[Adopted 10-21-2008 by L.L. No. 5-2008]
This local law shall be known and may be cited as "Local Law #5-2008, amending the Zoning Ordinance of the Town of Halfmoon, Local Law #5 of 1995, and the map and official regulations relating to zoning of the Town of Halfmoon," as codified in the Code of the Town of Halfmoon and added to Chapter
165 of said Code, creating a planned development district known as "Brookfield Place."
Local Law #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 set forth and enacted
in Local Law #5 of 1995, as previously amended, codified and supplemented,
be and the same hereby are further amended by creating the residential
planned development to be known and described as "Brookfield Place."
The area comprising said Brookfield Place consists
of approximately 73.31 acres, Tax Map parcel numbers 279.-1-29 and
279.-1-30, and is located between Guideboard Road and Harris Road
approximately 2,900 feet west of the Middletown Road and Harris Road
intersection, Town of Halfmoon, County of Saratoga, State of New York
and is bounded and described as set forth in Exhibit A attached hereto
and made a part hereof.
There shall be constructed within the area of
said Brookfield Place Planned Development District a project generally
consistent with the site plan dated April 2007 and last revised on
August 18, 2008, prepared by Ivan Zdrahal Associates, PLLC, consisting
of a maximum of 81 single-family residences together with the necessary
infrastructure and improvements in general conformity with the site
plan dated April, 2007, and last revised August 18, 2008, attached
hereto as Exhibit B and in general conformity with the Zoning Ordinance
of the Town of Halfmoon with relation to planned development districts
and in accordance with the negative declaration by the Town Board
of the Town of Halfmoon attached hereto and made a part hereof as
Exhibit C. All lots within the planned development district shall
front on a Town road and shall have a minimum lot size of 15,000 square
feet, with a front building setback line of 35 feet and a minimum
width at the building setback line of 80 feet. Approximately 43% of
the property will be preserved.
Before application is made for any building
permit, preliminary and final subdivision plan approval shall be obtained
from the Planning Board of the Town of Halfmoon and the final plan
shall be signed by all governmental entities having jurisdiction thereof,
including but not limited to the Halfmoon Water Department, Halfmoon
Planning Department, and Saratoga County Sewer District #1. The final
plan shall be filed either in total, or in phases, as approved by
the Planning Board of the Town of Halfmoon, in the Saratoga County
Clerk's office. The exact location and specifications of roadways,
buffers, green space and other related matters may be changed, altered
or amended during the Town of Halfmoon Planning Board review process
in a manner generally consistent with the site plan dated April, 2007,
with the latest revision date of August 18, 2008.
Sanitary sewer service shall be provided in
general conformance with the requirements as set forth by the Saratoga
County Sewer District #1, the Department of Health, Department of
Environmental Conservation and the designs proposed by Ivan Zdrahal
Associates, PLLC. All sewer mains and appurtenants will be installed
and improved/upgraded by the applicant to the Saratoga County Sewer
District #1 standards and offered for dedication to the Saratoga County
Sewer District #1 at no cost to the Saratoga County Sewer District
#1 or the Town of Halfmoon, with delivery to the Saratoga County Sewer
District #1 of duly executed deeds, easements and bills of sale as
appropriate.
Potable water service for the Brookfield Place
Planned Development District will be provided by the extension of
existing water mains on Locust Lane and Harris Road and as approved
by the Town Engineer and Water Department. A water district extension
agreement with the Town of Halfmoon is required to provide water service
for a portion of this project area located outside of the existing
Town of Halfmoon Consolidated Water District. Thirty-eight of the
81 single-family residences are located outside of the current water
district boundaries.
Approval of the New York State Department of
Health, New York Department of Environmental Conservation and Town
Engineer will be obtained for the potable water system and the sanitary
sewer system, as appropriate.
A stormwater management plan will be developed
during the site subdivision plan review process. The applicant shall
offer to the Town of Halfmoon the stormwater management area for dedication
to the Town of Halfmoon upon request by the Town and shall post a
one-year maintenance bond or letter of credit upon making the dedication.
In the event that the dedication of the stormwater management area
and any other areas proposed for dedication are not accepted by the
Town of Halfmoon, the applicant shall be responsible for the periodic
maintenance and/or repair of the system to the Town of Halfmoon at
no cost to the Town of Halfmoon.
All utilities, roads and/or streets within the
Brookfield Place Planned Development District shall be constructed
by the applicant in accordance with the specifications approved during
subdivision plan review. Town roadways will be constructed. The roads
shall be offered to the Town of Halfmoon for dedication to the Town.
The applicant shall post a two-year maintenance bond or letter of
credit upon making the dedication to the Town of Halfmoon. The roadway
shall be constructed in conformance with the roadway specifications
as set forth by the Town Highway Department and the Town engineers
with the applicant being responsible for any and all costs associated
with the proper inspection of the road. All roadways shall be dedicated
in a manner consistent with the Town of Halfmoon roadway dedication
process.
A. Based upon the studies conducted by the Town, including
but not limited to the Town-wide survey, Trail Study, Recreation Study,
the open space work conducted on behalf of the Town, the Comprehensive
Plan, and the studies conducted and reports prepared for the new Town
Park, it is clear that although a proper case exists for requiring
a park or parks suitably located for playgrounds or other recreational
purposes, this parcel is not suitable for the location of a park of
adequate size to meet the needs of the Town of Halfmoon; therefore,
the applicant shall be responsible for recreation fees as assessed
by the Planning Board at the time of the subdivision and prior to
the granting of certificates of occupancy. The Brookfield Place Planned
Development District shall contain approximately 18.04 acres of common
open space, which shall be maintained by a homeowners' association.
B. The homeowners' association shall also be responsible
for maintaining the emergency access road which shall be constructed
as set forth in the plans dated April, 2007, last revised August 18,
2008. The emergency access road shall connect to Locust Lane and shall
have a gate preventing unauthorized vehicles from utilizing the emergency
access. Locust Lane shall not be utilized as a construction access
for the Brookfield Place Planned Development District.
C. Additionally, the applicant will contribute $3,086.01
for each and every one of the 81 units for a total of $250,000. Seventy-five
thousand dollars will be paid prior to the issuance of the first certificate
of occupancy, $75,000 will be payable prior to the issuance of the
20th certificate of occupancy, $75,000 will be payable prior to the
issuance of the 40th certificate of occupancy, and $25,000 will be
payable prior to the issuance of the 66th certificate of occupancy.
These funds will go to the Town to be disbursed by the Town Board
as it deems fit in a manner to increase the benefit to the public
of the Brookfield Place Planned Development District.
All buildings and improvements shall be designed
and constructed pursuant to plans and specifications approved by a
duly licensed architect or engineer and in strict compliance with
established construction standards, regulations and codes (including
the New York State Uniform Fire Prevention and Building Code). All
construction, during the performance thereof and upon completion,
shall be subject to the inspection and approval of the Town of Halfmoon
Code Enforcement Officer, Engineer and Superintendent of Highways,
and Fire Marshal.
The Town of Halfmoon Planning Board shall not
give final subdivision plan approval unless and until all approvals
required by each and every other government or governmental entity
have been obtained. The Planning Board may, in its discretion, give
approval conditioned upon the applicant obtaining such approvals.
Signs within the Brookfield Place Planned Development
District shall comply with the requirements established by the Town
of Halfmoon Planning Board during subdivision plan review. The architect
or engineer performing the work herein described shall be employed
by and at the expense of the developer.
This local law shall take effect upon being
filed in the office of the Secretary of State as provided in the Town
Law and/or Municipal Home Rule Law.
The Town of Halfmoon Town Board may, upon the
request of the then owner of the Brookfield Place Planned Development
District, modify any of the provisions of this local law upon such
terms as the Town Board shall determine to be reasonable.
This local law shall be deemed automatically
revoked and void, and the previous regulations shall apply, if within
three years from the effective date of this local law, or within such
additional period as the Town Board may subsequently provide without
a further public hearing, commencement of the construction of the
Inglewood Planned Development District has not begun, or if, after
construction has begun, substantial progress, weather permitting,
is not continued without interruption.