[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.
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.