[Adopted 10-2-1984 by L.L. No. 9-1984]
This local law shall be known and may be cited as "Local Law Amending Local Law No. 2 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 "H.T. Hatter Apartments Planned Development 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 therein and made a part hereof, be and the same hereby are amended by changing from the existing zoning district classifications (Residence District R-3 and Manufacturing M-1), as hereinafter described, and creating within the boundaries of said newly described area a planned development district to be known and described as H. T. Hatter Apartments Planned Development District.
The area of said H. T. Hatter Apartments Planned Development District, consisting of approximately 17.5 acres, is bounded and described as follows:
A. 
Northerly by the lands of DeBenedetto;
B. 
Easterly by the lands of Scumowski, Guinan, Williams and Clam Steam Road;
C. 
Southerly by the lands of Bellard;
D. 
Westerly by the lands of the State of New York known as Interstate 87.
The H. T. Hatter Apartments Planned Development District shall consist of the following:
A. 
Phasing of development. The development of the PDD shall be divided into two phases:
(1) 
The first phase will involve the approval of the existing use and structures existing on the property. The existing 13 dwelling units, are comprised as follows: a) a single-family residence in which the owner and developer lives; b) a four family apartment unit; and c) an eight-family apartment unit. The existing use and structure will be brought into compliance with the Town of Halfmoon Zoning Ordinance by the creation of the H. T. Hatter Apartments Planned Development District. The existing light industrial land use will be eliminated from the site during Phase I, and the building relocated away from the existing residential units. Furthermore, a new well/water supply will be installed as part of Phase I as well as the upgrading of the site access.
(2) 
Phase II of the planned development district consists of the construction of two four-family apartment units, with the additional construction of appropriate approved septic systems, a parking lot for 18 cars, access road, additional landscaping, and the completion of the water distribution system.
B. 
Number of units and density.
(1) 
The maximum number of dwelling units shall be 21, comprised as follows: one single-family residential unit; 12 existing apartment units; and eight proposed apartment units. In addition, an existing metal building located on the property will be removed and relocated on the site. The density for the total project shall not exceed one dwelling unit for every 0.83 acres.
(2) 
Upon completion, the site will be improved by the following structures: three four-dwelling unit apartments; one eight-dwelling-unit apartment; and one single-family dwelling unit.
C. 
Apartments. The average apartment dwelling unit shall consist of a one-bedroom single-family unit consisting of living room, kitchen, dinette, one bedroom and a bath. The size of each dwelling unit shall be approximately 600 square feet.
D. 
Parking. There shall be provided no less that 42 parking spaces for the 21 dwelling units.
E. 
Potable water source. Existing well and pumphouse provides water service to the 13 existing dwelling units in Phase I. A new well was installed in November 1983 to eventually service the eight proposed dwelling units to be constructed on the site as part of Phase II.
F. 
Sanitary sewers and sewage disposal. H. T. Hatter Apartments Planned Development District shall be served by a sanitary waste disposal system consisting of a leaching bed for each proposed four-dwelling-unit apartment building. Each leaching bed shall be 25 feet by 20 feet and provide 500 square feet of bed for each four-dwelling-unit apartment building. The existing single-family dwelling unit shall be served by the existing septic tank and tile field. The existing four-family dwelling unit apartment shall be served by the existing septic tank and tile field. The existing eight-dwelling-unit apartment building shall be served by the existing septic tank and tile field. The proposed sanitary waste disposal systems shall comply with the New York State Department of Health requirements and shall be available for inspection and approval by the Building Inspector during construction of the two proposed four-family unit apartments.
G. 
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. All side drainage will be disposed of on site, and storm drainage, after completion of Phase II, will not exceed that which existed prior to new construction. Natural on-site swales and low points shall be used to maintain the existing ecological balance and groundwater recharge, and will be adequate to accept runoff from new paved roads and parking areas.
H. 
Roads. The H. T. Hatter Apartments Planned Development District shall not require any addition to the public road system of the Town of Halfmoon. The existing sixteen-foot plus or minus driveway will serve as access to the existing structures located on the property, as well as the two proposed four-family units called for in Phase II. Prior to completion of Phase II, a twenty-two-foot access road will be constructed as shown on the map. The proposed twenty-foot access road will be designed to accommodate standard circulation requirements for emergency vehicle access. A circular turnaround will be constructed at the end of the Phase II access road for easy emergency and maintenance access.
I. 
Electrical and telephone service. Electrical and telephone service shall be laid underground by the appropriate utility companies pursuant to acceptable installation and construction practices.
J. 
Open space. Approximately 16.45+/- acres of the 17.50+/- acre site is designated to remain as open space. The acreage shall be owned by the developer and appropriately maintained for the use of the residents of H. T. Hatter Apartments. Some or all of the open space may eventually be used as a farm for growing evergreen Christmas trees by the developer.
K. 
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 with the owners and privately transported to the Town of Halfmoon Landfill.
All improvements shall be designed and constructed pursuant to plans and specifications approved by a duly licensed architect or licensed civil engineer 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 or licensed civil engineer and the 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 or civil engineer and consultant performing the work herein described shall be employed by and at the sole expense of the developer. All construction during the performance thereof and upon completion shall be subject to the inspection and approval of the Building Inspector of the Town of Halfmoon. All driveways and/or roads to be constructed pursuant to this local law shall be constructed according to appropriate standards for a private driveway providing access to apartment units.
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 the construction of the project, commencement of the Phase II of H. T. Hatter 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 the existing buildings are located and proposed future buildings are constructed pursuant to this local law, there shall be no voiding of this amendment and, as to said area and 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 is now located or will be 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 undue interruption.
Section 402 of the said Local Law No. 2 of 1973, Zoning Map, is hereby amended by providing that said H. T. Hatter Apartments Planned Development District be set forth as supplementary map numbered __________, which is hereby made a part of this local law.