[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.[1]
[1]
Editor's Note: Said exhibit is on file in the Town offices.
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.[1]
[1]
Editor's Note: Said exhibit is on file in the Town offices.
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.[1]
[1]
Editor's Note: Said exhibit is on file in the Town offices.
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.