[Adopted 6-6-2018 by L.L.
No. 1-2019]
This Local Law shall be known and may be cited as "Local Law
No. 1, 2019, 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 Mott Orchard 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 "Mott Orchard Planned Development
District."
The area comprising said "Mott Orchard Planned Development District"
consists of approximately 97.3 acres, located along Farm to Market
Road (County Route 109), approximately 1/2 mile west of the intersection
with Pruyn Hill Road, depicted on the map entitled "Mott Orchard Subdivision,"
dated December 3, 2018, which is attached hereto and made a part hereof
as Exhibit A.
There shall be constructed within the area of said "Mott Orchard
Planned Development District," a project generally consistent with
the site plan dated December 12, 2018, prepared by MJ Engineering
and Land Surveying P.C., consisting of a maximum of 26 single-family
detached lots, 30 single-family attached homes, 35 single-family detached
carriage lots, for a not to exceed total amount 91 lots, 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 $3,709 in mitigation
costs for each and every one of the 91 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 = 91 EDU x $1,867/EDU = $169,897
|
Culverts = 91 EDU x $81/EDU = $7,371
|
Traffic = 91 EDU x $1,207/EDU = $109,837
|
GEIS Prep. = 91 EDU x $32/EDU = $2,912
|
Open Space = 91 EDU x $522/EDU = $47,502
|
TOTAL = 91 EDU x $3,709/EDU = $337,519
|
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 §
166-920 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
$136,500. These fees are subject to any increase approved by the Town
Board.
F. 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 91 lots equaling a maximum of $136,500. 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 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 Mott Orchard 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, 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 homeowner's
association shall be responsible for the periodic maintenance and/or
repair of the system at no cost to the Town of Halfmoon. A maintenance/access
easement shall be provided to the Town of Halfmoon to permit the Town
to make repairs/maintain the system should, in the opinion of the
Town Highway Superintendent, the homeowner's association fail to do
so. Any costs incurred by the Town to maintain/repair this system
shall be reimbursed by the homeowner's association. Failure to so
reimburse will result in the amount being added to the next tax bill
of the homeowner's association.
A. All utilities, roads and/or streets within the Mott Orchard 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. The open space shown on the POD 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 contribute $2,000 per unit for traffic improvements
for a total of $182,000.
D. Further, an internal public trail system shall be constructed and
connected to Howland Park Planned Development District as per the
final site plan approved by the Town Planning Board. This trail shall
be owned and maintained by the homeowner's association.
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 Mott Orchard 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 Mott Orchard 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 Mott Orchard Planned
Development District has not begun, or if, after construction has
begun, substantial progress, weather permitting, is not continued
without interruption.