[Adopted 2-7-2018 by L.L.
No. 3-2018]
This Local Law shall be known and may be cited as "Local Law
No. 3, 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 "Creekview Estates 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 "Creekview Estates Planned Development
District."
The area comprising said Creekview Estates Planned Development
District consists of approximately 95.83 acres located along Upper
Newtown Road (County Route 86), approximately 1/2 mile east of New
York State Route 146 as depicted on the map entitled "Creekview Estates
Subdivision," dated February 10, 2017, with a last revised date as
it relates to trails of January 24, 2018, which is attached hereto
and made a part hereof as Exhibit A.
There shall be constructed within the area of said Creekview
Estates Planned Development District a project generally consistent
with the site plan dated February 10, 2017, last revised as it relates
to trails of January 24, 2018, prepared by MJ Engineering and Land
Surveying, P.C., consisting of a maximum of 70 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 applicant hereby acknowledges and reaffirms their obligations
contained in the memorandum of agreement between the Town of Halfmoon,
Beason Homes, LLC, Abele Builders, Inc., and Bruce Tanski Construction
& Development Company, LLC, regarding highway improvements in
the Town of Halfmoon.
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
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
$105,000. These fees are subject to any increase approved by the Town
Board.
D. The project site will require a Water District Extension Agreement.
The applicant agrees to enter into that agreement as a condition of
the approval of the planned development district. 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.
Therefore, the applicant will be responsible for connection fees for
a maximum of 70 lots equaling a maximum of $105,000. 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 MJ Engineering and Land Surveying,
P.C. 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 Creekview Estates 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 Creekview Estates
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. In an effort to provide a direct positive impact on the immediate
area, the applicant shall pay $2,000 per unit for a total contribution
of $140,000 to be used towards general highway improvements. This
amount shall be over and above any monies contributed by the applicant
pursuant to the memorandum of agreement between the Town of Halfmoon,
Beason Homes, LLC, Abele Builders, Inc., and Bruce Tanski Construction
& Development Company, LLC, regarding highway improvements in
the Town of Halfmoon.
C. The applicant shall also provide a trail connection from Swatling
Falls thru Creekview Estates in a manner, location and design acceptable
to the Planning Board during subdivision review and consistent with
the Conceptual Trail Alignment Plan prepared by MJ Engineering and
Land Surveying, P.C., last revised January 24, 2018. The trail shall
be completed prior to the issuance of the 35th certificate of occupancy
for the project.
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 Creekview Estates 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 Creekview Estates 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 Creekview Estates
Planned Development District has not begun, or if, after construction
has begun, substantial progress, weather permitting, is not continued
without interruption.