In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the governing Town Board of the Town of
North Greenbush has the authority to enact local laws and amend local
laws for the purpose of promoting the health, safety or general welfare
of the Town of North Greenbush and for the protection and enhancement
of its physical environment through the use of land use controls of
developments and zoning. The Town Board may include in any such local
law provisions for the appointment of any municipal officer, employees,
or independent contractor to effectuate, administer and enforce such
local law.
This Article XXIX shall be known as "Town of North Greenbush Local Law No. 4-2010" and amends the Town of North Greenbush Zoning Code to provide for the creation of the Partridge Hill Apartments II PBD Zoning District.
The boundary of the Partridge Hill Apartments II PBD Zoning
District is established as being Tax Map Parcel No. 133-2-1.132 and
part of 133-2-1.131 on the 2010 Tax Assessment Rolls of the Town of
North Greenbush, consisting of approximately nine acres.
A.
The Partridge Hill Apartments II shall be developed for a maximum
of 104 units of apartments, located in four-three story structures
as per Exhibit A, Partridge Hill Apartments II, dated March 2008,
as prepared by ABD Engineers & Surveyors, and attached hereto
as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
B.
In the event that the Partridge Hill Apartments II development does
not occur, any future development shall conform to all requirements
of the PBD Zone regulations and shall be limited to residential uses.
A.
For development of the Partridge Hill Apartments II:
A.
A minimum of 1.5 off-street parking spaces per unit shall be provided.
(Parking spaces may be in a garage or in surface lots.)
B.
An additional total of 0.5 space per unit of off-street parking spaces
shall be provided, for guests and visitors.
C.
Each parking space shall be a minimum of nine feet wide by 18 feet
in depth for a total of 162 square feet for outside parking.
D.
The residents shall be prohibited from utilizing exterior parking
areas for storage or parking of recreational vehicles, motor homes,
trailers, boats, unregistered vehicles or other items deemed unacceptable
by the Town of North Greenbush Building Department.
E.
Internal garage spaces shall not be used for storage of any materials.
Only parking of registered vehicles shall be allowed.
All roadways shall be designed as privately maintained access
and parking area and constructed in accordance with the specifications
as noted on Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
A.
All buildings of the Partridge Hill Apartments II shall be serviced
with public water and public sanitary sewers installed in accordance
with plans approved by the Town Engineer and the Rensselaer County
Health Department.
B.
All public water and public sanitary sewers shall be constructed
in accordance with the Town of North Greenbush standards and as hereinafter
noted.
C.
All public water and public sanitary sewers improvements, except
as hereinafter noted, shall be deeded to the Town of North Greenbush
for future operation and maintenance. Easements shall be provided
for all water and sewer lines.
D.
All water laterals shall be the responsibility of the property owner
from the main line to the structure.
E.
All sanitary sewer laterals shall be the responsibility of the property
owner from the main line to the structure.
F.
A water permit (including water meter assembly and pressure-reducing
valve) and sanitary sewer permit shall be obtained from the Town of
North Greenbush Utilities Department for each structure.
G.
A gravity sanitary sewer system to service the entire Partridge Hill
Apartments II shall be installed in accordance with Town of North
Greenbush standards and as herein noted.
H.
This new gravity sanitary sewer system shall be connected to an existing
manhole in the Rensselaer County Sewer District No. 1 system located
on Valley View Boulevard. Authorization from Rensselaer County Sewer
District No. 1 to connect to this manhole shall be obtained by the
developer prior to construction.
I.
The sanitary sewer system shall be eight-inch SDR-26 PVC pipe, precast
concrete manholes and eight-inch high, heavy-duty, twenty-four-inch
diameter vented manhole castings installed in accordance with plans
approved by the Town Engineer and the Rensselaer County Health Department.
A.
The stormwater management system shall be designed to comply with
the current NYSDEC stormwater regulations and the Town of North Greenbush
local laws.
B.
A complete stormwater pollution prevention plan (SWPPP) shall be
submitted to the Town Engineer for approval prior to any construction
being started at the site.
C.
The Town Engineer shall approve the stormwater management system
design. The design shall allow for easy maintenance and mowing.
D.
All stormwater ponds shall be fenced with a four-foot-high, heavy-duty,
black-vinyl-clad, chain-link fence with access gates as approved by
the Highway Superintendent.
E.
The stormwater management system shall remain privately owned and
maintained by the apartment complex owners.
A.
All buildings shall be constructed or clad with material that is
durable, economically maintained and of a quality that will maintain
its appearance over time.
B.
Elevations and floor plans of the residences shall be as per the
attached Exhibits B-1 and B-2, Building Elevations Partridge Hill
Apartments II, dated November 2009, prepared by the Clover Group.[1] These exhibits represent a generalized style of the buildings,
and the Building Department Coordinator shall review any changes to
this design. Any substantial changes shall be referred to the Planning
Board for final approval.
[1]
Editor's Note: Exhibits B-1 and B-2 are on file in the Town
offices.
C.
No more than one accessory building or shed shall be allowed in the
Partridge Hill Apartments II, to be used to store maintenance equipment
for the complex.
D.
Landscaping for each structure shall be as per the attached Exhibit
A, Partridge Hill Apartments II, dated March 2008, as prepared by
ABD Engineers & Surveyors. Any changes shall be submitted to the
Town Engineer for approval prior to installation. Any substantial
changes shall be referred to the Planning Board for final approval.
E.
Landscaping for the entrance along Valley View Boulevard shall be
as per the attached Exhibit A, Partridge Hill Apartments II, dated
March 2008, as prepared by ABD Engineers & Surveyors. Any changes
shall be submitted to the Town Engineer for approval prior to installation.
Any substantial changes shall be referred to the Planning Board for
final approval.
F.
Refuse storage areas shall be enclosed in fenced structures.
A.
A sidewalk shall be constructed in the Valley View Boulevard right-of-way
to connect Partridge Hill Apartments II as per the attached Exhibit
C, Sidewalks, Partridge Hill Apartments II, dated November 2009, prepared
by ABD Engineers & Surveyors.[1]
[1]
Editor's Note: Exhibit C is on file in the Town offices. Any
changes shall be submitted to the Town Engineer for approval prior
to installation. Any substantial changes shall be referred to the
Planning Board for final approval.
B.
A per-unit green space/recreation fee of $600 shall be paid at the
time the individual building permits are issued for each structure.
C.
There shall be at least one common mailbox/newspaper box facility
for all residences to pick up their mail and newspapers. This facility
shall be attractively landscaped and located near the front of the
project site and be served by at least four unassigned off-street
parking spaces.
A.
A work permit shall be issued for the site work (grading and infrastructure),
all in accordance with the Town of North Greenbush Building Department's
fees and procedures.
B.
Individual building permits shall be issued for each structure, all
in accordance with the Town of North Greenbush Building Department's
fees and procedures.
C.
Prior to the start of any construction, a preconstruction meeting
shall be held to review all aspects of the project. Shop drawings
shall be approved by the Town Engineer prior to being installed in
the construction of any infrastructure to be dedicated to the Town.
D.
An escrow account shall be established by the developer, prior to
the start of site work, with the Town of North Greenbush to provide
for engineering review, observation and oversight by the Town of North
Greenbush personnel/consultants on all public utilities to be dedicated
to the Town. The amount of such escrow account shall be subject to
review from time to time during the construction activities to make
sure that a sufficient balance is maintained to cover the costs for
the engineering review and oversight.
E.
Site work and construction may take place between 7:00 a.m. to 7:00
p.m., Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturdays,
without prior written approval from the Town of North Greenbush Building
Department.
F.
No site work or construction shall take place on any Sunday, Christmas
Day or New Year's Day.
G.
A project progress committee shall be established at the preconstruction
meeting, consisting of the Building Inspector, Planning Board Chairman,
Fire Marshal, Utilities Department Supervisor, Town Engineer and the
developer's representative. The purpose of this committee would be
to review and authorize minor changes to the approved site plan prior
to construction being allowed on these minor changes.
H.
The developer shall be responsible to submit to the Town Engineer
an acceptable as-built set of plans for all infrastructure to be dedicated
to the Town.
A.
All signage shall comply with the Town of North Greenbush signage
regulations.
B.
Two landscaped entrance-type signs identifying the Partridge Hill
Apartments II or future designated project name shall be allowed,
one at each entranceway off Valley View Boulevard.
C.
The entrance signs shall be designed as a "nonhazardous roadside
obstacle" type sign and shall be located outside of the public rights-of-way.
D.
The entrance sign shall be submitted to the Town of North Greenbush
Planning Board for approval prior to installation.
E.
All traffic control signs for the Partridge Hill Apartments II shall
be in accordance with the NYSDOT Manual of Uniform Traffic Control
Devices.
F.
Stop signs shall control traffic exiting the site onto Valley View
Boulevard.
G.
No-parking signs shall be installed as per the direction of the Fire
Marshal throughout the site.
A.
Prior to the subdivision plat being signed by the Planning Board
Chairman for the Partridge Hill Apartments II, a subdivision plat
and site plan, in substantial compliance with this Part XXIX and the
exhibits attached hereto, shall be submitted and approved after a
public hearing by the Town of North Greenbush Planning Board.
B.
Prior to issuance of a work permit by the Town of North Greenbush
Building Department, the following conditions shall be complied with:
(1)
All final Planning Board and engineering comments shall be addressed
on the site plan.
(2)
All necessary approvals for the public water and sanitary sewer
shall be obtained.
(3)
All necessary agreements shall be executed with the Town of
North Greenbush as required.
(4)
All necessary performance bonds and security agreements shall
be filed with the Town of North Greenbush.
(5)
Funding of the appropriate engineering review, observation and
oversight escrow shall be established with the Town of North Greenbush
Comptroller.
(6)
Payment of all municipal review fees.
(7)
The approved subdivision plat shall be signed by the Planning
Board Chairman and filed in the Rensselaer County Clerk's office.
Traffic mitigation fees, to be used for the design and/or construction
of improvements to the NYS Route 4 and Valley View Boulevard intersection
in the amount of $1,500 per unit shall be paid by the developer of
the Partridge Hill Apartments II to the Town of North Greenbush within
60 days from the date of final site plan approval by the Town of North
Greenbush Planning Board.
