[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.
[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 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.