[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."
[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 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."
[1]
Editor's Note: PDD maps and plans 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 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.