[Adopted 6-16-1992 by L.L. No. 3-1992]
This local law shall be known and may be cited
as Local Law No. 3 of 1992, a 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," as previously amended and supplemented
by the local laws and an ordinance relating to zoning of the Town
of Halfmoon adopted October 7, 1986, and Local Law No. 4 of 1990,
providing for the creation of a planned development district to be
known as "Pine Ridge 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, as previously amended and supplemented
by the Zoning Ordinance of the Town of Halfmoon adopted on October
7, 1986, and by Local Law No. 4 of 1990, be and adopted on October
7, 1986, and by Local Law No. 4 of 1990, be and the same hereby are
further amended by modifying the provisions applicable to the residential
planned development district known and described as "Pine Ridge Planned
Development District," which was created by said Local Law No. 4 of
1990.
The area of said Pine Ridge 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 Charles L. Lino, P.E., dated March 27, 1992.
There shall be developed within the area of
said Pine Ridge Planned Development District a total of 24 apartment
units, within 5.6 acres, 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. A privately owned and maintained access road, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Sitterly Road.
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 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.
F. Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, Sitterly Road and New York State and U.S. Route 9.
A. Before construction of the Pine Ridge 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 Pine Ridge Planned 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 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 utilities, paving
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. 1 of 1968,
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 Pine
Ridge Planned Development District be set forth on a supplementary
map which is hereby made a part of this local law as Exhibit B, dated
March 27, 1992; the property set forth on such map is the same real
property described in the description annexed hereto and marked Exhibit
A, made by Charles L. Lino, P.E., dated March 27, 1992.
A. 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 Pine Ridge Planned
Development District 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 three years from the start of construction.
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 7-6-1993 by L.L. No. 1-1993]
A. Title. This local law shall be known and may be cited
as Local Law No. 1 of 1993, a 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," as previously amended and supplemented
by the local laws and an ordinance relating to zoning of the Town
of Halfmoon adopted October 7, 1986, and Local Law No. 4 of 1990,
and further amending Local Law No. 3 of 1992 providing for the creation
of a planned development district known as "Pine Ridge Planned Development
District."
B. Establishment of 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, as previously
amended and supplemented by the Zoning Ordinance of the Town of Halfmoon
adopted on October 7, 1986, and by Local Law No. 4 of 1990 and Local
Law No. 3 of 1993, be and the same hereby are further amended by modifying
the provisions applicable to the residential planned development district
known and described as "Pine Ridge Planned Development District,"
which was created by said Local Law No. 3 of 1992.
C. Boundaries. The area of said Pine Ridge 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 Don Gabriel, P.E., dated June 9, 1993, entitled "Pine
Ridge Development Phase II."
D. Development. There shall be developed within the area
of said Pine Ridge Planned Development District a total of 168 apartment
units, within 24.4 acres, with ancillary structures, facilities, roads
or streets as follows:
(1) Off-street parking will be provided with a minimum
of two spaces per unit.
(2) Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Sitterly Road.
(3) 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 by the applicant
from the Town of Halfmoon and the New York State Department of Health.
(4) 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.
(5) 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 and shall be, at the sole
option of the Town of Halfmoon, dedicated to the Town.
(6) Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, Sitterly Road and New York State and U.S. Route 9.
(7) If required by the Town Board, the knoll or lump in
Sitterly Road will be removed and the area restored and paved in accordance
with the Town of Halfmoon Specifications, Rules and Regulations and
Road Profile.
E. Construction regulations.
(1) Before construction of the Pine Ridge 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 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, if required, is a condition
precedent to construction.
(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 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.
(4) During construction of the Pine Ridge Planned 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.
F. Water distribution facilities; dedication. 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.
G. Water distribution facilities; easements. 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.
H. Sewage facilities; dedication. 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.
I. Stormwater management facilities; dedication. 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.
J. Stormwater management facilities; easements. 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.
K. Stormwater retention/detention tax district. In the
event the Town of Halfmoon chooses to create a stormwater retention
or detention tax district or stormwater management tax district or
the equivalent, it is the intent that the stormwater management areas
created as a part of this planned development district will be dedicated
to and become a part of that tax district to be serviced and paid
for pursuant to the legislation adopted therefor.
L. Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review.
M. 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.
N. Zoning Map. Section 402 of the said Local Law No.
1 of 1968, 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 Pine Ridge Planned Development District be set forth on a supplementary
map, which is hereby made a part of this local law as Exhibit B, dated
March 27, 1992; the property set forth on such map is the same real
property described in the description annexed hereto and marked Exhibit
A, made by Don Gabriel, PE, dated June 9, 1993.
O. 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 Pine Ridge
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 three years 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 areas 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.
P. 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 6-21-1994 by L.L. No. 2-1994]
A. Title. This local law shall be known and may be cited
as Local Law No. 2 of 1994, a 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," as previously amended and supplemented
by the local laws and an ordinance relating to zoning of the Town
of Halfmoon adopted October 7, 1986, and Local Law No. 8 of 1990,
and further amending Local Law No. 3 of 1992, providing for the creating
of a planned development district known as "Pine Ridge Planned Development
District."
B. Establishment of 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, as previously
amended and supplemented by the Zoning Ordinance of the Town of Halfmoon
adopted on October 7, 1986, and by Local Law No. 8 of 1990 and Local
Law No. 3 of 1992, be and the same hereby are amended by modifying
the provisions applicable to the residential planned development district
known and described as "Pine Ridge Planned Development District" which
was created by said Local Law No. 3 of 1992.
C. Boundaries. The area of said Pine Ridge 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 Don Gabriel, P.E., dated March 7, 1994, entitled "Pine
Ridge Development: Addition to Phase I."
D. Development. There shall be developed within the area
of said Pine Ridge Planned Development District a total of an addition
of 16 units to the existing 24 units for a total of 40 units, within
plus or minus 24 acres, with ancillary structures, facilities, roads
or streets as follows:
(1) Off-street parking will be provided with a minimum
of two spaces per unit.
(2) Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Sitterly Road.
(3) Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 6, at the
applicant's sole cost. Approval of the water distribution system shall
be obtained by the applicant from the Town of Halfmoon and the New
York State Department of Health.
(4) 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.
(5) 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 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.
(6) Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, Sitterly Road.
(7) If required by the Town Board, the knoll or lump in
Sitterly Road will be removed and the area restored and paved in accordance
with the Town of Halfmoon Specifications, Rules and Regulations and
Road Profiles.
E. Construction regulations.
(1) Before construction of the amended Pine Ridge 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.
(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,
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 Pine Ridge Planned 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.
F. Water distribution facilities; dedication. 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 lie outside the limits of dedicated roadways shall be offered
to the Town of Halfmoon with delivery to the Town of Halfmoon of duly
executed deeds, title insurance, easements and bills of sale, as appropriate,
at no cost to the Town of Halfmoon, with title insurance and documents
as required by the Town Attorney.
G. Water distribution facilities; easements. 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, with appropriate title insurance and documents satisfactory
to the Town Attorney together with title insurance and documents as
required by the Town Attorney.
H. Sewage facilities; dedication. Upon satisfactory completion
and connection in accordance with the requirements of the appropriate
state agencies, Saratoga County Sewer District, 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.
I. Stormwater management facilities; dedication. 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 together with title insurance
and documents as required by the Town.
J. Stormwater management facilities; easements. 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, together with title insurance and documents as required by the
Town.
K. Stormwater retention/detention tax district. In the
event the Town of Halfmoon chooses to create a stormwater retention
or detention tax district or stormwater management tax district or
the equivalent, it is the intent that the stormwater management areas
created as a part of this planned development district will be dedicated
to and become a part of that tax district to be serviced and paid
for pursuant to the legislation adopted therefor by the development
serviced by said areas, for the development area.
L. Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review and must be approved by said Planning Board.
M. 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.
N. Zoning Map. Section 402 of the said Local Law No.
1 of 1968, 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 Pine Ridge Planned Development District be set forth on a supplementary
map, which is hereby made a part of this local law as Exhibit B, dated
August 4, 1992; the property set forth on such map is the same real
property described in the description annexed hereto and marked Exhibit
A made by Don Gabriel, P.E., dated March 7, 1994.
O. 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
Pine Ridge 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 three years 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 areas 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 resolution without first conducting a public
hearing thereon.
[Added 9-5-1995 by L.L. No. 8-1995]
A. Title. This local law shall be known and may be cited
as Local Law No. 8 of 1995, 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,
and Local Law No. 4 of 1990, and further amending Local Law No. 8
of the year 1990 and Local Law No. 2 of the year 1994, providing for
the creation of a planned development district known as "Pine Ridge
Planned Development District."
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 by Local Law No. 8 of 1990 and Local Law No.
3 of 1992 and Local Law No. 2 of 1994, be and the same hereby are
amended by modifying the provisions applicable to the residential
planned development district known and described as "Pine Ridge Planned
Development District," which was created by said Local Law No. 8 of
1990.
C. Boundaries. The area of said Pine Ridge 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 Gilt VanGuilder, P.E., dated November 11,
1994, entitled "Pine Ridge Development - Addition to Phase I."
D. Development. There shall be developed within the area
of said Pine Ridge Planned Development District a total of an addition
of 84 units to the existing 44 units for a total of 228 units, within
plus or minus 23.508 acres, with ancillary structures, facilities,
roads or streets, as follows:
(1) Off-street parking will be provided with a minimum
of two spaces per unit.
(2) Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Sitterly Road.
(3) Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 6 at the applicant's
sole cost. Approval of the water distribution system shall be obtained
by the applicant from the Town of Halfmoon and the New York State
Department of Health.
(4) 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.
(5) 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 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.
(6) Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, Sitterly Road.
(7) If required by the Town Board, the knoll or lump in
Sitterly Road will be removed and the area restored and paved in accordance
with the Town of Halfmoon Specifications, Rules and Regulations and
Road Profiles.
E. Construction regulations.
(1) Before construction of the amended Pine Ridge 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.
(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,
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 Pine Ridge Planned 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.
F. Water distribution facilities; dedication. 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 lie outside the limits of dedicated roadways shall be offered
to the Town of Halfmoon with delivery to the Town of Halfmoon of duly
executed deeds, title insurance, easements and bills of sale, as appropriate,
at no cost to the Town of Halfmoon, with title insurance and documents
as required by the Town Attorney.
G. Water distribution facilities; easements. 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 with appropriate title insurance and documents satisfactory
to the Town Attorney together with title insurance and documents as
required by the Town Attorney.
H. Sewage facilities; dedication. Upon satisfactory completion
and connection in accordance with the requirements of the appropriate
state agencies, Saratoga County Sewer District, 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.
I. Stormwater management facilities; dedication. 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 together with title
insurance and documents as required by the Town.
J. Stormwater management facilities; easements. 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 it determines, together with title insurance and documents
as required by the Town.
K. Stormwater retention/detention tax district. In the
event the Town of Halfmoon chooses to create a stormwater retention
or detention tax district or stormwater management tax district or
the equivalent, it is the intent that the stormwater management areas
created as a part of this planned development district will be dedicated
to and become a part of that tax district to be serviced and paid
for pursuant to the legislation adopted therefor by the development
serviced by said areas, for the development area.
L. Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review and must be approved by said Planning Board.
M. 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.
N. Zoning Map. Local Law No. 5 of 1995 is hereby amended
by providing that Pine Ridge Planned Development District be set forth
on a supplementary map which is hereby made a part of this local law
as Exhibit B, dated November 11, 1994, the property set forth on such
map is the same real property described in the description annexed
hereto and marked Exhibit A made by Gilt VanGuilder, P.E., dated November
11, 1994.
O. 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
Pine Ridge 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 three years 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.
[Added 4-2-1996 by L.L. No. 1-1996]
A. 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, and amending
Local Law No. 4 of 1990 and further amending Local law No. 8 of 1995,
providing for the creation of a planned development district known
as "Pine Ridge Planned Development District."
B. Local Law No. 5 of 1995 in 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 same hereby
are amended by modifying the provisions applicable to the residential
planned development district known and described as Pine Ridge Planned
Development District, which was created by Local Law No. 4 of 1990
and Local Law No. 8 of 1995.
C. The area of the said amended Pine Ridge Planned Development
District is bound and described as set forth in Exhibit A attached
hereto and made a part hereof and as shown on a certain plan made
by Ivan Zdrahal Associates dated October 3, 1995.
D. It should be developed within the area of the said
Pine Ridge Planned Development District a total addition of a six
unit to the existing forty-unit Pine Ridge Planned Development District,
including the new six-unit building and the existing two-unit building
for a total of 48 units on 6.5 acres of land off Sitterly Road in
the Town of Halfmoon.
(1) Off-street parking will be provided with a minimum
of two spaces per unit.
(2) Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Sitterly Road.
(3) Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 6 at the applicant's
sole cost. Approval of the water distribution system shall be obtained
by the applicant from the Town of Halfmoon and the New York State
Department of Health.
(4) 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.
(5) 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 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.
(6) Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, Sitterly Road.
(7) If required by the Town Board, the knoll or lump in
Sitterly Road will be removed and the area restored and paved in accordance
with the Town of Halfmoon Specifications, Rules and Regulations and
Road Profiles.
E. Construction regulations.
(1) Before construction of the amended Pine Ridge 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.
(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,
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 Pine Ridge Planned 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.
F. Water distribution facilities; dedication. 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 lie outside the limits of dedicated roadways shall be offered
to the Town of Halfmoon with delivery to the Town of Halfmoon of duly
executed deeds, title insurance, easements and bills of sale, as appropriate,
at no cost to the Town of Halfmoon, with title insurance and documents
as required by the Town Attorney.
G. Water distribution facilities; easements. 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 with appropriate title insurance and documents satisfactory
to the Town Attorney together with title insurance and documents as
required by the Town Attorney.
H. Sewage facilities; dedication. Upon satisfactory completion
and connection in accordance with the requirements of the appropriate
state agencies, Saratoga County Sewer District, 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.
I. Stormwater management facilities; dedication. 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 together with title insurance
and documents as required by the Town.
J. Stormwater management facilities; easements. 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 it determines together with title insurance and documents
as required by the Town.
K. Stormwater retention/detention tax district. In the
event the Town of Halfmoon chooses to create a stormwater retention
or detention tax district or stormwater management tax district or
the equivalent, it is the intent that the stormwater management areas
created as a part of this planned development district will be dedicated
to and become a part of that tax district to be serviced and paid
for pursuant to the legislation adopted therefor by the development
serviced by said areas, for the development area.