[Adopted 4-2-1985 by L.L. No. 2-1985]
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 "Shirecrest 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 and enacted
in Local Law No. 1 of 1984, be and the same hereby are amended by
changing from R-1 and R-3, as hereinafter described, and creating
within the boundaries of said newly described area a planned development
district to be known as Shirecrest Planned Development District.
The area of said Shirecrest Planned Development
District is bounded and described as set forth in Exhibit B attached
hereto and made a part hereof.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
There shall be constructed within the area of
said Shirecrest Planned Development District a multifamily project
consisting of one-family dwelling units and two-family dwelling units,
accessory buildings, streets, recreational facilities, laundry facilities,
public improvements and perhaps a temporary real estate office allowed
only during construction of the project, as follows:
A.
There shall be constructed streets together with connecting
streets, a recreational area, temporary real estate office for on-site
real estate sales only and residential dwellings up to a maximum of
277 units, consisting of approximately 31 one-family units and 123
two-family units. There may be constructed an entrance sign and shelter,
after obtaining the necessary approvals for such.
B.
Before construction of Shirecrest 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 for review and filed with the Town Clerk
of the Town of Halfmoon. Town of Halfmoon Planning Board and Town
Board approvals are required prior to construction.
C.
During the construction of Shirecrest 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, recreation facilities and real estate office.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
for buildings and a duly licensed professional engineer in the State
of New York for site improvement and in strict compliance with the
New York State Building Code and applicable Town of Halfmoon ordinances.
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 have been obtained. The architect
and engineer performing the work herein described shall be employed
by and at the 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 within the project limits 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.
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. The exact limits of the water
system to be conveyed to the Town of Halfmoon shall be determined
by the Town after final plans are submitted.
Upon satisfactory completion in accordance with
the requirements of the appropriate state agencies and the Saratoga
County sewer agency, all sewerage facilities including main laterals,
manholes and pumping stations shall be offered to Saratoga County
Sewer District No. 1 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, at no cost to said district. 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.
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.
All stormwater management facilities outside
the limits of dedicated streets including pipes, catch basins, manholes
and retention areas shall be maintained forever by the homeowners'
association. However, an easement(s) shall be conveyed to the Town
of Halfmoon so that in the event the homeowners' association shall
fail or refuse to perform such maintenance as the Town of Halfmoon
may deem necessary the Town of Halfmoon may enter on the premises
to maintain, repair or replace the stormwater management system as
may be necessary. The cost of such maintenance, repair or replacement
by the Town of Halfmoon shall be a charge against the said real property
and added to the taxes concerning such real property.
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 Shirecrest 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 building 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 said Local Law No. 2 of 1973,
Zoning Map, is hereby amended by providing that Shirecrest Planned
Development District be set forth on supplementary map numbered 2-1985,
which is hereby made a part of this local law as Exhibit A. The property
set forth on such map is the real property described in the description
annexed hereto made by S. Santo Associates, which is hereby made a
part of this local law as Exhibit B.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
