[Adopted 11-16-1993 by L.L. No. 4-1993]
This local law shall be known and may be cited as Local Law 4 of 1993, amending the Zoning Ordinance of the Town of Halfmoon, and the map and official regulations relating to zoning of the Town of Halfmoon.
Local 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 further amended by creating the residential planned development district to be known and described as "Werner Road Planned Development District."
The area comprising said Werner Road Planned Development District, consisting of approximately 60.66+/- acres in the Town of Halfmoon, is bounded and described as set forth in Exhibit A attached hereto and made a part hereof.
[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 "Werner Road Planned Development District" a project generally consistent with the preliminary development plan dated July 1993, last revised September 3, 1993, and made by Van Alstyne Associates, consisting of 125 residential building lots, each to be improved by construction of a single-family residence (125 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 July 1993, last revised September 3, 1993, attached herewith as Exhibit B, and the Zoning Ordinance of the Town of Halfmoon with relation to planned development districts.
A. 
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 either in total or in phases as approved by said Planning Board in the Saratoga County Clerk's office. The exact location and size of lots, roadways, buffer zones, green space, and other related matters 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 dated July 1993, last revised September 3, 1993.
B. 
The planned development district shall contain 125 single-family residences on approximately 60.66 total acres, with approximately 7,500 linear feet of new Town roads, a stormwater management area and payment of recreation fees in lieu of parkland.
C. 
The project density will be plus or minus two 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 with a thirty-foot front yard setback, one-hundred-foot width at building setback, 28 feet linear feet of paved road and a 50 linear feet right-of-way. The height of the structures will be 35 feet maximum.
D. 
The main access to the property will be from Werner Road. The exact final location of the access road shall be determined during the subdivision approval process.
E. 
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 Werner Road, approximately 785 feet from the project site, by installation of a pressure sewer along Werner Road, or through lands of New York State Electric and Gas to a manhole in Badertscher Drive by means of a gravity sewer. The sewer main would be installed by the applicant.
F. 
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 properties on the west side of Werner Road abutting applicant's parcel and being parcels shown on the Tax Map on the date of this amendment, at the applicant's sole expense. In addition, applicant shall install a sewer main across Werner Road at two locations, to which residents of the east side of Werner Road can connect at their own expense. All sewer mains and appurtenances constructed by the applicant shall be dedicated to said Saratoga County Sewer District pursuant to § 166-273 hereof.
G. 
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 § 166-270 hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer.
H. 
Existing vegetation along the perimeter of the site will be preserved to the extent practicable. All deeds for lots created on the easterly property line shall contain language restricting rear yard clearing, in order to create a buffer zone 50 feet in depth along the easterly property line abutting the existing lots on Werner Road, 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.
I. 
Pursuant to the SEQRA negative declaration, the creation of the Werner Road Planned Development District was determined to meet the intent of the Town of Halfmoon Zoning Law regarding PDDs.
J. 
The proposed project provides a transition between the commercial and light industrial land uses to the south and west and the existing single-family residences to the north.
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.
A building permit shall be issued for any building in the district only upon filing of the final subdivision plat, in phases as approved by the Planning Board, with all required governmental approvals affixed thereto, in the Saratoga County Clerk's office.
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 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.
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 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's 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.
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, 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.
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.
Any signs within the district shall comply with the requirements established by the Planning Board during subdivision approval.
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 Werner Road Planned Development District is approved as set forth on a preliminary development plan dated July 1993, 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.[1]
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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, or within such additional period as the Town Board may subsequently provide without a further public hearing, commencement of the construction of the Werner Road PDD has not begun, or if after construction has begun, substantial progress, weather permitting, is not continued without interruption.
[Added 2-1-1994 by L.L. No. 1-1994]
A. 
This local law shall be known and may be cited as Local Law No. 1 of 1994, amending the Zoning Ordinance of the Town of Halfmoon, and the map and official regulations relating to zoning of the Town of Halfmoon.
B. 
Local 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 further amended by creating the residential planned development district to be known and described as "Werner Road Planned Development District."
C. 
The area comprising said Werner Road Planned Development District, consisting of approximately 60.397+/- acres in the Town of Halfmoon is bounded and described as set forth in Exhibit A attached hereto and made a part hereof.[1]
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
D. 
There shall be constructed within the area of said Werner Road Planned Development District a project generally consistent with the preliminary development plan dated July 1993, last revised September 3, 1993, and made by Van Alstyne Associates, consisting of 125 residential building lots, each to be improved by construction of a single-family residence (125 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 July 1993, last revised September 3, 1993, attached herewith as Exhibit B, and the Zoning Ordinance of the Town of Halfmoon with relation to planned development districts.[2]
(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 either in total or in phases as approved by said Planning Board in the Saratoga County Clerk's office. The exact location and size of lots, roadways, buffer zones, green space, and other related matters 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 dated July 1993, last revised September 3, 1993.
(2) 
The planned development district shall contain 125 single-family residences on approximately 60.397 total acres, with approximately 8,000 linear feet of new Town roads, a stormwater management area and payment of recreation fees in lieu of parkland.
(3) 
The project density will be plus or minus two 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 with a thirty-foot front yard setback, eighty-foot width at building setback, 28 linear feet of paved road and 50 feet linear right-of-way. The height of the structures will be 35 feet maximum.
(4) 
The main access to the property will be from Werner Road. The exact final location of the access road shall be determined during the subdivision approval process.
(5) 
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 Werner Road, approximately 785 feet from the project site, by installation of a pressure sewer along Werner Road, or through lands of New York State Electric and Gas to a manhole in Badertscher Drive by means of a gravity sewer. The sewer main would be installed by the applicant.
(6) 
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 properties on the west side of Werner Road abutting applicant's parcel and being parcels shown on the tax map on the date of this amendment, at the applicant's sole expense. In addition, applicant shall install a sewer main across Werner Road at two locations, to which residents of the east side of Werner Road can connect at their own expense. All sewer mains and appurtenances constructed by the applicant shall be dedicated to said Saratoga County Sewer District pursuant to Subsection J hereof.
(7) 
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.
(8) 
Existing vegetation along the perimeter of the site will be preserved to the extent practicable. All deeds for lots created on the easterly property line shall contain language restricting rear yard clearing, in order to create a buffer zone along the easterly property line abutting the existing lots on Werner Road, as determined by the Planning Board in its review process, 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.
(9) 
Pursuant to the SEQRA negative declaration, the creation of the Werner Road Planned Development District was determined to meet the intent of the Town of Halfmoon Zoning Law regarding PDDs.
(10) 
The proposed project provides a transition between the commercial and light industrial land uses to the south and west and the existing single-family residences to the north.
[2]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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, in phases as approved by the Planning Board, with all required governmental approvals affixed thereto, in the Saratoga County Clerk's office.
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 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's 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, 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 Werner Road Planned Development District is approved as set forth on a preliminary development plan, dated July 1993, last revised September 3, 1993, 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 P.L.S.[3]
[3]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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 Werner Road PDD has not begun, or if after construction has begun substantial progress, weather permitting, is not continued without interruption.