A.
The boundary of the 261 Winter Street Extension Planned Development
District is established as being Tax Map Parcel No. 123.00-5-18 on
the 2008 Tax Assessment Rolls of the Town of North Greenbush, consisting
of approximately 55.56 acres. Approximately 23 acres shall be developed
for the residences.
B.
The remaining 32 acres shall be left undeveloped and deeded to the
Town of North Greenbush for municipal purposes prior to construction
being started on the residences for the project.
The 261 Winter Street Extension Planned Development District
shall be developed for a maximum of 75 units of townhomes only, located
in two-unit and three-unit townhouse design structures as per Exhibit
A, Proposed Planned Development District Townhouse Development 261
Winter Street Extension, dated January 2008 and last revised on June
4, 2008, prepared by ABD Engineers and Surveyors and attached hereto
as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
General setbacks, except as noted on Exhibit A, Proposed Planned
Development District Townhouse Development 261 Winter Street Extension,
are as follows:
A.
Minimum front yard setback: 30 feet.
B.
Minimum side yard setback: 10 feet on one side and zero feet (two-unit
townhouse design) on other side of unit.
C.
Minimum side yard setback: 10 feet on one side and zero feet on one
side with zero feet on both sides on the center three-unit townhouse
design.
D.
Minimum rear yard setback: 20 feet.
E.
Maximum building height: two-story design with walk-out basements
for certain lots.
A.
A minimum of two off-street parking spaces per unit shall be provided
(Parking spaces may be in a garage or in a driveway located between
the street right-of-way line and the front of the building.).
B.
An additional total of 30 unassigned off-street parking spaces shall
be provided, in landscaped parking areas, for guests and visitors,
of which three parking spaces shall be designed as handicapped spaces.
C.
Each parking space shall be a minimum of nine feet wide by 18 feet
in depth for a total of 162 square feet.
D.
The residents shall be prohibited from utilizing exterior parking
areas for storage or parking of recreational vehicles, motor homes,
trailers, boats, unregistered vehicles or other items deemed unacceptable
by the Town of North Greenbush Building Department.
B.
For all roadways, the base course of asphalt, together with all utilities
and infrastructure, shall be installed prior to the issuance of the
first building permit. However, the developer will be eligible to
receive a building permit for two model units in one building.
C.
All roadways shall be deeded to the Town of North Greenbush for future
acceptance and dedication by the Town Board of the Town of North Greenbush.
A current title report, executed deeds and recording paperwork shall
be provided to the Town of North Greenbush prior to the Town's Building
Department issuing any certificate of occupancy for this project.
If the infrastructure is not 100% completed at time of roadway dedication
by the Town of North Greenbush, a security in the amount of the cost
for the remaining work as determined by the Town Engineer shall be
submitted with the executed deeds. The security shall be in a form
acceptable to the Town Attorney. The security shall be returned upon
completion and acceptance of the remaining work.
D.
The roadways as shown on Exhibit A, Proposed Planned Development
District Townhouse Development 261 Winter Street Extension, dated
January 2008 and last revised on June 4, 2008, prepared by ABD Engineers
and Surveyors and attached hereto as Exhibit A, shall include a roadway
constructed up to the southerly property line to allow for the connection
and continuance of the roadway to the property identified as Tax Map
Parcel No. 123.00 - 5 - 14 on the 2008 Tax Assessment Rolls of the
Town of North Greenbush currently under Town of North Greenbush Planning
Board review known as the "Birchwood Hills Subdivision."
E.
A fifty-foot-wide access and right-of-way leading to the vacant land
to the east of the project shall be located along the southerly property
line. This area shall be graded and paved, with six inches of crusher
run stone only, to the satisfaction of the Town Engineer, to allow
for parking and access to the proposed vacant land to the east.
F.
An "emergency only" access (asphalt paved) driveway with breakaway
barrier shall be constructed at a location near Willow Lane which
would allow emergency vehicles access to the site in case the entrance
roadway is blocked at the Winter Street Extension. The Wynantskill
Fire Department's Chief and the Town of North Greenbush Police Chief
shall approve this "emergency only" access.
A.
All residential units of the 261 Winter Street Extension Planned
Development District shall be serviced with public water and public
sanitary sewers installed in accordance with plans approved by the
Town Engineer and the Rensselaer County Health Department.
B.
All public water and public sanitary sewers shall be constructed
in accordance with the Town of North Greenbush standards and as hereinafter
noted.
C.
All public water and public sanitary sewers improvements, except
as hereinafter noted, shall be deeded to the Town of North Greenbush
for future operation and maintenance.
D.
All water laterals shall be the responsibility of the property owner
from the curb box to the residence.
E.
All sanitary sewer laterals shall be the responsibility of the property
owner from the right-of-way line to the residence.
F.
Each residence shall have its own water and sanitary sewer laterals
separated by 10 feet as per NYSDOH regulations.
G.
A water permit (including water meter assembly and pressure-reducing
valve) and sanitary sewer permit shall be obtained from the Town of
North Greenbush Utilities Department for each residence.
H.
An eight-inch ductile iron water main, fire hydrants and appurtenances
shall be connected to the existing twelve-inch water main for Water
District No. 12 in Winter Street Extension and to the existing eight-inch
water main in Willow Lane at locations approved by the Town Engineer.
I.
An eight-inch ductile iron water main, fire hydrant and appurtenances
shall be installed up to the southerly property line of the property
identified as Tax Map Parcel No. 134.00-2-14 on the 2008 Tax Assessment
Rolls of the Town of North Greenbush currently under Town of North
Greenbush Planning Board review known as the "Birchwood Hills Subdivision"
as approved by the Town Engineer.
J.
Due to the number of units being proposed as part of the 261 Winter
Street Extension Planned Development District, the existing twelve-inch
water system transmission main along Winter Street Extension needs
to be enhanced for fire protection flow. This future enhancement has
been planned for during the construction of Water District No. 12.
The existing eight-inch water system main on Whiteview Road in front
of 37 Whiteview Road shall be connected to the twenty-four-inch water
main on Winter Street Extension north of Williams Road. This enhancement
will allow for the water system surrounding this project to have redundancy
in case of low water pressure in the project area.
K.
A gravity sanitary sewer system to service the entire 261 Winter
Street Extension Planned Development District shall be installed in
accordance with Town of North Greenbush standards and as herein noted.
L.
The developer must make application to the Town of North Greenbush
Town Board for the establishment of a sewer district to serve the
261 Winter Street Extension Planned Development District.
M.
This new gravity sanitary sewer system shall be connected to an existing
manhole for the Rensselaer County Sewer District No. 1 system located
at Whiteview Road and Willow Lane. Authorization from Rensselaer County
Sewer District No. 1 to connect to this manhole shall be obtained
by the developer prior to construction.
N.
Prior to and during the construction of the sanitary sewer line in
Willow Lane, through traffic must be maintained on Willow Lane or
a temporary hard-surfaced roadway shall be constructed and maintained
for vehicular traffic to enter and exit to Willow Lane from Winter
Street Extension.
O.
The sanitary sewer system shall be eight-inch SDR-26 PVC pipe, precast
concrete manholes and eight-inch-high heavy-duty twenty-four-inch
diameter vented manhole castings installed in accordance with plans
approved by the Town Engineer and the Rensselaer County Health Department.
P.
Access, for existing homes, to the new proposed eight-inch sanitary
sewer in Willow Lane shall be via a precast concrete manhole to be
located at the first intersection of Willow Lane south of Whiteview
Road as approved by the Town Engineer.
Q.
Sanitary sewer service shall be provided to the property line of
the existing homes at 261 and 281 Winter Street Extension as approved
by the Town Engineer.
R.
An eight-inch SDR-26 PVC pipe and appurtenances shall be installed
up to the southerly property line of the property identified as Tax
Map Parcel No. 134.00-2-14 on the 2008 Tax Assessment Rolls of the
Town of North Greenbush currently under Town of North Greenbush Planning
Board review known as the "Birchwood Hills Subdivision" as approved
by the Town Engineer.
B.
A complete stormwater pollution prevention plan (SWPPP) shall be
submitted to the Town Engineer for approval prior to any construction
being started at the site.
C.
The Town Engineer shall approve the stormwater management system
design. The design shall allow for easy maintenance and mowing.
D.
All stormwater ponds shall be fenced with a four-foot-high heavy-duty,
black vinyl-clad chain link fence with access gates as approved by
the Highway Superintendent.
E.
The stormwater management system shall be deeded by easement to the
Town of North Greenbush for future operation and maintenance.
F.
If necessary, the developer must obtain all necessary permits and/or
approvals from the United States Army Corps of Engineers (ACOE) with
respect to impacts to federal wetlands resulting from the development
of the 261 Winter Street Extension Planned Development District.
G.
No work shall commence in the federal wetlands prior to the developer
obtaining such ACOE permits and/or approvals.
H.
A copy of all such ACOE permits and/or approvals shall be provided
to the Town Engineer prior to any grading or construction activities
in the federal wetlands.
A.
All buildings shall be constructed or clad with material that is
durable, economically maintained and of a quality that will maintain
its appearance over time.
B.
All buildings shall have an exterior design style to include traditional
building materials such as wood, vinyl clapboard siding, asphalt architectural
shingles, brick, natural or synthetic stone.
C.
Elevations and floor plans of the residences shall be as per the
attached Exhibits B-1, B-2, B-3 and B-4, Building Elevations Proposed
Planned Development District Townhouse Development 261 Winter Street
Extension, dated June 2008, prepared by ABD Engineers and Surveyors.[1] These exhibits represent a generalized style of the buildings,
and the Building Department designee shall review any changes to this
design. Any substantial changes shall be referred to the Planning
Board for final approval.
[1]
Editor's Note: Exhibit B is on file in the Town offices.
D.
No accessory buildings or sheds shall be allowed in the 261 Winter
Street Extension Planned Development District.
E.
Landscaping for each residence shall be as per the attached Exhibit
C-1, Unit Landscaping Proposed Planned Development District Townhouse
Development 261 Winter Street Extension, dated June 2008, prepared
by ABD Engineers and Surveyors.[2]
[2]
Editor's Note: Exhibit C-1 is on file in the Town offices.
Any changes shall be submitted to the Town Engineer for approval prior
to installation. Any substantial changes shall be referred to the
Planning Board for final approval.
F.
Landscaping for the entrance along Winter Street Extension shall
be as per the attached Exhibit C-2, Entrance Landscaping Proposed
Planned Development District Townhouse Development 261 Winter Street
Extension, dated June 2008, prepared by ABD Engineers and Surveyors.[3]
[3]
Editor's Note: Exhibit C-2 is on file in the Town offices.
Any changes shall be submitted to the Town Engineer for approval prior
to installation. Any substantial changes shall be referred to the
Planning Board for final approval.
G.
Landscaping along Willow Lane shall be as per the attached Exhibit
C-3, Buffer Landscaping Proposed Planned Development District Townhouse
Development 261 Winter Street Extension, dated June 2008, prepared
by ABD Engineers and Surveyors.[4]
[4]
Editor's Note: Exhibit C-3 is on file in the Town offices.
Any changes shall be submitted to the Town Engineer for approval prior
to installation. Any substantial changes shall be referred to the
Planning Board for final approval.
H.
Each residence shall have a post-lamp-type light with photometric
sensor wired directly to the residence's electric panel box.
I.
Garages for each residence shall be capable of parking a vehicle
at all times and shall not be used for storage of other material that
would prevent the parking of a car completely within the garage.
J.
Refuse storage areas shall be enclosed in the structures.
A.
A trail/walking path shall be constructed throughout the 261 Winter
Street Extension Planned Development District as per the attached
Exhibit D, Walking Trails Proposed Planned Development District Townhouse
Development 261 Winter Street Extension, dated June 2008, prepared
by ABD Engineers and Surveyors.[1]
[1]
Editor's Note: Exhibit D is on file in the Town offices. Any
changes shall be submitted to the Town Engineer for approval prior
to installation. Any substantial changes shall be referred to the
Planning Board for final approval.
B.
The trail/walking path shall be connected to the proposed trail/walking
paths areas for the adjacent Birchwood Hills and Westview Estates
Subdivisions to allow for a continuous trail/walking path in the neighborhood
as approved by the Town Engineer.
C.
The trail/walking path shall be constructed as a five-foot-wide path
and be paved and compacted to a depth of six inches with a crusher-run
stone material as approved by the Town Engineer.
D.
The area around the existing pond shall be cleaned up, graded, seeded
and all excess brush removed to allow for easy mowing and maintenance
for future ice skating during the winter months. The outfall pipe
to this pond shall be repaired and new stone rip rap installed as
approved by the Town Engineer.
E.
A green space/recreation fee of $300 per unit shall be paid at the
time the individual building permits are issued for each structure.
F.
There shall be one common mailbox/newspaper box facility for all
residences to pick up their mail and newspapers. This facility shall
be attractively landscaped and located near the front of the project
site and be served by at least four unassigned off-street parking
spaces.
A.
A work permit shall be issued for the site work (grading and infrastructure),
all in accordance with the Town of North Greenbush Building Department's
fees and procedures.
B.
Individual building permits shall be issued for each residential
structure, all in accordance with the Town of North Greenbush Building
Department's fees and procedures.
C.
Prior to start of any construction, a preconstruction meeting shall
be held to review all aspects of the project. Shop drawings shall
be approved by the Town Engineer prior to being installed in the construction
of the infrastructure. The Wynantskill Fire Chief shall be invited
to the meeting with ample notice.
D.
An escrow account shall be established by the developer, prior to
the start of site work, with the Town of North Greenbush to provide
for engineering review, observation and oversight, by the Town of
North Greenbush personnel/consultants, on all construction plans and
site plan construction activities related to this project. The amount
of such escrow account shall be subject to review from time to time
during the construction activities to make sure that a sufficient
balance is maintained to cover the costs for the engineering review
and oversight.
E.
Site work and construction may take place between 7:00 a.m. and 7:00
p.m. Monday through Friday and 7:00 a.m. and 5:00 p.m. on Saturdays,
without prior written approval from the Town of North Greenbush Building
Department.
F.
No site work or construction shall take place on any Sunday, Christmas
Day or New Year's Day.
G.
A project progress committee shall be established at the preconstruction
meeting consisting of the Building Department designee, Planning Board
Chairman, Fire Marshal, Utilities Department Supervisor, Town Engineer
and the developer representative. The purpose of this committee shall
be to review and authorize minor changes to the approved site plan
prior to construction being allowed on these minor changes.
H.
The developer shall be responsible to submit to the Town Engineer
an acceptable as-built set of plans for the project and infrastructure.
A.
All signage shall comply with the Town of North Greenbush signage
regulations.
B.
One landscaped entrance type sign identifying the 261 Winter Street
Extension Planned Development District or future designated project
name shall be allowed at the entranceway near Winter Street Extension.
C.
The entrance sign shall be designed as a "nonhazardous roadside obstacle"
type sign and shall be located outside of the public rights-of-way.
D.
The entrance sign shall be submitted to the Town of North Greenbush
Planning Board for approval prior to installation.
E.
All traffic control signs for the 261 Winter Street Extension Planned
Development District shall be in accordance with the NYSDOT Manual
of Uniform Traffic Control Devices.
F.
A stop sign shall control traffic exiting the site onto Winter Street
Extension.
G.
A street name sign shall be installed at the Winter Street Extension
entrance.
H.
"No Parking" signs shall be installed as per the direction of the
Fire Marshal throughout the site.
A.
Prior to the subdivision plat being signed by the Planning Board
Chairman for the 261 Winter Street Extension Planned Development District,
a subdivision plat and site plan, in substantial compliance with this
article and the exhibits attached hereto, shall be submitted and approved
after a public hearing by the Town of North Greenbush Planning Board.
B.
Prior to issuance of a work permit by the Town of North Greenbush
Building Department, the following conditions shall be complied with:
(1)
All final Planning Board and engineering comments shall be addressed
on the site plan.
(2)
All necessary approvals for the public water and sanitary sewer
shall be obtained.
(3)
All necessary agreements shall be executed with the Town of
North Greenbush as required.
(4)
All necessary performance bonds and security agreements shall
be filed with the Town of North Greenbush.
(5)
Funding of the appropriate engineering review, observation and
oversight escrow shall be established with the Town of North Greenbush
Comptroller.
(6)
Payment of all municipal review fees.
(7)
The approved subdivision plat shall be signed by the Planning
Board Chairman and filed in the Rensselaer County Clerk's office.
A.
The 261 Winter Street Extension Planned Development District homeowners'
association's documents, including its covenants, restrictions and
bylaws, shall be reviewed by the Town Attorney prior to filing with
the office of the New York State Attorney General to ensure compliance
with the requirements of this article.
B.
A property maintenance and snow removal plan shall be included in
the homeowners' association agreement (HOA).
A.
The Town of North Greenbush shall have the right to enforce this
article.
B.
Any violation of a provision of this article shall be deemed a violation
of the Town of North Greenbush Zoning Code, and the provisions hereof
shall be enforceable pursuant to the enforcement provisions of said
Town of North Greenbush Zoning Code.
