[Adopted 8-18-1998 by L.L. No. 4-1998]
This local law shall be known and may be cited
as Local Law No. 4 of 1998, 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," as previously amended and supplemented,
providing for the creation of a planned development district known
as "Hayner Planned Development 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 previously amended,
be and the same hereby are amended by this planned development district
known and described as "Hayner Planned Development District," known
and described as Local Law 4 of 1998.
The area of said Hayner 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 ABD Engineers & Surveyors, dated May
1998, revised August 11, 1998, entitled "Proposed Recreational PDD
Lands of Norman Hayner."
There shall be developed within the area of
said Hayner Planned Development District, recreation areas and structures
within 17 acres, a 20,000+/- square foot indoor baseball and sports
training facility in Phase I, sports fields and facilities, with ancillary
structures, facilities, roads or streets and utilities as follows:
A. Off-street parking will be provided as shown on the
site plan.
B. Privately owned and maintained access roads, as shown
on the site plan on file with the Town Clerk, shall be constructed
from New York State Route 236.
C. Potable water for the district shall be provided by
an on-site well with connection to municipal water as soon as available.
D. Wastewater disposal will be provided by on-site septic
with connection to municipal sewer as soon as available.
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, and buffers shall be constructed from adjacent uses as
shown on the site plan and at least 100 feet of which shall be no-cut.
A. Before construction of the Hayner 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. Further or additional buildings or facilities
shall require approval of the Planning Board in the same manner as
the initial site plan provisions.
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,
recreation facilities, 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 Hayner 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.
If installed in the future when municipal water
is available. 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.
If installed in the future when municipal water
is available. 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.
If installed in the future when municipal sewer
service is available. 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 together with
title insurance and documents as required by the Town.
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 together with title
insurance and documents as required by the Town.
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, for the development area.
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.
Local Law No. 5 of 1995 is hereby amended by
providing that Hayner Planned Development District be set forth on
a supplementary map which is hereby made a part of this local law
as Exhibit B, dated August 11, 1998; the property set forth on such
map is the same real property described in the description annexed
hereto and marked Exhibit A, said map having been made by ABD Engineers
& Surveyors, dated May 1998, revised August 11, 1998, entitled
"Proposed Recreational PDD Lands of Norman Hayner."
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 amended Hayner
Development Planned Development District has not begun within 12 months
from the effective date of this local law;
(2) Substantial progress is not being made without undue
interruption after construction has commenced;
(3) Completion of the proposed planned development is
not completed within three years from the start of construction.
B. As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of this amendment, and as to said area and buildings, this
amending local law shall continue in full force and effect, and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
C. For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolution, without first conducting a public
hearing thereon and extend the time for completion or construction
of additional facilities.
[Added 9-4-2007 by L.L. No. 5-2007]
A. Title. This local law shall be known and may be cited
as Local Law No. 5 of 2007, amending Local Law No. 4 of 1998, 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," as previously
amended and supplemented by Local Law No. 4 of 1998, providing for
the creation of a planned development district known as "Hayner Planned
Development District."
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 previously amended, be and the same hereby are amended by this
amendment to the planned development district known and described
as Hayner Planned Development District in Local Law No. 4 of 1998.
C. Boundaries. The area of said Hayner Planned Development
District as bounded and described as sent forth in Exhibit A attached
to Local Law No. 4 of 1998 and made a part thereof and as shown on
a certain site plan map thereof, prepared by ABD Engineers & Surveyors,
dated May 1998, revised August 11, 1999, entitled "Proposed Recreational
PDD Lands of Norman Hayner," is hereby amended to remove a portion
of land being 10+/- acres as shown on a subdivision map made by Gilbert
VanGuilder, dated April 18, 2007, and filed in the Saratoga County
Clerk's office on August 24, 2007 as Map No. H418. The said parcel
being removed is being conveyed to the Town of Halfmoon for park and
recreation purposes and shall not be deemed a part of or contained
within the area of Local Law No. 4 of 1998.
D. Zoning Map. Local Law No. 5 of 1995 is hereby amended
by providing that the previously approved Hayner Planned Development
District Local Law No. 4 of 1998 be modified and reduced by removing
therefrom the 10+/- acres of land set forth on said map made by Gilbert
VanGuilder, dated April 18, 2007, and filed in the Saratoga County
Clerk's office on August 24, 2007 as Map No. H418, said 10+/- acres
to be conveyed to the Town of Halfmoon for recreation purposes.
E. Prior local law. The prior Local Law No. 4 of 1998,
insofar as it is not amended hereby, remains in full force and effect.