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.
[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. 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."
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.