[Adopted 12-1-2009 by L.L. No. 5-2009]
This local law shall be known and may be cited as "Plant Road Residential 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 Plant Road Residential 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 "Plant Road Residential Planned Development District."
The area comprising said Plant Road Residential Planned Development District consists of approximately 53.85 acres, Tax Map Parcel Nos. 272.-3-25.1 and 272.-3-25-21, and is located on both sides of Plant Road approximately 3/4 of a mile from the Route 146 intersection with Plant 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's offices.
There shall be constructed within the area of said Plant Road Residential Planned Development District a project generally consistent with the subdivision plan entitled "Subdivision of Plant Road PDD" by The Environmental Design Partnership, consisting of a maximum of 110 townhome units and 40 condominiums for those 55 and over, together with the necessary infrastructure and improvements in general conformity with the site plan, 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 off 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 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 subdivision plan.
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 Plant Road Residential 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 a total of $225,000 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 Plant Road Residential 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 provide a loop for the water system by extending the existing waterline from the intersection of Plant Road and Nadeau Drive north to the Old Plant Road intersection. This will serve to improve water pressures in the area.
C. 
The applicant will also provide a one-hundred-foot no-cut buffer to the existing orchard with a stockade-style fence along the southern property line. All deeds for the development will include language advising the purchasers that there is an agricultural operation adjacent to the PDD and that the operation will include the sounds, sights and odors associated with such an operation.
D. 
The applicant shall also provide improvements to the Plant Road/Old Plant Road intersection by removing the two existing individual approaches and creating a "T" intersection. The applicant shall also improve the Plant Road/Route 9 intersection by placing designated turning lanes that would extend from Marina Drive to the Route 9 intersection. The right lane, as you approach Route 9, will be designated as a dual straight/right-turn lane and the left lane will be for left turns only at the existing traffic light.
E. 
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.
F. 
The homeowners' association shall also be responsible for owning and maintaining the proposed open space and common areas, including the proposed clubhouse, site lighting, signage, and common areas.
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 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 Plant Road Residential 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 Plant Road Residential 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 Plant Road Residential Planned Development District has not begun or if, after construction has begun, substantial progress, weather permitting, is not continued without interruption.