[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.
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.
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.
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.
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.
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.
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.
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.