[Adopted 4-20-1999 by L.L. No. 2-1999]
This local law shall be known and may be cited
as Local Law No. 2 of 1999, 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 "Craig and Carolyn 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 "Craig and Carolyn Hayner Planned Development
District," known and described as Local Law 2 of 1999.
The area of said Craig and Carolyn 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 Harold Berger, P.E., dated March
1999, entitled "Proposed Layout Plan - The Hayner Planned Development
District."
There shall be developed within the area of
said Craig and Carolyn Hayner Planned Development District, within
the total 0.16 acre plot, an enlargement of and additions to the existing
farm stand to enlarge the facilities to a total of 1,104 square feet;
add kitchen facilities, bathrooms; offer for sale and supply ice cream
with other foods and crafts; inside and outside tables and chairs;
and add a porch over the front entrance; extend the current porch
and add 7,500 square feet to the parking area.
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, if required by the
Town Engineers, 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.
G. A twenty-square-foot-by-forty-square-foot
pavilion shall be constructed in the property described herein as
the Craig and Carolyn Hayner Planned Development District. Various
events including but not limited to farmers markets, car shows, fall
and spring festivals, and in conjunction with the current approved
uses. Banked parking shall be utilized if parking in the current lot
is not sufficient for the expanded use.
[Added 4-6-2022 by L.L. No. 3-2022]
H. The applicant
shall construct a stone dust trail from the Town Park to the current
parking lot on site to provide a community benefit by permitting pedestrians
to travel off road to enhance safety.
[Added 4-6-2022 by L.L. No. 3-2022]
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 March, 1999, 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 Harold Berger,
P.E., dated March 1999, and entitled "Proposed Layout Plan - The Hayner
Planned Development District."
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 Craig
and Carolyn 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.