[Adopted 11-8-2001 by L.L. No. 6-2001]
This local law shall be known and may be cited as Local Law 6 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 "Autumn Oaks 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 "Autumn Oaks Planned Development District."
The area comprising said Autumn Oaks Planned Development District, consisting of approximately 12+/- 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 Autumn Oaks Planned Development District a project generally consistent with the conceptual site plan dated June 12, 2001, made by David A. Flanders Associates, consisting of one single-family residential unit consisting of approximately 2.104 acres and five multifamily residential buildings, with a total of 18 units contained therein, buildings one though four shall each have four separate units per building and building one shall contain two separate 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 June 12, 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 June 12, 2001.
B. 
No building permits or final subdivision approvals shall be obtained nor shall the final subdivision plat be signed by the appropriate governmental agency until the approval has been received by the Department of Environmental Conservation and the Army Corps of Engineers for disturbance of the wetlands and/or any other permits necessary to construct the entrance/access for the project, arrangements have been made with the adjacent property owner to clear the necessary foliage to ensure adequate sight distance to the satisfaction of Clough, Harbour & Associates, LLP, and any additional right-of-way that the Town of Halfmoon requires to make future improvements to Cemetery Road have been granted to the Town.
C. 
The planned development district shall be located on the south side of Cemetery Road and shall contain one single-family residential unit consisting of approximately 2.104 acres and five multifamily residential buildings on the remaining 10.019 acres, with a total of 14 units contained therein, buildings one though four shall each have four separate units per building and building one shall contain two separate units, approximately 654 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 12 acres with a subdivided lot of approximately two acres. which shall not be further subdivided and shall be used for a single-family residential unit, and the remaining acres utilized for five upscale apartment buildings consisting of a total of 18 units as detailed above. The open space shall be in accordance with the preliminary development plan dated June 12, 2001. Planned development district shall have a density of 4.71 dwelling units per buildable acre and a density of 1.8 units per gross acre. There shall be two parking spaces per dwelling unit, a minimum of 20 feet of separation between the buildings, and a minimum yard setback of 20 feet. No building shall be within 35 feet of the boundary line of any public road.
D. 
The access to the property will be from Cemetery Road. The exact final location of the access road shall be determined during the subdivision approval process. Right-of-way will be granted to the Town to allow for the future improvements that may occur on Cemetery Road.
E. 
The 2.104 acres of land being subdivided for a single-family residence shall 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.
F. 
Sanitary waste disposal shall be achieved by connection to existing mains of Saratoga County Sewer District.
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 if requested by the Town pursuant to § 166-473 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 adopted by the Planning Board, the creation of the Autumn Oaks 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 at no cost to said district with delivery to said Saratoga County Sewer District 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 Autumn Oaks 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.
DESCRIPTION OF AUTUMN OAKS
PLANNED DEVELOPMENT DISTRICT
CEMETERY ROAD & BRANTWOOD DRIVE (PROPOSED)
TOWN OF HALFMOON, SARATOGA COUNTY, NEW YORK
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND situate in the Town of Halfmoon, Saratoga County, New York, lying along the southerly margin of Cemetery Road and the southwesterly margin of Brantwood Drive (Proposed) being more particularly bounded and described as follows:
Beginning at a point on the southerly margin of Cemetery Road at a point where said road margin is intersected by the division line between the lands now or formerly of Turf Construction Co., Inc. on the west, as conveyed by deed dated November 7, 1963, as filed in the Saratoga County Clerk's office in Liber 745, page 480 and the herein described Autumn Oaks Planned development District on the east and runs thence from said point of beginning, along the said southerly margin of Cemetery Road the following three (3) courses:
1.
South 87 degrees 32 minutes 00 seconds East, 89.35 feet to a point;
2.
Thence, South 83 degrees 25 minutes 19 seconds East, 429.44 feet to a point of curvature;
3.
Thence, generally easterly along a curve to the left of radius 1,100.00 feet, a distance of 158.16 feet, (chord: South 87 degrees 32 minutes 28 seconds East, 158.03 feet) to a point;
Thence along the westerly line of the lands now or formerly of R. McLagan, Inc. as conveyed by warranty deed dated August 19, 1998, as filed in the Saratoga County Clerk's office in Liber 1497, page 426 and the westerly line of the lands now or formerly of Angelo Michael Sanacore and Rosina A. Sanacore as conveyed by deed dated July 16, 1998, as filed in the Saratoga County Clerk's office in Liber 1494, page 591, South 05 degrees 50 minutes 10 seconds East, 271.33 feet to a point; thence along the southerly line of the said lands of Sanacore, North 84 degrees 09 minutes 50 seconds East, 160.00 feet to a point on the southwesterly margin of Brantwood Drive (Proposed); thence along said road margin, generally southeasterly along a curve to the left of radius 230.00 feet, (chord: South 21 degrees 27 minutes 37 seconds East, 123.89 feet) to a point; thence South 52 degrees 54 minutes 55 seconds West, 499.54 feet to a point; thence South 19 degrees 23 minutes 30 seconds West, 178.66 feet to a point; thence North 85 degrees 48 minutes 40 seconds West, 331.74 feet to a point on the said division line between the lands now or formerly of Turf Construction Co. Inc. on the west and the herein described Autumn Oaks Planned Development District on the east; thence along said division line, North 07 degrees 38 minutes 00 seconds West, 882.11 feet to a point where said division line intersects the southerly margin of Cemetery Road and the point or place of beginning, being a parcel of land containing approximately 12.123 acres.
THE ABOVE DESCRIBED PARCEL is subject to any and easement, restrictions and covenants of record.