[Adopted 12-3-1991 by L.L. No. 3-1991]
This local law shall be known and may be cited
as Local Law No. 3 of 1991, a local law amending Local Law No. 1 of
1969, as amended October 7, 1986, and November 8, 1990, 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 "Oak Brook Commons Planned Development District."
Local Law No. 1 of 1969 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, as amended and revised November 1990,
be and the same are hereby amended as hereinafter described, creating
within the boundaries of said Town a newly described planned development
district to be known as "Oak Brook Commons Planned Development District."
The area of said Oak Brook Commons Planned Development
District is bounded and described as set forth in Exhibit A attached
hereto and made a part hereof and as shown on a certain site plan
map thereof prepared by the L.A. Group and set forth as Figure 1-1
in the environmental impact statement submitted relative to the Oak
Brook Commons Planned Development District.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
There shall be developed within the area of
said Oak Brook Commons Planned Development District a total of 132
apartment units within either four- or eight-unit buildings, with
ancillary structures, facilities, roads or streets as follows:
A.
Off-street parking will be provided with a minimum
of two spaces per unit.
B.
Two privately owned and maintained access roads, as
shown on the preliminary map on file with the Town Clerk, shall be
constructed from New York State and U.S. Route 9. Permits shall be
obtained from the New York State Department of Transportation providing
for access to New York State and U.S. Route 9.
C.
Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 6. Approval
of the water distribution system shall be obtained from the Town of
Halfmoon and the New York State Department of Health.
D.
Wastewater disposal will be provided by connection
to the Saratoga County Sewer District No. 1. Plans for the collection
system must be approved by Saratoga County Sewer District No. 1 and
the New York State Department of Health. The cost of such connection
shall be borne by the applicant.
E.
A stream crossing permit must be obtained from the
New York State Department of Environmental Conservation for the access
road and utility sewer line crossings of the protected trout stream
which traverses the district, which permit must be obtained prior
to commencement of construction of the improvements.
F.
A stormwater management system will be installed to
minimize the impact of the project on adjacent and downstream properties
and shall meet applicable New York State Department of Environmental
Conservation and Town of Halfmoon standards.
G.
Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
land uses and New York State and U.S. Route 9. In addition, a six-foot
stockade fence shall be placed along the easterly boundary of the
district to buffer the proposed improvements from the properties to
the east.
A.
Before construction of the Oak Brook Commons Planned
Development District is started or any building permit is issued relative
thereto, final site plans and specifications, sufficient for site
plan review and engineering analysis, shall be submitted to the Planning
Board of the Town of Halfmoon and filed with the Town Clerk of the
Town of Halfmoon.
B.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
C.
The exact location and size of buildings, parking
areas, green space, sidewalks, interim roads and other related matters
may be changed, altered or amended during the Town of Halfmoon Planning
Board site plan review process in a manner generally consistent with
the preliminary plan.
D.
During construction of the Oak Brook Commons Planned
Development District there shall be constructed as set forth in general
conformity with the preliminary plans, as part of the plans and specifications
to be approved by the Planning Board of the Town of Halfmoon, parking
areas and access drives, portions of which may be in the Town of Clifton
Park, providing sufficient parking and access for all buildings and
the Town of Halfmoon Water District No. 6 well site.
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 and connection
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, if necessary.
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, which the Town in its sole discretion
may accept for dedication at any time it determines.
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 if requested
by the Town of Halfmoon at any time.
All signs within the district shall comply with
the requirements established by the Planning Board during site plan
review.
A.
The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney, to
guarantee the following:
(1)
Return of the site to its original condition after
clearing and grading should this be deemed necessary by the Planning
Board;
(2)
The satisfactory completion of the roads and other
infrastructure for the project;
(3)
The satisfactory completion and maintenance of landscaping
on the project site.
B.
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map as revised, amended and supplemented by the local law relating
to zoning of the Town of Halfmoon adopted October 7, 1986, revised
November 8, 1990, is hereby amended by providing that Oak Brook Commons
Planned Development District be set forth on a supplementary map which
is hereby made a part of this local law as Exhibit B; the property
set forth on such map is the same real property described in the description
annexed hereto and marked Exhibit A.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
A.
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances;
B.
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 buildings, this
amending local law shall continue in full force and effect and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
C.
For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolution, without first conducting a public
hearing thereon.
[Added 3-4-2004 by L.L. No. 3-2004]
A.
Title. This local law shall be known and may be cited
as Local Law No. 3 of 2004, a local law amending Local Law No. 5 of
1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning
for the Town of Halfmoon," as previously amended and supplemented,
providing for the amendment to a planned development district known
as Oak Brook Commons Planned Development District created by Local
Law No. 3 of 1991, which amended Local Law No. 1 of 1969 as amended
by Local Law No. 5 of 1995.
B.
Establishment of district. Local Law No. 5 of 1995
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 previously amended, be and the same hereby are amended to be known
and described as "Oak Brook Commons Planned Development District."
C.
Boundaries.[1] The area of said Oak Brook Commons Planned Development
District is bounded and described as set forth in Exhibit A, attached
hereto and made a part hereof, and as shown on a certain site plan
map thereof, prepared by Northeast Land Survey & Land Development
Consultants, P.C., dated February 23, 2001, last revised December
13, 2004, entitled "Subdivision Plan of Parcel No. 2 - Oak Brook Commons."
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
D.
Development.
(1)
In addition to the uses permitted under the original
planned development district, the proposed amendment is to allow the
construction of two four-unit apartment buildings with garages for
each unit on Lot No. 2. The construction will yield a total project
count of 136 units or four units in excess of the number approved
in the original planned development district.
(2)
Other than this amendment, no other changes, additions
or deletions to the planned development district are approved. All
of the terms and conditions of the original approval, except as to
permit the additional two four-unit apartment buildings, will remain
as is set forth in the original planned development district legislation.
(a)
Off-street parking will be provided as shown
on the site plan and on an additional lot, which lot will be attached
to this approval and become a part thereof. In the event, in the future
the Planning Board determines the additional lot is not necessary
for the proper use and occupancy of Lot 6, the Planning Board may
amend its original (and thereby this local law) to provide that the
lot is not necessary for parking for this use and may be separated
from this lot.
(b)
Potable water for the district shall be provided
by connection to municipal water.
(c)
Wastewater disposal will be provided by connection
to municipal sewer.
(d)
A stormwater management system, if required
by the Town Engineers, will be installed to minimize the impact of
the project on adjacent and downstream properties and shall meet applicable
New York State Department of Environmental Conservation and Town of
Halfmoon standards and shall be, at the sole option of the Town of
Halfmoon, dedicated to the Town, with appropriate title insurance,
as-built maps, etc., as acceptable to the Town Attorney.
(e)
Existing vegetation shall be maintained to the
maximum extent possible to fully buffer views into the site from adjacent
lands uses, and buffers shall be constructed from adjacent uses as
shown on the site plan.
E.
Construction regulations.
(1)
Before construction of the amended Oak Brook Commons
Planned Development District is started or any building permit is
issued relative thereto, final site plans and specifications, sufficient
for the site plan review and engineering analysis, shall be submitted
to and approved by the Planning Board of the Town of Halfmoon and
filed with the Town Clerk of the Town of Halfmoon, and said approval
is a condition precedent to any construction. Further or additional
buildings or facilities shall require approval of the Planning Board
in the same manner as the initial site plan provisions.
(2)
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
(3)
The exact location, number and size of buildings,
recreation facilities, parking areas, green space, sidewalks, interim
roads and other related matters may be changed, altered or amended
during the Town of Halfmoon Planning Board site plan review process
in a manner generally consistent with the preliminary plan and this
local law.
(4)
During construction of the Oak Brook Commons Development
District, there shall be constructed as set forth in general conformity
with the preliminary plans, as a part of the plans and specifications
to be approved by the Planning Board of the Town of Halfmoon, parking
areas and access drives providing sufficient parking and access for
all buildings per Town specifications.
(5)
All terms and conditions of the original planned development
district insofar as they are not incorporated herein are hereby ratified
and confirmed.
F.
Letter of credit. The developer shall file bonds or
letters of credit in the amounts established by the Town Planning
Board and acceptable as to amount and form to the Town Engineers and
Town Attorney to guarantee the following:
(1)
Return of the site to its original condition after
clearing and grading should this be deemed necessary by the Planning
Board;
(2)
The satisfactory completion of the utilities, paving
and other infrastructure for the project;
(3)
The satisfactory completion and maintenance of landscaping
on the project site. The bonds or letters of credit shall be filed
for the period of time to be determined by the Planning Board.
G.
Zoning Map. Local Law No. 5 of 1995 is hereby amended
by providing that Chris Abele Planned Development District be set
forth on a supplementary map which is hereby made a part of this local
law as Exhibit B, dated April, 2003; the property set forth on such
map is the same real property described in the description annexed
hereto and marked Exhibit A, said map having been made by ABD Engineers
& Surveyors, dated April 2003, entitled "Concept Plan - Halfmoon
Sports Complex, 6 Corporate Drive, Capital Region Business Park."
H.
Revocation; regulations for construction completed
at time of revocation; waiver.
(1)
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(a)
Commencement of the construction of amended
Chris Abele Planned Development District has not begun within 12 months
from the effective date of this local law;
(b)
Substantial progress is not being made without
undue interruption after construction has commenced;
(c)
Completion of the proposed planned development
is not completed within one year from the start of construction.
(2)
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 buildings, this
amending local law shall continue in full force and effect, and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
(3)
For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolutions, without first conducting a public
hearing thereon, and extend the time for completion or construction
of additional facilities.
[Added 12-20-2005 by L.L. No. 10-2005]
A.
Title. This local law shall be known and may be cited
as Local Law No. 10 of 2005, a local law amending Local Law No. 5
of 1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning
for the Town of Halfmoon," as previously amended and supplemented,
providing for the amendment to a planned development district known
as "Oak Brook Commons Planned Development District," created by Local
Law No. 3 of 1991, which amended Local Law No. 1 of 1969, as amended
October 7, 1986, November 1990 and Local Law No. 3 of 2004.
B.
Establishment of district. Local Law No. 5 of 1995
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 previously amended, be and the same hereby are amended to be known
and described as "Oak Brook Commons Planned Development District."
C.
Boundaries. The area of said Oak Brook Commons Planned
Development District shall not be affected by this amendment.
D.
Development. In addition to the uses permitted under
the original planned development district and the previous amendments
thereto, there shall be constructed one four-unit apartment building.
A previously constructed garage shall be demolished in the Town of
Halfmoon. Attached hereto and made a part hereof as Exhibit A is a
map dated September 12, 2005, which details the modifications listed
above. Other than this amendment, no other changes, additions or deletions
to the planned development district are approved. All of the terms
and conditions of the original approval, except as to permit the additional
four-unit apartment building will remain as is set forth in the original
planned development district legislation.
(1)
Off-street parking will be provided as shown on the
site plan. All other conditions and restrictions set forth in the
original approval and the amendments shall remain in full force and
effect.
(2)
Potable water for the district shall be provided by
connection to municipal water.
(3)
Wastewater disposal will be provided by connection
to municipal sewer.
(4)
A stormwater management system, if required by the
Town Engineers, will be installed to minimize the impact of the project
on adjacent and downstream properties and shall meet applicable New
York State Department of Environmental Conservation and Town of Halfmoon
standards and shall be, at the sole option of the Town of Halfmoon,
dedicated to the Town, with appropriate title insurance, as-built
maps, etc., as acceptable to the Town Attorney.
(5)
Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, and buffers shall be constructed from adjacent uses as
shown on the site plan.
E.
Construction regulations.
(1)
Before construction of the amended Oak Brook Commons
Planned Development District is started or any building permit is
issued relative thereto, final site plans and specifications, sufficient
for the site plan review and engineering analysis, shall be submitted
to and approved by the Planning Board of the Town of Halfmoon and
filed with the Town Clerk of the Town of Halfmoon, and said approval
is a condition precedent to any construction. Further or additional
buildings or facilities shall require approval of the Planning Board
in the same manner as the initial site plan provisions.
(2)
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
(3)
The exact location, number and size of buildings,
recreation facilities, parking areas, green space, sidewalks, interim
roads and other related matters may be changed, altered or amended
during the Town of Halfmoon Planning Board site plan review process
in a manner generally consistent with the preliminary plan and this
local law.
(4)
During construction of the Oak Brook Commons Development
District, there shall be constructed as set forth in general conformity
with the preliminary plans, as a part of the plans and specifications
to be approved by the Planning Board of the Town of Halfmoon, parking
areas and access drives providing sufficient parking and access for
all buildings per Town specifications.
(5)
All terms and conditions of the original planned development
district insofar as they are not incorporated herein are hereby ratified
and confirmed.
F.
Letter of credit.
(1)
The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney to guarantee
the following:
(a)
Return of the site to its original condition
after clearing and grading should this be deemed necessary by the
Planning Board;
(b)
The satisfactory completion of the utilities,
paving and other infrastructure for the project;
(c)
The satisfactory completion and maintenance
of landscaping on the project site.
(2)
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
G.
Revocation; regulations for construction completed
at time of revocation; waiver. This amending local law shall be automatically
revoked and void and the previous statutory regulations shall apply
under the following circumstances:
(1)
Commencement of the construction of the new apartment
building has not begun within 12 months from the effective date of
this local law;
(2)
Substantial progress is not being made without undue
interruption after construction has commenced;
(3)
Completion of the proposed planned development is
not completed within one year from the start of construction.
[Added 11-9-2006 by L.L. No. 5-2006]
A.
Title. This local law shall be known and may be cited
as Local Law No. of 2006, a local law amending Local Law No. 5 of
1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning
for the Town of Halfmoon," as previously amended and supplemented,
providing for the amendment to a planned development district known
as "Oak Brook Commons Planned Development District," created by Local
Law No. 3 of 1991, which amended Local Law No. 1 of 1969, as amended
October 7, 1986, November 1990 and Local Law No. 3 of 2004.
B.
Establishment of district. Local Law No. 5 of 1995
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 previously amended, be and the same hereby are amended to be known
and described as "Oak Brook Commons Planned Development District."
C.
Boundaries. The area of said Oak Brook Commons Planned
Development District shall not be affected by this amendment.
D.
Development. In addition to the uses permitted under
the original planned development district and the previous amendments
thereto, there shall be constructed one four-unit apartment building
and four stall garage with the same architecture as utilized in the
building of the four-unit apartment building and constructed in 2005.
Additionally, new mailboxes shall be constructed and placed in the
parking area. Attached hereto and made a part hereof as Exhibit A
is a map dated July 19, 2006, as revised October 30, 2006, which details
the modifications as approved by the Town Board of the Town of Halfmoon.
This will bring the total number of units to 144 in the Town of Halfmoon.
Eight parking spaces shall also be added for the new apartment unit
together with an access road and retaining wall. Other than this amendment,
no other changes, additions or deletions to the planned development
district are approved. All of the terms and conditions of the original
approval will remain as is set forth in the original planned development
district legislation and subsequent amendments.
(1)
Off-street parking will be provided as shown on the
site plan. All other conditions and restrictions set forth in the
original approval and the amendments shall remain in full force and
effect.
(2)
Potable water for the district shall be provided by
connection to municipal water.
(3)
Wastewater disposal will be provided by connection
to municipal sewer.
(4)
A stormwater management system if required by the
Town Engineers will be installed to minimize the impact of the project
on adjacent and downstream properties and shall meet applicable New
York State Department of Environmental Conservation and Town of Halfmoon
standards and shall be, at the sole option of the Town of Halfmoon,
dedicated to the Town, with appropriate title insurance, as-built
maps, etc., as acceptable to the Town Attorney.
(5)
Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, and buffers shall be constructed from adjacent uses as
shown on the site plan.
(6)
The applicant Charles E. Hoffman shall donate $2,000
per unit to the Town of Halfmoon for a total contribution of $8,000.
E.
Construction regulations.
(1)
Before construction of the amended Oak Brook Commons
Planned Development District is started or any building permit is
issued relative thereto, final site plans and specifications, sufficient
for the site plan review and engineering analysis, shall be submitted
to and approved by the Planning Board of the Town of Halfmoon and
filed with the Town Clerk of the Town of Halfmoon, and said approval
is a condition precedent to any construction. Further or additional
buildings or facilities shall require approval of the Planning Board
in the same manner as the initial site plan provisions.
(2)
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
(3)
The exact location, parking areas, green space, sidewalks,
interim roads and other related matters may be changed, altered or
amended during the Town of Halfmoon Planning Board site plan review
process in a manner generally consistent with the preliminary plan
and this local law.
(4)
During construction of the Oak Brook Commons Development
District, there shall be constructed as set forth in general conformity
with the preliminary plans, as a part of the plans and specifications
to be approved by the Planning Board of the Town of Halfmoon, parking
areas and access drives providing sufficient parking and access for
all buildings per Town specifications.
(5)
All terms and conditions of the original planned development
district insofar as they are not incorporated herein are hereby ratified
and confirmed.
F.
Letter of credit.
(1)
The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney to guarantee
the following:
(a)
Return of the site to its original condition
after clearing and grading should this be deemed necessary by the
Planning Board;
(b)
The satisfactory completion of the utilities,
paving and other infrastructure for the project;
(c)
The satisfactory completion and maintenance
of landscaping on the project site.
(2)
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
G.
Revocation; regulations for construction completed
at time of revocation; waiver. This amending local law shall be automatically
revoked and void and the previous statutory regulations shall apply
under the following circumstances:
(1)
Commencement of the construction of the new apartment
building has not begun within 12 months from the effective date of
this local law;
(2)
Substantial progress is not being made without undue
interruption after construction has commenced;
(3)
Completion of the proposed planned development is
not completed within one year from the start of construction.
[Added 4-2-2014 by L.L. No. 1-2014]
A.
Title. This local law shall be known and may be cited as Local Law
No. 1 of 2014, a local law amending Local Law No. 5 of 1995 of the
Town of Halfmoon entitled "Local Law Relating to Zoning for the Town
of Halfmoon," as previously amended and supplemented, providing for
the amendment to a planned development district known as "Oak Brook
Commons Planned Development District," created by Local Law No. 3
of 1991, which amended Local Law No. 1 of 1969, as amended in 1986,
1990, 2004, and 2006.
B.
Establishment of district. Local Law No. 5 of 1995 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 previously amended,
be and the same hereby are amended to be known and described as "Oak
Brook Commons Planned Development District."
C.
Boundaries. The area of said Oak Brook Commons Planned Development
District shall hereby be extended to include Tax Map Parcels 266.-1-15.122
(rear Route 9 property) and 266.-1-13.2 (rear Route 9 property).
D.
Development. In addition to the uses permitted under the original
planned development district and the previous amendments thereto,
there shall be constructed two new four-unit apartment buildings along
with one new seven-bay detached garage. A new parking lot shall also
be constructed that will have 10 spaces. This lot shall be utilized
for the office building which is proposed to be constructed in the
Town of Clifton Park. The total number of units shall increase to
152. Attached hereto and made a part hereof is the map dated May 9,
2014, with revisions dated May 27, 2014, which details the modifications
as approved by the Town Board of the Town of Halfmoon. Other than
this amendment, no other changes, additions or deletions to the planned
development district legislation are approved. All of the terms and
conditions of the original approval will remain as set forth in the
original planned development district legislation and subsequent amendments.
(1)
Off-street parking will be provided as shown on the site plan.
All other conditions and restrictions set forth in the original approval
and the amendments shall remain in full force and effect.
(2)
Potable water shall be provided by connection to municipal water.
(3)
Wastewater disposal shall be provided by connection to municipal
sewer.
(4)
A stormwater management system, if required by the Town Engineers,
will be installed to minimize the impact of the project on adjacent
and downstream properties and shall meet applicable New York State
Department of Environmental Conservation and Town of Halfmoon standards
and shall be, at the sole option of the Town of Halfmoon, dedicated
to the Town, with appropriate title insurance, as-built maps, etc.,
as acceptable to the Town Attorney.
(5)
Existing vegetation shall be maintained to the maximum extent
possible to fully buffer views into the site from adjacent land uses.
E.
The Town Board of the Town of Halfmoon hereby finds that the proposed
action will not have a significant impact based upon a review of the
environmental assessment form (EAF), the comments of the public, the
engineering reviews and the input from the Planning Board of the Town
of Halfmoon and hereby adopts a negative declaration for SEQRA purposes.
F.
Construction regulations:
(1)
Before construction of the amended Oak Brook Commons Planned
Development District is started or any building permit is issued relative
thereto, final site plans and specifications, sufficient for the site
plan review and engineering analysis, shall be submitted to and approved
by the Planning Board of the Town of Halfmoon and filed with the Town
Clerk of the Town of Halfmoon, and said approval is a condition precedent
to any construction. Further or additional buildings or facilities
shall require approval of the Planning Board in the same manner as
the initial site plan provisions.
(2)
All improvements shall be designed and constructed pursuant
to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
(3)
The exact location, parking areas, green space, sidewalks, interim
roads and other related matters may be changed, altered or amended
during the Town of Halfmoon Planning Board site plan review process
in a manner generally consistent with the preliminary plan and this
local law.
(4)
During construction of the Oak Brook Commons Development District,
there shall be constructed as set forth in general conformity with
the preliminary plans, as a part of the plans and specifications to
be approved by the Planning Board of the Town of Halfmoon, parking
areas and access drives providing sufficient parking and access for
all buildings per Town specifications.
(5)
All terms and conditions of the original planned development
district insofar as they are not incorporated herein are hereby ratified
and confirmed.
G.
Letter of credit:
(1)
The developer shall file bonds or letters of credit in the amounts
established by the Town Planning Board and acceptable as to amount
and form to the Town Engineers and Town Attorney to guarantee the
following:
(a)
Return of the site to its original condition after clearing
and grading should this be deemed necessary by the Planning Board;
(b)
The satisfactory completion of the utilities, paving and other
infrastructure for the project;
(c)
The satisfactory completion and maintenance of landscaping on
the project site.
(2)
The bonds or letters of credit shall be filed for the period
of time to be determined by the Planning Department.
H.
Revocation; regulations for construction completed at time of revocation;
waiver. This amending local law shall be automatically revoked and
void and the previous statutory regulations shall apply under the
following circumstances:
(1)
Commencement of the construction of the new apartment building
has not begun within 12 months from the effective date of this local
law;
(2)
Substantial progress is not being made without undue interruption
after construction has commenced;
(3)
Completion of the proposed planned development is not completed
within one year from the start of construction.
