[Adopted 7-20-2004 by L.L. No. 9-2004]
This local law shall be known and may be cited
as Local Law 9 of 2004, 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 "Sheldon Hills 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 "Sheldon
Hills Planned Development District."
The area comprising said Sheldon Hills Planned
Development District, consisting of approximately 215+/- acres on
NYS Route 146 and Upper Newtown Road in the Town of Halfmoon, is bounded
and described a set forth in Exhibit A attached hereto and made a
part hereof.
There shall be constructed within the area of
said Sheldon Hills Planned Development District a project generally
consistent with the preliminary development plan dated February 2,
2004, made by Environmental Design Partnership, LLP, and containing
323 residential units, consisting of 135 single-family residential
building lots, each to be improved by construction of a single-family
residence, 104 multifamily fourplex units with garages contained in
a total of 26 buildings and further 84 townhouse units in 42 buildings
(two residential units per building), together with the necessary
infrastructure and utilities to support the development, stormwater
management area, zone buffers and improvements appurtenant thereto
(collectively, the "project") in general conformity with the preliminary
development plan dated February 2, 2004, attached herewith as Exhibit
B and in general conformity with the Zoning Ordinance of the Town
of Halfmoon with relation to planned development districts. In no
event shall the total number of living units exceed 323.
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, at the applicant's option,
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 February 2, 2004, subject to the final wetlands
delineation as approved by the United States Army Corps of Engineers,
but not to exceed 323 total living units.
B. The planned development district shall contain 323
residential units with new roads, together with stormwater management
areas and payment of recreation fees in lieu of parkland. There shall
be 34 acres of open space along NYS Route 146 and Upper Newtown Road
dedicated to and owned by a homeowners' association (HOA) to be formed
for that and other purposes. This space shall not be subject to any
further development or subdivision. There will be approximately 50%
open space overall or approximately 107 acres.
C. Additional setbacks within the PDD shall include a
twenty-five-foot front yard setback, a ten-foot side yard and a twenty-five-foot
rear yard setback. There shall be approximately 15,800 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. The minimum lot size for single-family lots will
be 10,000 to 15,000 square feet. All trails shall be developed and
installed per Town of Halfmoon standards and reviewed and detailed
on the final subdivision plan.
D. The main access to the property will be from Route
146. An emergency access road will be provided from Upper Newtown
Road. The exact final location of the access roads shall be determined
during the subdivision approval process.
E. 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 will be permitted for all of the PDDs open
space areas.
F. Further, open space preservation is proposed throughout
the parcel, including a distinct open space buffer area along the
entrance road to Sheldon Hills Planned Development District as shown
on the annexed plan. Buffer areas will be planted to provide necessary
visual screening along Sheldon Hills Planned Development District
to provide a subtle and discrete setting for the project. A paved
walking/biking trail system will be constructed and completed on a
phase-by-phase basis. The proposed trail system will link as many
residences as is determined by the Planning Board to be possible to
the open space areas.
G. 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.
H. A detailed stormwater management plan will be developed during the subdivision approval process. The HOA shall retain title to the stormwater management area as shown on the final subdivision plat for a period of two years after completion of site improvements and certification by the Town Engineers of their adequacy. Upon expiration of said two-year period and certification by the Town Engineers, the applicant shall offer the stormwater management area for dedication to the HOA pursuant to §
166-511 hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer.
I. Existing vegetation within a thirty-foot-wide area
along the perimeter of the site shall be preserved to the maximum
extent practicable.
J. The project shall include a paved walking/biking trail
system, a portion of which, as shown on the site plan, will be open
to the public and dedicated to the Town of Halfmoon, a community clubhouse,
a landscaped entryway at Route 146, and landscaped and streetlighted
main project roadway, as shown on the preliminary development plan.
The portion of the road system servicing the condominiums shall be
private. All other roads shall be public and dedicated to the Town
pursuant to Town road dedication rules and regulations.
K. A portion of the project is within the North Halfmoon
GEIS and the balance of the parcel is outside of the North Halfmoon
GEIS (approximately 79+/- acres are in the North Halfmoon GEIS). In
addition to the 79+/- acres that are in the GEIS, the balance of the
site has been created to conform in theory with the statements and
recommendations of the GEIS.
L. Additionally, pursuant to the GEIS statement of findings,
the applicant will mitigate the cumulative impacts associated with
his project by contributing $2,894 per unit in mitigation costs for
all 323 units, which includes the units inside and outside of the
North Halfmoon GEIS area. For the lots within the North Halfmoon GEIS
study area, the payments will go directly to the fund for implementation
of the identified improvements. For lots outside the jurisdictional
boundaries of the North Halfmoon GEIS, those funds will go to the
Town to be disbursed by the Town Board to mitigate cumulative impacts
on infrastructure which is located outside the boundaries of the GEIS,
as it deems fit. Those payments will be made as each of the 323 units
receives a certificate of occupancy and shall be appropriately distributed.
M. The project is not currently within, nor is it served
by any existing water district. The project is anticipated to be served
by the Town of Halfmoon municipal water supply by reason of an outside
district user agreement to be entered into between the applicant and
the Town upon terms and conditions acceptable to the Town Board.
N. The execution of that outside district user agreement
is a condition precedent to the subdivision approval and any construction,
building permits or development within the subdivision site. As a
part of the agreement for extension of water to the site, the applicant
will be required to extend waterlines from the current Town of Halfmoon
system to the project site.
O. The applicant will be required to mitigate traffic
impacts shown by reason of the traffic study and as required by the
New York State Department of Transportation, the County of Saratoga
and the Town of Halfmoon.
P. The project includes highway improvements which include
turn lanes and a traffic signal at the main project entry at Route
146. All work and improvements will be done in accordance with an
approved traffic plan and road improvement plan to be devised and
completed with the approval of the Town of Halfmoon Planning Board
and New York State Department of Transportation.
Q. The applicant will contribute a payment in lieu of
recreation for each residential living unit on the property, currently
set at $500 per unit.
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 for
the project or the phase of the project in which the building is located
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 paved wing wedges (see §
166-517). All such improvements 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,
Department of Environmental Conservation, 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 authorize signing of the final subdivision plat for the
project or for a particular phase of the project 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.
It is required that applicant connect to Saratoga
County Sewer District No. 1. 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 to the
HOA is not accepted by the HOA, the applicant shall be responsible
for the periodic maintenance of all areas and facilities not accepted
by the HOA. In the event the HOA 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, if requested, at no cost and
a bond or letter of credit will be posted by the applicant in an amount
sufficient to the Town to insure payment for future maintenance.
Any signs within the district shall comply with
the requirements established by the Planning Board during subdivision
approval.
Blacktop wing wedges will be used to form the
storm drainage channels within the street cross section. Road pavement
width shall vary from eleven-foot lanes to fourteen-foot lanes. The
cul-de-sac landscape islands and boulevards shall also have blacktop
wing wedges. Streetlights will be constructed adjacent to the main
project roadway and shall be maintained by the homeowners' association.
Membership in the homeowners' association will
be mandatory for each residence constructed within the development.
The homeowners' association rules, regulations, bylaws and enabling
legislation shall be submitted to the Town Attorney for review and
approval. The homeowners' association will be responsible for the
ownership, operation and maintenance of all common areas, including
the private walking/biking trails, landscape and maintenance of all
cul-de-sac landscape islands within the Town's right-of-way, and maintenance
of all street trees with appropriate easements for work in the right-of-way.
The Town of Halfmoon will provide snow removal from the public roadway
and maintain the public 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 Sheldon Hills Planned Development District has not begun. The
Town Board may extend or modify this provision as it deems fit without
the need for any additional public hearing.