[Adopted 5-15-2007 by L.L. No. 4-2007]
This local law shall be known and may be cited as Local Law No. 4 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 "Inglewood 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 "Inglewood Planned Development District."
The area comprising said Inglewood Planned Development District consists of approximately 9.1 acres, Tax Map Parcel Nos. 272.0-1-23.11, and is located at 19 Cemetery Road, 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.
[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 Inglewood Planned Development District a project generally consistent with the site plan dated May 17, 2007, prepared by The Environmental Design Partnership, consisting of a maximum of 27 attached multifamily townhouse units together with the necessary infrastructure and improvements in general conformity with the site plan dated May 17, 2007, entitled "Inglewood PDD, Conceptual Site Plan," 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. All lots within the planned development district shall front of the Town road and shall have a minimum front yard setback and rear yard setback of 30 feet. The minimum side yard set back is 13 feet for great lots. The minimum great lot size shall be at least 23,000 square feet.
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, Halfmoon Planning Department, and Saratoga County Sewer District No. 1. 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 May 17, 2007.
Sanitary sewer service shall be provided in general conformance with the Environmental Design Partnership. 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.
Potable water service for the Inglewood 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.
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 offer to the Town of Halfmoon the stormwater management area for dedication to the Town of Halfmoon upon request 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.
A. 
All utilities, roads and/or streets within the Inglewood Planned Development District shall be constructed by the applicant in accordance with the specifications approved during site plan review. Approximately 1,000 feet of roadway shall be constructed. The roads shall be offered to the Town of Halfmoon for dedication to the Town. The applicant shall post a two-year maintenance bond or letter of credit upon making the dedication to the Town of Halfmoon. The roadway shall be constructed in conformance with the roadway specifications as set forth by the Town Highway Department and the Town Engineers with the applicant being responsible for any and all costs associated with the proper inspection of the road.
B. 
In an effort to provide a direct positive impact on the immediate area, the applicant shall install a sidewalk along Cemetery Road approximately 1,100 feet in length. The applicant is aware that the engineering of the sidewalk will be difficult but has agreed to complete the sidewalk as a condition precedent to receipt of certificates of occupancy for any buildings constructed. The applicant shall also preserve existing vegetation as a buffer along both residential and commercial adjacent lands and shall provide additional screening plantings.
C. 
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 building permits. The Inglewood Planned Development District shall contain approximately 50,000 square of open space which shall be maintained by a homeowners' association. The open space shall contain a gazebo, walking path, benches, and landscaping.
D. 
The homeowners' association shall also be responsible for maintaining the emergency access road which shall be constructed as set forth in the plans dated May 17, 2007. The emergency access road shall connect to Lawrence Circle and shall have a gate preventing unauthorized vehicles from utilizing the emergency access.
E. 
At the expense of the applicant, road signage shall be placed along Cemetery Road in a further effort to reduce the impact of the additional traffic that will be generated as a result of this project.
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 Inglewood 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 Inglewood 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 7-7-2009]
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.
[Added 4-17-2019 by L.L. No. 1-2021]
A. 
Title. This local law shall be known and may be cited as "Local Law No. 1 of 2021," a local law amending Local Law No. 5 of 1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning for the Town of Halfmoon," as previously amended and supplemented, and Local Law No. 3 of 1971, and Local Law No. 4 of 2007, entitled "Inglewood Planned Development District."
B. 
Boundaries. The area of Inglewood Planned Development District shall be expanded by 7.86 acres to include Parcels 272.-1-10, 272.-1-11.112, 272.-1-11.2, 272.-1-11.12 and 272.-1-11.111 as depicted on the map entitled "Eastpointe Homes - Inglewood POD Amendment" by Lansing Engineering dated 3/27/2019.
C. 
Use. The additional property will be utilized to construct a project generally consistent with the conceptual plan by Lansing Engineering entitled "Eastpointe Homes - Inglewood POD Amendment" dated 3/27/2019, which depicts a maximum of 37 single-family residential units 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 adopted by the Town Board of the Town of Halfmoon on or about April 17, 2019.
D. 
Based upon the studies conducted by the Town, including, but not limited to, the Town-wide survey, trail study, recreation study, open space study, Comprehensive Plan, and the studies conducted for the Town park on NYS Route 236, 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 the certificate of occupancy.
E. 
The screening shall be in accordance with the plans detailed above and shall also include a bolstered tree line to further buffer the existing residences from the project. A digital speed limit sign shall also be purchased by the applicant and placed on either end of the project to alert drivers of their speed as they approach the project from either direction. The applicant will also be extending/relocating the sidewalk on Cemetery Road and connect same with the proposed retail development that fronts on Route 146, subject to the review and approval of the Town Highway Superintendent. The applicant shall also contribute $1,200 per unit toward traffic-related improvements.
F. 
All other provisions of the previously approved Inglewood Planned Development, except as modified herein, shall remain in full force and effect.