[Adopted 2-15-2005 by L.L. No. 5-2005]
This local law shall be known and may be cited
as Local Law No. 5 of 2005, 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 "Cardin Residential 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 "Cardin
Residential Planned Development District."
The area comprising said Cardin Residential
Planned Development District, consisting of approximately 50+/- acres
on the east side of Plant Road, south of the existing Cardin Acres
development and north of the Halfmoon Landings/Marina Woods apartment
complex 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 Cardin Residential Planned Development District a project generally
consistent with the preliminary development plan dated October 18,
2004, made by Lansing Engineering, PC, and containing a maximum of
37 residential units, each to be improved by construction of a single-family
residence, 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
October 18, 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 37 and the final number shall be determined
by the Planning Board during final subdivision review.
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 October 18, 2004, subject to the final wetlands
delineation as approved by the United States Army Corps of Engineers,
but not to exceed 37 total living units.
B. The planned development district shall contain a maximum
of 37 residential units with new roads, together with stormwater management
areas and payment of recreation fees in lieu of parkland. There shall
be 30+ acres of open space dedicated to and owned by several lot owners.
This space shall not be subject to any further development or subdivision.
There will be approximately 60% open space overall or approximately
30 acres.
C. Setbacks within the PDD shall be determined on the
basis of the final subdivision review and approval by the Planning
Board. Front yard setback shall be no less than 30 feet, side yard
setback shall be no less than 10 feet and rear yard setback shall
be no less than 25 feet.
D. The connection between Cardin and Chatteau Drive shall
be made, together with an access stem to the parcel to the east as
shown on the preliminary subdivision plot shall be developed. A four-way
stop shall be provided at the Roger Lane/Cardin Drive intersection
and a stop sign shall be provided on Chateau Drive at the Road B intersection.
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 PDD's open
space areas. A map note designating these open spaces as protected
and forever wild no-cut areas shall be prepared and submitted for
review.
F. Further, open space preservation is proposed throughout
the parcel, including a distinct minimum fifty-foot-wide open space
buffer area along the wetlands in the Cardin Residential Planned Development
District as shown on the annexed plan.
G. Buffer areas will be planted to provide necessary
visual screening along Cardin Residential Planned Development District
to provide a subtle and discrete setting for the project. The proposed
trail system will link as many residences as is determined by the
Planning Board to be possible to the open space areas.
H. 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.
I. Water service will be provided by the Town of Halfmoon
Water Departments. The final plans will be subject to the review and
approval of the Town of Halfmoon Water Department and will include
the following design elements:
(1) The proposed water main on Road B will be connected
to the existing water main on Plant Road by a new waterline to be
installed along Road A.
(2) Water mains that dead-end on the east end of Cardin
Drive and Chateau Drive will be connected with a new water main to
be installed along proposed Road E.
(3) A connection will be made between the southerly ends
of the new water mains installed on proposed Roads C and D.
(4) To address existing water pressure problems in this
area and avoid further reduction in pressure, that the number of houses
in this development be determined by their effect on water pressure
in the existing system, or a connection be made between the northerly
limit of the existing main on Plant Road that will provide service,
and the existing high pressure water main on the northern end of Plant
Road in the vicinity of Route 146.
J. A detailed stormwater management plan will be developed
in accordance with current New York State Department of Environmental
Conservation regulations during the subdivision approval process.
The owner 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 Town of Halfmoon and shall post a one-year
maintenance bond or letter of credit upon making the dedication offer.
The owner will work with owners of landlocked parcels on the east
side of this development to allow for access in the future. In order
to help mitigate the cumulative impacts of development on the transportation
system, the owner has offered a voluntary contribution to the Town
of Halfmoon.
K. Existing vegetation within a thirty-foot-wide area
along the perimeter of the site shall be preserved to the maximum
extent practicable.
L. 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 §
166-556). 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. Roadways are to be built to current Town standards including depth of subbase material, filter fabric and underdrain.
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
Town of Halfmoon is not accepted by the Town of Halfmoon, the applicant
shall be responsible for the periodic maintenance of all areas and
facilities not accepted by the Town of Halfmoon. 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 to Town of Halfmoon 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.
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.
[Amended 9-1-2009]
This amendment shall be deemed automatically
revoked and void, and the previous regulations and laws shall apply,
if within two years from the effective date of this amendment to the
local law, commencement of the construction of Cardin Residential
Planned Development District has not begun or, if after construction
has begun, unless substantial progress continues without undue interruption
thereafter, or if the development is not complete within four years
of such approval. As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of the amendment and as to said area and building or buildings,
this amending local law shall continue in full force and effect and
the area zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amending
local law. For proper cause shown, the Town Board of the Town of Halfmoon
may, upon such terms and conditions as it deems proper, extend either
the two-year period or may waive the requirement that substantial
progress shall continue without undue interruption. Any such extension
of time or waiver may be made by the Town Board without a public hearing.
In the event no application is made to the Planning Board for final
site plan approval within two years of this amendment, or substantial
progress is not made on said application within two years thereafter,
this local law shall be deemed automatically revoked and the previous
zoning shall apply.