[Adopted 12-30-1985 by L.L. No. 3-1985]
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 "Mapleridge 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 as
hereinafter described, creating within the boundaries of said newly
described area a planned development district to be known as "Mapleridge
Planned Development District."
The area of said Mapleridge Planned Development
District is bounded and described as set forth in Exhibit B attached
hereto and made a part hereof.
There shall be constructed within the area of
said Mapleridge Planned Development District a multifamily project
consisting of one-family dwelling units, two-family dwelling units,
townhouses, streets, recreational facilities, public improvements
and perhaps a temporary real estate office, as follows:
A. There shall be constructed streets together with connecting
streets, recreational areas, real estate office for on site real estate
sales only and residential dwellings up to a maximum of 193 units
consisting of approximately 47 one-family units, 76 two-family units
and 70 townhouse units. There may be constructed an entrance sign
after obtaining the necessary approvals for such.
B. The area described is approximately 43 acres in size
and is located on the south side of Grooms Road. Further, the developer
proposes to extend the county sewage collection system along the length
of Ponderosa Drive to make such service available to the existing
residents. The Planning Board may also require the developer to complete
stub roads in accordance with Town road specifications in the right-of-way
(R.O.W.) areas indicated adjacent to Lots 61 and 73.
C. Before construction of Mapleridge 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. Planning and Town Board approvals are required prior
to construction.
D. During the construction of Mapleridge 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
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 unless and until all approvals required by each and every
other government or governmental entity have been obtained. The architect
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.
Upon satisfactory completion in accordance with
the requirements of the appropriate state agencies, 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.
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.
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.
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 Mapleridge 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. 2 of 1973,
Zoning Map, is hereby amended by providing that Mapleridge Planned
Development District be set forth on supplementary map numbered 3-1985,
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 the L.A. Partnership, which is hereby made
a part of this local law as Exhibit B.
[Added 8-3-1993 by L.L. No. 3-1993]
A. This local law shall be known and may be cited as
Local Law No. 1 of 1993 local law amending Local Law No. 3 of 1985
of the Town of Halfmoon and shall be entitled "Local Law Relating
to Zoning for the Town of Halfmoon Providing for the Creation of a
Planned Development District to be known as Mapleridge Planned Development
District, Amended."
B. 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 and Local Law No. 3 of 1985, be and the same hereby
are amended as hereinafter described, amending certain provisions
of the said planned development district legislation known as "Mapleridge
Planned Development District."
C. Section 4 of Local Law No. 3 of 1985 shall be amended
to permit the construction of residential dwelling units up to a maximum
of 158 units consisting of approximately 91 single-family units, 14
two-family units and 53 townhouse units. Lot 82 shall be developed
essentially in substantial capacity with the existing townhouse units
on Lots 81 and 83 Tupelo so as to achieve an architectural conformity,
consisting of similar size, style and nature as the existing units.
Lots 78, 79 and 80 shall be resubdivided to contain a maximum of 12
single-family lots, 5,000 square feet each, with a minimum of 15 feet
separation (7 1/2 feet each single lot), 20 feet to the boundary
of any district or public street, forty-foot road setback with paved
driveway on each home, architecturally compatible with existing patio
homes on Mapleridge Drive, with at least 1,200 square feet of improved
living space, exclusive of cellar and garage, with seeding and grading
to the lot line.
D. This amendment to Local Law No. 3 of 1985 shall be
deemed automatically revoked and void and the previous regulations
and laws shall obtain if, within one year from the approval of the
Planning Board of the Town of Halfmoon for the construction of the
project, commencement of construction of the project 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 two years of the original completion date set forth
in Local Law No. 3 of 1985. 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 the 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, upon such terms and conditions as it deems
appropriate, may extend either the one-year period or the two-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.
E. Before construction of Mapleridge Planned Development
District is started or any building permit is issued thereto, final
plans and specifications, architectural elevations and views sufficient
to assure compliance with the local law shall be submitted to the
Planning Board of the Town of Halfmoon and filed with the Town Clerk
of the Town of Halfmoon. Planning and Town Board approvals of the
architectural style and materials, construction and design, site layout
and subdivision are required prior to construction.