Town of Halfmoon, NY Article V Planned Development District No. 5, Squire Park

[Adopted 5-4-1976 by L.L. No. 1-1976]

§ 166-28 Establishment of district.

A local law amending Local Law No. 2 of 1973 of the Town of Halfmoon and entitled Local Law No. 1 of 1976 of the Town of Halfmoon, providing for the creation of a Planned Development District No. 5. The above referred to local law amends the Zoning Law and Map of the Town of Halfmoon, changing from Resident District R-1 to Resident District R-3 to create within its boundaries dwellings consisting of duplexes and multiple dwellings.

§ 166-29 Amendment 1994.

[Added 6-21-1994 by L.L. No. 3-1994]

A. Title. This local law shall be known and may be cited as Local Law No. 3 of 1994, a local law amending Local Law No. 1 of 1976, providing for the creation of a planned development district known as "Squire Park Planned Development District."

B. Establishment of district. Local Law No. 2 of 1973 of the Town of Halfmoon, entitled "Local Law Relating to Zoning for the Town of Halfmoon," and the Zoning Map of the Town of Halfmoon, as set forth and enacted in Local Law No. 1 of 1984, as previously amended and supplemented by the Zoning Ordinance of the Town of Halfmoon adopted on October 7, 1986 and by Local Law No. 4 of 1990 and Local Law No. 1 of 1976 be and the same hereby are further amended by modifying the provisions and increasing the density of development applicable to the residential planned development district known and described as "Planned Development District No. 5," which was created by said Local Law No. 1 of 1976.

C. Boundaries.[1] The area of said Squire Park Planned Development District is bounded and described as set forth in Exhibit A attached hereto and made a part hereof and as shown on a certain site plan map thereof prepared by Environmental Design Partnership, dated February 17, 1994, entitled "Squire Park."

[1] Editor's Note: PDD maps and plans are on file in the Town's offices.

D. Development. There shall be developed within the area of said Squire Park Planned Development District a total of 104 rental units, within 10.4 acres, there being 36 existing units and an additional 68 new units proposed, with ancillary structures, facilities, roads or streets as follows:

(1) Off-street parking will be provided with a minimum of two spaces per unit.

(2) Privately owned and maintained access roads, as shown on the preliminary map on file with the Town Clerk, shall be constructed from Sitterly Road.

(3) Potable water for the district shall be provided by connection with the Town of Halfmoon Water District No. 6 at the applicant's sole cost. Approval of the water distribution system shall be obtained by the applicant from the Town of Halfmoon and the New York State Department of Health.

(4) Wastewater disposal will be provided by connection to the Saratoga County Sewer District No. 1. Plans for the collection system must be approved by Saratoga County Sewer District No. 1 and the New York State Department of Health. The cost of such connection shall be borne by the applicant.

(5) A stormwater management system will be installed to minimize the impact of the project on adjacent and downstream properties and shall meet applicable New York State Department of Environmental Conservation and Town of Halfmoon standards and shall be, at the sole option of the Town of Halfmoon, dedicated to the Town, with appropriate title insurance, as-built maps, etc., as acceptable to the Town Attorney.

(6) Existing vegetation shall be maintained to the maximum extent possible to fully buffer views into the site from adjacent lands uses, Sitterly Road and New York State and U.S. Route 9.

(7) If required by the Town Board, the knoll or lump in Sitterly Road will be removed and the area restored and paved in accordance with the Town of Halfmoon Specifications, Rules and Regulations and Road Profiles.

E. Construction regulations.

(1) Before construction of Squire Park Planned Development District is started or any building permit is issued relative thereto, final site plans and specifications, sufficient for the site plan review and engineering analysis, shall be submitted to and approved by the Planning Board of the Town of Halfmoon and filed with the Town Clerk of the Town of Halfmoon, and said approval is a condition precedent to any construction.

(2) All improvements shall be designed and constructed pursuant to plans and specifications approved by a duly licensed architect and/or engineer and in strict compliance with the New York State Uniform Fire Prevention and Building Code. All construction shall be performed subject to the direction and control of a duly licensed architect and/or engineer and, when completed, shall be certified as having been constructed in full compliance with the New York State Uniform Fire Prevention and Building Code. The engineer and/or architect performing the work herein described shall be employed by, and at the sole expense of, the developer. The Planning Board shall not give approval as referred to in said local law relating to zoning unless or until all approvals required by each and every other government or governmental entity have been obtained. All construction during the performance thereof and upon completion shall be subject to the inspection and approval of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.

(3) The exact location, number and size of buildings, parking areas, green space, sidewalks, interim roads and other related matters may be changed, altered or amended during the Town of Halfmoon Planning Board site plan review process in a manner generally consistent with the preliminary plan and this local law.

(4) During construction of the Squire Park Planned Development District, there shall be constructed, as set forth in general conformity with the preliminary plans, as a part of the plans and specifications to be approved by the Planning Board of the Town of Halfmoon, parking areas and access drives providing sufficient parking and access for all buildings per Town specifications.

F. Water distribution facilities; dedication. Upon satisfactory completion in accordance with the requirements of the appropriate state agencies, all water distribution facilities, including mains, valves, fittings, hydrants and that portion of the service connection which lie outside the limits of dedicated roadways, shall be offered to the Town of Halfmoon with delivery to the Town of Halfmoon of duly executed deeds, title insurance, easements and bills of sale, as appropriate, at no cost to the Town of Halfmoon.

G. Water distribution facilities; easements. For those portions of the water distribution system, including mains, valves, fittings and hydrants which lie outside the limits of dedicated highways, easements for the maintenance, repair and replacement of the system shall be conveyed to the Town of Halfmoon, at no cost to the Town of Halfmoon, with appropriate title insurance and documents satisfactory to the Town Attorney.

H. Sewage facilities; dedication. Upon satisfactory completion and connection in accordance with the requirements of the appropriate state agencies, Saratoga County Sewer District, all sewage facilities including mains, manholes and pumping stations shall be offered to Saratoga County Sewer District No. 1 at no cost to said district, with delivery to said Saratoga County Sewer District No. 1 of duly executed deeds, easements and bills of sale as appropriate, together with easements for the maintenance, repair and replacement of all those portions of the system which lie outside the limits of the dedicated streets. Parcels of land for pumping station and access thereto shall be offered in fee to said district with delivery to said district of a duly executed deed or deeds, at no cost to said district, if necessary.

I. Stormwater management facilities; dedication. Upon satisfactory completion in accordance with the approved drawings, all stormwater management facilities within the limits of dedicated streets shall be offered to the Town of Halfmoon with duly executed deeds, easements and bills of sale as appropriate at no cost to the Town of Halfmoon, which the Town in its sole discretion may accept for dedication at any time it determines.

J. Stormwater management facilities; easements. For all those portions of the stormwater management facilities, including pipes, catch basins, manholes and retention areas which lie outside the limits of dedicated streets, easements for the maintenance, repair and replacement of the system shall be conveyed to the Town of Halfmoon at no cost to the Town of Halfmoon, if requested by the Town of Halfmoon at any time.

K. Stormwater retention/detention tax district. In the event the Town of Halfmoon chooses to create a stormwater retention or detention tax district or stormwater management tax district or the equivalent, it is the intent that the stormwater management areas created as a part of this planned development district will be dedicated to and become a part of that tax district to be serviced and paid for pursuant to the legislation adopted therefor by the development serviced by said areas.

L. Signs. All signs within the district shall comply with the requirements established by the Planning Board during site plan review and must be approved by said Planning Board.

M. Letter of credit.

(1) The developer shall file bonds or letters of credit in the amounts established by the Town Planning Board and acceptable as to amount and form to the Town Engineers and Town Attorney to guarantee the following:

(a) Return of the site to its original condition after clearing and grading should this be deemed necessary by the Planning Board;

(b) The satisfactory completion of the utilities, paving and other infrastructure for the project;

(c) The satisfactory completion and maintenance of landscaping on the project site.

(2) The bonds or letters of credit shall be filed for the period of time to be determined by the Planning Board.

N. Zoning Map. Section 402 of the said Local Law No. 1 of 1968, Zoning Map, as revised, amended and supplemented by the local law relating to zoning of the Town of Halfmoon adopted October 7, 1986, revised November 8, 1990, is hereby amended by providing that Planned Development District No. 5 be set forth on a supplementary map which is hereby made a part of this local law as Exhibit A, dated February 17, 1994.

O. Revocation; regulations for construction completed at time of revocation; waiver.

(1) This amending local law shall be automatically revoked and void and the previous statutory regulations shall apply under the following circumstances:

(a) Commencement of the construction of Planned Development District No. 5 has not begun within 12 months from the effective date of this local law;

(b) Substantial progress is not being made without undue interruption after construction has commenced;

(c) Completion of the proposed planned development is not completed within three years from the start of construction.

(2) As to the area within which a building or buildings have been constructed pursuant to this local law, there shall be no voiding of this amendment, and as to said area and buildings, this amending local law shall continue in full force and effect and the areas zoned by this local law shall be the area within which said building or buildings was or were constructed pursuant to this amended local law plus an additional area of 50 feet of open space beyond the outside boundaries of each building constructed.

(3) For proper cause shown, the Town Board may, under such terms and conditions as it deems proper, waive either or both of said requirements by resolution, without first conducting a public hearing thereon.