[Adopted 6-16-1992 by L.L. No. 4-1992]
This local law shall be known and may be cited as Local Law No. 4 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 "Halfmoon Court Apartments Planned Development District."
Local Law No. 2 of 1973 of the Town of Halfmoon, entitled "Local Law Relating to Zoning for the Town of Halfmoon," and the Zoning Map of the Town of Halfmoon, as set forth 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 the same hereby are further amended by modifying the provisions applicable to the residential planned development district known and described as "Halfmoon Court Apartments Planned Development District," which was created by said Local Law No. 4 of 1990.
The area of said Halfmoon Court Apartments 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 26, 1992.[1]
[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 Halfmoon Court Apartments Planned Development District a total of 44 apartment units, within 4.34 acres, with ancillary structures, facilities, roads or streets as follows:
A. 
Private 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 Cemetery 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, Cemetery Road and New York State and U.S. Route 9 and Route 146.
A. 
Before construction of the Halfmoon Court Apartments 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 Halfmoon Court Apartments 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 Halfmoon Court Apartments 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 26, 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 Benchmark Surveying Services, dated March 26, 1992.[1]
[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:
(1) 
Commencement of the construction of Halfmoon Court Apartments 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 resolutions, without first conducting a public hearing thereon.