[Adopted 11-5-2009 by L.L. No. 4-2009]
This local law shall be known and may be cited as "Falcon Trace
of Halfmoon 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 known as Falcon
Trace of Halfmoon 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 mixed use planned development
district to be known and described as "Falcon Trace of Halfmoon Planned
Development District."
The area comprising said Falcon Trace of Halfmoon Planned Development
District consists of approximately 148.55 acres, Tax Map Parcel Number
273.-2-7.11, and is located approximately 1.5 miles east of NYS Route
146 adjacent to Upper Newtown Road, Town of Halfmoon, County of Saratoga,
State of New York, more accurately described in three phases and attached
hereto. Falcon Trace of Halfmoon Planned Development District, Phase
I, is bounded and described as set forth in Exhibit A attached hereto
and made a part hereof and as shown on a certain site plan thereof
prepared by Lansing Engineering, P. C., dated August 19, 2009; Falcon
Trace of Halfmoon Planned Development District, Phase II, is bounded
and described as set forth in Exhibit B attached hereto and made a
part hereof and as shown on a certain site plan thereof prepared by
Lansing Engineering, P. C., dated August 19, 2009; and Falcon Trace
of Halfmoon Planned Development District, Phase III, is bounded and
described as set forth in Exhibit C attached hereto and made a part
hereof and as shown on a certain site plan thereof prepared by Lansing
Engineering, P. C., dated August 19, 2009.
[Amended 8-17-2011 by L.L. No. 1-2011; 6-3-2015 by L.L. No. 6-2015]
There shall be constructed within the area of said Falcon Trace Planned Development District a project generally consistent with the site plan dated August 19, 2009, prepared by Lansing Engineering, consisting of a maximum of three eleven-unit independent senior apartment buildings, one one-hundred-twenty-four-unit senior living facility with elevator access and a generator, and 14 eleven-unit luxury apartments for a total of units not to exceed 296 units, together with the necessary infrastructure and improvements in general conformity with the site plans detailed in §
166-720 of this local law and in general conformity with the local laws governing zoning of the Town of Halfmoon, and also in accordance with the negative declaration issued by the Town of Halfmoon attached hereto and made a part hereof as Exhibit "D." Three commercial lots shall be created as part of the Falcon Trace Planned Development District. Only uses permitted in a C-1 Zone pursuant to the local laws related to zoning of the Town of Halfmoon shall be permitted on these lots except as detailed herein for Lot 2. These lots shall comply with the rules and regulations regarding a commercial site plan as set forth in the local laws of the Town of Halfmoon and the Laws of the State of New York. Lot 2, as shown on a map entitled "Subdivision-Lands of Falcon Trace Senior Living, LLC," dated July 14, 2010, last modified August 23, 2010, prepared by Gilbert VanGuilder Land Surveyor, PLLC, and filed in the Saratoga County Clerk's office on November 1, 2010, as Instrument No. M2010209, would also permit storage of large construction equipment and construction of a maintenance repair shop for said large equipment. All lots within the planned development district shall front off of the 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 and site plan approvals 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 plans detailed above.
Sanitary sewer service shall be provided in general conformance
with the off-site utility connection plans to be prepared by Lansing
Engineering, as approved by the Town engineers. 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 Falcon Trace 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 for 296 units, totaling
$444,000. In addition, the contract will include a commitment to pay
the appropriate fee to be established for the commercial portion of
the site plan once those uses are established and the EDU value for
those uses may be determined, 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.
A. In lieu of the payment of the district extension fee mentioned in §
166-724 above, the Town may direct the applicant to construct a twelve-inch water main of equal value along Fellows Road and Route 236. This new main will extend from the existing water main at Upper Newtown Road, south along Fellows Roads and Route 236 to a point near the intersection of the PDD access drive with Route 236. The Town will select the acceptable option during the subdivision/site plan process.
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/site
plan 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.
A. All utilities, roads and/or streets within the Falcon Trace Planned
Development District shall be constructed by the applicant in accordance
with the specifications approved during subdivision/site plan review.
The roadway shall be constructed in conformance with the roadway specifications
as set forth by the Town Highway Department and the Town Engineers.
B. A privately owned and maintained access road, as shown on the site
plan filed with the Clerk of the Town of Halfmoon, shall be constructed
from Fellows Road through Falcon Trace of Halfmoon Planned Development
District, Phase III, to be constructed at the cost of the applicant.
Said access road shall connect with the access road to be constructed
through Falcon Trace of Halfmoon Planned Development District, Phase
I and Phase II, as shown on the site plan filed with the Clerk of
the Town of Halfmoon.
C. A privately owned and maintained access road, as shown on the site
plan filed with the Clerk of the Town of Halfmoon, shall be constructed
from NYS Route 236, at the cost of the applicant. Any connecting roads
to the actual building to be constructed shall be at the cost of the
developer.
D. The senior apartments will be available to individuals 55 and older,
with lower rates than the current market rate. Outdoor amenities will
include a putting green, shuffleboard, and a bus stop area. Proposed
indoor facilities for the assisted-living building include recreation
areas, a library, exercise room, and a central entrance reception
room.
E. The applicant will also be providing a trail from Upper Newton Road
along Fellows Road and through the project to connect to the Town
Park. In the event that the applicant cannot construct the trail as
detailed herein, the applicant shall provide the Town of Halfmoon
with monies equal to the cost of constructing the trail.
[Amended 6-3-2015 by L.L.
No. 6-2015]
F. The applicant will also provide improvements to Fellows Road from
the intersection of Route 236 to the entrance of the project, including
the widening of the roadway and intersection improvements as indicated
by a future traffic study.
G. The applicant will provide both congregate living and detached senior
apartment units at a rate equaling between $250 and 300 less per month
than typical market rate.
H. The applicant will also agree to work with the Town and the developers
of the proposed Swatling Falls and Glen Meadow PDDs to contribute
his 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.
I. The applicant will also be donating the property located at 83 Harris
Road, Tax Map No. 279.-3-5, for utilization by the Town of Halfmoon
in a manner deemed appropriate by the Town Board of the Town of Halfmoon.
J. Based upon the studies conducted by the Town, including but not limited
to the Townwide 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.
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/site
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 Falcon Trace 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 Falcon Trace 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 Falcon Trace Planned
Development District has not begun or if, after construction has begun,
substantial progress, weather permitting, is not continued without
interruption.