[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[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 A.
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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."[1]
These procedures will be followed at no cost to the Town of Halfmoon.
[1]
Editor’s Note: Said documents are on file in the Town’s offices.
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.