[Adopted 11-6-2008 by L.L. No. 6-2008]
This local law shall be known and may be cited
as "Local Law No. 6-2008, amending the Zoning Ordinance of the Town
of Halfmoon, Local Law No. 5 of 1995, and the map and official regulations
relating to zoning of the Town of Halfmoon," creating a planned development
district known as the "Howland Park 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 set forth and enacted
in Local Law No. 5 of 1995, as previously amended and supplemented
be and the same hereby are further amended by creating the residential
planned development district to be known and described as the "Howland
Park Planned Development District."
The area comprising said Howland Park Planned
Development District consists of approximately 149.14 acres, Tax Map
parcel numbers 261.-2-36.12 and 260.-2-60.2, and is located at Johnson
Road, west side of McBride Road, 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 Howland Park Planned Development District, a project generally
consistent with the site plan dated April 2006, last revised August
18, 2008, prepared by Ivan Zdrahal Associates, PLLC, consisting of
a maximum of 96 single-family homes together with the necessary infrastructure
and improvements in general conformity with the site plan dated April,
2006, 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. Sixty percent of the project is common open space controlled
by a homeowner's association. A twenty-foot additional right-of-way
will be provided to the Town of Halfmoon along Johnson Road for future
improvements. All lots within the planned development district shall
front on a Town road and shall have a minimum front yard setback and
rear yard setback of 30 feet.
A. 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 2006, last revised
August 18, 2008.
B. The project is within the North Halfmoon GEIS. The
site has been created to conform in theory with the statements and
recommendations of the GEIS.
C. Additionally, the applicant will contribute $3,330
in mitigation costs for each and every one of the 96 units to mitigate
the cumulative impacts of the project on the GEIS Study Area as is
required within the GEIS for GEIS parcels. The payments will go directly
to the GEIS fund as follows:
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Water = 96 EDU x $1,500/EDU =$144,000
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Sewer = 96 EDU x $780/EDU = $74,880
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Culverts = 96 EDU x $65/EDU = $6,240
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Traffic = 96 EDU x $970/EDU= $93,120
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GEIS Prep. = 96 EDU x $31/EDU = $2,976
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Open Space = 96 EDU x $420/EDU =
$40,320
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TOTAL = 96 EDU x $3,766/EDU = $361,536
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D. The applicant is aware and has consented to be responsible
for any increase in fees as approved by the Town Board prior to the
obtaining of a building permit for a lot. If the applicant constructs
improvements which are identified in the GEIS, the applicant is entitled
to a credit against the above fees in an amount equal to the cost
of those improvements as determined by the Town Engineer and approved
by the Town. Request for said credit must be made as part of the request
for final subdivision approval to the Planning Board and if approved,
should be so noted in the approval resolution.
E. The applicant has volunteered to make improvements
to the vertical alignment of Johnson Road in order to achieve the
goals of public benefit of the Town as determined by the Town Board
in its sole and absolute discretion. These improvements will be made
as part of the construction of the initial phase of the project and
will be completed prior to the issuance of any certificate of occupancy
other than that of a model home if one is proposed.
F. In addition to the improvements noted above, recreation
fees will be paid on a per-lot basis in the amount of $1,500 per lot,
for a total of $144,000. These fees are subject to any increase approved
by the Town Board.
G. The project is not currently within, nor is it served
by, any existing water district. The project is anticipated to be
served by the Town of Halfmoon municipal water supply by reason of
an Agreement for Extension of Town of Halfmoon Consolidated Water
District to be entered into between the applicant and the Town upon
terms and conditions acceptable to the Town Board. The execution of
that Agreement for Extension of Town of Halfmoon Consolidated Water
District is a condition precedent to the subdivision approval and
any construction, building permits, or development within the subdivision
site. As a part of the agreement for extension of water to the site,
the applicant will be required to extend water lines from the current
Town of Halfmoon system to the project site and loop those lines in
accordance with the requirements of the Town of Halfmoon Water Superintendent,
which requirement and agreement will be a part of the Agreement for
Extension of Town of Halfmoon Consolidated Water District. This looping
will be completed prior to the commencement of Phase II of development.
In addition to the improvements noted above, water connection fees
will be paid on a per-lot basis in the amount of $1,500 per lot, for
a total of $144,000.
Sanitary sewer service shall be provided in
general conformance with the plans noted above prepared by Ivan Zdrahal
Associates, PLLC. Final plans and profiles for same shall be provided
as part of the final subdivision plans to be reviewed and approved
by the Planning Board and all applicable county and state agencies.
All sewer mains and appurtenants will be installed and improved/upgraded
by the applicant to the Saratoga County Sewer District No. 1 standards
and offered for dedication to the Saratoga County Sewer District No.
1 at no cost to the Saratoga County Sewer District No.1 or the Town
of Halfmoon, with delivery to the Saratoga County Sewer District No.
1 of duly executed deeds, easements and bills of sale as appropriate.
Potable water service for the Howland Park Planned
Development District will be provided by the extension of existing
water mains in the vicinity of the parcel and as approved by the Town
Engineer and Water Department.
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 subdivision 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.
A. All utilities, roads and/or streets within the Howland
Park Planned Development District shall be constructed by the applicant
in accordance with the specifications approved during subdivision
review. 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.
B. In an effort to provide a direct positive impact on
the immediate area, the applicant shall provide an easement for the
future construction of a trail along the eastern portion of the project
site. In addition, the subdivision plans shall include design details
for the future construction of this trail by others.
C. 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 Howland Park Planned
Development District shall contain approximately 70.42 acres of common
open space or land preservation area, which shall be maintained by
either a homeowner's association or the lot owners individually.
D. The homeowner's association shall also be responsible
for maintaining the emergency access road which shall be constructed
as set forth in the plans dated April 2006, last revised August 18,
2008.
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 and Construction
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 Howland Park Planned Development
District shall comply with the requirements established by the Town
of Halfmoon Planning Board during subdivision 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 Howland Park 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
Howland Park Planned Development District has not begun, or if, after
construction has begun, substantial progress, weather permitting,
is not continued without interruption.