[Amended 5-5-2021 by L.L. No. 2-2021]
This local law shall be known and may be cited as "Local Law
No. 2 of 2021," a local law amending Local Law No. 5 of 1995 of !he
Town of Halfmoon entitled "Local Law Relating to Zoning for the Town
of Halfmoon," as previously amended and supplemented, and the Forest
Lane Apartments Planned Development District created in 1983.
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 therein and made
a part thereof, be and the same hereby are amended by changing from
Residence District R-3 a portion thereof, as hereinafter described,
and creating within the boundaries of said newly described area a
planned development district to be known and described as "Forest
Lane Apartments Planned Development District."
The area of said Forest Lane Apartments Planned
Development District, consisting of approximately 7.2 acres, is bounded
and described as follows:
A. Northerly by the lands of the Beatrice Wonderford
Estate and Albert R. Frament.
B. Easterly by the lands of Jennie Dahoda.
C. Southerly by the lands of Donna J. Vincent.
D. Westerly by the lands of Beverly and Francis Covel,
Dunsbach Road and the Beatrice Wonderford Estate.
There shall be constructed within the area of
said Forest Lane Apartments Planned Development District the following:
A. Number of units and density. The maximum number of
dwelling units shall be 48 attached housing units in 12 two-story,
fourplex structures. The density for the total project shall not exceed
6.66 dwelling units per acre.
B. Apartments. Each dwelling unit within this group shall
be a single-family unit. Garages, a designated mail collection area,
and office space may also be constructed on site with the understanding
that neither will be utilized for rentals to the general public. Before
application is made for any building permit, approval shall be obtained
from the Planning Board of the Town of Halfmoon and the final plan
shall be signed by all governmental entities having jurisdiction thereof.
The exact location and specifications of roadways, buffers, green
space and other related matters may be changed, altered or amended
during the Town of Halfmoon Planning Board review process in a manner
generally consistent with the amendments proposed herein.
[Amended 5-5-2021 by L.L.
No. 2-2021]
C. Parking. There shall be provided no less than 98 parking
stalls for 48 dwelling units in 12 fourplex structures.
D. Potable water source. A central water supply system
shall be developed to service Forest Lane Apartments. The public water
supply will consist of several well points that shall pump to an on-site
storage area. The water shall be chlorinated and pumped through the
distribution system to each individual fourplex unit. The water system
shall comply with all the requirements for community water supply
as set forth by the New York State Department of Health and the New
York State Department of Environmental Conservation.
E. Sanitary sewers and sewage disposal. Forest Lane Apartments
shall be served by a sanitary waste disposal system consisting of
a leaching bed for each fourplex cluster of dwelling units. Each leaching
bed shall be twenty-five-foot by twenty-foot and provide 500 square
feet of bed for each fourplex cluster. The sanitary waste disposal
system shall comply with the New York State Department of Health requirements.
F. Storm sewers. A stormwater management system shall
control runoff through overland flow. Stormwater shall be channeled
and allowed to sheet off paved areas onto adjacent vegetated open
space. Stormwater recharge areas in the northeast and southwest corners
of the site shall retain and regulate runoff to the peak quantity
that existed prior to the development. Natural swales and open space
low points shall be used to maintain the existing ecological balance
in groundwater recharge.
G. Roads. There shall be constructed a private access
road entering the site from Dunsbach Road. The fourplex units and
parking shall be clustered on both sides of the road as it winds throughout
to the rear of the site. The access road serving the planned development
district shall have a twenty-two-foot paved surface. All curves and
intersections are designed in accordance with standard circulation
requirements for emergency vehicle access.
H. Electrical and telephone service. Electric and telephone
service shall be laid underground within easements along the access
road.
I. Open space. Shall be owned and maintained by the owner
of the Forest Lane Apartments. The areas designated as open space
shall be further defined by the Planning Board during the approval
process for any additional building on the site.
[Amended 5-5-2021 by L.L.
No. 2-2021]
J. Maintenance and services. The owners and developers
of the project shall be responsible for all maintenance, including
but not limited to lawn work, building upkeep, road repairs, snow
removal, water supply and sanitary disposal. Refuse collection shall
be coordinated for the owners and privately transported to the Town
of Halfmoon Landfill.
K. All other
provisions of the previously approved Forest Lane Apartments Planned
Development District, except as modified herein, shall remain in full
force and effect.
[Added 5-5-2021 by L.L.
No. 2-2021]
L. There
shall be a minimum fifteen-foot set back from the property line for
any and all buildings located in the Planned Development District.
[Added 4-20-2022 by L.L. No. 4-2022]
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and in strict compliance with the New York State Building Code. All
construction shall be performed subject to the direction and control
of a duly licensed architect and a site development consultant and,
when completed, shall be certified by both as having been constructed
in full compliance with the New York State Building Code. The plans
and specifications shall be approved by the Planning Board of the
Town of Halfmoon and approval by such Planning Board shall be filed
in the Office of the Town Clerk of the Town of Halfmoon. The architect
and consultant performing the work herein described shall be employed
by and at the sole expense of the developer. All construction, during
performance thereof and upon completion, shall be subject to the inspection
and approval of the Building Inspector of the Town of Halfmoon. All
roads and/or streets to be constructed pursuant to this local law
shall be constructed pursuant to specifications at the time in effect
for the construction of Town highways in the Town of Halfmoon.
This amendment shall be deemed automatically
revoked and void and the previous regulations shall obtain if, within
12 months from the approval by the Planning Board of the Town of Halfmoon
for construction of the project, commencement of the construction
of Forest Lane Apartments Planned Development District has not begun
or if after construction has begun unless substantial progress continues
without undue interruption thereafter or if the development is not
completed within five years of such approval. 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 building or buildings, this local law shall continue
in full force and effect and the area zoned by this local law shall
be the area within which said building or buildings was or were constructed
pursuant to this local law. For proper cause shown, the Town Board
of the Town of Halfmoon may, under such terms and conditions as it
deems proper, extend either the twelve-month period or the five-year
period, or both, and/or may waive the requirement that substantial
progress shall continue without due interruption.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map, is hereby amended by providing that said Forest Lane Apartments
Planned Development District be set forth as supplementary map numbered
_____, which is hereby made part of this local law.