[Adopted 5-15-2007 by L.L. No. 4-2007]
This local law shall be known and may be cited
as Local Law No. 4 of 2007, 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 "Inglewood Planned Development District."
Local Law No. 5 of 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 "Inglewood
Planned Development District."
The area comprising said Inglewood Planned Development
District consists of approximately 9.1 acres, Tax Map Parcel Nos.
272.0-1-23.11, and is located at 19 Cemetery Road, Town of Halfmoon,
County of Saratoga, State of New York, and is bounded and described
as set forth in Exhibit A attached hereto and made a part hereof.
There shall be constructed within the area of
said Inglewood Planned Development District a project generally consistent
with the site plan dated May 17, 2007, prepared by The Environmental
Design Partnership, consisting of a maximum of 27 attached multifamily
townhouse units together with the necessary infrastructure and improvements
in general conformity with the site plan dated May 17, 2007, entitled
"Inglewood PDD, Conceptual Site Plan," attached hereto as Exhibit
B 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
C. All lots within the planned development district shall front of
the Town road and shall have a minimum front yard setback and rear
yard setback of 30 feet. The minimum side yard set back is 13 feet
for great lots. The minimum great lot size shall be at least 23,000
square feet.
Before application is made for any building
permit, preliminary and final site 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 the site plan dated May 17,
2007.
Sanitary sewer service shall be provided in
general conformance with the Environmental Design Partnership. 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 Inglewood 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.
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
during the site plan 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 applicant 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 Inglewood
Planned Development District shall be constructed by the applicant
in accordance with the specifications approved during site plan review.
Approximately 1,000 feet of roadway shall be constructed. 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. In an effort to provide a direct positive impact on
the immediate area, the applicant shall install a sidewalk along Cemetery
Road approximately 1,100 feet in length. The applicant is aware that
the engineering of the sidewalk will be difficult but has agreed to
complete the sidewalk as a condition precedent to receipt of certificates
of occupancy for any buildings constructed. The applicant shall also
preserve existing vegetation as a buffer along both residential and
commercial adjacent lands and shall provide additional screening plantings.
C. Based upon the studies conducted by the Town, including
but not limited to the Townwide 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 building permits. The Inglewood Planned Development
District shall contain approximately 50,000 square of open space which
shall be maintained by a homeowners' association. The open space shall
contain a gazebo, walking path, benches, and landscaping.
D. The homeowners' association shall also be responsible
for maintaining the emergency access road which shall be constructed
as set forth in the plans dated May 17, 2007. The emergency access
road shall connect to Lawrence Circle and shall have a gate preventing
unauthorized vehicles from utilizing the emergency access.
E. At the expense of the applicant, road signage shall
be placed along Cemetery Road in a further effort to reduce the impact
of the additional traffic that will be generated as a result of this
project.
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 site 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 Inglewood Planned Development
District shall comply with the requirements established by the Town
of Halfmoon Planning Board during site plan review. The architect
or engineer performing the work herein described shall be employed
by and at the expense of the developer.
The Town of Halfmoon Town Board may, upon the
request of the then owner of the Inglewood Planned Development District,
modify any of the provisions of this local law upon such terms as
the Town Board shall determine to be reasonable.
[Amended 7-7-2009]
This amendment shall be deemed automatically
revoked and void, and the previous regulations and laws shall apply,
if within two years from the effective date of this amendment to the
local law, commencement of the construction of Cardin Residential
Planned Development District has not begun or, if after construction
has begun, unless substantial progress continues without undue interruption
thereafter, or if the development is not complete within four years
of such approval. As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of the amendment and as to said area and building or buildings,
this amending local law shall continue in full force and effect and
the area zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amending
local law. For proper cause shown the Town Board of the Town of Halfmoon
may, upon such terms and conditions as it deems proper, extend either
the two-year period or may waive the requirement that substantial
progress shall continue without undue interruption. Any such extension
of time or waiver may be made by the Town Board without a public hearing.
In the event no application is made to the Planning Board for final
site plan approval within two years of this amendment, or substantial
progress is not made on said application within two years thereafter,
this local law shall be deemed automatically revoked and the previous
zoning shall apply.
[Added 4-17-2019 by L.L.
No. 1-2021]
A. Title. This local law shall be known and may be cited as "Local Law
No. 1 of 2021," a local law amending Local Law No. 5 of 1995 of the
Town of Halfmoon entitled "Local Law Relating to Zoning for the Town
of Halfmoon," as previously amended and supplemented, and Local Law
No. 3 of 1971, and Local Law No. 4 of 2007, entitled "Inglewood Planned
Development District."
B. Boundaries. The area of Inglewood Planned Development District shall
be expanded by 7.86 acres to include Parcels 272.-1-10, 272.-1-11.112,
272.-1-11.2, 272.-1-11.12 and 272.-1-11.111 as depicted on the map
entitled "Eastpointe Homes - Inglewood POD Amendment" by Lansing Engineering
dated 3/27/2019.
C. Use. The additional property will be utilized to construct a project
generally consistent with the conceptual plan by Lansing Engineering
entitled "Eastpointe Homes - Inglewood POD Amendment" dated 3/27/2019,
which depicts a maximum of 37 single-family residential units 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 adopted by the Town Board of the Town of
Halfmoon on or about April 17, 2019.
D. Based upon the studies conducted by the Town, including, but not
limited to, the Town-wide survey, trail study, recreation study, open
space study, Comprehensive Plan, and the studies conducted for the
Town park on NYS Route 236, 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 the certificate of occupancy.
E. The screening shall be in accordance with the plans detailed above
and shall also include a bolstered tree line to further buffer the
existing residences from the project. A digital speed limit sign shall
also be purchased by the applicant and placed on either end of the
project to alert drivers of their speed as they approach the project
from either direction. The applicant will also be extending/relocating
the sidewalk on Cemetery Road and connect same with the proposed retail
development that fronts on Route 146, subject to the review and approval
of the Town Highway Superintendent. The applicant shall also contribute
$1,200 per unit toward traffic-related improvements.
F. All other provisions of the previously approved Inglewood Planned
Development, except as modified herein, shall remain in full force
and effect.