[Adopted 6-21-1994 by L.L. No. 5-1994]
This local law shall be known and may be cited
as Local Law No. 5 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,
providing for the creation of a planned development district known
as "LaValley 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. 8 of 1990, be and the same hereby are
amended by creating the LaValley Planned Development District.
The area of said LaValley 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 Van Santvoord & Associates, dated July
10, 1993, entitled "Preliminary Development Plan Lands of: Maurice
LaValley."
There shall be developed within the area of
said LaValley Planned Development District a total of 28 rental units,
within 10.16 acres, consisting of four trailers, 24 apartments and
applicant's three-bedroom residence 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. Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Vischers Ferry Road and Firehouse Road.
C. 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.
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 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.
F. Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, Vischers Ferry Road and Firehouse Road.
A. Before construction of LaValley 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.
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, 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.
D. During construction of the LaValley 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.
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.
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.
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.
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.
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.
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.
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, 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 LaValley
Planned Development District be set forth on a supplementary map which
is hereby made a part of this local law as Exhibit B, dated June 8,
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 Van Santvoord & Associates dated July 10, 1993.
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 LaValley 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 as 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.