[Adopted 9-14-2009 by L.L. No. 2-2009]
This local law shall be known and may be cited as "Glen Meadows
Planned Development District Local Law Section 166, 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 (PDD) known as "Glen Meadows
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 "Glen Meadows Planned Development
District."
The area comprising said Glen Meadows Planned Development District
consists of approximately 148.55 acres, Tax Map Parcel No. 273.-2-7.11,
and is located approximately 1.5 miles east of New York State Route
146, adjacent to 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.
There shall be constructed within the area of said Glen Meadows
Planned Development District a project generally consistent with the
site plan dated June 30, 2008, last revised February 2, 2009, prepared
by the Environmental Design Partnership, consisting of a maximum of
64 single-family units, 44 twin-home units and 21 triple-family units,
together with the necessary infrastructure and improvements in general
conformity with the site plan dated June 30, 2008, last revised February
2, 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. All lots within the planned development district shall
front on a Town road and shall have a minimum front yard setback and
rear yard setbacks as detailed on the above-referenced map.
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, 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 June 30, 2008, last revised February
2, 2009.
Sanitary sewer service shall be provided in general conformance
with the off-site utility connection plans to be prepared by Environmental
Design Partnership, LLP. All sewer mains and appurtenances 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 Glen Meadows Planned Development
District will be provided by the extension of the existing water district
pursuant to a contract between the Town of Halfmoon and the applicant
and will include provisions for the extension of the mains in the
vicinity of the parcel and as approved by the Town Engineer and Water
Department. The contract will also include payment of the water district
extension fee in the amount of $1,500 per unit ($193,500 for 129 units)
prior to signature by the Town. The fees collected support system-wide
infrastructure that are required as a result of ongoing expansion
of the district.
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 for the
periodic maintenance and/or repair of the system to the Town of Halfmoon
standards 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 Glen Meadows 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 one-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 construct a bike path/walking trail for
the Town of Halfmoon, in a location to be determined by the Town,
that is approximately one mile in length. The trail will be constructed
with six inches of crushed stone on fabric with two inches of compacted
asphalt. The width of the actual trail shall be a minimum of six feet,
with a cost of approximately $28 per lineal foot. If it is determined
by the Town of Halfmoon that the trail would not provide a direct
benefit to the Town of Halfmoon, the applicant agrees to provide monies
to the Town of Halfmoon equal to the amount of constructing the one-mile
trail at $28 per lineal foot. The applicant will also be providing
the Town of Halfmoon with a twenty-foot easement across the property
owned by the applicant with a Tax Map parcel number of 280.-2-16.1,
on the corner of Brookwood Road and New York State Routes 4 and 32,
for the future construction of a trail.
C. The applicant will also agree to work with the applicant for the
proposed Swatling Falls Planned Development District to construct
an interconnecting roadway to decrease the traffic impacts of the
two developments and to create two points of access to a public road
for each subdivision.
D. The applicant will also agree to work with the Town and the developers
of the proposed Swatling Falls and Falcon Trace PDDs to contribute
his/her fair share to traffic improvements required to mitigate the
cumulative impact of development on the traffic in the area, based
on the same per residential unit contribution for each PDD.
E. In lieu of the payment of the district extension fee mentioned in §
166-708 above, the Town may direct the applicant to construct a twelve-inch water main of equal cost along Route 236. This new main will extend from the existing water main at the intersection of Route 236 with Harris Road and Fellows Road, north along Route 236 to a point near the intersection with Hayner Road. The Town will select the acceptable option during the subdivision process.
F. 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 Glen Meadows Planned Development District
shall contain approximately 103 acres of open space which shall be
maintained by a homeowner's association. The homeowner's association
shall also be responsible for owning and maintaining the proposed
open space and common areas, including the entrance gateway, site
lighting, signage, and trail system.
G. The applicant has offered a contribution of funds as a part of a
public benefit to address the cumulative impacts associated with 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.
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 inspection by 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
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 Glen Meadows 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 Glen Meadows 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 Glen Meadows Planned
Development District has not begun or if, after construction has begun,
substantial progress, weather permitting, is not continued without
interruption.