The following subsections outline the application process for
water commitments.
A. Applicant requests the Town to provide water to the property. The
Water Department will make a determination if the needed water capacity
is available. A water commitment will not be made at this time.
B. The location of the property is reviewed in relation to the district
boundary. Extension of the Town's Consolidated Water District is required
for those properties located outside the boundary. The Town will not
agree to an extension of the Consolidated Water District unless and
until a Water District extension agreement has been executed by the
applicant and all mandated fees have been paid to the Town.
C. Preliminary Planning Board review process.
(1) The applicant proceeds to preliminary plan approval at own risk.
A letter of risk acknowledgement is executed by the applicant.
(2) Preliminary plans are submitted to the Planning Board for review.
(3) In-District users. The applicant submits an engineering report with
the preliminary plans.
(4) District extension (Out-of-District users.) The applicant submits
the following:
(a)
Engineering report, including proposed water demands, water
district extension map, parcel listing, legal boundary description,
and completion of State Environmental Quality Review (SEQR) with a
negative declaration.
(5) All submitted items are reviewed by the Town Water Department and
the Town Engineer as part of the preliminary review process.
D. Preliminary Planning Board approval.
(1) After the Planning Board grants preliminary approval to the subdivision,
the Town Attorney will begin preparation of the draft Water District
extension agreement. The agreement will include information on the
required water district extension fees as follows:
(a)
Total amount of fees required in the agreement will be paid
in full, prior to signing of extension agreement.
(b)
The extension agreement shall detail if the project is proceeding
with the extension in phases. If the extension agreement details phase
extensions, no plans shall be stamped that details entire subdivision
approval as no approval can be granted without a potable water source.
Phased maps will be stamped in accordance with the extension agreement.
(c)
At the time of extension of the Water District representing
75% of the entire project, the balance of the Water District extension
fee must be submitted, in full, to the Town.
(d)
Any other information deemed appropriate by the Town Attorney
will be provided.
(2) For out-of-district users, the Town Board will pass a resolution
authorizing the Town Supervisor to execute the Consolidated Water
District extension agreement once the mandatory fees are paid in full.
A Water District extension agreement is not required for in-district
users.
(3) Applicant submits packages including reports, applications, Water
District extension agreement, SEQR negative declaration and preliminary
plans to NYSDEC/NYSDOH for review, approval and stamping of plans.
For in-district users, a submission to NYSDEC is not required.
(4) The applicant has 18 months to complete the preliminary approval
process for the water commitment. This timeframe does not supersede
any other pertinent statutes relative to Planning Board approval.
If the process is not completed within this time, the water commitment
shall be deemed to have expired. The applicant may request, in writing,
to the Town Board for an extension of the eighteen-month period so
long as the request is made more than 30 days prior to the expiration
of the commitment. If the applicant does not request an extension,
or if the request is denied, the applicant will be required to refile
their water commitment application to obtain municipal water as the
previous commitment will be deemed null and void. Upon the failure
of the applicant to request, in writing, an extension more than 30
days prior to the expiration of the commitment or if the Town Board
does not grant the extension, any and all fees collected in association
with the application process shall be retained by the Town of Halfmoon.
E. Final Planning Board approval.
(1) Applicant will return to the Town Planning Board with plans once
agency approvals are in place. The Town must be advised in writing
of any modifications made to plans that were granted preliminary approval
as a result of agency comments. Once approved by the Planning Board,
final plans, if acceptable, will be stamped by the Water Department
prior to final stamping by the Planning Board.
(2) The applicant has 18 months following preliminary Planning Board
approval to obtain all agency approvals and stamps necessary for final
Planning Board approval. If the agency approvals are not obtained
within this time, the water commitment previously provided to the
applicant will be null and void.
(3) The applicant must proceed to construction after final approval,
within a term that is determined by the Town Board; minimum of 24
months. If construction does not commence during this time, the water
commitment will be null and void.
F. Withdrawal of water commitment.
(1) In addition to the items listed above, the water commitment will
be withdrawn by the Town under the following conditions:
(a)
Construction is not substantially complete within the time period
set forth by the Town Board.
(b)
An interruption or substantial discontinuation of the work occurs
for a period of time determined by the Town Board.
(2) If applicant does not complete the project within the time set forth
by the Town Board, applicant can apply, in writing, for an extension
of the time for substantial completion to the Town Board 30 days prior
to the expiration of the time period for substantial completion. The
Town Board shall review the request and grant or deny the request
at the Board's discretion.