[Adopted 10-20-2009 by L.L. No. 3-2009]
This local law shall be known and may be cited as "Local Law
No. 3-2009, 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 "Swatling Falls 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 "Swatling Falls planned development
district."
The area comprising said Swatling Falls Planned Development
District consists of approximately 94.79 acres, Tax Map Parcel Nos.
273.0-1-30, and is located at 162 Upper Newtown 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.[1]
[1]
Editor's Note: PDD maps and plans are on file in the Town
offices.
A.
There shall be constructed within the area of said Swatling Falls
Planned Development District a project generally consistent with the
site plan dated May 4, 2009, prepared by Lansing Engineering, PC,
entitled "Proposed Layout Plan and Quality Open Space Plan — Swatling
Falls," consisting of a maximum of 100 units, including a one-estate
single-family lot, 32 carriage homes/single-family lots, 47 traditional
neighborhood single-family lots, and 10 two-family lots with a maximum
of 20 units, together with the necessary infrastructure and improvements
in general conformity with the site plan dated May 4, 2009, 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.[1] The allocation of the number of lots per type of unit
may change through the site plan process, but at no time shall the
total number of units exceed 100. All lots within the planned development
district shall front on a Town road and shall have the following setbacks
depending on the type of unit:
(1)
Estate single-family lots shall be a minimum of five acres in
total area, with a one-hundred-foot minimum lot width at the building
line, thirty-five-foot minimum front yard setback, ten-foot minimum
side yard setback, and a thirty-foot minimum rear yard setback;
(2)
Carriage homes/single-family lots shall be a minimum of 10,000
square feet in total area, with a sixty-foot minimum lot width at
the building line, thirty-five-foot minimum front yard setback, ten-foot
minimum side yard setback, and a thirty-foot minimum rear yard setback;
(3)
Traditional neighborhood single-family lots shall be a minimum
of 10,000 square feet in total area, with an eighty-foot to ninety-foot
minimum lot width at the building line, thirty-five-foot minimum front
yard setback, ten-foot minimum side yard setback, and a thirty-foot
minimum rear yard setback;
(4)
Two-family lots shall be a minimum of 20,000 square feet in
total area, with one a hundred-twenty-five-foot minimum lot width
at the building line, thirty-five-foot minimum front yard setback,
ten-foot minimum side yard setback, and a thirty-foot minimum rear
yard setback.
[1]
Editor's Note: PDD maps and plans are on file in the Town
offices.
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 No. 1. The final plan
shall be filed either in total, or in phases, as approved by the Planning
Board of the Town of Halfmoon and 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 May 4, 2009.
Sanitary sewer service shall be provided in general conformance
with the plan as set forth by Lansing Engineering. 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 Swatling Falls 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
plan and review process. The applicant shall be responsible to the
Town of Halfmoon for the periodic maintenance and/or repair of the
system at no cost to the Town of Halfmoon and shall provide the Town
of Halfmoon the easements necessary to maintain and/or repair the
system should it become necessary. Said easements shall be prepared
by the applicant at no cost to the Town of Halfmoon, and the applicant
shall remain liable for any and all costs incurred by the Town of
Halfmoon should it become necessary for the Town to maintain and/or
repair the stormwater management system.
A.
All utilities, roads and/or streets within the Swatling Falls Planned
Development District shall be constructed by the applicant in accordance
with the specifications approved during subdivision plan and review.
Approximately 1,000 feet of roadway shall 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.
B.
In an effort to provide a direct positive impact on the immediate
area, the applicant shall contribute his/her fair share toward transportation
improvements in order to address the cumulative impacts associated
with development in the corridor.
(1)
The applicant has offered a contribution of funds as a part
of a public benefit to address the cumulative impacts associated development
in the corridor. The final decision on the full public benefit will
be determined by the Town Board. The traffic portion of this offer
could be used for Route 146/236 improvements.
(2)
The applicant will also agree to work with the applicant for
the proposed Glen Meadows Planned Development District to construct
an interconnecting roadway to decrease the traffic impacts of the
two developments.
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 Swatling Falls Planned
Development District shall contain approximately 43 acres of open
space, 15 acres of which shall be maintained by a homeowner's association.
The remaining approximately 27.93 acres along McDonald Creek will
be dedicated to the Town, with the applicant being responsible for
the creation of the trail head and eight-foot-wide multi-use walking
path constructed pursuant to the standards set forth in the Trail
Master Plan and as per final site plan approval.
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, 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 Swatling Falls Planned Development District
shall comply with the requirements established by the Town of Halfmoon
Planning Board during the site 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 Swatling Falls 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 Swatling Falls Planned
Development District has not begun, or if, after construction has
begun, substantial progress, weather permitting, is not continued
without interruption.
