[Adopted 10-19-2022 by L.L. No. 7-2022]
This article shall be known and may be cited as "Local Law No.
7-2022, amending the zoning ordinance of the Town of Halfmoon, Local
Law # 5 of 1995, and the map and official regulations relating to
zoning of the Town of Halfmoon," creating a Planned Development District
known as Tribley Residential Planned Development District.
Local Law #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 #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 "Tribley Residential Planned
Development District."
The area comprising said "Tribley Residential Planned Development
District" consists of approximately 22.08 acres, located at 315 Fann
to Market Road, immediately west of the intersection of Moreland Drive
and Farm to Market Road, tax map parcel 266.-2-2.11, depicted on the
map entitled "Tribley Residential PDD," dated March, 1, 2022, last
revised September 22, 2022, 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 "Tribley
Residential Planned Development District," a project generally consistent
with the Site Plan dated March 1, 2022, last revised September 22,
2022, prepared by Lansing Engineering, P.C., consisting of a maximum
of 38 single-family detached lots, the proposed minimum lot size is
10,000 square feet, with a maximum lot size of 28,111 square feet,
a thirty-foot no-cut buffer will be provided along the southern boundary
and along the southwest boundary behind lots 18-25 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 Building, Planning
and Development Department, and Saratoga County Sewer District #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 maybe changed, altered
or amended during the Town of Halfmoon Planning Board review process
in a manner generally consistent with Exhibit A.
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 $3,938 in mitigation costs for each
and every one of the 38 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:
D.
The applicant is aware and has consented to be responsible for any increase in GEIS and all applicable 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 § 166-952 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
$57,000. 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 Halfinoon 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
38 lots equaling a maximum of $57,000. 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 Lansing Engineering, 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 Tribley Residential 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.
A.
All utilities,
roads and/or streets within the Tribley Residential 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 constricted 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 contribute $500 per unit to the Town's General
Fund for a total of $19,000.
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 Marshall.
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 Tribley Residential 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 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 Tribley Residential 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 Tribley Residential
Planned Development District has not begun, or if, after construction
has begun, substantial progress, weather permitting, is not continued
without interruption.
