[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.
[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 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
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:
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.
Subject to a life estate granted to Joseph J. and Marie S. DeCerce, being further bounded and described as follows:
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.
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.