[Adopted 10-4-2005 by L.L. No. 9-2005]
This local law shall be known and may be cited
as Local Law 9 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 "Adam's Pointe 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 "Adam's
Pointe Planned Development District."
The area comprising said Adam's Pointe Planned
Development District, consisting of approximately 16.02+/- acres southeast
of Johnson and McBride Roads intersection in the Town of Halfmoon
is bounded and described as 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 Adam's Pointe Planned Development District a project generally
consistent with the preliminary development plan dated July 2004,
last revised May 2005, and received September 22, 2005, at the Town
Clerk's office, made by Ivan Zdrahal Associates Engineering &
Planning, consisting of approximately 20 single-family residential
building lots, 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 in general conformity with the
preliminary plan dated July 2004, last revised May 2005, 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 July 2004,
last revised May 2005.
B.
The planned development district shall contain approximately
20 single-family homes with new roads, together with stormwater management
areas and payment of recreation fees in lieu of parkland. There shall
be 6.56 acres of protected open space with 2.76 acres of developable
land as open space, dedicated to and owned by a homeowners' association
(HOA) to be formed for that and other purposes. There will be approximately
41% open space overall on approximately 16.02 acres.
C.
The subdivision shall be built in general conformity
with the Zoning Ordinance of the Town of Halfmoon with relation to
planned development districts. There shall be approximately 1,450
linear feet of paved road. The access to the property will be located
on the south side of Johnson Road about 310 feet west of Timothy Way.
The exact final location of the access road shall be determined during
the subdivision approval process.
D.
Further, open space preservation is proposed throughout
the parcel, including a distinct open space buffer area along McBride
Road and Johnson Road as shown on the annexed plan.
E.
A nature trail system will be constructed and completed
or the applicant shall provide a payment of $20,000 should a trail
be recommended off site. Either the trail will be completed or the
payment of $20,000 shall be made prior to the stamping of any plans
by the Chairman of the Planning Board for the Town of Halfmoon.
F.
Sanitary waste disposal shall be achieved by connection
to existing mains of Saratoga County Sewer District No. 1 located
at the intersection of Timothy Way and Johnson Road. The completed
system shall comply with all state, county and Town requirements.
The sewer main 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.
G.
A detailed stormwater management plan will be developed during the subdivision approval process. The applicant or 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 Town if requested by the Town pursuant to § 166-589 hereof and shall post a one-year maintenance bond or letter of credit upon making the dedication offer. In the alternative, this HOA will be required to have title to and maintain the stormwater management area as directed by the Planning Board.
H.
The project is within the North Halfmoon GEIS. The
site has been created to conform in theory with the statements and
recommendations of the GEIS.
I.
Additionally, the applicant will contribute $2,894
in mitigation costs for each and every one of the 20 units to mitigate
the cumulative impacts of the project on the GEIS study area as is
required within the GEIS for GEIS parcels. The payments will go directly
to the GEIS fund as follows:
J.
The applicant has volunteered to pay an additional
$8,000 in unrestricted funds to be utilized by the Town Board of the
Town of Halfmoon as it deems appropriate to mitigate the cumulative
impacts of the project outside the GEIS study area and to achieve
the goals of public benefit of the Town as determined by the Town
Board in its sole and absolute discretion. Those payments will be
made at the time directed in the final Planning Board approval for
each parcel within the subdivision. In addition to the fees noted
above, recreation fees will also paid on a per-lot basis.
K.
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 Agreement
for Extension of Town of Halfmoon Consolidated Water District to be
entered into between the applicant and the Town upon terms and conditions
acceptable to the Town Board. The execution of that Agreement for
Extension of Town of Halfmoon Consolidated Water District 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 and loop those lines in accordance with
the requirements of the Town of Halfmoon Water Superintendent, which
requirement and agreement will be a part of the Agreement for Extension
of Town of Halfmoon Consolidated Water District.
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, 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 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 are not
accepted by the Town, the applicant shall be responsible for the periodic
maintenance of all areas and facilities not accepted and shall prepare
and sign easements for emergency maintenance and/or repair of the
system to the Town of Halfmoon at no cost to the Town of Halfmoon,
if requested by the Town of Halfmoon at any time if the area is outside
of the limits of the dedicated streets.
Any signs within the district shall comply with
the requirements established by the Planning Board during subdivision
approval.
The homeowners' association shall be responsible
for all repair, replacement, reconstruction, and maintenance of the
association property; maintenance, repair and replacement of all pipes,
wires, conduits, utility lines and cable television lines servicing
more than one lot and/or home, whether or not on Association property,
unless such is the responsibility of the utility or cable television
company; maintain all grassed areas and be responsible for snow removal
for the driveways and from any walkways; maintain the lawn in the
Town right-of-way; maintain and operate any streetlights placed in
the Town right-of-way or placed on association property; maintain
street trees within the Town right-of-way and the detention basin
parcels; maintain entrance signs; and the association shall comply
with the terms and conditions as detailed in the Declaration Protective
Covenants, Conditions, Restrictions, Easements, Charges and Liens
of the Adams Pointe Homeowners' Association Inc., dated July 7, 2005.
Membership in the homeowners' association will be mandatory for each
residence constructed within the development. The homeowners' association
will be responsible for the ownership, operation and maintenance of
all common areas, landscape and maintenance of all landscape islands
within the Town's right-of-way, maintenance of all street trees, sidewalks
and streetlights with appropriate easements for work in the right-of-way
and lawn care for each single-family residential lot. The Town of
Halfmoon will provide such snow removal and maintain the 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.
[Amended 11-5-2009]
This amendment shall be deemed automatically
revoked and void, and the previous regulations and laws shall apply,
if, within one year from the effective date of this amendment to the
local law, commencement of the construction of Adam’s Pointe
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 one year
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 the
one-year period or may waive the requirement that substantial progress
shall continue without undue interruption.
