[Adopted 7-18-2018 by L.L. No. 5-2018]
This Local Law shall be known and may be cited as "Local Law
No. 5, 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 "Betts Farm 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 "Betts Farm Planned Development
District."
The area comprising said Betts Farm Planned Development District
consists of approximately 153.51 acres, located easterly of New York
State Route 236 with frontage on Betts Lane and Hayner Road as depicted
on the map entitled "Betts Farm Residential PDD," dated July 11, 2018,
which is attached hereto and made a part hereof as Exhibit A.
There shall be constructed within the area of said Betts Farm
Planned Development District, a project generally consistent with
the site plan dated July 11, 2018, prepared by Environmental Design
Partnership, LLP, consisting of a maximum of 82 twin homes, 118 patio
homes, and one estate lot, 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
Board, 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, as authorized by the Halfmoon
Town Board on September 6, 2017, 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 subdivision approval, which fees in the amount
of $1,500 per unit (total of $301,500) shall be paid on a per-unit
basis contemporaneously with the granting of a building permit for
each unit. 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 201 lots equaling a maximum of $301,500. The applicant
shall receive a credit of $158,803 towards the applicable fees detailed
herein based upon the expenses incurred by the applicant to install
a water line on Route 236, creating a loop in the distribution system
for the Town of Halfmoon, as detailed in the agreement between the
Town of Halfmoon and Abele Builders, Inc., dated March 27, 2015. The
credit shall be applied at the rate of $1,500 per unit for the first
105 units shown on subdivision maps for phases of the project as such
maps are filed in the Saratoga County Clerk's office. The net connection
payment of $142,697 will be paid in two equal installments of $71,348.50,
the first of which will be due six months after filing of the subdivision
map which brings the total number of units shown on filed subdivision
maps to more than 105 and the second of which will be due 12 months
after filing of the subdivision map, which brings the total number
of units shown on filed subdivision maps to more than 105. These payments
shall be further detailed in the water district extension agreement.
Sanitary sewer service shall be provided in general conformance
with the plans noted above, prepared by Environmental Design Partnership,
LLP. 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 Betts Farm Planned Development
District will be provided by the extension of the existing water main
within the Betts Farm Planned Development District through the project
and within the right-of-way of Betts Line to tie into an existing
main in the right-of-way of Route 236, as approved by the Town Engineer
and Water Department, as detailed above.
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 in accordance
with current New York State Department of Environmental Conversation
Regulations 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 homeowners' association 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 Betts Farm 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 approved by the Town Highway Superintendent, with the applicant
being responsible for any and all costs associated with the proper
inspection of the road. Betts Lane shall be reprofiled and rebuilt
to the Town of Halfmoon subbase and pavement standards as detailed
in the plans presented to the Town Board. There shall be included
on Betts Lane, subject to the immediately following sentence, a minimum
six-foot shoulder on one side, which shall be a walking/bike trail
that provides access from the Town Park on New York State Route 236
onto Betts Lane, through the development and Town of Halfmoon property
along the existing sewer easement and terminates at McDonald Creek,
in the vicinity of the existing trail on the Swatling Falls Residential
Planned Development District. It is understood that the portion of
the trail that crosses the culvert on Betts Lane will be less than
six feet in width. It is further understood that the trail network
through the project will be eight feet wide through lands of the homeowners'
association and constructed at the applicant's expense, pursuant to
the specifications, locations and timing of construction approved
by the Town of Halfmoon Planning Board during subdivision review.
The intersection of Betts Lane and Route 236 will be rebuilt to meet
NYSDOT standard radii. During this reconstruction, the applicant shall
be responsible for the repair or replacement of the culvert under
Betts Lane as approved by the Town Highway Superintendent. The applicant
shall provide substantial buffering of the home located at 30 Betts
Lane.
B. The open space shown on the PDD plan that is not specifically shown
to be dedicated to the Town of Halfmoon shall be dedicated to and
owned by the homeowner's association (HOA) to be formed for that and
other purposes by the applicant. This space shall not be subject to
any further development or subdivision. The applicant shall file a
declaration with the Saratoga County Clerk's office, along with the
filing of the map, which clearly declares that no further subdivision
of the open space area shall be permitted.
C. In an effort to provide a direct positive impact on the immediate area, the applicant shall complete the reconstruction of Betts Lanes detailed in Subsection
A prior to the issuance of the first certificate of occupancy.
D. Further, the applicant shall dedicate to the Town of Halfmoon approximately
3.5 acres near Hayner Road.
E. The applicant shall also construct a building with dimensions of
approximately 24 feet by 48 feet at the Vandenburg Park owned by the
Town of Halfmoon on Woodin Road. The building shall contain two men's
bathrooms, two women's bathrooms, and a storage area. This building
construction cost shall not exceed $80,000. In addition to the costs
of the building, the applicant shall provide the Town of Halfmoon
the sum of $7,500, to be used for interior upgrades to the building.
Demolition and removal of the existing restroom facilities shall be
performed by the Town of Halfmoon at the Town's expense. Construction
shall commence in September of 2019 and be completed prior to December
of 2019.
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 Betts Farm 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 Betts Farm 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 Betts Farm Planned
Development District has not begun, or if, after construction has
begun, substantial progress, weather permitting, is not continued
without interruption.