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