[Adopted 11-4-1999 by L.L. No. 6-1999]
This local law shall be known and may be cited as Local Law 6 of 1999, 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, creating a planned development district known as "Arlington Heights 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 "Arlington Heights Planned Development District."
The area comprising said Arlington Heights Planned Development District, consisting of approximately 25.15+/- 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 Arlington Heights Planned Development District a project generally consistent with the preliminary development plan dated July 3, 1999, last revised September 27, 1999, and made by Van Alstyne Associates, P.C., consisting of a maximum of 50 residential building lots, each to be improved by construction of a single-family residence (50 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 3, 1999, last revised September 27, 1999, attached herewith as Exhibit B and in general conformity with 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 3, 1999, last revised September 27, 1999.
B. 
The planned development district shall contain a maximum of 50 single-family residences with approximately 2,982+/- linear feet of new roads, stormwater management areas and payment of recreation fees in lieu of parkland. The lots shall be placed upon approximately 16 acres with an additional 5.9 acres to be designated as common areas, dedicated to and owned by a homeowners' association (HOA) to be formed for that and other purposes.
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 subdivision plan review by the Planning Board but in no case shall be less than 30 feet. Additional setbacks within the PDD shall include a thirty-five-foot front yard setback, ten-foot side yard and twenty-five-foot rear yard set back. There shall be approximately 2,982+/- linear feet of paved road within a right-of-way having a minimum width of 50 feet. The height of the structures will be 35 feet maximum.
D. 
The main access to the property will be from Farm to Market 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. The sewer main and pump station would be installed by the applicant to the Saratoga County Sewer District standards and offered for dedication to the Saratoga County Sewer District at no cost to the Saratoga County Sewer District.
F. 
Sanitary wastewater disposal achieved by construction wastewater pumping station within the site connecting it to gravity sewer system and the Farm to Market Road. This subdivision is in the Central Halve Maen Sewer District service area and an agreement will be necessary between the applicant and the Central Halve Maen Sewer District.
G. 
A detailed stormwater management plan will be developed during the subdivision approval process. The applicant or the HOA 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 if requested by the Town pursuant to § 166-425 hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer.
H. 
Existing vegetation within a thirty-foot wide area along the perimeter of the site shall be preserved to the maximum extent practicable.
I. 
Pursuant to the SEQRA negative declaration, the creation of the Arlington Heights Planned Development District was determined to meet the intent of the Town of Halfmoon Zoning Law regarding PDDs.
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, except for roadway widths and type of curbing, and 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 shall dedicate same to the 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.
Cast and place concrete curbing will be used to form the storm drainage gutters within the street cross section. Road pavement width shall vary from twelve-foot lane to complete to a twenty-foot lane. The circle, landscape islands and boulevards shall also have concrete curbing. All improvements including said roadways shall be maintained by the homeowners' association to be created. Cast-in-place concrete sidewalks will be constructed adjacent to the roadways, with an easement on the lots outside of the road right-of-way, also to be maintained by the homeowners' association.
Membership in the homeowners' association will be mandatory for each residence constructed within the development. The homeowners' association will be responsible for the ownership, operation and maintenance of all common areas, landscape and maintenance of all landscape islands within the Town's right-of-way, maintenance of all streets, trees, sidewalks and lawn care of each residential lot.
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 Arlington Heights PDD has not begun, or if after construction has begun substantial progress, weather permitting, is not continued without interruption. The Town Board may extend or modify this provision as it deems fit without the need for any additional public hearing.
[Added 11-20-2001 by L.L. No. 7-2001]
A. 
This local law shall be known and may be cited as Local Law 7 of 2001, 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, creating a planned development district known as "Arlington Heights Planned Development District."
B. 
Local 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 "Arlington Heights Planned Development District."
C. 
The area comprising said Arlington Heights Planned Development District, consisting of approximately 25.15+/- 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 Arlington Heights Planned Development District a project generally consistent with the preliminary development plan dated July 3, 1999, last revised September 27, 1999, and made by Van Alstyne Associates, P.C., consisting of a maximum of 50 residential building lots, each to be improved by construction of a single-family residence (50 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 3, 1999, last revised September 27, 1999, attached herewith as Exhibit B and in general conformity with 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 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 3, 1999, last revised September 27, 1999.
(2) 
The planned development district shall contain a maximum of 50 single-family residences with approximately 2,982+/- linear feet of new roads, stormwater management areas and payment of recreation fees in lieu of parkland. The lots shall be placed upon approximately 16 acres with an additional 5.9 acres to be designated as common areas, dedicated to and owned by a homeowners' association (HOA) to be formed for that and other purposes.
(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 subdivision plan review by the Planning Board but in no case shall be less than 30 feet. Additional setbacks within the PDD shall include a thirty-five-foot front yard setback, ten-foot side yard and twenty-five-foot rear yard setback . . . and/or construction bonds or letter of credit, and title insurance in an amount approved by the Town Attorney.
E. 
Approval of the State Department of Health and Town Engineer will be obtained for the water system, as appropriate.
F. 
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.
G. 
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.
H. 
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 shall dedicate same to the 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.
I. 
Any signs within the district shall comply with the requirements established by the Planning Board during subdivision approval.
J. 
Cast-in-place concrete curbing will be used to form the storm drainage gutters within the street cross section. Road pavement width shall vary from twelve-foot lane to complete to a twenty-foot lane. The circle, landscape islands and boulevards shall also have concrete curbing. All improvements, including said roadways, shall be maintained by the homeowners' association to be created. Cast-in-place concrete sidewalks will be constructed adjacent to the roadways, with an easement on the lots outside of the road right-of-way, also to be maintained by the homeowners' association. Membership in the homeowners' association will be mandatory for each residence constructed within the development. The homeowners' association will be responsible for the ownership, operation and maintenance of all common areas, landscape and maintenance of all landscape islands within the Town's right-of-way, maintenance of all streets, trees, sidewalks and lawn care of each residential lot.
K. 
This local law shall take effect upon being filed in the Office of the Secretary of State and the Office of the Comptroller as provided in the Town Law and/or Municipal Home Rule Law.
L. 
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.
M. 
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 Arlington Heights PDD has not begun, or if after construction has begun substantial progress, weather permitting, is not continued without interruption. The Town Board may extend or modify this provision as it deems fit without the need for any additional public hearing.
[Added 1-17-2006 by L.L. No. 2-2006]
A. 
This local law shall be known and may be cited as Local Law No. 2 of 2006, 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, a planned development district known as "Arlington Heights Planned Development District," and amending Local Law No. 6 of 1999.
B. 
Local 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 by Local Law No. 6 of 1999, be and the same hereby are further amended by amending the local law creating the residential planned development district to be known and described as "Arlington Heights Planned Development District."
C. 
The area comprising said Arlington Heights Planned Development District, consisting of approximately 28.71+/- 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 Arlington Heights a project generally consistent with the preliminary development plan dated January 13, 2005, last revised December 5, 2005, and made by Environmental Design Partnership, LLP, consisting of a maximum of 44 single-family residential building lots, each to be improved by construction of a single-family residence 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 January 13, 2005, last revised December 5, 2005, attached herewith as Exhibit B and in general conformity with the Zoning Ordinance of the Town of Halfmoon with relation to planned development districts.[1]
(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 January 13, 2005, last revised December 5, 2005. The planned development district shall contain a maximum of 44 single-family residences with approximately 3,200+/- linear feet of new roads, stormwater management areas and payment of recreation fees in lieu of parkland. The minimum lot size shall be 10,000 square feet. The sum of $2,000 shall be paid per lot as and for a public benefit. The lots shall be placed upon approximately 23 acres with an additional 4.92 acres to be designated as common areas, dedicated to and owned by a homeowners' association (HOA) to be formed for that and other purposes.
(2) 
The project density will be 1.75 units per acre. The setback for the proposed structures from the nearest single-family property line abutting the project site will be determined during subdivision plan review by the Planning Board. There will be a minimum of seventy-five-foot width at the right-of-way line. Setbacks within the PDD shall include a thirty-five-foot front yard setback, ten-foot side yard and twenty-five-foot rear yard set back. There shall be approximately 3,200+/- linear feet of paved road within a right-of-way having a minimum width of 44 feet. The height of the structures will be 35 feet maximum.
(3) 
The main access to the property will be from Farm to Market Road. The right-of-way shall have a minimum width 44 feet with eight-feet-wide utility easements on either side. The exact final location of the access road shall be determined during the subdivision approval process.
(4) 
A detailed stormwater management plan will be developed during the subdivision approval process. The applicant or the HOA 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 if requested by the Town pursuant to Subsection G hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer.
(5) 
Existing vegetation within a thirty-foot-wide area along the perimeter of the site shall be preserved to the maximum extent practicable and a thirty-foot-wide restricted clearing buffer shall be preserved along the western property boundary.
(6) 
Pursuant to the SEQRA negative declaration issued in September of 1999, the creation of the Arlington Heights Planned Development District was determined to meet the intent of the Town of Halfmoon Zoning Law regarding planned development districts. The plan has not been modified greatly since the SEQRA negative declaration was filed.
[1]
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 except for roadway widths and type of curbing, and 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. Sanitary wastewater disposal will be achieved by construction of a wastewater pumping station within the site connecting it to gravity sewer system and the Farm to Market Road. This subdivision is in the Central Halfmoon Sewer Corporation service area and an agreement will be necessary between the applicant and the Central Halfmoon Sewer Corporation.
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 shall dedicate same to the 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. 
Cast- or poured-in-place concrete curbing will be used to form the storm drainage gutters within the street cross section. Proposed Road A will have a sixty-foot-wide right-of-way. A ten-foot-wide landscaped boulevard entrance with sixteen-foot-wide drive aisles on either side will be constructed at the site's entrance for a length of 23+/- feet from the right-of-way of Farm to Market Road. A typical pavement section of 28 feet with poured in place or pre-cast concrete curb for proposed Roads B, C and a portion of Proposed Road A. The circle, landscape islands and boulevards shall also have concrete curbing. All improvements except for the roadways shall be maintained by the homeowners' association to be created. Cast- or poured-in-place concrete sidewalks will be constructed adjacent to the roadways, with an easement on the lots outside of the road right-of-way, also to be maintained by the homeowners' association. Ornamental lighting and street tree plantings are proposed along the public road with a five-foot-wide pedestrian sidewalk along proposed public roads.
N. 
Membership in the homeowners' association will be mandatory for each residence constructed within the development. The homeowners' association will be responsible for the ownership, operation and maintenance of all common areas, landscape and maintenance of all landscape islands within the Town's right-of-way, maintenance of all streets, trees, sidewalks and lawn care of each residential lot.
O. 
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.
P. 
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 Arlington Heights PDD has not begun, or if after construction has begun substantial progress, weather permitting, is not continued without interruption. The Town Board may extend or modify this provision as it deems fit without the need for any additional public hearing.