[Adopted 4-4-2012 by L.L. No. 1-2012; amended 7-2-2014 by L.L. No. 2-2014; 10-19-2016 by L.L. No. 10-2016; 4-22-2022 by L.L. No. 5-2022]
This article shall be known and may be cited as "Park Place
on the Peninsula, LLC Planned Development District Law Section 166,
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," amending a planned development district
(PDD) known as "Halfmoon Village and Yacht Club 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 "Park Place on the Peninsula,
LLC Planned Development District."
The area comprising said Park Place on the Peninsula, LLC Planned
Development District consists of approximately 36.5 acres, Tax Map
Parcel Number 289.1-88, and is located on a peninsula along the Mohawk
River, east of Interstate 87, along Towpath Road, Town of Halfmoon,
County of Saratoga, State of New York, and is bounded and described
as set forth in Exhibit A as further described in the Existing Conditions
Plan Sheet C-100 of the plans dated June 21, 2016, prepared by Greenman-Pedersen,
Inc. Engineering and Construction Services (GPI) entitled "Halfmoon
Village Approved Preliminary Development Plans" and containing 25
pages (hereinafter referred to as the "Approved Preliminary Development
Plans")[1].
[1]
Editor's Note: PDD maps and plans are on file in the Town's
offices.
There shall be constructed within the area of said Park Place on the Peninsula, LLC Planned Development District, a development generally consistent with the Approved Preliminary Development Plans. The development consists of up to 244 residential condominium or apartment units located on the property. As part of the project, the applicant will install appropriate stop or yield signage at the triangular intersection of Beach and Clamsteam Roads as directed by the Town Board. The applicant will provide to the Town of Halfmoon a fee to be used as the Town Highway Department deems best for the purposes of completing roadway surface improvements as further described in § 166-775B, Public benefits. The improvements involving raising a portion of Canal Road as detailed in the plans are in addition to these funds. The applicant shall also be responsible for any damage done to the dedicated haul route caused by construction activities of the project during the construction process. Prior to commencement of construction activities the applicant will meet with the Town Highway Superintendent to identify a select trucking haul route extending from the project site to Vischer Ferry Road. The applicant and the Highway Superintendent will videotape the route together and will also identify on a map of the route any existing issues with the condition of the selected route. (Completed Spring 2020). This documentation will set the benchmark for comparing any perceived damages caused by construction activities for the duration of construction. The applicant will make repairs to the haul route for damage considered above normal roadway use when compared to the benchmark documentation. All work will be coordinated with the Highway Superintendent and Town Engineer.
A.
Pursuant to § 165-59E(5)(a), The Town Board has determined that the Park Place on the Peninsula, LLC PDD meets unique criteria and has therefore been granted an increase in density to 11 units per acre. Approximately three miles of off-site sewer with opportunities for existing residential property public connections will be developed, as a portion of this project which will benefit the existing facilities.
B.
Residential units will be located within 25 buildings, including
the community clubhouse (the "Condominium or Apartment Buildings").
There will also be located within the PDD a community clubhouse for
residents, pedestrian walkways and associated infrastructure.
(1)
The PDD will be developed in general conformity and in accordance
with the State Environmental Quality Review Act Draft and Final Environmental
Impact Statement, and with the Findings Statement signed by the Town
Board of the Town of Halfmoon on June 1, 2011, attached hereto and
made a part hereof as Exhibit B and additionally in general conformity
with the Approved Preliminary Development Plans.
(2)
The project will be developed in roughly three stages and will include the establishment of a restoration bond or similar form of credit per the requirements of § 165-42G of the Halfmoon Town Code by the developer for the protection of the surrounding areas should the project not be built to completion. (Established Spring 2020).
(3)
The condominium or apartment buildings may be a maximum of two
stories of residential units with first floor garages included within
each of the 25 buildings. The maximum building height for the buildings
will be 50 feet.
(4)
A privately owned and maintained access road, as shown on the
Approved Preliminary Development Plans, shall be constructed from
Canal Road. All roads and/or streets within the Park Place on the
Peninsula, LLC Planned Development District shall be constructed by
the applicant in general compliance with the Approved Preliminary
Development Plans.
(5)
Parking shall be located within the condominium or apartment
buildings providing, at a minimum, one space per unit within each
respective building. Additional at-grade parking will be provided
in the driveways to each garage and interspersed throughout the property,
as identified on the Approved Preliminary Development Plans.
(6)
Existing vegetation along Canal Road shall be maintained to
the maximum extent practical to buffer views into the site from the
roadway.
(7)
The applicant will reconstruct the existing roadway along Canal
Road from the intersection of Beach Road to 50 feet past the intersection
of the entrance of the Park Place on the Peninsula, LLC Planned Development
District being approximately 700 LF.
Before application is made for any building permit, preliminary
and final site plan approvals shall be obtained from the Planning
Board of the Town of Halfmoon, and the final site plan shall be signed
by all government 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
if built as a condominium project. The exact location and specifications
of roadways, buffers, green space and other related matters may be
changed, altered or amended slightly during the Town of Halfmoon Planning
Board review process in a manner generally consistent with the Approved
Preliminary Development Plans detailed above.
A.
Sanitary sewer service shall be provided in general conformance with
the off-site sewer plans adopted as part of the Final Environmental
Impact Statement and Findings and on-site utility connection plans
as identified on the Utility Plan, included as part of the Approved
Preliminary Development Plans. Plans for the sanitary sewer collection
system must be approved by the Saratoga County Sewer District #1 (SCSD#1),
and, as appropriate, the New York State Department of Environmental
Conservation and the New York State Department of Health.
B.
All sewer mains and appurtenances, including the on-site pump station
and associated force main will be installed and improved/upgraded
by the applicant to the SCSD#1 standards and offered for dedication
to the SCSD#1 at no cost to the SCSD#1 or the Town of Halfmoon, with
delivery to the SCSD#1 of duly executed deeds, easements and bills
of sale as appropriate. All off-site infrastructure improvements related
to the sewer extension will be installed within the existing road
rights-of-way and/or within the existing SCSD#1 easements or other
negotiated easements as necessary.
Potable water service for the Park Place on the Peninsula, LLC
Planned Development District will be provided from the Town of Halfmoon
Consolidated Water District as approved by the Town Engineer and Water
Department. Approval for the potable water system shall be obtained
by the applicant from the Town of Halfmoon and the New York State
Department of Health as appropriate.
A.
The applicant shall be responsible for adherence to the stormwater
pollution prevention plan and stormwater management plan, dated June
21, 2016, prepared by Greenman-Pedersen, Inc. Engineering (GPI), and/or
as modified and approved by the Halfmoon Planning Board during the
site plan review process. The applicant shall be responsible for the
periodic maintenance and/or repair of the system to the New York State
Department of Environmental Conservation standards until such time
as the systems are transferred to either a homeowners' association,
condominium association or management company. There will be no cost
for maintenance assigned to the Town of Halfmoon. The homeowners'
association, condominium association or ownership entity shall remain
liable for any and all costs incurred by the Town of Halfmoon should
it become necessary for the Town to maintain and/or repair the stormwater
management systems; or if developed as apartments, the owner of the
apartments shall remain liable.
B.
The applicant will prepare the necessary easements to permit the
Town to maintain and/or repair.
Signs within the Park Place on the Peninsula, LLC 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.
A.
Dry sewer. The applicant will construct a connection point for a
future sewer tie in at the intersection of Beach and Canal Road and
extend a (dry) gravity sewer main from this location to the project's
on-site pump station. Said pump station pump vault will be sized to
accommodate a future larger pump allowing for the construction of
a future sanitary sewer collection system to service existing residential
properties east of the project site along Canal Road.
B.
Local roadway improvement contribution: The applicant has agreed
to contribute funds in the amount of $165,000 to be used by the Town
Highway Superintendent, as he deems appropriate, for roadway reconstruction
of portions of Dunsbach Road and portions of Canal Road, improvements
to Dunsbach qualified to receive portions of said funds include the
section from Vischer Ferry Road to Clamsteam Road. Improvements to
Canal Road qualified to receive portions of said funds include the
section from Vischer Ferry Road to the intersection of Beach Road.
The payment shall be paid at the granting of each certificate of occupancy
for each individual unit. Roadway improvement fees are set at $1,100
per unit for the first 150 units. Beginning with the 151 unit, the
roadway improvement fees will be $1,596 per unit. If the Highway Superintendent
deems it necessary, he or she may expend monies to conduct improvements
detailed herein prior to the receipt of the funds and reimburse those
funds expended when the payments are received.
C.
Existing single-family residential properties along the force main
portion of the route will be able to tie into the force main. The
Saratoga County Sewer District #1 (SCSD#1) has indicated that in order
for these properties to connect to the force main, they will first
need to submit engineered plans showing required individual changes
to their home septic discharge to a force main tap location at the
ROW. Engineering design and approval requests for individual property
retrofits will be at the individual property owner's expense. Residential
properties that secure SCSD#1 approval during the force main installation
in front of their property will be provided taps by the project sponsor.
After construction of the force main past an individual resident's
property, they may still tie into the force main but will need to
include the tap as part of their individual conversion at their sole
cost and expense. Notification of this process will be sent to all
qualifying residential properties once SCSD#1 approves the proposed
force main design.
D.
Public park. The applicant will construct a three-quarter-acre public
park along the northeast side of the project site between Canal Road
and the Mohawk River as identified on the Public Park Concept Plan
dated June 29, 2021. The park will contain six parking spots, one
to be ADA accessible, an internal walkway system, a small park identification
sign, a seating area with four picnic tables, two pedestal-mounted
park charcoal grills, a pergola structure, a removable fishing pier,
pathway lighting and landscape plantings. The park will be dedicated
to the Town of Halfmoon upon the completion of construction.
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 inspection by and approval of the Town of Halfmoon Code Enforcement
Officer, Engineer, 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 give approval conditioned upon the applicant
obtaining such approvals if directed by the Town Board at the time
of the applicant's request or at the discretion of the Planning Board.
If the project is constructed as a condominium form of ownership,
membership in a homeowners' association or condominium association
will be mandatory for each residence constructed within the PDD if
developed as condominiums. The homeowners' association will be responsible
for the ownership, operation and maintenance of all common areas,
maintenance of all streets, street lighting, trees, sidewalks and
lawn care. The condominium association will be responsible for the
maintenance of the condominium buildings. The approved homeowners'
association filed with the State of New York will have the ability
to impose a lien for unpaid dues. If the property is developed as
apartments, the owner of the apartments shall retain an appropriate
management company who will be responsible for the operation and maintenance
of all common areas, streets, street lighting, trees, sidewalks, lawn
care and maintenance of all buildings.
This article 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 Park Place on the Peninsula, LLC Planned Development
District, modify any of the provisions of this article upon such terms
as the Town Board shall determine to be reasonable.
This article shall be deemed automatically revoked and void,
and the previous regulations shall apply, if within three years from
the effective date of this article or within such additional period
as the Town Board may subsequently provide without a further public
hearing, commencement of the construction of the Park Place on the
Peninsula, LLC Planned Development District has not begun or if, after
construction has begun, substantial progress, weather permitting,
is not continued without interruption.
The developer shall file bonds in the amounts and at the times
as established by the Town of Halfmoon Planning Board based on anticipated
costs for the return of the site to a stabilized condition after clearing
and grading to guarantee the following:
