[Adopted 11-4-1999 by L.L. No. 5-1999]
This local law shall be known and may be cited
as Local Law No. 5 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 "Fairway Estates 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 and supplemented and are hereby
further amended and supplemented by the creation of the Fairway Estates
Planned Development District.
The area of said Fairway Estates 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 Edwards & Kelcey, dated September 24,
1999, entitled "Fairway Estates, Planned Development District, Town
of Halfmoon, Saratoga County, New York."
There shall be developed within the area of
said Fairway Estates Planned Development District in the phases containing
a total of 120 townhouse units on approximately 40 lots abutting a
nine-hole golf course, to be developed in phases. Phase I to be the
golf course, Phase II to be the Town roads and townhouses and Phase
III to be the balance of the townhouses. No Planning Board review
or approval of Phase II or Phase III shall occur unless and until
public water is available from Halfmoon Water District No. 12 and
an outside district user agreement has been executed and the required
fees paid to Water District No. 6 by applicant:
A. Off-street parking will be provided with a minimum
of two spaces per unit.
B. Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town, shall be constructed
from Sitterly Road.
C. Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 12 at the
applicant's sole cost. No use of Town water shall be permitted for
the golf course. No further development past the creation of the golf
course will be permitted until municipal water is available. Applicant
will need to enter into an outside district user agreement and pay
the required outside district user fees prior to any connection to
Water District No. 12 being permitted. No connection or use shall
be permitted to any other source of water. Approval of the water distribution
system shall be obtained by the applicant from the Town of Halfmoon
and the New York State Department of Health.
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. 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
land uses, Sitterly Road.
G. If required by the Town Board, the knoll or lump in
Sitterly Road will be removed and the area restored and paved in accordance
with the Town of Halfmoon Specifications, Rules and Regulations and
Road Profiles.
A. Before construction of the amended Fairway Estates
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.
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,
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 Fairway Estates 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 specification.
E. The applicant shall prepare a hydrology study, sufficiently
defined to assure that there will be adequate water on site for wells
and/or ponds to water the golf course without the use of municipal
potable water. This plan will be subject to review and approval of
the Planning Board and Clough Harbour and Associates.
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.
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.
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 the Fairway Estates-Planned Development District be
set forth on a supplementary map which is hereby made a part of this
local law as Exhibit B dated September 24, 1999; the property set
forth on such map is the same real property described in the description
annexed hereto and marked Exhibit A, made by Edwards & Kelcey,
dated September 24, 1999.
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 Fairway
Estates 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.
[Added 5-2-2000 by L.L. No. 2-2000]
A. Title. This local law shall be known and may be cited
as Local Law No. 2 of 2000, 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,
and amending Local Law No. 7 of 1994, as amended by Local Law No.
5 of 1999, providing for the creation of a planned development district
known as "Fairway Estates."
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 and supplemented
and are hereby further amended and supplemented by the creation of
the Fairway Estates Planned Development District.
C. Boundaries. The area of said Fairway Estates Planned
Development District is bounded and described as shown on a certain
site plan map, prepared by Edwards & Kelcey, dated September 24,
1999, entitled "Fairway Estates, Planned Development District, Town
of Halfmoon, Saratoga County, New York." Said boundary is hereby amended
to incorporate a 6.5 acre parcel contained on a map entitled "Subdivision
of Lands of Roman W. & Ruth J. Johnson," prepared by Gilbert VanGuilder
& Associates and dated March 21, 2000. The property to be added
will allow a second access to the property as well as allow additional
screening for the neighbors.
D. Section 402 of the said Local Law No. 2 of 1973, Zoning
Map, is hereby amended by providing that the Fairway Estates PDD 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
real property described in the description annexed hereto, made by
Edwards & Kelcey, which is hereby made a part of this local law
as Exhibit B.
[Added 11-17-2002 by L.L. No. 8-2002]
A. Title. This local law shall be known and may be cited
as Local Law No. 8 of 2002, 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 "Fairway Estates 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 are hereby further amended
and supplemented by the creation of the Fairway Estates Planned Development
District.
C. Boundaries. The area of said Fairway Estates 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 Edwards & Kelcey, dated September
24, 1999, entitled "Fairway Estates Planned Development District,
Town of Halfmoon, Saratoga County, New York," including the amendments
detailed on a map prepared by Gilbert Van Guilder, dated August 6,
2002, entitled "Lot Line Adjustment and Building Line Adjustment,
Lots 39, 41, 43, 45 & 47 Raylinski Lane, Fairway Estates."
D. Development. There shall be developed within the area
of said Fairway Estates Planned Development District in the phases
containing a total of 120 townhouse units on approximately 40 lots
abutting a nine-hole golf course, to be developed in phases. Phase
I to be the golf course, Phase II to be the Town roads and townhouses
and Phase III to be the balance of the townhouses. No Planning Board
review or approval of Phase II or Phase III shall occur unless and
until public water is available from Halfmoon Water District No. 12
and an outside district user agreement has been executed and the required
fees paid to Water District No. 6 by applicant:
(1) Off-street parking will be provided with a minimum
of two spaces per unit.
(2) Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town, shall be constructed
from Sitterly Road.
(3) Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 12 at the
applicant's sole cost. No use of Town water shall be permitted for
the golf course. No further development past the creation of the golf
course will be permitted until municipal water is available. Applicant
will need to enter into an outside district user agreement and pay
the required outside district user fees prior to any connection to
Water District No. 12 being permitted. No connection or use shall
be permitted to any other source of water. Approval of the water distribution
system shall be obtained by the applicant from the Town of Halfmoon
and the New York State Department of Health.
(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) 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.
(6) Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
land uses, Sitterly Road.
(7) If required by the Town Board, the knoll or lump in
Johnson Road will be removed and the area restored and paved in accordance
with the Town of Halfmoon Specifications, Rules and Regulations and
Road Profiles.
E. Construction regulations.
(1) Before construction of the amended Fairway Estates
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.
(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 completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
(3) The exact location, number and size of buildings,
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.
(4) During construction of the Fairway Estates 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 specification.
(5) The applicant shall prepare a hydrology study, sufficiently
defined to assure that there will be adequate water on site for wells
and/or ponds to water the golf course without the use of municipal
potable water. This plan will be subject to review and approval of
the Planning Board and Clough Harbour and Associates.
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 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.
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 with appropriate title insurance and documents satisfactory
to the Town Attorney together with title insurance and documents as
required by the Town Attorney.
H. Sewage facilities; dedication. 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.
I. Stormwater management facilities; dedication. 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.
J. 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, together with title insurance and documents as required
by the Town.
K. Stormwater retention/detention tax district. 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.
L. Signs. 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.
M. 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 utilities,
paving and other infrastructure for the project;
(c)
The satisfactory completion and maintenance
of landscaping 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.
N. Zoning Map. Local Law No. 5 of 1995 is hereby amended
by providing that the Fairway Estates Planned Development District
be set forth on a supplementary map which is hereby made a part of
this local law as Exhibit B dated September 24, 1999, the property
set forth on such map is the same real property described in the description
annexed hereto and marked Exhibit A, made by Edwards & Kelcey,
dated September 24, 1999, including the amendments detailed on a map
prepared by Gilbert Van Guilder, dated August 6, 2002, entitled "Lot
Line Adjustment and Building Line Adjustment, Lots 39, 41, 43, 45
& 47 Raylinski Lane, Fairway Estates."
O. 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 amended
Fairway Estates Planned Development District 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 the proposed planned development
is not completed within three years from the start of construction.
(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, and as to said are 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 one or all of said requirements of Subsection
O(1)(a),
(b) and
(c), by resolution, without first conducting a public hearing thereon.