[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.
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
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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:
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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:
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1.
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South 87 degrees 32 minutes 00 seconds East,
89.35 feet to a point;
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2.
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Thence, South 83 degrees 25 minutes 19 seconds
East, 429.44 feet to a point of curvature;
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3.
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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;
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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.
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THE ABOVE DESCRIBED PARCEL is subject to any
and easement, restrictions and covenants of record.
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