[Adopted 12-17-2002 by L.L. No. 7-2002]
[Amended 7-19-2017 by L.L. No. 3-2017]
This local law shall be known and may be cited
as Local Law No. 3 of 2017, a local law amending Local Law No. 5 of
1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning
for the Town of Halfmoon," as previously amended and supplemented,
providing for the amendment of a planned development district currently
known as "Rolling Hills Estates Planned Development District."
[Amended 7-19-2017 by L.L. No. 3-2017]
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 previously amended,
be and the same hereby are amended by amending the planned development
district currently known and described as "Rolling Hills Planned Development
District."
[Amended 7-19-2017 by L.L. No. 3-2017]
The area of said Rolling Hills Estates Planned
Development District is bounded and described as set forth in Exhibit
A attached hereto and made a part hereof and as shown on a certain
site plan map thereof, prepared by Environmental Design Partnership,
LLP, dated April 2017, entitled "Rolling Hills Estates PDD Amendment"
which amends the original PDD boundaries by adding a 7.8 acre parcel.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
[Amended 7-19-2017 by L.L. No. 3-2017]
There shall be developed within the area of
said Rolling Hills Estates Planned Development District a total of
an additional 139 residential units and approximately 700,000 square
feet of light industrial space with ancillary structures, facilities,
roads or streets as follows:
A.
Off-street parking will be provided with a minimum
of two spaces per residential unit.
B.
Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
for the light industrial area.
C.
Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 15 (Zone 3)
at the applicant's sole cost on Smith Road. Approval of the water
distribution system shall be obtained by the applicant from the Town
of Halfmoon and execution of an acceptable outside district user agreement
and the New York State Department of Health.
D.
Wastewater disposal will be provided by connection
to the Saratoga County Sewer District No. 1. Plans for the collection
system and discharge must be approved by Saratoga County Sewer District
No. 1 and the New York State Department of Health. The cost of such
connection shall be borne by the applicant.
E.
A stormwater management system will be installed to
minimize the impact of the project on adjacent and downstream properties
and shall meet applicable New York State Department of Environmental
Conservation and Town of Halfmoon standards and shall be, at the sole
option of the Town of Halfmoon, dedicated to the Town in whole or
in part, including access road, with appropriate title insurance,
as-built maps, etc., as acceptable to the Town Attorney.
F.
Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, and a one-hundred-foot no-cut buffer will be maintained
between any adjacent residential area and the planned development
district.
G.
As a condition of the granting of the planned development
district approval, it is understood and agreed that the connector
road between Cary Road and New York State Route 9 connecting to Liebach
Lane will be constructed as a part of Phase Two infrastructure immediately
or at the termination of Phase One and before the completion of Phase
Two.
H.
That the parcel of land within the residential Planned
Development District and deeded to the Town of Halfmoon for a water
storage tank shall provide sufficient additional area for a second
tank in the future and will be identified to assure that it is consistent
with and supplies adequate size for the additional tank. The connection
to the water storage tank will be permitted and connection to the
distribution system of the Town of Halfmoon will be permitted at Smith
Road to provide water to the residential/industrial planned development
district and provide fire protection and for service and flexibility,
subject to the entering into an original outside district user agreement
with the Town of Halfmoon, acceptable to the Town Board and the Town
Attorney, subject to the anticipated average daily use being no more
than 65,150 gallons per day. Any adjacent neighbor shall be permitted
to connect to the water and gravity sewer line.
I.
Final subdivision approval and layout of the lots
shall be the responsibility of and shall be referred to the Planning
Board of the Town of Halfmoon, except for and particularly the light
industrial uses will be subject to review and approval of the uses.
J.
The project will comply with the Generic Environmental
Impact Statement (GEIS) for North Halfmoon as a condition precedent
of the project that it comply with and meet all requirements, including
the mitigation fees contained in that Generic Environmental Impact
Statement for North Halfmoon and the determination based upon the
SEQRA adopted by the GEIS for this property and no independent or
separate DEIS or EIS has been required for this project as it has
been specifically represented that it will comply with and will be
subject to the GEIS.
K.
That the applicant is required to construct, when
the level of service is determined by the New York State Department
of Transportation to require, the traffic signal or light at the intersection
of Liebach Lane and Route 9.
L.
As a
condition of the granting of the planned development district approval,
it is understood and agreed that the applicant shall pay the Town
of Halfmoon $20,000 to be deposited in the Town's General Fund which
shall be used in the interest of the general welfare of the public.
A.
Before construction of the Rolling Hills Estates Planned
Development District is started or any building permit is issued relative
thereto, final site plans and specifications, sufficient for the site
plan review and engineering analysis, shall be submitted to and approved
by the Planning Board of the Town of Halfmoon and filed with the Town
Clerk of the Town of Halfmoon, and said approval is a condition precedent
to any construction.
B.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the performance thereof
and upon completion shall be subject to the inspection and approval
of the Code Enforcement Officer and Fire Marshal of the Town of Halfmoon.
C.
The exact location, number and size of buildings,
parking areas, green space, sidewalks, interim roads and other related
matters may be changed, altered or amended during the Town of Halfmoon
Planning Board site plan review process in a manner generally consistent
with the preliminary plan and this local law.
D.
During construction of the Rolling Hills Estates Planned
Development District, there shall be constructed and set forth in
general conformity with the preliminary plans, as a part of the plans
and specifications to be approved by the Planning Board of the Town
of Halfmoon, parking areas and access drives providing sufficient
parking and access for all buildings per Town specifications.
Upon satisfactory completion in accordance with
the requirements of the appropriate state agencies, all water distribution
facilities including mains, valves, fittings, hydrants and that portion
of the service connection which lie outside the limits of dedicated
roadways shall be offered to the Town of Halfmoon with delivery to
the Town of Halfmoon of duly executed deeds, title insurance, easements
and bills of sale as appropriate at no cost to the Town of Halfmoon
with title insurance and documents as required by the Town Attorney.
For those portions of the water distribution
system, including mains, valves, fittings and hydrants, which lie
outside the limits of dedicated highways, easements for the maintenance,
repair and replacement of the system shall be conveyed to the Town
of Halfmoon at no cost to the Town of Halfmoon with appropriate title
insurance and documents satisfactory to the Town Attorney together
with title insurance and documents as required by the Town Attorney.
Upon satisfactory completion and connection
in accordance with the requirements of the appropriate state agencies
and Saratoga County Sewer District, all sewage facilities including
mains, manholes and pumping stations 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.
Parcels of land for pumping station and access thereto shall be offered
in fee to said district with delivery to said district of a duly executed
deed or deeds, at no cost to said district, if necessary.
Upon satisfactory completion in accordance with
the approved drawings, all stormwater management facilities within
the limits of dedicated streets shall be offered to the Town of Halfmoon
with duly executed deeds, easements and bills of sale as appropriate
at no cost to the Town of Halfmoon, which the Town in its sole discretion
may accept for dedication at any time it determines, together with
title insurance and documents as required by the Town.
For 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 the maintenance, repair and replacement 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 together with title
insurance and documents as required by the Town.
In the event the Town of Halfmoon chooses to
create a stormwater retention or detention tax district or stormwater
management tax district or the equivalent, it is the intent that the
stormwater management areas created as a part of this planned development
district will be dedicated to and become a part of that tax district
to be serviced and paid for pursuant to the legislation adopted therefor
by the development serviced by said areas, for the development area.
All roads will be constructed in conformance
with the Town of Halfmoon standards, and if no standard applies, in
accordance with the review and approval of the Planning Board of the
Town of Halfmoon and the Town Engineers, Clough Harbour & Associates,
or its successors. All roads will be dedicated to the Town at the
option of the Town in accordance with the Road Dedication Policy in
existence and in effect for the Town of Halfmoon, it being the intent
that all roads in the residential subdivision will become and be Town
roads and be dedicated to the Town in accordance with the rules, regulations
and policies of the Town. It will be determined at the time of the
review and approval of the site plan for the light industrial area,
whether or not the roads will be dedicated to the Town, and if so,
they will meet light industrial standards for the Town of Halfmoon
and be built to those standards. If the Town of Halfmoon determines
in its sole discretion to accept said roads in the light industrial
section, they will be built to Town light industrial standards and
also dedicated in accordance with the Subdivision Rules and Regulations
and Road Dedication Policy of the Town of Halfmoon.
All signs within the district shall comply with
the requirements established by the Planning Board during site plan
review and must be approved by said Planning Board.
A.
The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney to guarantee
the following:
(1)
Return of the site to its original condition after
clearing and grading should this be deemed necessary by the Planning
Board;
(2)
The satisfactory completion of the utilities, roadways,
detention/retention areas paving and other infrastructure for the
project, including dedication thereof;
(3)
The satisfactory completion and maintenance of landscaping
and buffers on the project site and assurance of performance of stormwater
management facilities.
B.
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
Section 402 of the said Local Law No. 1 of 1968,
Zoning Map, as revised, amended and supplemented by the local law
No. 1 of 1995 relating to zoning of the Town of Halfmoon, is hereby
amended by providing that Rolling Hills Estates Planned Development
District be set forth on a supplementary map which is hereby made
a part of this local law as Exhibit B, dated November 13, 2002; the
property set forth on such map is the same real property described
in the description annexed hereto and marked Exhibit B, made by Percy
B. Cotton Associates, P.C., dated November 13, 2002 and revised December
16, 2002.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
[Amended 7-19-2017 by L.L. No. 3-2017]
A.
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(1)
Commencement of the construction of amended Carol
Jean Estates Planned Development District has not begun within 12
months from the effective date of this local law;
(2)
Substantial progress is not being made without undue
interruption after construction has commenced;
(3)
Completion of the proposed planned development is
not completed within three years from the start of construction.
B.
As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of this amendment, and as to said area and buildings, this
amending local law shall continue in full force and effect, and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
C.
For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolution, without first conducting a public
hearing thereon.
D.
All the
other terms, conditions, etc. of the existing planned development
district are hereby ratified and approved.
