[Adopted 2-6-2007 by L.L. No. 2-2007]
This local law shall be known and may be cited
as Local Law No. 2 of 2007, 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 "Hudson Ridge 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 "Hudson
Ridge Planned Development District."
The area comprising said Hudson Ridge Planned
Development District consists of approximately 32.01 acres, Tax Map
Parcel Nos. 284-2-2.1 and 284-2-2.2, and is located on Stone Quarry
Road at the northwest corner of the intersection of Stone Quarry Road
and Route 9 in the Town of Halfmoon, County of Saratoga, State of
New York and is bounded and described as set forth in Exhibit A attached
hereto and made a part hereof.
There shall be constructed within the area of
said Hudson Ridge Planned Development District a project generally
consistent with the site plan dated August 3, 2005 (revised June 16,
2006), prepared by BL Companies, consisting of 20 apartment buildings
with 200 total apartments, clubhouse, pool and recycling center, together
with the necessary infrastructure and improvements in general conformity
with the site plan dated August 3, 2005 (revised January 4, 2007),
attached hereto as Exhibit B and in general conformity with the Zoning
Ordinance of the Town of Halfmoon with relation to planned development
districts and in accordance with the negative declaration by the Town
Board of the Town of Halfmoon attached hereto and made a part hereof
as Exhibit C.
Before application is made for any building
permit, preliminary and final site plan approval shall be obtained
from the Planning Board of the Town of Halfmoon and the final plan
shall be signed by all governmental entities having jurisdiction thereof,
including but not limited to the Halfmoon Water Department. The final
plan shall be filed either in total or in phases, as approved by the
Planning Board of the Town of Halfmoon, in the Saratoga County Clerk's
office. The exact location and specifications of roadways, buffers,
green space and other related matters may be changed, altered or amended
during the Town of Halfmoon Planning Board review process in a manner
generally consistent with the site plan dated August 3, 2005 (revised
January 4, 2007).
A. Sanitary sewer service shall be provided in general
conformance with the Environmental Design Partnership report entitled
"Proposed Off-Site Sanitary Sewer Connection for Hudson Ridge PDD,
Stone Quarry Road, Town of Halfmoon, New York (August 2006)." As discussed
therein, sanitary sewer service shall be achieved by means of an on-site
gravity collection system discharging to the existing Birchwood Pump
Station owned by the Saratoga County Sewer District No. 1. The applicant
shall improve and upgrade the Birchwood Pump Station. In order to
alleviate existing capacity issues in the Grooms Road/Guideboard Road
gravity sewer line, the Birchwood Pump Station discharge will also
be redirected by the applicant out of that gravity line and into the
recently installed Saratoga County force main on the north side of
Grooms Road.
B. In an effort to provide a direct positive impact on
the immediate area, sanitary sewer service will be provided to Vandenburgh
Park on Woodin Road in general conformance with the Environmental
Design Partnership report entitled "Proposed Sanitary Sewer Extension
to Vandenburgh Park Woodin Road, Town of Halfmoon, New York (January
2007)." As discussed therein, the applicant will install a grinder
pump at the ball fields with a low-pressure force main extending along
Woodin Road approximately 1/2 of a mile to the existing sanitary sewer
collection system on Ponderosa Drive. The applicant will further provide
tap-in facilities for the benefit of landowners along the proposed
utility extension service route that do not have such service but
desire same. This will be completed prior to the granting of any certificates
of occupancy.
C. All sewer mains and appurtenances will be installed
and improved/upgraded by the applicant to the Saratoga County Sewer
District No. 1 standards and offered for dedication to the Saratoga
County Sewer District No. 1 at no cost to the Saratoga County Sewer
District No. 1 or the Town of Halfmoon, with delivery to the Saratoga
County Sewer District No. 1 of duly executed deeds, easements and
bills of sale, as appropriate.
A. Potable water service for the Hudson Ridge Planned
Development District will be provided by the extension of existing
water mains in the vicinity of the parcel and as approved by the Town
Engineer and Water Department. The applicant shall further extend
the water main down Stone Quarry Road to Woodin Road, thereby "looping"
the existing water system. In addition, the applicant will further
provide tap-in facilities for the benefit of landowners along the
proposed utility extension service route that do not have such service.
B. 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 any construction, building permits, or development within
the site. As part of the agreement for the extension of water to the
site, the applicant will be required to extend existing water mains
in the vicinity of the parcel per approval of the Town Engineer and
Water Department. The applicant shall further extend the water main
down Stone Quarry Road to Woodin Road, thereby "looping" the existing
water system. In addition, the applicant will further provide tap-in
facilities for the benefit of landowners along the proposed utility
extension service route, including owners on the opposite side of
the road, that do not have such service. The applicant is aware that
potable water will not be available from the Town of Halfmoon Municipal
Water Supply until mid-2007.
Approval of the New York State Department of
Health, New York Department of Environmental Conservation and Town
Engineer will be obtained for the potable water system and the sanitary
sewer system, as appropriate.
A stormwater management plan will be developed
during the site plan review process. The applicant shall retain title
to the stormwater management areas, as shown on the final site plan,
and shall be responsible for the maintenance of all such areas and
facilities. The applicant shall offer to the Town of Halfmoon the
stormwater management area for dedication to the Town of Halfmoon
if requested by the Town and shall post a one-year maintenance bond
or letter of credit upon making the dedication. In the event that
the dedication of the stormwater management area and any other areas
proposed for dedication are not accepted by the Town of Halfmoon,
the applicant shall be responsible for the periodic maintenance and/or
repair of the system to the Town of Halfmoon at no cost to the Town
of Halfmoon.
All utilities, roads and/or streets within the
Hudson Ridge Planned Development District shall be constructed by
the applicant in accordance with the specifications approved during
site plan review and shall remain private.
A. In order to remedy the significant public safety issues
associated with the existing road system in the vicinity of the Hudson
Ridge Planned Development District, the applicant shall make the following
multiple major road improvements: The intersection of Stone Quarry
Road and Woodin Road will be completely redesigned via removal of
the rock on the southeast corner of the intersection, as well as the
vertical and horizontal realignment of Woodin Road, in general conformance
with the concept road plans and profiles prepared by Creighton Manning
Engineering dated August 24, 2006. At the intersection with Route
9, Stone Quarry Road will be vertically realigned to greatly improve
the limited site/stopping distance and a right-turn lane will be added
on Stone Quarry Road in general conformance with concept road plan
and profile dated January 2007.
B. The road improvements will be reviewed and approved
by the Town Engineer and, if applicable, New York State Department
of Transportation.
C. No certificates of occupancy shall be issued until
the above road improvements are completed.
D. The trails and sidewalks shall constructed as depicted
in Exhibit A and/or as modified by the Halfmoon Planning Board during
final site plan approval.
E. Based upon the studies conducted by the Town, including
but not limited to the Townwide survey, Trail Study, Recreation Study,
the open space work conducted on behalf of the Town, the Comprehensive
Plan, and the studies conducted and reports prepared for the new Town
Park, it is clear that, although a proper case exists for requiring
a park or parks suitably located for playgrounds or other recreational
purposes, this parcel is not suitable for the location of a park of
adequate size to meet the needs of the Town of Halfmoon, therefore
the applicant shall be responsible for recreation fees as assessed
by the Planning Board at the time of the subdivision and prior to
the granting of certificates of occupancy.
All buildings and improvements shall be designed
and constructed pursuant to plans and specifications approved by a
duly licensed architect or engineer and in strict compliance with
established construction standards, regulations and codes (including
the New York State Uniform Fire Prevention and Building and Construction
Code). All construction, during the performance thereof and upon completion,
shall be subject to the inspection and approval of the Town of Halfmoon
Code Enforcement Officer, Engineer and Superintendent of Highways
and Fire Marshal.
The Town of Halfmoon Planning Board shall not
give final site plan 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
conditioned upon the applicant obtaining such approvals.
Signs within the Hudson Ridge Planned Development
District shall comply with the requirements established by the Town
of Halfmoon Planning Board during site plan review. The architect
or engineer performing the work herein described shall be employed
by and at the expense of the developer.
The Town of Halfmoon Town Board may, upon the
request of the then owner of the Hudson Ridge Planned Development
District, modify any of the provisions of this local law upon such
terms as the Town Board shall determine to be reasonable.
[Amended 1-20-2010]
This amendment shall be deemed automatically
revoked and void, and the previous statutory regulations shall apply,
if, within three years from the effective date of this amendment to
the local law, completion of commencement of the construction of the
Hudson Ridge Planned Development District (The Moorings) has not begun
or if, after construction has begun, substantial progress, weather
permitting, is not continued without interruption.