[Adopted 1-3-1995 by L.L. No. 1-1995]
This local law shall be known and may be cited as Local Law No. 1, 1995, a local law amending Local Law No. 2 of 1973, 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 "Halfmoon Club Commons 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 amended and revised November 8, 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 "Halfmoon Club Planned Development District."
The area of said Halfmoon Club 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 C.T. Male Associates, dated December 2, 1994.
[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 Club Planned Development District a total of 400 senior housing units comprised of 160 units in the adult home and 240 market-rate rental units, 20% of which will be set aside for moderate-income users, with ancillary structures, facilities, roads or streets as follows: a community building, swimming pool, tennis courts, basketball court, volleyball area and walking trails.
A. 
Off-street parking will be provided.
B. 
Privately owned and maintained access roads, as shown on the preliminary map on file with the Town Clerk, shall be constructed through the Bishop Hubbard Senior Center from New York State Route 238 and Maxwell Road. Permits shall be obtained from the New York State Department of Transportation providing for access to New York State Route 236 and U.S. Route 9. Connection to Katherine Drive will be completed and dedicated to the Town, as shown on the preliminary plan. An emergency access road shall be created to connect to Road "D" in the Development Map at a point as directed by the Town Highway Superintendent.
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. Connection will be made to loop into Katherine Drive with a ten-inch main as directed at a connection point to be designated by the Town of Halfmoon Water Superintendent.
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. 
Any required Army Corps of Engineers permits must be obtained from the U.S. Army Corps and utility, which permits must be obtained if necessary 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 and receive New York State DOT approval and to collect drainage behind the Bishop Hubbard Center and Katherine Drive and direct that stormwater into the Halfmoon Club Stormwater Management System.
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 Route 238 and U.S. Route 9.
A. 
Before construction of the Halfmoon Club 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, modified 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 Club 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 providing sufficient parking and access for all buildings.
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 satisfactory to the Town Attorney with appropriate title insurance and as-builts as acceptable to the Town Attorney.
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.
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 and the historic background of Halfmoon will be characterized in the sizeage and logos.
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, water lines, sewer lines and other infrastructure for the project;
(3) 
The satisfactory completion and maintenance of landscaping and stormwater management 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 Halfmoon Club 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 attachments 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 Club 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 construction is not achieved within two years of the date of this regulation.
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; 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 any one or all of said requirements by resolution, without first conducting a public hearing thereon.
DESCRIPTION
PROPOSED PLANNED DEVELOPMENT DISTRICT
PARCEL A AND PARCEL B
AREA = 44.28+/- ACRES
All that certain tract, piece or parcel of land situate in the Town of Halfmoon, County of Saratoga, State of New York lying generally Northwesterly of New York State Route No. 236 and Northeasterly of New York State Route No. 9 and being more particularly bounded and described as follows:
BEGINNING at the point of intersection of the division line between the lands now or formerly of John A. Wojtowicz and Wallace Wojtowicz as described in Book 1138 of Deeds at Page 74 on the West and lands now or formerly of Joseph Lance Stanczak as described in Book 1279 of Deeds at Page 642 on the East with the division line between the lands of said Wojtowicz on the Northeast and lands now or formerly of Halfmoon Housing Development Fund Company, Inc. as described in Book 1067 of Deeds at Page 68 on the Southwest with the Northwesterly highway boundary of New York State Route No. 236;
Thence along said division line North 88 deg. 04 min. 53 sec. West 419.58 feet to its point of intersection with the common division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the East and lands now or formerly of Stanley E. and Jean M. Len as described in Book 1118 of Deeds at Page 85 and Book 1118 of Deeds at Page 87 and lands now or formerly of Lawrence H. Long as described in Book 1002 of Deeds at Page 739 on the West; thence along said common division line North 07 deg. 58 min. 33 sec. West 220.00 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the North and lands of said Len on the South; thence continuing along said division line and across the Northerly terminus of Katherine Drive South 82 deg. 01 min. 27 sec. West 260.00 feet to the Northwesterly terminus of Katherine Drive;
Thence along the Westerly margin of Katherine Drive South 07 deg. 58 min. 33 sec. East 3.49 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the North and lands now or formerly of Stanley E. and Jean M. Len as described in Book 1118 of Deeds at Page 83 on the South;
Thence along said division line South 82 deg. 01 min. 27 sec. West 195.84 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the East and lands now or formerly of Timothy and Kathy L. Kelleher as described in Book 1080 of Deeds at Page 106 on the West;
Thence along said division line North 07 deg. 02 min. 06 sec. West 16.14 feet to its point of intersection with the division line between the lands now or formerly of John Wojtowicz, Inc. as described in Book 973 of Deeds at Page 671 on the North and lands of said Kelleher on the South; thence along said division line South 80 deg. 31 min. 48 sec. West 188.09 feet to the Southeasterly terminus of Maxwell Road; thence along the Easterly terminus of Maxwell Road North 09 deg. 28 min. 12 sec. West 50.00 feet to the Northeasterly terminus of Maxwell Road; thence along the Northerly margin of Maxwell Road South 80 deg. 31 min. 48 sec. West 59.84 feet to a point; thence through the lands of said John Wojtowicz, Inc. the following three courses:
1) North 41 deg. 11 min. 08 sec. West 204.25 feet to a point; 2) South 48 deg. 48 min. 52 sec. West 157.74 feet to a point; and 3) South 41 deg. 11 min. 08 sec. East 34.16 feet to its point of intersection with the common division line between the lands of said John Wojtowicz, Inc. on the Northwest and lands now or formerly of John A. and Wallace J. Wojtowicz as described in Book 1110 of Deeds at Page 18 and lands now or formerly of Kenneth P. and Joan T. Bartlett as described in Book 1003 of Deeds at Page 262 on the Southeast; thence along said common division line South 51 deg. 38 min. 52 sec. West 215.22 feet to a point; thence through the lands of said John Wojtowicz, Inc. the following three (3) courses:
1) North 41 deg. 11 min. 08 sec. West 55.02 feet to a point; 2) North 06 deg. 48 min. 04 sec. East 174.60 feet to a point; and 3) South 83 deg. 21 min. 10 sec. West 231.34 feet to a point on the common division line between lands of said John Wojtowicz, Inc. on the East and lands now or formerly of James Scolomiero and John Ciccarelli as described in Book 915 of Deeds at Page 589, lands now or formerly of William A. and M. Eileen Christopher as described in Book 838 of Deeds at Page 122, and lands now or formerly of the Clifton Park-Halfmoon Emergency Corps., Inc. as described in Book 696 of Deeds at Page 472 on the West; thence along said common division line North 06 deg. 48 min. 04 sec. East 215.00 feet to its point of intersection with the division line between the lands of said John Wojtowicz, Inc. on the North and lands of said Clifton Park-Halfmoon Emergency Corps., Inc. on the South; thence along said division line South 89 deg. 19 min. 16 sec. West 234.81 feet to a point on the Easterly margin of Plant Road;
Thence along said Easterly margin North 07 deg. 18 min. 31 sec. West 325.46 feet to its point of intersection with the division line between the lands of said John Wojtowicz, Inc. on the South and other lands now or formerly of John Wojtowicz, Inc. as described in Book 1002 of Deeds at Page 683 on the North; thence along said division line North 83 deg. 35 min. 15 sec. East 367.69 feet to its point of intersection with the division line between the lands of said John Wojtowicz, Inc. as described in Book 973 of Deeds at Page 671 on the South and lands now or formerly of Elie and Parmelia Cardin as described in Book 383 of Deeds at Page 437 on the North;
Thence along said division line North 83 deg. 13 min. 34 sec. East 687.40 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz as described in Book 1138 of Deeds at Page 74 on the South and lands of said Cardin on the North; thence along said division line the following three courses: thence from said point of beginning along said Northwesterly highway boundary South 27 deg. 52 min. 54 sec. West 60.00 feet to a point; thence through the lands of said Halfmoon Housing Development Fund Company, Inc. the following two courses:
1) North 62 deg. 17 min. 53 sec. West 31.86 feet to a point of curvature; and 2) Northwesterly along a curve to the right having a radius of 460.00 feet, an arc length of 356.08 feet and a chord bearing of North 40 deg. 07 min. 20 sec. West 347.26 feet to a point on the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the North and lands of said Halfmoon Housing Development Fund Company, Inc. on the South; thence from said point of beginning along said Northwesterly highway boundary South 27 deg. 52 min. 54 sec. West 60.00 feet to a point;
Thence through the lands of said Halfmoon Housing Development Fund Company, Inc. the following two courses: 1) North 62 deg. 17 min. 53 sec. West 31.86 feet to a point of curvature; and 2) Northwesterly along a curve to the right having a radius of 460.00 feet, an arc length of 356.08 feet and a chord bearing of North 40 deg. 07 min. 20 sec. West 347.26 feet to a point on the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the North and lands of said Halfmoon Housing Development Fund Company, Inc. on the South;
1) North 83 deg. 10 min. 38 sec. East 365.15 feet to a point; 2) North 80 deg. 40 4min. 33 sec. East 548.01 feet to a point; and 3) North 80 deg. 05 min. 37 sec. East 198.16 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the South and lands now or formerly of George Krupanski, Sr. and Lubow Krupanski as described in Book 686 of Deeds at Page 165 on the North; thence along said division line South 75 deg. 19 min. 51 sec. East 286.00 feet to its point of intersection with the division line between lands of said John A. Wojtowicz and Wallace Wojtowicz on the West and lands now or formerly of A. Vidya Rao and B. Kumuda Reddy as described in Book 1312 of Deeds at Page 10 on the East;
Thence along said division line South 07 deg. 38 min. 20 sec. East 325.44 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the West and lands now or formerly of Joseph P. and Sharon L. Parker as described in Book 1317 of Deeds at Page 378 on the East; thence along said division line South 08 deg. 34 min. 35 sec. East 126.86 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the West and lands now or formerly of Harold P. Palmateer as described in Book 1301 of Deeds at Page 519 on the East;
Thence along said division line South 07 deg. 51 min. 13 sec. East 105.45 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the West and lands now or formerly of Warren Binkowski as described in Book 1223 of Deeds at Page 186 on the East; thence along said division line South 07 deg. 53 min. 21 sec. East 212.97 feet to its point of intersection with the division line between the lands of said John A. Wojtowicz and Wallace Wojtowicz on the North and lands now or formerly of Joseph Lance Stanczak as described in Book 1279 of Deeds at Page 642 on the South; thence along said division line South 80 deg. 11 min. 54 sec. West 264.39 feet to its point of intersection with the above first mentioned division line; thence along said above first mentioned division line South 08 deg. 10 min. 05 sec. East 441.22 feet to the point or place of beginning, containing 44.221 acres of land.
Subject to any easements, restrictions or covenants of record.
[Added 4-16-1996 by L.L. No. 2-1996]
A. 
Title. This local law shall be known and may be cited as Local Law No. 2 of 1996, 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," and Local Law No. 1 of 1995, providing for the creation of a planned development district known as "Halfmoon Club Commons Planned Development District," creating a PDD to be known as the "Halfmoon Club PDD" (aka: "Landings at Halfmoon").
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 set forth and enacted in Local Law No. 5 of 1995, be and the same are hereby amended as hereinafter described, creating within the boundaries of said Town a newly amended and described planned development district to be known as "The Landings at Halfmoon" herein.
C. 
Boundaries. The area of said Halfmoon Club 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 C.T. Male Associates, dated March 15, 1996.[1]
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
D. 
Development. There shall be developed within the area of said Halfmoon Club Planned Development District a total of 400 senior housing units comprised of 160 units in the adult home and 240 market-rate rental units, 20% of which will be set aside for moderate-income users, with ancillary structures, facilities, roads or streets as follows: a community building, swimming pool, tennis courts, basketball court, volleyball area and walking trails.
(1) 
Off-street parking will be provided.
(2) 
Privately owned and maintained access roads, as shown on the preliminary map on file with the Town Clerk, shall be constructed together with access on a Town road through the Bishop Hubbard Senior Center from New York State Route 238 and also from Maxwell Road. Permits shall be obtained from the New York State Department of Transportation providing for access to New York State Route 236 and U.S. Route 9. Connection to Katherine Drive will be completed and dedicated to the Town, as shown on the preliminary plan. An emergency access road shall be created to connect to Road "D" in the Development Map at a point as directed by the Town Highway Superintendent.
(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 from the Town of Halfmoon and the New York State Department. Connection will be made to loop into Katherine Drive with a ten-inch main as directed at a connection point to be designated by the Town of Halfmoon Water Superintendent.
(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) 
Any required Army Corps of Engineers permits must be obtained from the U.S. Army Corps and utility, which permits must be obtained if necessary prior to commencement of construction of the improvements.
(6) 
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 receive New York State DOT approval and to collect drainage behind the Bishop Hubbard Center and Katherine Drive and direct that stormwater into the Halfmoon Club Stormwater Management System.
(7) 
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 Route 238 and U.S. Route 9.
E. 
Construction regulations.
(1) 
Before construction of the Halfmoon Club 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.
(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 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, modified 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 Halfmoon Club 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, 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 satisfactory to the Town Attorney with appropriate title insurance and as-builts as acceptable to the Town Attorney.
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; 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.
J. 
Signs. All signs within the district shall comply with the requirements established by the Planning Board during site plan review and the historic background of Halfmoon will be characterized in the sizeage and logos.
K. 
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 roads, water lines, sewer lines and other infrastructure for the project;
(c) 
The satisfactory completion and maintenance of landscaping and stormwater management 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.
L. 
Zoning Map. The said Local Law No. 5 of 1995 and Zoning Map, the local law relating to zoning of the Town of Halfmoon, is hereby amended by providing that Halfmoon Club 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.[2]
[2]
Editor's Note: PDD maps and plans are on file in the Town's offices.
M. 
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 Halfmoon Club 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 construction is not achieved within two years of the date of this regulation.
(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; 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 any one or all of said requirements by resolution, without first conducting a public hearing thereon.
[Added 10-1-1996 by L.L. No. 6-1996]
A. 
Title. This local law shall be known and may be cited as Local Law No. 2 of 1996, a local law amending Local Law No. 1 of 1995 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 known as "Halfmoon Club Commons Planned Development District," creating a PDD to be known as the "Halfmoon Club PDD" (aka: "Landings at Halfmoon").
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 set forth and enacted in Local Law No. 5 of 1995, be and the same are hereby amended as hereinafter described, creating within the boundaries of said Town a newly amended and described planned development district to be known as "The Landings at Halfmoon" herein.
C. 
Boundaries. The area of said "Halfmoon Club 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 C.T. Male Associates, dated March 15, 1996.[1]
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
D. 
Development. There shall be developed within the area of said Halfmoon Club Planned Development District a total of 400 senior housing and family housing units comprised of 160 senior housing units in the adult home and 240 market-rate rental units, 20% of which will be set aside at below market rents, with ancillary structures, facilities, roads or streets as follows: a community building, swimming pool, tennis courts, basketball court, volleyball area and walking trails.
(1) 
Off-street parking will be provided.
(2) 
Privately owned and maintained access roads, as shown on the preliminary map on file with the Town Clerk, shall be constructed together with access on a Town road through the Bishop Hubbard Senior Center from New York State Route 238 and also from Maxwell Road. Permits shall be obtained from the New York State Department of Transportation providing for access to New York State Route 236 and U.S. Route 9. Connection to Katherine Drive will be completed and dedicated to the Town, as shown on the preliminary plan. An emergency access road shall be created to connect to Road "D" in the Development Map at a point as directed by the Town Highway Superintendent.
(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 from the Town of Halfmoon and the New York State Department. Connection will be made to loop into Katherine Drive with a ten-inch main as directed at a connection point to be designated by the Town of Halfmoon Water Superintendent.
(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) 
Any required Army Corps of Engineers permits must be obtained from the U.S. Army Corps and utility, which permits must be obtained if necessary prior to commencement of construction of the improvements.
(6) 
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 receive New York State DOT approval and to collect drainage behind the Bishop Hubbard Center and Katherine Drive and direct that stormwater into the Halfmoon Club Stormwater Management System.
(7) 
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 Route 238 and U.S. Route 9.
E. 
Construction regulations.
(1) 
Before construction of the Halfmoon Club 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.
(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 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, modified 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 Halfmoon Club 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 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 satisfactory to the Town Attorney with appropriate title insurance and as-builts as acceptable to the Town Attorney.
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; 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.
J. 
Signs. All signs within the district shall comply with the requirements established by the Planning Board during site plan review and the historic background of Halfmoon will be characterized in the sizeage and logos.
K. 
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 roads, water lines, sewer lines and other infrastructure for the project;
(c) 
The satisfactory completion and maintenance of landscaping and stormwater management 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.
L. 
Zoning Map. The said Local Law No. 5 of 1995 and Zoning Map is hereby amended by providing that Halfmoon Club 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.[2]
[2]
Editor's Note: PDD maps and plans are on file in the Town's offices.
M. 
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 Halfmoon Club 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 construction is not achieved within two years of the date of this Regulation.
(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; 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 any one or all of said requirements by resolution, without first conducting a public hearing thereon.
[Added 8-7-2001 by L.L. No. 2-2001]
A. 
Title. This local law shall be known and may be cited as Local Law No. 2 of 2001, 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," providing for the creation of a planned development district known as "Halfmoon Club Commons Planned Development District," creating a PDD to be known as the "Halfmoon Club PDD" (aka: "Landings at Halfmoon").
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 set forth and enacted in Local Law No. 5 of 1995, be and the same are hereby amended as hereinafter described, creating within the boundaries of said Town a newly amended and described planned development district to be known as "The Landings at Halfmoon" herein.
C. 
Boundaries. The area of said "Halfmoon Club 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 C.T. Male Associates, dated March 15, 1996.[1]
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
D. 
Section 4 of the planned development district legislation shall be amended to provide that in lieu and place of the one-hundred-sixty-unit adult home that was planned in the original legislation there shall be developed on the property a thirty-two-unit senior apartment complex on a subdivided lot which has been approved by the Planning Board, with a two-story wood frame and vinyl structure as shown on the subdivision site plan approved by the Planning Board entitled "Subdivision of Portion of Lands Now or Formerly of John Wotowich" made by ABD Engineers & Surveyors, dated March 1, 2001, last revised April 27, 2001. The thirty-two-unit senior housing complex will be on a 2.15 acre parcel along Marina Drive in the subject PDD with adjacent parking and ancillary structures and parking lots as shown on the proposed subdivision site plan.
E. 
Before construction of the senior housing unit 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 for their review and approval, which review and approval is a condition precedent of any construction and shall be filed with the Town Clerk of the Town of Halfmoon.
F. 
All of the other rules, regulations and stipulations pertaining to the planned development district and the construction within the planned development district as contained in Local Law No. 1 of 1995 shall remain in full force and effect.
G. 
Local Law No. 5 of 1995 is further amended and Section 13 is amended to provide for the extension of the said planned development district legislation subject to the same terms and conditions of the original Section 13 for an additional two-year period.