[Adopted 10-1-2014 by L.L. No. 5-2014]
This local law shall be known and may be cited as "Local Law
No. 5-2014, 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 "Linden Village Planned Development District."
Local No. 5-1995, 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 "Linden Village Planned Development
District."
The area comprising said Linden Village Planned Development
District consists of approximately 38.8 acres, Tax Map Parcel Number
284-1-46.2, and is located adjacent to and westerly from Dunsbach
Road approximately 1/2 of a mile north from Crescent-Vischer Ferry
Road in the 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 designated area of said
Linden Village Planned Development District, a maximum of 48 single-family
lots, together with necessary infrastructure and improvements in general
conformity with the subdivision plan entitled "Proposed Lane Use Plan,
Linden Village PDD" Dwg. C-1, dated June 2014, revised June 25, 2014,
prepared by Ivan Zdrahal Associates, PLLC, 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 designated area of the planned development
district shall front on the Town road and shall have a minimum lot
size of 10,000 square feet with a minimum distance of 20 feet between
the houses. Each lot will have a minimum thirty-foot front yard setback;
a minimum lot width at the front setback line of 60 feet; a minimum
side yard setback of five feet; and a minimum rear yard setback of
20 feet. The Planning Board shall have authority to require a greater
setback where appropriate. The maximum density in the PDD is 1.8 units
per acre.
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 land use plan dated June of 2014.
Sanitary sewer service shall be provided in general conformance
with the plans as set forth by Ivan Zdrahal Associates. All sewer
mains and appurtenants 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 Linden Village Planned Development
District will be provided by the extension of existing water mains
in the vicinity of the parcel and as approved by the Town Engineer
and Water Department.
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 review process. The applicant shall offer to the Town of Halfmoon
the stormwater management area for dedication to the Town of Halfmoon
upon request by the Town and shall post a one-year maintenance bond
or letter of credit upon making the dedication. In the event that
the dedication of the stormwater management area and any other areas
proposed for dedication are not accepted by the Town of Halfmoon,
the applicant shall be responsible for the periodic maintenance and/or
repair of the system to the Town of Halfmoon at no cost to the Town
of Halfmoon.
A. All utilities, roads and/or streets within the Linden Village Planned
Development District shall be constructed by the applicant in accordance
with the specifications approved during subdivision plan review. Approximately
2,500 feet of roadway shall be constructed. The roads shall be offered
to the Town of Halfmoon for dedication to the Town. The applicant
shall post a five-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. The applicant, upon approval of the Planning
Board, may develop and offer for dedication such utilities, roads
and/or streets in phases. No building permits for the construction
of any structure may be issued by the Town prior to acceptance by
the Town and filing of all required deeds, maps and documents for
the dedication of all such utilities, roads and/or streets for the
project or in phases of the project according to a phasing plan approved
by the Planning Board.
B. In an effort to provide a direct positive impact on the immediate
area, the applicant shall include a land preservation area of 21.14
acres with a common area, lawn and trail to be maintained by the homeowners'
association. The trail shall be constructed in accordance with the
Town's Trails Master Plan, to Town standards, and shall be available
for public use. The trail shall be completed prior to the issuance
of the fifth certificate of occupancy.
C. Based upon the studies conducted by the Town, including but not limited
to the Town-wide 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
building permits.
D. The homeowners' association shall also be responsible for maintaining
the emergency access road which shall be constructed as set forth
in the plans dated June 2014, revised on June 25, 2014.
E. The applicant shall also be responsible for the construction of a
westbound turning lane at the intersection of Dunsbach Road and Crescent
Vischer Ferry Road. The applicant shall also be responsible for the
improvements to the existing drainage facilities as detailed in the
map entitled "Drainage Pattern Map 1-87 to Dunsbach Road," dated July
2014, by Ivan Zdrahal Associates, PLLC. The applicant acknowledges
that the size of the culverts shall be designed by a duly licensed
engineer and approved by the Town Engineer as the project proceeds.
These projects shall be completed prior to the issuance of the first
certificate of occupancy.
F. The applicant shall also be responsible for clearing vegetation along
Dunsbach Road to improve traffic safety by enhancing sight distance.
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
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 Linden Village Planned Development District
shall comply with the requirements established by the Town of Halfmoon
Planning Board during subdivision plan 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 Linden Village 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 Linden Village Planned
Development District has not begun, or if, after construction has
begun, substantial progress, weather permitting, is not continued
without interruption.