[Adopted 9-21-2016 by L.L. No. 8-2016]
This local law shall be known and may be cited as Local Law
No. 8 of 2016, 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 "The Kensington at Halfmoon Phase II 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 "The Kensington at Halfmoon
Phase II Planned Development District."
The area comprising said The Kensington at Halfmoon Phase II
Planned Development District consists of approximately 17.39 acres,
Tax Map Parcel Nos. 284.2-1-2, 284.2-1-3, 284.2-1-4, 284.2-1-5, 284.2-1-6,
284.2-1-7, 284.2-1-8, 284.2-1-9, 284.2-1-10, 284.2-1-11 and is located
on the south side of Stone Quarry Road, just west of Route 9 in the
Town of Halfmoon, County of Saratoga, State of New York.
There shall be constructed within the area of said The Kensington
at Halfmoon Phase II Planned Development District a project generally
consistent with the site plan last revised August 9, 2016, prepared
by Environmental Design Partnership, LLP, entitled The Kensington
at Halfmoon, consisting of six apartment buildings with 60 total units,
together with the necessary infrastructure and improvements in general
conformity with the site plan last revised August 9, 2016, attached
hereto as Exhibit A 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 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. 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, last revised August 9, 2016.
A. Sanitary sewer service shall be provided in general conformance with
the Environmental Design Partnership report. Sanitary sewer service
shall be achieved by connecting to the Saratoga County Sewer District
#1 located across Stone Quarry Road at the Kensington I PDD site.
B. 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.
A. Potable water service for the Kensington at Halfmoon Phase II Planned
Development District will be provided by tying into the line that
was installed at the time of the Kensington I PDD site.
B. The project is not currently within nor is it served by any existing
water district. The project is anticipated to be served by the Town
of Halfmoon Municipal Water Supply by reason of an agreement for extension
of Town of Halfmoon Consolidated Water District to be entered into
between the applicant and the Town upon terms and conditions acceptable
to the Town Board. The execution of that agreement for extension of
Town of Halfmoon Consolidated Water District is a condition precedent
to any construction, building permits, or development within the site.
As part of the agreement for the extension of water to the site, the
applicant will be required to extend existing water mains in the vicinity
of the parcel per approval of 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 site
plan review process. The applicant shall retain title to the stormwater
management areas, as shown on the final site plan, and shall be responsible
for the maintenance of all such areas and facilities. The applicant
shall offer to the Town of Halfmoon the stormwater management area
for dedication to the Town of Halfmoon if requested 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.
All utilities, roads and/or streets within the Hudson Ridge
Planned Development District shall be constructed by the applicant
in accordance with the specifications approved during site plan review
and shall remain private.
A. The road improvements will be reviewed and approved by the Town Engineer,
and if applicable, New York State Department of Transportation.
B. 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.
C. The applicant will be paying $1,500 per-unit fee as a public benefit
associated with the PDD. The payments shall be made at the time of
the issuance of each building permit based upon the number of units
in the building being permitted.
D. The applicant will comply with the blasting plan as detailed in the
Kensington at Halfmoon Phase II Capital District Properties/Richbell
Capital Proposed Blasting Procedures which are attached hereto and
made a part hereof as Exhibit "B."
These procedures will be followed at no cost to the Town of
Halfmoon.
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 site
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 Kensington at Halfmoon Phase II Planned Development
District shall comply with the requirements established by the Town
of Halfmoon Planning Board during site plan review. The architect
or engineer performing the work herein described shall be employed
by and at the expense of the developer.
The Town of Halfmoon Town Board may, upon the request of the
then owner of the Kensington at Halfmoon Phase II 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 amendment shall be deemed automatically revoked and void,
and the previous statutory regulations shall apply, if, within three
years from the effective date of this amendment to the local law,
completion of commencement of the construction of the Kensington at
Halfmoon Phase II Planned Development District has not begun or if,
after construction has begun, substantial progress, weather permitting,
is not continued without interruption.