[Adopted 8-7-1990 by L.L. No. 4-1990]
This local law shall be known and may be cited as Local Law 4 of 1990 amending Local Law No. 2 of 1973 of the Town of Halfmoon, entitled "Local Law Relating to Zoning for the Town of Halfmoon," as previously amended and supplemented by the local laws and an ordinance relating to zoning of the Town of Halfmoon, adopted October 7, 1986, providing for the creation of a planned development district to be known as "Lexington Commons Planned Development District," as shown on a preliminary map thereof dated March 20, 1990, made by the Saratoga Associates.
Local Law No. 2 of 1973 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. 1 of 1984, as previously amended and supplemented by the Zoning Ordinance of the Town of Halfmoon adopted on October 7, 1986, be and the same hereby are amended by changing from Residence District R-1 a certain area in the Town of Halfmoon, described in Exhibit 1 annexed hereto, and creating coterminous with the boundaries of said area a residential planned development district to be known and described as "Lexington Commons Planned Development District."
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
The area comprising said Lexington Commons Planned Development District, consisting of approximately 17.75 acres in the Town of Halfmoon, is bounded and described as set forth in Exhibit A attached hereto and made a part hereof.
A. 
There shall be constructed within the area of said Lexington Commons Planned Development District a project generally consistent with the preliminary development plan dated March 20, 1990, consisting of nine residential structures containing eight condominium units each (72 total units) together with the necessary infrastructure and utilities to support the development, green space, parking areas, zone buffers and improvements appurtenant thereto in general conformity with the plan dated March 20, 1990, attached herewith as Exhibit B, and the Zoning Ordinance of the Town of Halfmoon with relation to planned development districts.
B. 
Before the issuance of any building permit, final plans and specifications shall be submitted to the Planning Board of the Town of Halfmoon for site review, engineering analysis and approval and filed with the Town Clerk of the Town of Halfmoon. The exact location and size of buildings, parking areas, tennis courts, green space, sidewalks, interim roads and other related matter may be changed, altered or amended during the Town of Halfmoon Planning Board site plan review process in a manner generally consistent with the preliminary plan.
C. 
The planned development district shall be one lot of approximately 17.75 acres with 3.02 acres to be used for roads and parking, 1.32 acres to be buildings and the remaining 13.41 acres to be green space (lawn; landscaped area, and existing woodland to remain undisturbed). The residential structures will be wholly located within the Town of Halfmoon Water Improvement Area on the southerly portion of the lot.
D. 
The project density will be 4.06 units per acre. The setback for the proposed structures from the nearest single-family property line to the south will be a minimum 45 feet. The height of the structures will be 25 feet maximum.
E. 
The main access to the property may be from a boulevard type access at NYS Route 236 and a secondary access to Pine Lane. The secondary egress is included to mitigate potential difficulties for emergency vehicle access and snowplowing access.
F. 
A traffic analysis has been prepared for the project based upon existing conditions and projected traffic for NYS Route 236 and Guideboard Road. The conclusions of the study are that 1992 traffic conditions will change from a LOS B to a LOS C regardless of the traffic generated by Lexington Commons. Greiner Engineering has recommended that consideration be given to adjusting the signal timing of the existing signal light at NYS Route 236 and Guideboard Road to achieve optimal operating conditions at this intersection and that a stop sign be installed from the main entry (westbound approach) to NYS Route 236. Further improvements may be required by the NYSDOT and Saratoga County as the permit review process progresses. Also, required signage within the project will be installed at the direction of the Planning Board.
G. 
Adjacent to the project site to the north is Pine Lane, a dead-end roadway that provides access to several residential properties. It has been a consistent policy of the Town to provide a second connection for dead-and roads whenever possible to improve snowplowing and emergency vehicle access. Therefore, connection of Pine Lane with the proposed project roadway and appropriate dedication will be considered during the project review process.
H. 
A water main will be extended from Knox Woods to Pine Lane. The eight-inch ductile iron water main will begin at the existing water main in Knox Boulevard and run southwesterly along Route 236 to terminate at the intersection of Pine Lane and Route 236. The water main will be installed as a dry main with proper valving so that it may be charged at a future date when the Halfmoon Water District is extended. This improvement will be completed prior to receiving a certificate of occupancy for any dwelling unit.
I. 
Projected water use for the proposed project is estimated at 150 gpd/unit or 10,800 gallons per day (gpd). Water service is to be provided by connection to an existing eight-inch water main across Route 236. Fire hydrants and all buildings will be served by this main. The proposed structures are within the Halfmoon Water Improvement Area, which has the capacity to serve the demands of this project.
J. 
With regard to sanitary waste disposal, the trunk sewer at Guideboard Road, approximately 785 feet from the project parcel, would be accessed by an eight-inch gravity sewer. The first 50 feet has been installed in conjunction with a commercial development near Guideboard Road and the remaining sewer would be installed by the applicant. The proposal has been conceptually approved by Saratoga County Sewer District No. 1. Properties along the proposed sewer extension would be permitted to connect to the new main.
K. 
The proposed project will have self-sufficient stormwater management system including storm sewer, drainage swales, and detention pond, Predominant soils on site are Hydrologic Soil Group A which exhibit high infiltration rates and low runoff potential. Stormwater runoff for the project was calculated based on a twenty-five-year storm recurrence interval. The runoff will slightly increase from 32 cubic feet per second (cfs) to 33 cfs for the total watershed area. A detailed stormwater management plan will be developed during site plan review.
L. 
The proposed 72 units will be clustered on the southern portion of the parcel, which will allow for the preservation of existing vegetation along the northern portion of the site. Additional landscaping and/or berms will be required to reduce impacts to other areas adjacent to the developed site.
M. 
Pursuant to the SEQRA negative declaration, the creation of the Lexington Commons Planned Development District meets the intent of the Town of Halfmoon Zoning Law regarding PDDs. The project density (4.06 units per acre) is less than the maximum density permitted for a residential PDD with multifamily dwellings (12 units per acre).
N. 
Clustering of the buildings on the southern portion of the project site is an innovative technique which will allow for the retention of existing trees and vegetation within the open space and the reduction of roadway and impervious surfaces which contribute to stormwater runoff.
O. 
The proposed project provides a transition between the commercial and high-density residential land uses to the south and the existing single-family residences to the north.
All buildings shall be designed and constructed in strict compliance with the New York State Building Code. The construction of all buildings shall be subject to the inspection and approval of the Building Inspector of the Town of Halfmoon, and Fire Marshal thereof.
A building permit shall be issued for any building in the district only upon the issuance of a curb cut permit for any highway access by New York State Department of Transportation and/or other improvements required by the Saratoga County Department of Public Works.
All utilities, roads and/or streets to be constructed pursuant to this local law which shall be dedicated to the Town shall be constructed pursuant to specifications for the construction of Town utilities and highways in the Town of Halfmoon and dedicated to the Town at the Town's discretion, with appropriate proof of ownership, maintenance and/or construction bids, title insurance in an amount approved by the Town Engineer, etc.
A. 
Before construction of any building in the Lexington Commons Planned Development District is started or any building permit is issued relating thereto, final plans and specifications shall be submitted to the Planning Board of the Town of Halfmoon and filed with the Town Clerk of the Town of Halfmoon. Planning Board site plan approval is required prior to construction and is a condition precedent for issuance of a building permit.
B. 
During the construction of Lexington Commons Planned Development District, there shall be constructed as set forth in general conformity with the preliminary plans dated March 20, 1990, as part of the plans and specifications to be approved by the Planning Board of the Town of Halfmoon.
C. 
Approval of the State Department of Health and Town Engineer will be obtained for the water system, as appropriate.
All improvements shall be designed and constructed pursuant to plans and specifications approved by a duly licensed architect and in strict compliance with the New York State Building Code. The Planning Board shall not give approval as referred to in said local law relating to zoning, Section 1002, paragraph 8,[1] 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 contingent upon the applicant's obtaining some or all such other necessary approvals. The architect performing the work herein described shall be employed by and at the expense of the developer. All construction during performance thereof and upon completion shall be subject to the inspection and approval of the Enforcement Officer and Fire Marshal of the Town of Halfmoon. All roads and/or streets to be constructed within the project limits pursuant to this local law shall be constructed pursuant to specifications at the time in effect for the construction of Town highways in the Town of Halfmoon.
[1]
Editor's Note: See now § 165-54H of the Zoning chapter.
Upon satisfactory completion and connection in accordance with the requirements of the appropriate state agencies, all sewage facilities including mains and manholes shall be offered to Saratoga County Sewer District No. 1 at no cost to said district with delivery to said Saratoga County Sewer District No. 1 of duly executed deeds, easements and bills of sale, as appropriate, together with easements for the maintenance, repair and replacement of all those portions of the system which lie outside the limits of the dedicated streets.
The homeowners' association shall be responsible for the periodic maintenance of all stormwater management facilities. For all those portions of the stormwater management facilities, including pipes, catch basins, manholes and retention areas, which lie outside the limits of dedicated streets, easements for emergency maintenance and/or repair of the system shall be conveyed to the Town of Halfmoon at no cost to the Town of Halfmoon if requested by the Town of Halfmoon at any time.
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector, Town Fire Marshal and Town Engineers. Fire hydrants shall be installed in accordance with appropriate standards and codes, when available, at the developer's sole cost.
All signs within the district shall comply with the requirements established by the Planning Board during site plan review.
Section 402 of the said Local Law No. 2 of 1973, Zoning Map, as revised, amended and supplemented by the local law relating to zoning of the Town of Halfmoon adopted October 7, 1986, is hereby amended by providing that Lexington Commons Planned Development District be set forth on a conceptual site plan, which is hereby made a part of this local law as Exhibit B dated March 20, 1990; the property set forth on such map is the same real property described in the description annexed hereto and marked Exhibit A, made by The Saratoga Associates.
The Town Board may, upon the request of the then owners of the site, modify any of the provisions of this local law upon such terms as the Town Board shall determine to be reasonable.
This local law shall be deemed automatically revoked and void and the previous regulations shall apply if, within three years from the approval of the Town Board of this local law, commencement of the construction of the Lexington Common POD has not begun, or if after construction has begun substantial progress is not continued without interruption.
[Added 5-5-1992 by L.L. No. 1-1992]
A. 
This local law shall be known and may be cited as Local Law 1 of 1992, amending Local Law No. 2 of 1973 of the Town of Halfmoon, entitled "Local Law Relating to Zoning for the Town of Halfmoon," as previously amended and supplemented by the local laws and an ordinance relating to zoning of the Town of Halfmoon adopted October 7, 1986, and Local Law No. 4 of 1990, providing for the creation of a planned development district to be known as "Lexington Commons Planned Development District."
B. 
Local Law No. 2 of 1973 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. 1 of 1984, as previously amended and supplemented by the Zoning Ordinance of the Town of Halfmoon, adopted on October 7, 1986, and by Local Law No. 4 of 1990, be and the same hereby are further amended by modifying the provisions applicable to the residential planned development district known and described as Lexington Commons Planned Development District, which was created by said Local Law No. 4 of 1990.
C. 
The area comprising said Lexington Commons Planned Development District, consisting of approximately 17.76 acres in the Town of Halfmoon, is bounded and described as set forth in Exhibit A attached hereto and made a part hereof.
D. 
There shall be constructed within the area of said Lexington Commons Planned Development District a project generally consistent with the preliminary development plan dated December 31, 1991, and made by the L.A. Group and Percy Cotton Associates, consisting of 39 residential building lots, each to be improved by construction of a single-family residence (39 total units) together with the necessary infrastructure and utilities to support the development, stormwater management area, zone buffers and improvements appurtenant thereto in general conformity with the plan dated December 31, 1991, attached herewith as Exhibit B, and the Zoning Ordinance of the Town of Halfmoon with relation to planned development districts.
(1) 
Before application is made for any building permit, preliminary and final subdivision approval shall be obtained from the Planning Board of the Town of Halfmoon, and the final subdivision plat shall be signed by all governmental entities having jurisdiction thereof and filed in the Saratoga County Clerk's office. The exact location and size of lots, roadways, buffer zones, green space, and other related matter may be changed, altered or amended during the Town of Halfmoon Planning Board subdivision approval process in a manner generally consistent with the preliminary development plan.
(2) 
The planned development district shall contain 39 single-family residences on approximately 13.10 total acres, of which 3.59 acres shall be designated as a deed-restricted buffer zone, with 3.74 acres to be used for roads and the remaining 0.92 acres to be a stormwater management area.
(3) 
The project density will be 2.20 units per acre. The setback for the proposed structures from the nearest single-family property line abutting the project site will be determined during site plan review by the Planning Board. The height of the structures will be 35 feet maximum.
(4) 
The main access to the property will be from NYS Route 236. A possible secondary access to Pine Lane, a dead-end roadway to the north, shall be determined during the subdivision approval process.
(5) 
Projected water use for the proposed project is estimated at 320 gallons per day per unit or a total of 12,480 gallons per day. A water main will be extended from Knox Woods to Pine Lane at the applicant's sole cost and expense. The eight-inch ductile iron water main will begin at the existing water main in Knox Boulevard and run southwesterly along Route 236 to the intersection of Pine Lane and continue southeasterly and southerly along Pine Lane to the project site. Laterals shall be extended from the main along Pine Lane to the property line of existing Pine Lane residences, at the applicant's sole expense. Fire hydrants and all buildings on the project site will be served by this main. Fire hydrants shall be installed in accordance with appropriate standards and codes, at the applicant's sole cost. In addition, one water service line shall be extended from the project site to the boundary between the project and lands now or formerly of Geleta; one water service line shall be extended from the project site to the boundary between the project and lands now or formerly of Herbert; and one water service line shall be extended from the project site to the boundary between the project and lands now or formerly of Bobar, at applicant's sole cost and expense.
(6) 
A portion of the project site is within Halfmoon Water District No. 5, which has the capacity to serve the demands of the entire project site. For lots outside the district, the applicant shall enter into an outside user agreement with a district and shall pay a one-time fee of $975 per lot for the provision of water service to said lots, payable upon final subdivision approval. Said District No. 5 may hereafter be extended to include said lots, but such extension is not a condition of this local law. The rates charged per lot for water usage shall be the same for all lots within the project site. All lots shall pay debt retirement to the district of which they are a part or the district providing water pursuant to the outside user agreement, whichever is appropriate.
(7) 
Sanitary waste disposal shall be achieved by connection to existing mains of Saratoga County Sewer District No. 1, in which the project site is located. The applicant may connect to said district's trunk sewer at Guideboard Road, approximately 785 feet from the project site, by installation of an eight-inch gravity sewer along Route 236. The first 50 feet of main have been installed in conjunction with a commercial development near Guideboard Road, and the remaining sewer main would be installed by the applicant. The district has conceptually approved this and other possible connections. Properties along the sewer main to be installed by applicant will be permitted to connect thereto, and applicant shall extend laterals to the property line of such properties at the applicant's sole expense. In addition, applicant shall install a pressure sewer main along Pine Lane, including laterals to the property line, to which residents of Pine Lane can connect at their own expense. All sewer mains and appurtenances constructed by the applicant shall be dedicated to said district pursuant to Subsection J hereof.
(8) 
A detailed stormwater management plan will be developed during the subdivision approval process. The applicant shall retain title to the stormwater management area as shown on the final subdivision plat for a period of one year after completion of site improvements and certification by the Town Engineers of their adequacy. Upon expiration of said one-year period and certification by the Town Engineers, the applicant shall offer the stormwater management area for dedication to the Town pursuant to Subsection G hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer.
(9) 
Existing vegetation along the northern portion of the site will be preserved to the extent practicable. All deeds shall contain language restricting rear yard clearing in order to create a buffer zone 50 feet in depth along Route 236 and 30 feet in depth at the rear of all other lots in the project and thereby to reduce impacts to other areas adjacent to the project site. In addition, the stormwater management area shall be cleared only to the extent reasonably necessary for said area to function as intended.
(10) 
Pursuant to the SEQRA negative declaration, the creation of the Lexington Commons Planned Development District was determined to meet the intent of the Town of Halfmoon Zoning Law regarding PDDs.
(11) 
The proposed project provides a transition between the commercial and high-density residential land uses to the south and the existing single-family residences to the north.
E. 
All buildings shall be designed and constructed in strict compliance with New York State Uniform Fire Prevention and Building and Construction Code. The construction of all buildings shall be subject to the inspection and approval of the Building Inspector of the Town of Halfmoon and Fire Marshal thereof.
F. 
A building permit shall be issued for any building in the district only upon filing of the final subdivision plat, with all required governmental approvals affixed thereto, in the Saratoga County Clerk's office, and upon the issuance of a curb cut permit for any highway access by New York State Department of Transportation and/or other improvements required by the Saratoga County Department of Public Works.
G. 
All utilities, roads and/or streets to be constructed pursuant to this local law shall be constructed pursuant to specifications for the construction of Town utilities and highways in the Town of Halfmoon, shall be subject to construction and inspection pursuant to the zoning and planning ordinances of the Town, and shall be dedicated to the Town at the Town's discretion with appropriate proof of ownership, maintenance and/or construction bonds or letter of credit, and title insurance in an amount approved by the Town Attorney.
H. 
Approval of the State Department of Health and Town Engineer will be obtained for the water system, as appropriate.
I. 
All improvements shall be designed and constructed pursuant to plans and specifications approved by a duly licensed architect or engineer and in strict compliance with the New York State Uniform Fire Prevention and Building and Construction Code. The Planning Board shall not give final subdivision 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 contingent upon the applicant obtaining all such other necessary approvals. The architect or engineer performing the work herein described shall be employed by and at the expense of the developer. All construction during performance thereof and upon completion shall be subject to the inspection and approval of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
J. 
Upon satisfactory completion and connection in accordance with the requirements of the appropriate state agencies, all sewage facilities, including mains and manholes for the project site and Pine Lane, shall be offered to Saratoga County Sewer District No. 1 at no cost to said district with delivery to said Saratoga County Sewer District No. 1 of duly executed deeds, easements and bills of sale, as appropriate, together with easements for the maintenance, repair and replacement of all those portions of the system which lie outside the limits of the dedicated streets.
K. 
In the event that dedication of the stormwater management area and any other areas proposed for dedication is not accepted by the Town, the applicant may create a homeowners' association which shall be responsible for the periodic maintenance of all areas and facilities not accepted by the Town. The specific portions of the project site for possible conveyance to the homeowners' association shall be determined during the subdivision approval process. In the event the Town does not accept any areas proposed for dedication, with respect to all those portions of the stormwater management facilities including pipes, catch basins, manholes and retention areas which lie outside the limits of dedicated streets, easements for emergency maintenance and/or repair of the system shall be conveyed to the Town of Halfmoon at no cost to the Town of Halfmoon if requested by the Town of Halfmoon at any time.
L. 
Any signs within the district shall comply with the requirements established by the Planning Board during subdivision approval.
M. 
Section 402 of the said Local Law No. 2 of 1973, Zoning Map, as revised, amended and supplemented by the local law relating to zoning of the Town of Halfmoon adopted October 7, 1986, is hereby amended by providing that Lexington Commons Planned Development District be set forth on a preliminary development plan dated December 31, 1991, which is hereby made a part of this local law as Exhibit B. The property set forth on such map is the same real property described in the description annexed hereto and marked Exhibit A, made by Gilbert Van Guilder.
N. 
The Town Board may, upon the request of the then owners of the site, modify any of the provisions of this local law upon such terms as the Town Board shall determine to be reasonable.
O. 
This local law shall be deemed automatically revoked and void and the previous regulations shall apply if, within three years from the approval of the Town Board of this local law or within such additional period as the Town Board may subsequently provide without a further public hearing, commencement of the construction of the Lexington Commons PDD has not begun, or if after construction has begun substantial progress, weather permitting, is not continued without interruption.