A.
Whenever a time limit is specified in this chapter,
the Board may extend the limit upon request by the owner, provided
the Board is legally empowered to do so.
B.
When any subdivision of land is proposed to be made
within the unincorporated sections of the Town, and before any contract
for the sale of or any offer to sell such subdivided land or any part
thereof is made, and before any preconstruction and/or construction
is begun, and before any building or use permit shall be granted,
the owner shall obtain preliminary and/or final subdivision approval
by the Planning Board as provided for hereinafter.
C.
Coordination with the State Environmental Quality
Review Act. In scheduling public hearings and review time frames on
all subdivision plats, the Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations, as
set forth in Town Law § 276.
[Added 6-17-2008 by L.L.
No. 2-2008]
D.
Upon a determination by the Zoning Enforcement Officer that the application
submitted for the proposed subdivision plan does not comply with the
setback/area requirements or uses permitted by the local laws of the
Town of Halfmoon, the Zoning Enforcement Officer may issue a written
decision denying the application. Such decision must provide a detailed
description of the reason for the denial. The Planning Board of the
Town of Halfmoon retains sole jurisdiction to approve a subdivision
in accordance with the local laws of the Town of Halfmoon. Any application
not denied by the Zoning Enforcement Officer shall proceed for review
to the Town Planning Board for the Town of Halfmoon.
[Added 3-4-2015 by L.L.
No. 3-2015]
[Amended 2-1-2005 by L.L. No. 3-2005; 6-19-2007; 6-19-2019 by L.L. No. 8-2019]
A.
Procedures. The purpose of this step is to determine feasibility of the project before the owner has invested a substantial amount of money. All major subdivisions may be subject to the cluster residential subdivision review process outlined in § 143-6C, Cluster residential subdivision process, as determined by the Planning Board. The Board will inform the owner of general subdivision requirements and whether the subdivision is classified as minor or major. The preapplication process may take place at any time acceptable to the Board. A field walk with the owner may be required.
B.
Submission requirements.
(1)
The owner shall furnish copies of a sketch plan of the proposed subdivision,
all existing lot lines within the subdivision, and all adjacent land
owned by the owner or under option to him. The sketch shall include
a proposed lot layout, street layout and drainage patterns. The sketch
shall be to a scale not less than 100 feet per inch. The owner shall
also furnish a narrative description on the site to be subdivided
in its existing condition. The narrative shall give particular considerations
to soil conservation of the site, both during and after construction.
The narrative shall also describe the type of use for each lot in
the proposed subdivision (i.e., single-family, two-family, etc.).
(2)
In addition to the "conventional" sketch plan, the applicant may submit a site map identifying existing resources, such as natural, cultural and scenic features, as outlined in Step 1 of the residential cluster subdivision design layout procedures, § 143-6D. The applicant must submit said site map if requested to do so by the either the Town Board or the Planning Board. If the Town determines that the cluster subdivision process applies, the applicant shall follow the procedures outlined in § 143-6C through D.
A.
Preliminary submission.
(1)
Procedures.
(a)
The owner shall present a minor subdivision
submission at a Planning Board meeting. The date of the submission
shall be the date of the meeting it is presented.
(b)
A field walk by the Board with the owner may
be required. Proposed lot corners may require temporary stakes at
that time.
(c)
The Board will review the proposal with regard
to compliance with Town ordinances and regulations, whether the lot
(or lots) is (are) buildable, and compatibility with neighboring lands.
(d)
The Board shall hold a public hearing on the
proposed subdivision within 62 days of the date of the preliminary
submission. Notice of such public hearing shall be advertised in a
newspaper of general circulation in the Town at least five days before
such hearing. The Planning Board shall provide a copy of the public
hearing notice, personally or by certified or registered mail, at
least 10 days prior to such hearing to all owners of property who
abut, are adjacent to, or are situated across an established road
from the proposed boundary lines of the property which is the subject
of the hearing and may also notify such other persons as the Chairman
of the Planning Board may deem appropriate.
[Amended 11-8-1990 by L.L. No. 9-1990[1]]
(e)
The Board shall take action within 62 days after
the public hearing regarding the proposed subdivision and shall provide
written notification of their decision within five days of that decision.
The Board may give final approval, conditional approval, preliminary
approval, or may disapprove the proposal.[2]
(f)
For conditional approvals, the Board shall state
in writing the requirements to be met before the subdivision plat
can be signed. If the requirements are not met, the conditional approval
will expire in six months unless the Board in its opinion believes
an extension is warranted.
(g)
If the preliminary submission is given final
approval by the Board, an appropriate notation to that effect shall
be made on the face of the originals of the plat submitted to the
Board. Upon final approval, two original sets of Mylars and three
sets of paper prints shall be submitted to the Planning Board Chairman
for stamping and signature. One set of original Mylars will be returned
to the owner.
(h)
The owner shall file the approved plat with
the county clerk within 62 days after approval by the Board. If the
plat is not filed within this time, the approval shall expire, as
provided in § 276 of the Town Law.[3]
(i)
The owner may obtain building permits and begin
building construction only after filing of the plat.
(j)
If the preliminary submission is disapproved,
resubmissions may be made within six months of the date of disapproval
with no additional fee required. A resubmission made after six months
from the date of disapproval may be treated like a new submission
and require preliminary review and fee.
(2)
Submission requirements. The preliminary submission
for a minor subdivision shall include the following:
(a)
Preliminary plat to a scale not smaller than
50 feet to the inch drawn accurately to scale with dimensions shown
and including bearings, distances and locations of iron pipes and
other survey monuments. Additional items shall include:
[1]
Highways or other major public or private improvements
planned for future construction on or near the proposed subdivision,
including those shown on the Official Map or Comprehensive Plan or
those currently under review by the Planning Board shall be shown.
[2]
All contiguous land owned or under option by
the owner shall be shown. In some instances, parcels with large amounts
of remaining lands can be shown on an insert map at a small scale
at the discretion of the Board.
[3]
Water elevations and subsurface information
including groundwater elevation shall be noted where appropriate.
[4]
All existing and proposed property lines, present
zoning and building setback lines, easement and right-of-way lines
with dimensions, bearings or angle data, and curve data;
[5]
All monuments, iron pipes and bench marks labeled
"existing" and "proposed;"
[6]
Names of owners of all adjacent property;
[7]
A North arrow showing reference to what meridian
was used, i.e., true North, magnetic North, etc.
[8]
Title block with current revision date;
[9]
Location map;
[10]
Proposed use of each lot;
[11]
Watercourses, marshes, rock outcrops and other
important land features;
[12]
Proposed water and sanitary wastewater disposal
method; if on-site wastewater disposal is proposed, percolation information
shall be provided;
[13]
If an on-site water supply is to be utilized,
a note stating: "All lot sales shall be contingent upon a contract
addendum for the location of water, flow capacity and potability in
accordance with the New York State Health Department standards";
[14]
The location of any existing and/or proposed
structures, wells and septic systems (if applicable);
[15]
Location of existing wells and septic systems
on adjacent parcels (if applicable);
[16]
All regulated wetlands, classified streams and
one-hundred-year floodplain boundaries shall be included where appropriate.
[17]
The final plat shall contain the signature and
seal of a land surveyor or a professional engineer and a land surveyor,
both registered in New York State, or a qualified land surveyor under
§ 7208, paragraph (n) of the Education Law.
(b)
All sheets shall be 30 inches by 42 inches,
22 inches by 34 inches, 17 inches by 22 inches or 8 1/2 inches
by 14 inches in size. When more than one sheet is required, all shall
be the same size and an index sheet of the same size shall be provided
showing the entire subdivision to an appropriate scale.
(c)
In addition to the required drawings, the following
information shall be submitted as part of the preliminary submission.
(e)
More detailed information may be required by
the Planning Board as a part of the preliminary submission.
B.
Final submission. A final submission for a minor subdivision
may be required at the discretion of the Board.
A.
Preliminary submission.
[Amended 11-8-1990 by L.L. No. 9-1990; 6-19-2007; 11-20-2007 by L.L.
No. 7-2007; 6-17-2008 by L.L. No. 2-2008; 6-19-2019 by L.L. No. 8-2019]
(1)
Procedures:
(a)
Based on the determination of the Planning Board during sketch plan, the owner shall present a cluster residential or traditional preliminary submission for a major subdivision at a Planning Board meeting. All submission requirements listed in Subsections A and B must be met. The date of the preliminary submission shall be the date of the meeting at which it is presented.
(b)
A field walk by the Board with the owner may be required. Temporary
stakes showing street center lines may be required.
(c)
The Board shall hold a public hearing on the proposed subdivision
within 62 days of the date of the preliminary submission. Notice of
such public hearing shall be advertised in a newspaper of general
circulation in the Town at least five days before such hearing. The
Planning Board shall provide a copy of the public hearing notice,
personally or by certified or registered mail, at least 10 days prior
to such hearing, to all owners of property who abut, are adjacent
to, or are situated across an established road from the proposed boundary
lines of the property which is the subject of the hearing and may
also notify such other persons as the Chairman of the Planning Board
may deem appropriate.
(d)
The Board shall take action on a subdivision within 62 days
after the public hearing concerning the preliminary submission and
shall provide written notification of its decision to the owner within
five days of that decision. If the preliminary submission is approved,
the Board shall express its approval as "conditional approval" and
state specific modifications, if any, which shall be required in the
final submission. If modifications are required, the reasons therefor
shall be given.
(e)
If the preliminary submission is disapproved, the Board will
state the reasons for its disapproval.
(f)
The action of the Board shall be noted on two copies of the
preliminary submission plan, to which shall be attached reference
statements of any conditions and requirements determined by the Board.
One copy shall be returned to the owner and the other retained by
the Board.
(g)
If the preliminary submission is disapproved, resubmissions
may be made within six months of the date of disapproval with no additional
fee required. A resubmission made after six months from the date of
disapproval may be treated like a new submission and require a new
preliminary review and fee.
(2)
Submission requirements. The preliminary submission for a major subdivision
shall include the following:
(a)
Preliminary plat to a scale not smaller than 50 feet to the
inch, drawn accurately to scale, with approximate dimensions shown,
and including all the information required for a final plat except
monuments and iron pipes and the certification of standards of accuracy.
[1]
All existing adjacent roadways, highways or other major public
or private improvements planned for future construction which are
currently under review by the Planning Board on or near the proposed
subdivision.
[2]
All contiguous land owned or under option by the owner and all
existing lot lines within the subdivision shall be shown with a street
and proposed lot plan for its development.
[3]
Water elevations and subsurface information, including groundwater
elevation and percolation information, shall be noted where appropriate.
[4]
All regulated wetlands, classified streams and 100-year floodplain
boundaries shall be included, where appropriate.
[5]
All existing and proposed property lines, present zoning and
building setback lines, and easement and right-of-way lines.
[6]
Names of owners of all adjacent property.
[7]
All property reserved by the owner or dedicated to the public
use.
[8]
A North arrow showing reference to what meridian was used; i.e.,
true North, magnetic North, etc.
[9]
Title block with current revision date.
[10]
Location map.
[11]
Proposed use of each lot.
[12]
Contour lines at two-foot intervals to USGS datum or other interval
approved by the Board.
[13]
Watercourses, marshes, rock outcrops and other important land
features.
[14]
Right-of-way lines, street paving and street stationing.
[15]
Sanitary sewers (septic systems), storm drains, gas lines and
waterlines (wells), with all appurtenances (labeled to show size and
material of each).
[16]
Location of existing wells and septic systems on adjacent parcels
(if applicable).
(b)
Plan/profile for each street with a horizontal scale of 50 feet
to the inch and vertical scale of five feet to the inch, showing all
the information required for the final submission of a plan/profile,
except that approximate stationing may be shown. In addition, profiles
of present surface shall be shown on center line and both right-of-way
lines of all streets and on center line of all easements.
(c)
All sheets shall be 30 inches by 42 inches, 22 inches by 34
inches, 17 inches by 22 inches, or 8 1/2 inches by 14 inches
in size. When more than one sheet is required, all shall be the same
size, and an index sheet of the same size shall be provided showing
the entire subdivision to an appropriate scale.
(d)
In addition to the required drawings, the following information
shall be submitted as part of the preliminary submission:
[1]
Current zoning within the proposed subdivision.
[2]
Request for any zoning changes proposed for the area to be subdivided.
[3]
Means of dedication of areas proposed to be dedicated to public
use, i.e., fee or easement.
[4]
Preliminary design of bridges and culverts.
[5]
Draft of any protective covenants and restrictions whereby the
owner proposes to regulate land use in the subdivision and otherwise
protect the proposed development.
[6]
The Board shall review the preliminary plan and narrative in
an effort to establish a formal soil conservation plan to be followed
by the owner. A bond or letter of credit, as approved by the Town,
shall be established prior to the commencement of preconstruction
activities.
[7]
Statement of all approvals required from all other local or
state agencies.
[8]
Completed environmental assessment form.
[9]
Completed Town of Halfmoon subdivision application forms.
[10]
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 140, Stormwater Management, Article II, Erosion and Sediment Control, and Chapter 165, Zoning, Article XVIII, Stormwater Control, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XVIII, Stormwater Control, of the Zoning Chapter. The approved preliminary subdivision plat shall be consistent with the provisions of L.L. No. 7-2007.
(e)
A fee shall be paid with the preliminary submission, which shall
be determined by the fee schedule adopted by resolution by the Town
Board.
(f)
More-detailed information may be required by the Planning Board
as a part of the preliminary submission.
B.
Final submission.
[Amended 11-20-2007 by L.L. No. 7-2007; 6-17-2008 by L.L. No. 2-2008; 6-19-2019 by L.L. No. 8-2019]
(1)
Procedures:
(a)
If the preliminary submission for a major subdivision is approved,
the owner, within six months of the date of conditional approval,
shall present a final submission at a Planning Board meeting.
(b)
In the event that a final submission of the entire subdivision
or part of it is not made within six months from the date of conditional
approval, the application may be considered withdrawn and any conditional
approval or waivers of required improvements by the Board may be considered
lapsed.
(c)
The date of the final submission shall be the date of the meeting
at which it is presented.
(d)
The final submission for a major subdivision shall conform to
the approved preliminary submission and shall contain any modifications
specified by the Board. If desired by the owner, it may include only
that portion of the approved preliminary plat which he proposed to
record and develop at that time, provided that such portion conforms
to all requirements of this chapter.
(e)
The owner shall submit a letter of credit or performance bond
prior to final approval to cover the full cost of required improvements.
The amount of the letter of credit or performance bond shall be determined
by a construction cost estimate prepared by the owner and approved
by the Town.
(f)
In the event that the owner shall be authorized to file the
approved plat in sections, approval of the plat may be granted upon
the installation of the required improvements in the section of the
plat filed in the office of the County Clerk or the posting of a letter
of credit or performance bond covering the cost of such improvements.
The owner shall not be permitted to begin construction of buildings
in any other section until such section has been filed in the office
of the County Clerk and the required improvements have been installed
in such section or a letter of credit or performance bond covering
the cost of such improvements is posted. Such letter of credit or
performance bond shall run for a term to be fixed by the Board but
in no case for a longer term than three years; provided, however,
that the term of such letter of credit or performance bond may be
extended by the Board with consent of the parties thereto. The Board
may decide at any time during the term of the letter of credit or
performance bond that the required improvements have been installed
to the satisfaction of the Board in sufficient amount to warrant reduction
in the face amount of said letter of credit or performance bond. The
face value of such letter of credit or performance bond shall thereupon
be reduced by an appropriate amount so that the new face value will
cover the cost in full of the amended list of improvements. In the
event that any required improvements have not been installed within
the term of such letter of credit or performance bond, the Town Board
may thereupon declare said letter of credit or performance bond to
be in default and collect the sum remaining payable thereunder; and
upon the receipt of the proceeds thereof, the Town shall install such
improvements as are covered by such letter of credit or performance
bond and are commensurate with the extent of construction that has
taken place in the subdivision, but not exceeding in cost the amount
of such proceeds.
(g)
The applicant shall establish an escrow for construction inspection
prior to final approval to cover the full cost of inspection during
construction of municipal utilities or roadways to be dedicated to
the Town or appropriate agency. The amount of the escrow shall be
determined by completion of a construction time estimate sheet by
the owner and approval by the Town Engineer.
(h)
The Board may hold a public hearing on a proposed major subdivision
within 62 days of the date of the final submission for a major subdivision.
Notice of such public hearing shall be advertised in a newspaper of
general circulation in the Town at least five days before such hearing.
(i)
Within 62 days from and after the time of the public hearing
(if required), the Board shall approve, modify and approve, grant
conditional approval, or disapprove the final submission and shall
provide written notification of its decision to the owner within five
days of that decision.
(j)
Under certain conditions, the Board may waive the second hearing
(§ 276 of the Town Law) for a major subdivision. In the
event the hearing is waived, Board action shall be within 62 days
of submission.
(k)
For conditional approvals, the Board shall state, in writing,
the requirements to be met before the subdivision plat can be signed.
If the requirements are not met, the conditional approval will expire
in six months, unless the Board, in its opinion, believes an extension
is warranted.
(l)
If the final submission is approved by the Board, an appropriate
notation to that effect shall be made on the face of the originals
of the final plat submitted to the Board. Upon final approval, two
original sets of Mylars and three sets of paper prints shall be submitted
to the Planning Board Chairman for stamping and signature. One set
of original Mylars will be returned to the owner.
(m)
The owner shall file the approved final plat with the County
Clerk within 62 days after approval by the Board. If the final plat
is not filed within this time, the approval shall expire, as provided
in § 276 of the Town Law.
(n)
The owner may obtain building permits and begin building construction
only after filing of the approved final plat.
(o)
If the final submission is disapproved, resubmissions may be
made within six months of the date of disapproval with no additional
fee required. A resubmission made after six months from the date of
disapproval may be treated like a new submission and require a final
review and fee.
(p)
After final approval and prior to commencement of construction,
a preconstruction meeting shall be held with representatives of the
owner and representatives of the Town in attendance. The purpose of
the preconstruction meeting will be to discuss specific issues related
to project construction and inspection.
(2)
Submission requirements. The final submission for a major subdivision
shall include the following:
(a)
Final plat, to a scale not smaller than 50 feet to the inch,
showing the following:
[1]
All existing adjacent roadways, highways or other major public
or private improvements planned for future construction on or near
the proposed subdivision, including those shown on the Official Map
or Comprehensive Plan or those currently under review by the Planning
Board, shall be shown.
[2]
All contiguous land owned or under option by the owner shall
be shown.
[3]
Water elevations and subsurface information, including groundwater
elevation, shall be noted where appropriate.
[4]
All regulated wetlands, classified streams and 100-year floodplain
boundaries shall be included, where appropriate.
[5]
All existing and proposed property lines, present zoning and
building setback lines, easement and right-of-way lines with dimensions,
bearings or angle data, and curve data.
[6]
All monuments, iron pipes and benchmarks labeled "existing"
and "proposed."
[7]
Names of owners of all adjacent property.
[8]
Street names.
[9]
All property reserved by the owner or dedicated to the public
use.
[10]
A house address as assigned by the United States Postal Service
for each lot; in general, numbers should increase from east to west
and south to north.
[11]
A North arrow showing reference to what meridian was used, i.e.,
true North, magnetic North, etc.
[12]
Title block with current revision date.
[13]
Location map.
[14]
Proposed use of each lot.
[15]
Contour lines at two-foot intervals to USGS datum or other interval
approved by the Board.
[16]
Watercourses, marshes, rock outcrops and other important land
features.
[17]
Right-of-way lines, street paving and street stationing.
[18]
Sanitary sewers (septic systems), storm drains, gas lines and
waterlines (wells) with all appurtenances (labeled to show size and
material of each).
[19]
Location of existing wells and septic systems on adjacent parcels
(if applicable).
[20]
If an on-site water supply is to be utilized, a note stating:
"All lot sales shall be contingent upon a contract addendum for the
location of water, flow capacity and potability in accordance with
New York State Health Department standards."
[21]
Street name signs. (A letter of intent to install signs in locations
approved by the Town may be accepted as a substitute.)
[22]
Standards of accuracy of elevations and boundaries meeting Halfmoon requirements (see § 74-2B) shall be noted on the map. The final plat shall contain the signature and seal of a professional engineer and of a land surveyor, both registered in New York State, or a qualified land surveyor under § 7208, Subdivision n, of the Education Law or a qualified professional engineer under § 7208, Subdivision m, of the Education Law.
(b)
Plan/profile of each street and utility easement, with a horizontal
scale of 50 feet to the inch and vertical scale of five feet to the
inch, showing the following:
[1]
All pavement, storm drains, sanitary sewers, gas lines and waterlines
with appurtenances.
[2]
Pavement and utility stationing, including all horizontal and
vertical control points and grades.
[3]
Signature and seal of a professional engineer registered in
New York State, or a qualified land surveyor under § 7208,
Subdivision n, of the Education Law.
[4]
A North arrow showing reference to what meridian was used, i.e.,
true North, magnetic North, etc.
[5]
Standard title block with current revision date.
(c)
Final plat and plan/profiles shall show all facilities which
the subdivision standards require. All lettering shall be neat and
legible.
(d)
All sheets shall be 30 inches by 42 inches, 22 inches by 34
inches, 17 inches by 22 inches, or 8 1/2 inches by 14 inches.
When more than one layout sheet is required, all shall be the same
size, and an index sheet of the same size shall be provided showing
the entire subdivision to an appropriate scale.
(e)
In addition to the required drawings, the following documents
shall be submitted as a part of the final submission:
[1]
Offer of cession, in a form approved by the Board, of all land
included in streets, streetlighting, waterlines, storm drains, sanitary
sewer (to be dedicated to the Saratoga County Sewer District), walks,
easements, recreation areas and passive open spaces not specifically
reserved by the owner. There may be either a payment in lieu of the
offer of recreation or open areas in the amount specified in Appendix
1[1] or a requirement by the Planning Board that the owner
establish a homeowners' association and deeding of all recreation
or open space lands to the association. Approval of the plat does
not constitute acceptance of the offer of cession.
[2]
Certificate of adequacy of the proposed water supply and sewerage
service as required by the Public Health Law and/or the Environmental
Conservation Department of New York State.
[3]
Statement by the appropriate Town representative certifying
that certain improvements have been installed and approved.
[4]
Deed, easement, or other required description and proof of ownership
and title insurance of the land to be subdivided or ceded to the Town,
at no cost or expense to the Town, together with the homeowners' association
prospectus, offering, plan, etc.
[5]
Protective covenants in form for recording, including covenants
governing the maintenance of unceded public spaces or reservations.
[6]
Final design of bridges and culverts and stormwater management
report, unless included in preliminary submission.
[7]
Verification that the United States Postal Service has assigned
addresses to the proposed lots within the subdivision. Addresses should
be noted on the plans.
[8]
Such other certificates, affidavits, endorsements or agreements
as may be required by the Planning Board in the enforcement of this
chapter.
[9]
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 140, Stormwater Management, Article II, Erosion and Sediment Control, and Chapter 165, Zoning, Article XVIII, Stormwater Control, shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XVIII, Stormwater Control, of the Zoning Chapter. The approved final subdivision plat shall be consistent with the provisions of L.L. No. 7-2007.
(g)
More-detailed information may be required by the Planning Board
as a part of the final submission.
C.
Cluster residential subdivision process. The use of cluster residential
subdivision design standards will maintain the Town's rural qualities
while providing appropriate economic opportunities and diverse housing
options. Cluster residential subdivisions will protect important resources
(wetlands, stream corridors, agriculture and important views) and
limit the aesthetic effects of conventional subdivisions.
[Amended 6-19-2007; 6-19-2019 by L.L. No. 8-2019]
(1)
Application of the cluster residential design standards should accomplish
the following:
(2)
Minimum standards:
(a)
A cluster residential design must be submitted prior to or in
conjunction with the application to the Planning Board for subdivision
approval. A cluster residential subdivision shall not increase the
number of lots permitted from those that would be permitted pursuant
to a conventional subdivision.
(b)
A cluster residential design shall only be permitted in the
R-1 Residence and A-R Agriculture-Residence Zoning Districts.
(c)
A cluster incentive shall only apply to single-family residential
use with public water and public sewer connections.
(3)
Minimum area requirements:
(a)
Minimum lot size of 10,000 square feet.
(b)
Minimum front yard setback of 25 feet.
(c)
Minimum rear yard setback of 15 feet.
(d)
Minimum side yard setback of 10 feet per side and 20 feet total.
(e)
Minimum road width of 28 feet, unless otherwise required by
the Highway Superintendent.
(f)
A minimum right-of-way of 50 feet shall be permitted at the discretion
of the Town and subject to the review and approval of the Town Planning
Board.
[Added 4-6-2022 by L.L. No. 1-2022]
(4)
Maintenance and monitoring standards for open space land:
(a)
If the Town Board finds that the open space land is being maintained
in such a manner as to constitute a public nuisance or otherwise not
in compliance with standards established herein, it may, upon reasonable
written notice to the owner, enter the premises for necessary maintenance
or other action necessary and appropriate, the cost of which shall
be assessed ratably against the owner or, in the case of a homeowners'
association, against the owners of properties within the development.
If unpaid, the cost shall become a tax lien on said properties.
(b)
Unless otherwise agreed to by the Town of Halfmoon's Planning
Board, the cost and responsibility of maintaining open space and facilities
shall be borne by the private owner, the homeowners' association,
the conservation organization, the land trust, or, in the case of
lands and facilities deeded to the Town of Halfmoon, the municipality.
D.
Proof of preservation in perpetuity for permanent
open space in private ownership.[3]
[Added 6-19-2007]
(1)
Perpetuity. For all required, dedicated permanent
open space, the open space restrictions must be in perpetuity and
shall be so noted on any plat or plan submitted for approval to the
Town of Halfmoon.
(2)
Type of proof required. A deed restriction or a permanent
conservation easement must be placed on the parcel and/or lot(s) with
permanent open space.
(3)
The proof of such restriction of open space land in
perpetuity is required and shall be supplied to the Town of Halfmoon’s
Planning Board and filed prior to the final plat approval of a site
plan or subdivision plat.
(4)
The Town of Halfmoon’s Planning Board may not
grant final approval to any site plan or subdivision plat requiring
permanent open space until the Planning Board receives the proof of
the restriction on the open space land of a permanent conservation
easement. Final approval may be granted conditioned on filing of the
required proof.
(5)
A perpetual conservation easement and/or other rights
to property, pursuant to § 247 of the General Municipal
Law, shall be granted to the Town of Halfmoon, or to a qualified,
not-for-profit land conservation organization or land trust as may
be acceptable to the organization, the municipality and the Planning
Board.
(6)
The type of conservation easement may be site-specific
and customized according to the proposed use of the open space land,
and selected from the following options: open space conservation easement,
environmental conservation easement, agricultural conservation easement,
or historic resources conservation easement.
(7)
The aforesaid conservation easement instrument shall
describe the open space land of a parcel in metes and bounds and by
a property survey, and shall bear the statement: "This tract or parcel
of land is open space land with a permanent conservation easement
subject to the provisions of the Town of Halfmoon Zoning Law substantially
restricting its use."
(8)
Open space created by the use of this subsection must
be clearly labeled on the final plat and site plan as to its use,
ownership, management, method of preservation and the rights, if any,
of the owners of the subdivision to such land, and to the general
public. The plan or plat shall clearly show that the open space land
is permanently reserved for open space purposes, shall not be platted
for building lots (except when homestead lots are proposed for preservation
through private ownership and deed restriction), and shall indicate
the liber and page of any conservation easements or deed restrictions
required to be filed to implement such reservations.
(9)
Such proposed conservation easement or other rights
shall be reviewed and approved by the Town Attorney's office and be
required as a condition of plat or plan approval.
(10)
Said conservation easement shall not be amendable
to permit commercial, industrial, or residential development and shall
be recorded in the Saratoga County Clerk's Office prior to filing
an approved final site plan or final subdivision plat.
E.
Ownership and maintenance of open space land and common facilities. The Planning Board must find the form of ownership of any open space land adequate to fulfill the purposes of this section. The following methods may be used either individually or in combination for ownership of open space land (exclusive of its conservation easement) and common facilities. The appropriate form of ownership shall be based upon the purpose of the permanent open space preservation as stated above in Subsection E, Proof of preservation in perpetuity of permanent open space for sites in private ownership. Ownership methods shall conform to the following:
[Added 6-19-2007]
(1)
Open space land may be held in private, noncommon
ownership.
(a)
The required open space land may be included within one or more large homestead lots, provided the open space is permanently restricted from future development, except for those uses listed above in Subsection E. This option allows for one single-family home and accessory uses sited to preclude impacts to open space resources and limited to a building envelope of 1/2 acre that will include all accessory uses and lawn area. The remaining lands must be permanently restricted.
(b)
The applicant shall provide the Town of Halfmoon
with a written description and proof of instrument of the use restrictions
of the open space land.
(2)
Open space land may be held in private, common ownership
by a homeowners' association (HOA).
(a)
Open space land and common facilities may be
held in common ownership by a homeowners' association subject to all
of the provisions for homeowners' associations as set forth in New
York State regulations and the General Business Law.
(b)
The open space restrictions must be in perpetuity.
(c)
The applicant shall provide the Town of Halfmoon
with a description of the organization of the proposed homeowners'
association, including its bylaws and all documents governing ownership,
maintenance, and use restrictions for common facilities.
(d)
Such a homeowners' association shall be established
by the owner or the applicant and shall be operating (with financial
subsidization by the owner or applicant, if necessary) before the
conveyance of the first lot in the development.
(e)
The homeowners’ association must be responsible
for liability insurance, local taxes, and the maintenance of any open
space land and any other common facility.
(f)
Membership in the homeowners' association shall
be mandatory for each property owner within the subdivision and successive
owners in title with voting consisting of one vote per lot or unit.
The developer's control, therefore, passes to the individual lot/unit
owners upon sale of the majority of the lots or units.
(g)
Each lot or unit owner is required by recorded
covenants and restrictions to pay fees to the homeowners’ association
for taxes, insurance and maintenance of open space, and, as applicable,
any private roads or other common facilities.
(h)
Property owners must pay their pro rata share
of the homeowners’ association costs and the assessment levied
by the homeowners’ association must be able to become a lien
on the property.
(i)
The bylaws shall confer legal authority on the
association to place a lien on the real property of any member who
fails to honor his or her dues. Such dues shall be paid with the accrued
interest before the lien may be lifted.
(j)
The homeowners’ association must be able
to adjust the assessment to meet changed needs.
(k)
The applicant shall make a conditional offer
of dedication to the Town of Halfmoon, binding upon the homeowners’
association, for all open space to be conveyed to the homeowners'
association. Such offer may be accepted by the Town, at the Town Board’s
discretion, upon failure of the homeowners' association to take title
to the open space from the applicant or current owner, upon dissolution
of the association at any future time or upon failure of the homeowners’
association to fulfill its maintenance obligations or to pay its property
taxes.
(l)
Ownership shall be structured in such a manner
that real property taxing authorities may satisfy property tax claims
against the open space lands by proceeding against individual owners
in the homeowners’ association and the dwelling units they each
own.
(m)
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities must be given to all members of the association
and to the Town of Halfmoon no less than 30 days prior to such occurrence.
(n)
The association shall have sufficient resources
to administer, maintain, and operate such common facilities.
(o)
The Town Attorney's office shall review and
find that the association's documents presented as part of the application
satisfy the conditions outlined above, as well as any additional conditions
deemed necessary by the Planning Board.
(3)
Open space land may be offered fee simple dedication
to the Town of Halfmoon provided that:
(4)
Open space land may be offered for conveyance or for
sale as fee simple dedication to the county or state governments,
a nonprofit land trust or other land conservation organization(s).
(5)
Maintenance and monitoring standards for open space
land.
(a)
Ongoing maintenance and monitoring standards
shall be established, imposed and enforced upon an owner of open space
land by the Town of Halfmoon as a condition of site plan or subdivision
approval to ensure that the open space land is used for the intended
purposes cited in this chapter and that the use of the open space
land does not detract from the character of the neighborhood. Such
maintenance standards may include the obligation to mow open fields
to maintain their scenic character and to maintain dedicated trails.
(b)
If the Town Board finds that the open space
land is being maintained in such a manner as to constitute a public
nuisance or otherwise not in compliance with standards established
herein, it may, upon reasonable written notice to the owner, enter
the premises for necessary maintenance or other action necessary and
appropriate, the cost of which shall be assessed ratably against the
owner or, in the case of a homeowners’ association, against
the owners of properties within the development. If unpaid, the cost
shall become a tax lien on said properties.
(c)
Unless otherwise agreed to by the Town of Halfmoon’s
Planning Board, the cost and responsibility of maintaining open space
and facilities shall be borne by the private owner, the homeowners'
association, the conservation organization, the land trust, or, in
the case of lands and facilities deeded to the Town of Halfmoon, the
municipality. Likewise, if any lands restricted as open space land
are deeded to the county or the state, these respective governments
will be responsible.
F.
Density bonus.
[Added 6-19-2007]
(1)
The Halfmoon Town Board can, at its discretion, offer the opportunity to develop land at a higher density than two units per unconstrained acre established in Subsection F(1) in return for additional quality open space. Eligibility for the density bonus shall be determined based upon the amount of unconstrained land dedicated to quality open space in excess of the minimum required. A density bonus may be provided equal to the percentage of quality open space preserved on the site over and above the 20%, not to exceed a maximum density of two units per gross acre.
