[Adopted 11-15-2017 by L.L. No. 2-2018]
This Local Law shall be known and may be cited as "Local Law
No. 2, 2018, 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 "Pinebrook Hills Planned Development District."
Local Law 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 "Pinebrook Hills Planned Development
District."
The area comprising said Pinebrook Hills Planned Development
District consists of approximately 90.3 acres located adjacent to
and westerly from Farm to Market Road, approximately 1.4 miles northeast
from the intersection of Farm to Market Road and NYS Route 9 as depicted
on the map entitled “Development Plan - Pinebrook Hills PDD,”
dated January 2017 with a last revised date of October 10, 2017, which
is attached hereto and made a part hereof as Exhibit A.
There shall be constructed within the area of said Pinebrook
Hills Planned Development District a project generally consistent
with the site plan dated January 2017, last revised October 17, 2017,
prepared by Ivan Zdrahal Associates, PLLC, consisting of a maximum
of 66 single-family homes, together with the necessary infrastructure
and improvements in general conformity with the aforementioned site
plan 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
B.
A. 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 Exhibit A.
B. The project is within the North Halfmoon GEIS. The site has been
created to conform in theory with the statements and recommendations
of the GEIS.
C. Additionally, the applicant will contribute $3,635 in mitigation
costs for each and every one of the 66 units to mitigate the cumulative
impacts of the project on the GEIS study area as is required within
the GEIS for GEIS parcels. The payments will go directly to the GEIS
fund as follows:
Water = 66 EDU x $1,830/EDU = $120,780
|
Culverts = 66 EDU x $79/EDU = $5,214
|
Traffic = 66 EDU x $1,183/EDU = $78,078
|
GEIS Prep. = 66 EDU x $31/EDU = $2,046
|
Open Space = 66 EDU x $512/EDU = $33,792
|
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TOTAL = 66 EDU x $3,635/EDU = $239,910
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D. The applicant is aware and has consented to be responsible for any increase in fees as approved by the Town Board prior to the obtaining of a building permit for a lot. Similarly, the applicant hereby acknowledges that they are responsible for the fees as established by the Town Board, including any increases, on the date that the fees are due, regardless of what the fees were at the time of the application, approval, or at issuance of building permit. If the applicant constructs improvements which are identified in the GEIS, the applicant is entitled to a credit against the above fees in an amount equal to the cost of those improvements as determined by the Town Engineer and approved by the Town (see §
166-856 for the specific GEIS improvements proposed, the estimated costs for those improvements and the resulting GEIS fee credits anticipated). Request for said credit must be made as part of the request for final subdivision approval to the Planning Board and if approved, should be so noted in the approval resolution.
E. 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
certificates of occupancy. Recreation fees will therefore be paid
on a per-lot basis in the amount of $1,500 per lot for a total of
$99,000. These fees are subject to any increase approved by the Town
Board.
F. The project site is the subject of a Water District Extension Agreement
that was previously approved by the Town Board of the Town of Halfmoon
associated with the original subdivision of the lands of Klersy (known
as "The Meadows at Halfmoon"). The project will 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 the subdivision approval and any construction, building permits,
or development within the subdivision site. In addition to the improvements
noted above, water connection fees will be paid on a per-lot basis
in the amount of $1,500 per lot. The previously approved subdivision
located on this parcel proposed construction of 49 lots. That applicant
paid the Town of Halfmoon $73,500 for connection fees for those lots.
Therefore, the current applicant will only be responsible for connection
fees for 17 additional lots equaling $25,500. These payments will
be phased as outlined in the Water District Extension Agreement.
Sanitary sewer service shall be provided in general conformance
with the plans noted above prepared by Ivan Zdrahal Associates, PLLC.
Final plans and profiles for same shall be provided as part of the
final subdivision plans to be reviewed and approved by the Planning
Board and all applicable county and state agencies. 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.
Potable water service for the Pinebrook Hills 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
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 Pinebrook Hills Planned
Development District shall be constructed by the applicant in accordance
with the specifications approved during subdivision review. The roads
shall be offered to the Town of Halfmoon for dedication to the Town.
The applicant shall post a two-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.
B. Water main.
(1)
In an effort to provide a direct positive impact on the immediate
area, the applicant shall construct and install 2,000 linear feet
of twelve-inch water main along Staniak Road north from Bent Grass
to serve current residents in need of water. The PDD itself could
be served by extending an eight-inch waterline to the site. Pursuant
to the Water District Extension Agreement, several upgrades will be
made to the system as part of the Pinebrook Hills Planned Development
District. First, the new waterline extension from Angle Lane to the
project will be upgraded to a twelve-inch line. Second, the twelve-inch
line will be extended south to Moreland Drive to connect to an existing
waterline providing a loop to improve the entire system. The applicant
shall receive a credit towards GEIS fees due for the installation
of this line as it is identified as needed infrastructure in the Northern
Halfmoon GEIS.
(2)
Request for credit based upon the final design of the subdivision
and waterline shall be made as part of the request for the final subdivision
approval and, if approved, shall be so noted in the approval.
(3)
No certificates of occupancy nor more than five building permits
shall be issued until the water main described herein has been installed
to the satisfaction of the Halfmoon Director of Water and in accordance
with the proposed plans submitted by Ivan Zdrahal Associates, PLLC.
Any issuance of building permits shall be in compliance with the road
dedication procedures for the Town of Halfmoon.
C. As a condition of the PDD approval, the applicant has agreed to dedicate
land to the Town of Halfmoon at the end of Angle Lane to allow for
installation of a needed cul-de-sac/turnaround to benefit the Highway
Department and enhance public safety.
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 Pinebrook Hills Planned Development District
shall comply with the requirements established by the Town of Halfmoon
Planning Board during subdivision review. The architect or engineer
performing the work herein described shall be employed 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 Pinebrook Hills 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 Pinebrook Hills Planned
Development District has not begun, or if, after construction has
begun, substantial progress, weather permitting, is not continued
without interruption.