[Adopted 6-22-1984 by L.L. No. 7-1984]
This local law shall be known and may be cited
as local law amending Local Law No. 2 of 1973, of the Town of Halfmoon,
entitled "Local Law Relating to Zoning for the Town of Halfmoon,"
providing for the creation of a planned development district to be
known as "Senior Citizens Housing Planned Development District."
The local law of the Town of Halfmoon entitled
"Local Law Relating to Zoning for the Town of Halfmoon," including
the Zoning Map of the Town of Halfmoon, be and the same hereby is
amended by changing from Residence District R-3, as hereinafter described,
and creating within the boundaries of said newly described area a
planned development district to be known and described as "Senior
Citizens Housing Planned Development District."
The area of said Senior Citizens Housing Planned
Development District is bounded and described as follows:
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ALL THAT PARCEL OF LAND situate in the Town
of Halfmoon, Saratoga County, State of New York, bounded and described
as follows:
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BEGINNING at a concrete monument in the northwesterly
bounds of New York State Route 236 leading from US Route 9 to Mechanicville
and at the most southerly corner of lands now or formerly of Joseph
Stanzak, and running thence S. 27° -55' -30" W. along said bounds
82.14 feet; thence N. 62° -05' -00" W. along the northeast line
of lands of F.S. Howland Jr. 301.43 feet; thence S. 27° -55' -00"
W. along the northwest line of lands of said Howland and Joseph Struzenski
325.0 feet; thence N. 79° -18' -40" W. a distance of 194.23 feet
to an iron pipe at the northeast corner of lands of J. Alund; thence
N. 78° -27' -00" W. along the north line of lands of said Alund,
150.0 feet to an iron pipe; thence N. 82° -14' -50" E. a distance
of 149.03 feet; thence N. 07° -45' -10" W. along Birchwood Acres
Subdivision 380.00 feet; thence S. 87° -51' -30" E. through the
lands of Paulsen a distance of 484.01 feet; thence along a curve having
a radius of 400 feet and a chord bearing of S. 41° -28' -04" E.
for a chord distance of 281.57 feet along said curve a distance of
287.73 feet; thence S. 62-04'-30" E. a distance of 32.05 feet to the
point and place of beginning; containing 4.2214 acres of land.
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[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
A.
There shall be constructed within the area of said
Senior Citizens Planned Development District the improvements set
forth on a site plan entitled "Map Showing Survey of Land to be Conveyed
to Halfmoon Housing Development Co., Inc., N.Y.S. Route 236, Town
of Halfmoon, Saratoga County, New York," made by Hershberg and Hershberg,
Consulting Engineers and Professional Land Surveyors, and dated January
5, 1984, and setting forth in general a proposed land use of senior
citizens housing facilities.
B.
There shall be constructed streets and/or connecting
streets.
C.
Before construction of Senior Citizens Housing Planned
Development District is started or any building permit is issued relating
thereto, final plans and specifications shall be submitted to the
Planning Board of the Town of Halfmoon and filed with the Town Clerk
of the Town of Halfmoon.
D.
During the construction of Senior Citizens Housing
Planned Development District, there shall be constructed, as set forth
as part of the plans and specifications to be approved by the Planning
Board of the Town of Halfmoon, parking areas providing sufficient
parking for all dwelling units.
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. The
Planning Board shall not give approval as referred to in said local
law relating to zoning, Section 1002, paragraph 8,[1] unless and until all approvals required by each and every
other government or governmental entity has been obtained. The architect
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 Enforcement Officer 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. Any private
sewage or water system must and shall be connected to public or municipal
facilities when available.
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 lies within the limits of the dedicated
roadways shall be offered to the Town of Halfmoon with delivery to
the Town of Halfmoon of duly executed deeds, easements and bills of
sale, as appropriate, at no cost to the Town of Halfmoon.
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.
This amendment shall be deemed automatically
revoked and void and the previous regulations and laws shall obtain
if, within six months from the approval of the Planning Board of the
Town of Halfmoon for the construction of the project, commencement
of the construction of Senior Citizens Housing 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 eight 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 the amendment
and, as to said area and buildings or buildings, this amending 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 amending local law. For proper
cause shown, the Town Board of the Town of Halfmoon may, upon such
terms and conditions as it deems proper, extend either the six-month
period or the eight-year period, or both, and/or may waive the requirement
that substantial progress shall continue without undue interruption.
Any such extension of time or waiver may be made by the Town Board
without a public hearing.
Section 402 of the Local Law No. 2 of 1973,
Zoning Map, is hereby amended by providing that Senior Citizens Housing
Planned Development District be set forth on supplementary map numbered
___ which is hereby made a part of this local law as Exhibit A.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
