[Adopted 8-4-2010 by L.L. No. 3-2010]
[1]
Editor's Note: See also Art. XXXIV, Arlington Heights Planned Development District.
This local law shall be known and may be cited as 3-2010, 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, a planned development district known as "Arlington Heights Planned Development District Phase II."
The area comprising said Arlington Heights Planned Development District Phase II, consisting of approximately 26.83 +/- acres in the Town of Halfmoon is bounded and described as set forth in Exhibit A attached hereto and made a part hereof.
[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 Arlington Heights Planned Development District Phase II a project generally consistent with the preliminary development plan dated July 13, 2009, last revised April 21, 2010, and made by Environmental Design Partnership, LLP, consisting of a maximum of 27 single-family residential building lots. The plan proposes 26 single-family lots in the Phase II area and one additional lot once the hammerhead turnaround in Phase I is removed, each to be improved by construction of a single-family residence together with the necessary infrastructure and utilities to support the development, stormwater management area, zone buffers and improvements appurtenant thereto in general conformity with the plan dated July 13, 2009, last revised April 21, 2010, attached herewith as Exhibit B and in general conformity with the Zoning Ordinance of the Town of Halfmoon with relation to planned development districts.
A. 
Before application is made for any building permit, preliminary and final subdivision approval shall be obtained from the Planning Board of the Town of Halfmoon, and the final subdivision plat shall be signed by all governmental entities having jurisdiction thereof and filed either in total or in phases as approved by said Planning Board in the Saratoga County Clerk's office. The exact location and size of lots, roadways, buffer zones, green space and other related matters may be changed, altered or amended during the Town of Halfmoon Planning Board subdivision approval process in a manner generally consistent with the preliminary development plan dated July 13, 2009, last revised April 21, 2010, as detailed herein.
B. 
The planned development district shall contain a maximum of 27 single-family residences with approximately 1,700 +/- linear feet of new roads, stormwater management areas and payment of recreation fees in lieu of park land. The minimum lot size shall be 10,000 square feet. The applicant has volunteered to pay an additional $2,000 in unrestricted funds to be utilized by the Town Board of the Town of Halfmoon as it deems appropriate to mitigate the cumulative impacts of the project and to achieve the goals of public benefit of the Town as determined by the Town Board in its sole and absolute discretion. Those payments will be made prior to the issuance of a building permit. In addition to the fees noted above, recreation fees will also be paid on a per-lot basis.
C. 
There will be approximately 17 acres to be designated as common areas, dedicated to and owned by a homeowners' association (HOA) to be formed for that and other purposes.
D. 
The project density will be 1.7 units per acre. The setback for the proposed structures from the nearest single-family property line abutting the project site will be determined during subdivision plan review by the Planning Board. Setbacks within the PDD shall include a front yard setback of 35 feet, side yard setback of 10 feet and rear yard setback of 25 feet. The height of the structures will be 35 feet maximum.
E. 
The main access to the property will be through Arlington Heights Phase I. There will be a forty-four-foot right-of-way with an eight-foot utility easement..
F. 
A detailed stormwater management plan will be developed during the subdivision approval process. The applicant or the HOA shall retain title to the stormwater management area as shown on the final subdivision plat for a period of one year after completion of site improvements and certification by the Town Engineers of their adequacy. Upon expiration of said one year period and certification by the Town Engineers, the applicant shall offer the stormwater management area for dedication to the Town if requested by the Town pursuant to § 166-755 hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer.
G. 
Existing vegetation is to remain and act as a natural buffer between Phase I and Phase II. A vegetated berm shall be placed by the applicant where vegetation does not exist.
H. 
Pursuant to the SEQRA negative declaration, issued in September of 1999, the creation of the Arlington Heights Planned Development District was determined to meet the intent of the Town of Halfmoon Zoning Law regarding planned development districts. The plan has not been modified greatly since the SEQRA negative declaration was filed.
All buildings shall be designed and constructed in strict compliance with New York State Uniform Fire Prevention and Building and Construction Code. The construction of all buildings shall be subject to the inspection and approval of the Building Inspector of the Town of Halfmoon and Fire Marshal thereof.
A building permit shall be issued for any building in the district only upon filing of the final subdivision plat, in phases as approved by the Planning Board, with all required governmental approvals affixed thereto, in the Saratoga County Clerk's office.
All utilities, roads and/or streets to be constructed pursuant to this local law shall be constructed pursuant to specifications for the construction of Town utilities and highways in the Town of Halfmoon, except for roadway widths and type of curbing, and shall be subject to construction inspection pursuant to the Zoning and Planning Ordinances of the Town, and shall be dedicated to the Town at the Town's discretion with appropriate proof of ownership, maintenance and/or construction bonds or letter of credit, and title insurance in an amount approved by the Town Attorney.
Approval of the State Department of Health and Town Engineer will be obtained for the water system, as appropriate.
All improvements shall be designed and constructed pursuant to plans and specifications approved by a duly licensed architect or engineer and in strict compliance with the New York State Uniform Fire Prevention and Building and Construction Code. The 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 contingent upon the applicant's obtaining all such other necessary approvals. The architect or engineer performing the work herein described shall be employed by and at the expense of the developer. All construction during performance thereof and upon completion shall be subject to the inspection and approval of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
A. 
Upon satisfactory completion and connection in accordance with the requirements of the appropriate state agencies, all sewage facilities, including mains and manholes for the project site, shall be offered to Saratoga County Sewer District No. 1 at no cost to said district with delivery to said Saratoga County Sewer District No. 1 of duly executed deeds, easements and bills of sale, as appropriate, together with easements for the maintenance, repair and replacement of all those portions of the system which lie outside the limits of the dedicated streets.
B. 
Sanitary wastewater disposal will be achieved by construction of a wastewater pumping station within the site connecting it to gravity sewer system and the Farm to Market Road. This subdivision is in the Central Halfmoon Sewer Corporation service area, and an agreement will be necessary between the applicant and the Central Halfmoon Sewer Corporation.
In the event that dedication of the stormwater management area and any other areas proposed for dedication is not accepted by the Town, the applicant shall dedicate same to the homeowners' association, which shall be responsible for the periodic maintenance of all areas and facilities not accepted by the Town. The specific portions of the project site for possible conveyance to the homeowners' association shall be determined during the subdivision approval process. In the event the Town does not accept any areas proposed for dedication, with respect to all those portions of the stormwater management facilities, including pipes, catch basins, manholes and retention areas, which lie outside the limits of dedicated streets, easements for emergency maintenance and/or repair of the system shall be conveyed to the Town of Halfmoon at no cost to the Town of Halfmoon if requested by the Town of Halfmoon at any time.
Any signs within the district shall comply with the requirements established by the Planning Board during subdivision approval.
Cast and/or poured-in-place concrete curbing will be used to form the storm drainage gutters within the street cross-section. Proposed Road A will have a right-of-way of 44 feet. A ten-foot-wide landscaped boulevard entrance with sixteen-foot-wide drive a isles on either side will be constructed at the site's entrance for a length of 230 +/- feet from the right-of-way of Farm to Market Road. A typical pavement section of 28 feet with poured-in-place or pre-cast concrete curb for proposed Roads B and C and a portion of Proposed Road A. The circle, landscape islands and boulevards shall also have concrete curbing. All improvements except for the roadways shall be maintained by the homeowners' association to be created. Cast and/or poured-in-place concrete sidewalks will be constructed adjacent to the roadways, with an easement on the lots outside of the road right-of-way, also to be maintained by the homeowners' association. Ornamental lighting and street tree plantings are proposed along the public road with a five-foot-wide pedestrian sidewalk along proposed public roads.
Membership in the homeowners' association will be mandatory for each residence constructed within the development. The homeowners' association will be responsible for the ownership, operation and maintenance of all common areas, landscape and maintenance of all landscape islands within the Town's right-of-way, maintenance of all streets, trees, sidewalks and lawn care of each residential lot.
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.
A. 
Before application is made for any building permit, preliminary and final site 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 detailed herein.
B. 
The project is within the North Halfmoon GEIS. The site has been created to conform in theory with the statements and recommendations of the GEIS.
C. 
Additionally, the applicant will contribute $3,766 in mitigation costs for each and every one of the 27 units to mitigate the cumulative impacts of the project on the GEIS study area as is required within the GEIS for GEIS parcels. The applicant is aware and has consented to be responsible for paying the GEIS fees as approved by the Town Board at the time the applicant files for building permits and shall be responsible for any increase in fees as adopted by the Town Board. The numbers set forth herein represent the current fees but the amount may increase prior to development of the property, and the applicant hereby consents to being responsible for any increase in the fees. The payments will go directly to the GEIS fund as follows:
(1) 
Water: 27 EDUs x $1,150/EDU = $40,500.
(2) 
Sewer: 27 EDUs x $780/EDU = $21,060.
(3) 
Culverts: 27 EDUs x $65/EDU = $1,755.
(4) 
Traffic: 27 EDUs x $970/EDU = $26,190.
(5) 
GEIS Prep: 27 EDUs x $31/EDU = $837.
(6) 
Open Space: 27 EDUs x $420/EDU = $11,340.
(7) 
Total: $3,766/EDU x 27 EDUs = $101,682.
D. 
The applicant is aware and has consented to be responsible for any increase in fees as approved by the Town Board prior to the obtaining of a building permit for a lot.
A. 
This local law shall take effect upon being filed in the Office of the Secretary of State and the Office of the Comptroller as provided in the Town Law and/or Municipal Home Rule Law.
B. 
The Town Board may, upon the request of the then owners of the site, modify any of the provisions of this local law upon such terms as the Town Board shall determine to be reasonable.
C. 
This local law shall be deemed automatically revoked and void, and the previous regulations shall apply, if within three years from the approval of the Town Board 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 Arlington Heights PDD has not begun, or if, after construction has begun, substantial progress, weather permitting, is not continued without interruption.
D. 
The Town Board may extend or modify this provision as it deems fit without the need for any additional public hearing.