[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.
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.
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.