[Adopted 8-21-2001 by L.L. No. 4-2001]
This local law shall be known and may be cited
as Local Law 4 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 "Farm to Market 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 "Farm to
Market Road Development LLC Planned Development District."
The area comprising said Farm to Market Road
Development LLC Planned Development District, consisting of approximately
54+/- 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 Farm to Market 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
73 single-family residential building lots, each to be improved by
construction of a single-family residence (73 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
73 single-family residences with approximately 4,500 linear feet of
new roads, together with stormwater management areas and payment of
recreation fees in lieu of parkland. The lots shall be placed upon
approximately 46 acres with an additional 9.44 acres to be designated
as the farm plot, not to be further subdivided, dedicated to and owned
by a homeowners' association (HOA) to be formed for that and other
purposes, with approximately 40% open space overall.
C. Additional 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 4,500 linear feet
of paved road within a right-of-way having a minimum width of 50 feet,
the boulevard of 14 feet each lane, and a carriageway of 22 feet to
preserve the rural character. 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. Easements will be granted to the Town within the Farm
to Market Road Development LLC that will allow for the construction
of a future sanitary sewer trunk line identified in the new North
Halfmoon GEIS for the Town of Halfmoon. A portion of the proposed
sanitary sewer network for the residential subdivision will serve
as a segment of the trunk line as shown on the proposed plan. This
segment will be sized to accommodate flows from the contributing areas
identified in the North Halfmoon GEIS.
F. The existing farm plot will retain 9.44 acres of land
to become a "great lot," which may not be further subdivided. A declaration
will be filed in the Saratoga County Clerk's office, along with the
filing of the maps, to indicate that no further subdivision of that
plot will be permitted.
G. Further, open space preservation is proposed throughout
the parcel, including a distinct open space buffer area along the
entrance road on Farm to Market Road as shown on the annexed plan.
H. Buffer areas will be planted to provide necessary
visual screening along Farm to Market Road to provide a subtle and
discrete setting for the project. A nature trail system will be constructed
and completed prior to the sale of any homes. The proposed trail will
link as many residences as is possible to the trail and open spaces.
This trail will extend to the edges of each parcel and potentially
to a Townwide trail system and the trail will be open to the public.
The course of the trail will follow the sidewalk along one of the
proposed roadways. The sidewalk will be widened in locations where
the trail system follows the sidewalk to be consistent with state
standards for multi-use trails.
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 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 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 §
166-457 hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer.
L. Existing vegetation within a thirty-foot-wide area
along the perimeter of the site shall be preserved to the maximum
extent practicable.
M. Pursuant to the SEQRA negative declaration adopted
by the Planning Board, the creation of the Farm to Market 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.
Concrete curbing will be used to form the storm
drainage gutters within the street cross section. Road pavement width
shall vary from eleven-foot lane to complete to a fourteen-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. Concrete sidewalks and
streetlights will be constructed adjacent to the roadways, with an
easement on the lots within 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 street trees, sidewalks and streetlights with appropriate easements
for work in the right-of-way and lawn care for each residential lot.
The Town of Halfmoon will provide such snow removal and maintain the
roadways upon dedication to the Town.
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 Farm to Market 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 Northerly line of Farm To Market 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 Northerly line of Farm To Market Road, thence from
said point of beginning along said Northerly line the following two
(2) courses: 1.) South 82 deg. 30 min. 50 sec. West, 722.10 feet to
a point, thence 2.) North 89 deg. 37 min. 50 sec. West, 236.65 feet
to the point of intersection of said Northerly line with the Easterly
line of Lands of Canestrari as conveyed in Book 848 of Deeds at Page
435, thence along the Easterly and Northerly lines of Lands of said
Canestrari the following three (3) courses: 1.) North 11 deg. 19 min.
50 sec. West, 132.00 feet to a point, thence 2.) North 41 deg. 32
min. 50 sec. West, 320.00 feet to a point thence, 3.) South 60 deg.
14 min. 50 sec. West, 201.87 feet to a point in the Easterly line
of Lands of Higgins as conveyed in Book 1188 of Deeds at Page 172,
thence along the Easterly line of Lands of said Higgins, Lands of
Nadeau as conveyed in Book 923 of Deeds at Page 970, and Lands of
Slish as conveyed in Book 822 of Deeds at Page 356, North 03 deg.
47 min. 30 sec. East, 1749.92 feet to the point of intersection of
said Easterly line with the Southerly line of Lands of said Slish,
thence along the Southerly line of Lands of said Slish and other Lands
of said Slish as conveyed in Book 1239 of Deeds at Page 749, North
83 deg. 24 min. 30 sec. East, 1004.52 feet to the point of intersection
of said Southerly line with the Westerly line of Lands of said McBride,
thence along said Westerly line, South 07 deg. 03 min. 40 sec. East,
2053.19 feet to the point of beginning and containing 53.671 +/- acres
of land.
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Subject to a life estate granted to Joseph J.
and Marie S. DeCerce, being further bounded and described as follows:
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Beginning at a point in the Northerly line of
Farm to Market Road, said point of beginning being. South 82 deg.
30 min. 50 sec. West, 480.57 feet distant from the point of intersection
of the Westerly line of Lands of McBride as conveyed in Book 553 of
Deeds at Page 360 with the Northerly line of said Farm to Market Road,
thence from said point of beginning along said Northerly line the
following two (2) courses: 1.) South 82 deg. 30 min. 50 sec. West,
241.53 feet to a point, thence 2.) North 89 deg. 37 min. 50 sec. West,
8.55 feet to a point, thence through Lands of Mills the following
three (3) courses: 1.) North 07 deg. 29 min. 10 sec. West, 323.83
feet to a point, thence 2.) North 82 deg. 30 min. 50 sec. East, 250.00
feet to a point, thence 3.) South 07 deg. 29 min. 10 sec. East, 325.00
feet to the point of beginning and containing 1.865 +/- 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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