[Adopted 8-21-2001 by L.L. No. 3-2001]
This local law shall be known and may be cited
as Local Law 3 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 "Smith Road Development LLC."
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 "Smith Road
Development LLC Planned Development District."
The area comprising said Smith Road Development
LLC Planned Development District consisting of approximately 167+/-
acres in the Town of Halfmoon is bounded and described as set forth
in Exhibit A attached hereto and made a part hereof.
There shall be constructed within the area of
said "Smith Road Development LLC Planned Development District a project
generally consistent with the preliminary development plan dated August
15, 2001, made by Edwards and Kelcey, consisting of approximately
113 single-family residential building lots, each to be improved by
construction of a single-family residence (113 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 August 15, 2001,
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 August 15,
2001.
B. The planned development district shall contain approximately
113 single-family residences with approximately 7,300 linear feet
of new roads, stormwater management areas and payment of recreation
fees in lieu of parkland. The lots shall be placed upon approximately
77 acres with an additional approximately 90 acres to be designated
as green space, common areas, etc., a portion of which may be dedicated
to and owned by the Town of Halfmoon for possible recreational and
other purposes.
C. The project density will be plus or minus two units
per acre. Setbacks within the PDD shall include a thirty-foot front
yard setback, a ten-foot side yard and a thirty-foot rear yard setback.
There shall be approximately 7,300 linear feet of paved road within
a right-of-way having a minimum width of 50 feet and a twenty-two-foot
carriageway to preserve rural character.
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. Utilities shall be extended to the property, including
municipal sewer and water, electric, gas and telephone. Lot sizes
will be a minimum of 15,000 square feet with a minimum lot width of
100 feet at the building setback.
F. A distinct open space buffer area will be located
along the entrance road on Farm to Market Road as shown on the proposed
plan, and a proposed nature trail system will be constructed which
will be open to the public and will extend to the edge of the parcel
for future links to a Townwide system. Construction of the trail will
be completed prior to certificates of occupancy being granted for
the homes.
G. At the discretion of the Town Board, a portion of
Lots 16, 24 and 25 currently bordering the proposed passive recreation
area will be dedicated to the Town of Halfmoon, to expand the passive
recreation area to the east of the project site. This will occur in
the event that area is acquired by the Town of Halfmoon in the future.
H. An emergency access will be provided via a right-of-way
located east of the property to Old Smith Road. This emergency access
will be double-gated and will serve as a hammerhead to the termination
of Old Smith Road. The termination of Old Smith Road will be accomplished
by the applicant, at the applicant's sole cost and expense, and at
no cost to the Town.
I. 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.
J. Sanitary wastewater disposal will be achieved by constructing
a wastewater pumping station within the site connecting it to the
Saratoga County Sewer System on Farm to Market Road.
K. 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 if requested by the Town pursuant to §
166-443 hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer.
L. Pursuant to the SEQRA negative declaration adopted
by the Planning Board, the creation of the Smith Road Development
LLC 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 or
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 and in accordance with
the Town of Halfmoon Road Dedication Policy.
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 be responsible for the periodic
maintenance of all areas and facilities not accepted by the Town.
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.
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 Smith Road Development LLC PDD has not begun. The Town Board
may extend or modify this provision as it deems fit without the need
for any additional public hearing.
SCHEDULE A
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All that certain tract, piece, or parcel of
land situate in the Town of Half moon, County of Saratoga, State of
New York lying along the Southerly line of Farm To Market Road and
along the Northerly line of Vosburgh Road, being further bounded and
described as follows:
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Beginning at the point of intersection of the
common division line of Lands of McBride as conveyed in Book 553 of
Deeds at Page 360 to the East and lands herein by described to the
West, with the Southerly line of Farm To Market Road, thence from
said point of beginning along said common division line the following
two courses: 1.) South 07 deg. 15 min. 50 sec. East, 1595.00 feet
to a point,
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2.)Thence North 83 deg. 47 min. 20 sec. East,
967.85 feet to the point of intersection of said common division line
with the Westerly line of Lands of Country Club Acres Inc. as conveyed
in Book 1507 of Deeds at Page 592, thence along said Westerly line,
South 07 deg. 40 min. 20 sec. East, 1849.72 feet to a point in the
Northerly line of Lands of Kehoe as conveyed in Book 973 of Deeds
at Page 767, thence along the Northerly and Westerly lines of Lands
of said Kehoe the following three courses: 1.) South 82 deg. 25 min.
00 sec. West, 269.29 feet to a point, thence 2.) South 06 deg. 13
min. 30 sec. West, 104.96 feet to a point,
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3.) South 25 deg. 18 min. 10 sec. West, 734.85
feet to a point in the Northerly line of Vosburgh Road, thence along
said Northerly line, North 83 deg. 47 min. 20 sec. West, 303.44 feet
to the point of intersection of said Northerly line with the Easterly
line of Lands of Battes as conveyed in Book 917 of Deeds at Page 304,
thence along the Easterly and Northerly lines of lands of said Battes,
Lands of Palma as conveyed in Book 1514 of Deeds at Page 404, Lands
of Ostwald as conveyed in Book 1046 of Deeds at Page 76, and Lands
of Lucarelli as conveyed in Book 1344 of Deeds at Page 84 the following
five courses: 1.) North 07 deg. 33 min. 30 sec. West, 150.86 feet
to a point, thence 2.) North 83 deg. 23 min. 30 sec. West, 150.00
feet to a point, thence 3.) North 07 deg. 33 min. 30 sec. West, 26.89
feet to a point, thence 4.) North 83 deg. 44 min. 40 sec. West, 252.04
feet to a point, thence 5.) North 07 deg. 53 min. 10 sec. West, 216.74
feet to a point, thence through Lands of Mills the following three
courses:
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1.) North 14 deg. 51 min. 20 sec. East, 495.00
feet to a point, thence 2.) North 58 deg. 29 min. 40 sec. West, 690.00
feet to a point, thence 3.) South 81 deg. 52 min. 40 sec. West, 935.00
feet to a point in the Easterly line of Lands of Fitch as conveyed
in Book 1028 of Deeds at Page 849, thence along the Easterly line
of Lands of said Fitch, Lands of Disonell as conveyed in Book 919
of Deeds at Page 63, and Lands of Dunsic as conveyed in Book 1452
of Deeds at Page 333, North 08 deg. 07 min. 20 sec. West, 840.49 feet
to the point of intersection of said Easterly line with the Southerly
line of Lands of Moloney as conveyed in Book 996 of Deeds at Page
63, thence along the Southerly, Easterly, and Northerly lines of Lands
of said Moloney and Lands of Proctor as conveyed in Book 1474 of Deeds
at Page 29 the following four courses:
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1.) North 82 deg. 46 min. 30 sec. East, 855.36
feet to a point, thence 2.) North 11 deg. 26 min. 00 sec. East, 334.95
feet to a point, thence 3.) South 84 deg. 12 min. 40 sec. West, 690.90
feet to a point, thence 4.) South 84 deg. 17 min. 40 sec. West, 41.02
feet to the point of intersection of said Northerly line with the
Easterly line of Lands of Jablonski as conveyed in Book 978 of Deeds
at Page 640, thence along the Easterly line of Lands of said Jablonski,
Lands of Beeche as conveyed in Book 1054 of Deeds at Page 74, other
Lands of Beeche as conveyed in Book 843 of Deeds at Page 308, Lands
of Pilch as conveyed in Book 917 of Deeds at Page 977, and Lands of
Lesher as conveyed in Book 1441 of Deeds at Page 537
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North 08 deg. 00 min. 40 sec. West, 921.9.1
feet to the point of intersection of said Easterly line with the Southerly
line of Lands of Hoffman as conveyed in Book 1344 of Deeds at Page
664, thence along the Southerly and Easterly lines of Lands of said
Hoffman the following two courses: 1.) North 85 deg. 47 min. 00 sec.
East, 92.55 feet to a point, thence 2.) North 06 deg. 35 min. 30 sec.
West, 208.00 feet to the point of intersection of said Easterly line
with the Southerly line of Lands of MacCollum as conveyed in Book
1243 of Deeds at Page 758, thence along the Southerly and Easterly
lines of Lands of said MacCollum the following three courses:
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1.) North 62 deg. 45 min. 40 sec. East, 286.72
feet to a point, thence 2.) along a curve to the right, having a radius
of 495.74 feet, an arc length of 343.31 feet, and a chord of North
20 deg. 56 min. 10 sec. West, 336.49 feet to a point of reverse curvature,
thence 3.) along a curve to the left, having a radius of 25.00 feet,
an are length of 39.27 feet, and a chord of North 52 deg. 24 min.
40 sec. West, 35.36 feet to a point in the Southerly line of Smith
Road, thence along said Southerly line, North 82 deg. 24 min. 10 sec.
East, 110.27 feet to the point of intersection of said Southerly line
with the Westerly line of Lands of Reilly as conveyed in Book 1093
of Deeds at Page 442,
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Thence along the Westerly, Southerly, and, Easterly
lines of Lands of said Reilly and Lands of Lemner as conveyed in Book
1477 of Deeds at Page 117 the following three courses: 1,) South 07
deg. 46 min. 40 sec. East, 190.50 feet to a point, thence 2.) North
82 deg. 13 min. 30 sec. East, 295.00 feet to a point, thence 3.) North
07 deg. 46 min. 40 sec. West, 187.00 feet to a point in the Southerly
line of Smith Road, thence along the Southerly line of said Smith
Road and Farm To Market Road, the following three courses: 1.) North
80 deg. 01 min. 00 sec. East, 114.11 feet to a point, thence 2.) North
88 deg. 27 min. 20 sec. East, 176.03 feet to a point, thence 3.) North
81 deg. 37 min. 20 sec. East, 523.51 feet to the point of beginning
and containing 147.365+/- acres of land.
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Being a portion of lands conveyed to Gregory
S. Mills by deed dated July 11, 2000 and recorded in Book 1555 of
deeds at Page 570.
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