[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,[1] attached hereto and made a part hereof.
[1]
Editor's Note: Said exhibit is on file in the Town offices.
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[1] 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.[2] 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.
[1]
Editor's Note: Said exhibit is on file in the Town offices.
[2]
Editor's Note: Said exhibit is on file in the Town offices.
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.