[Added 8-10-1989 by L.L. No. 3-1989]
Editor's Note: Pursuant to L.L. No. 1-2000, adopted 4-4-2000, the Town Board accepted the recommendation of the Planning Board to disband the Riverbend Homeowners' Association subject to the following conditions: (1) That the Association transfer all Association property to parcels within the Association, subject to "forever wild" and "forever green" restrictions on lots to be delineated on a map to be approved by the Planning Board; and (2) That all deeds into the aforesaid affected properties reflect the aforesaid conditions.
This article shall be known and may be cited as the "Local Law Relating to Zoning for the Town of Waterford Providing for the Creation of an R-P Large-Scale Planned District to be known as 'Riverbend Section VI'."
The Zoning Ordinance of the Town of Waterford, Saratoga County, New York, including all amendments thereto ("Zoning Ordinance") and the Zoning Map of the Town of Waterford, New York, including all amendments thereto ("Zoning Map") as set forth and enacted in § 161-9 and Appendix A of said Zoning Ordinance, be and the same are hereby amended by changing from R-100 Residence District and L-C Land Conservation District a certain area in the Town of Waterford ("town"), and creating coterminous with the boundaries of said area an R-P Large-Scale Planned District to be known as "Riverbend Section VI" as described in Exhibit A attached hereto.
Editor's Note: Exhibit A is on file in the office of the Town Clerk.
The Riverbend Section VI development is located in the Town of Waterford and is generally bounded by lands of Accurate Concrete to the north; Riverbend Section V and Waterford Flight A Road to the south; Fonda Road to the east; and the Mohawk River to the west.
[Amended 5-7-1991; 5-4-1993]
There must be constructed within the area of Riverbend VI a project consisting of up to a maximum of 337 residential units, to be distributed as follows:
Redistribution of units is allowable upon the specific approval of the Planning Board with the restriction that the number of single-family units may increase by the following formula: each one additional single-family unit results in a reduction of two townhouse units [net loss of one townhouse unit]. The total number of townhouse units may not increase under any event. However, in no event shall accessory structures except for accessory sheds as hereinafter defined and private in-ground swimming pools be permitted on lots in Riverbend. No accessory shed shall have a footprint of more than 100 square feet or shall be more than 12 feet in height. The color of such accessory shed must match, as close as possible, the color of the house to which it is appurtenant. All such accessory sheds must be located in the backyard to minimize visual impact. Drawing a line contiguous and parallel to the back of the house, the line shall always be between the shed and the street abutting the front yard. For dwellings situated on corner lots, a line shall be drawn parallel and contiguous to the side of the dwelling closest to the side street. The line shall be situated between the side street and the accessory shed for the purpose of minimizing visual impact along the side street. All sheds shall be wood frame and have vinyl, aluminum siding or such other siding as matches the dwelling structure itself, and no shed shall itself be an all-metal shed. Notwithstanding the above, all other setbacks in Town Building Code provisions shall apply to all accessory structures. A boat club consisting primarily of central club facilities and accessory structures for winter storage of piers and slips may also be constructed. In the event that a boat club is constructed, a separate homeowners or similar association shall be established for such boat club.
As used in this article, the following terms shall have the meanings indicated:
- A defined portion or parcel of land within the development known as "Riverbend Section VI," on which one or more dwelling units may be constructed. All lots shall be used for residential purposes only and shall not be further subdivided.
- SINGLE-FAMILY LOT
- A lot upon which a single-family unit, including accessory structure permitted in this article, may be built. Each "single-family lot" shall have a minimum lot size of 12,000 square feet; a minimum lot width at the building line of 80 feet; a minimum front yard of 40 feet, except that any lot of which any portion lies within 100 feet of a wetland designated such by the New York State Department of Environmental Conservation shall have a minimum front yard of 35 feet; minimum side yards of 10 feet each, including a minimum of 25 feet for both side yards; a minimum rear yard of 25 feet; and a minimum of two off-street parking spaces exclusive of garages. However, in no event shall the average lot size of lots containing single-family units in Riverbend Section VI be less than 15,000 square feet. Additionally, the lot size of each single-family lot in Riverbend Section VI on the west side of Mallards Landing North, opposite Riverbend Section IV, shall be at least 15,000 square feet.
- SINGLE-FAMILY UNIT
- A detached building containing one dwelling unit only, with a minimum size of 1,500 square feet exclusive of garages, basements, attics and porches.
- TOWNHOUSE STRUCTURE
- A group of townhouse units built upon a lot. There shall be no more than five "townhouse structures" in Riverbend Section VI containing five townhouse units or no "townhouse structure" containing more than five townhouse units. In addition to the front and rear yard requirements of each townhouse unit, each "townhouse structure" shall have two side yards measuring a minimum of 15 feet each; and there shall be a minimum of 30 feet between townhouse structures.
- TOWNHOUSE UNIT
- A dwelling accommodating or designed to accommodate a single family in a single-dwelling unit, at least one wall of which shall be in common with the wall of an adjoining dwelling unit and shall be a party or lot line wall. Each "townhouse unit" shall have a minimum unit size of 1,200 square feet exclusive of garages, basements, attics and porches and shall be built upon a distinct portion of the townhouse lot with a minimum lot size of 2,000 square feet; a minimum lot width at the building line of 20 feet; a minimum front yard of 30 feet; a minimum rear yard of 25 feet; and a minimum of two off-street parking spaces exclusive of garages.
[Amended 5-6-2003 by L.L. No. 7-2003; 8-4-2009 by L.L. No. 14-2009]
No fence shall be erected, placed or altered on any lot unless it consists entirely of wood, stone, concrete, brick, vinyl, wrought iron or aluminum, and in no event shall a fence consist of chain link nor shall a fence be placed nearer the road or street than the front of the single-family unit or townhouse unit on such lot.
No trailers, mobile homes, recreational vehicles, motor homes or unregistered motor vehicles shall be stored on any lot or allowed to remain thereon for more than all or part of two days in any calendar year, nor shall the same be allowed to park in any part of the roads or streets extending through Riverbend Section VI. In addition, no outside storage of boats shall be permitted on such lots, nor shall the same be permitted to be parked in such roads or streets.
No unlicensed truck, no licensed truck weighing more than 4,000 pounds and no machinery or other business or commercial equipment shall be allowed to park in any part of a road or street extending through Riverbend Section VI or on any of the lots, except for short-term loading or unloading and servicing of the premises, and except in connection with construction activities relating to single-family units, townhouse units or other buildings or structures in Riverbend Section VI. The Town Highway Superintendent shall post all roads or streets, including portions thereof, as necessary to indicate and enforce such parking restrictions.
Certain open space as shown on Exhibit B attached hereto will be dedicated to the Town for use as open space or a Town park. Once individual lots in the vicinity of such open space or Town park have been surveyed and legally described by a New York State licensed surveyor, a survey and legal description for such open space or Town park shall be completed by a New York State licensed surveyor for a parcel of 13 acres which substantially conforms to the configuration depicted in Exhibit B. Such dedication shall take place no later than 60 days from the date the developer has obtained the 100th certificate of occupancy for Riverbend Section VI Phase II and access shall be provided in accordance with § 161-61 of this article. The developer shall, at its expense and as soon as practical thereafter, improve such dedicated town park or open space to include a baseball field or soccer field and/or an equipment storage building and/or playground equipment as determined by the Town of Waterford Youth Council. In the event that the Town of Waterford Youth Council determines a baseball field shall be established, the developer shall pay all reasonable expenses to provide a baseball diamond, two dugouts and a backstop. In the event that such Youth Council determines a soccer field shall be established, the developer shall pay all reasonable expenses to provide a graded and seeded field and two goals with appropriate netting.
Editor's Note: Exhibit B is on file in the office of the Town Clerk.
All single-family units and townhouse units shall be designed and constructed in compliance with applicable state and local requirements and pursuant to plans and specifications certified by an architect or engineer, as may be appropriate in each case, duly licensed to practice in New York State.
In no event shall construction begin on the land surrounded by the lands of New York State, which constitutes the island portion of Riverbend Section VI, until the developer has obtained title to the necessary lands or permanent easements from either the New York State Department of Transportation (DOT) or the New York State Office of General Services (OGS), as the case may be, to construct accessways to the island portion of Riverbend Section VI; and the New York State Department of Environmental Conservation has granted any necessary approvals related to the island portion of Riverbend Section VI. In the event that the developer does not obtain such title or permanent easements, the town shall obtain from DOT or OGS a right of access to the dedicated town park described in § 161-59 of this article. In such event, the developer shall pay all reasonable expenses incurred by the town to obtain such access.
All roads and streets within Riverbend Section VI shall be paved. In addition, all roads and/or streets which shall be dedicated to the town pursuant to this article shall be constructed in accordance with town specifications for such roads or streets in effect at the time of subdivision approval of the phase in which said road or street is located.
Each lot of Riverbend Section VI shall be connected to public or municipal water and sewage facilities in accordance with applicable regulations, at the expense of the developer.
The developer agrees that prior to filing with the Saratoga County Clerk subdivision maps or plans for Riverbend Section VI Phase II or prior to issuance of a building permit for the 49th housing unit in Riverbend Section VI regardless of phase, whichever shall first occur, the developer shall post with the Water Commissioners of the Town of Waterford, a body corporate, a bond in the amount of $134,800 in form and content satisfactory to the Commissioners and written by an acceptable bonding company, unqualifiedly guaranteeing payment of that amount in cash to the Commissioners, or at the developer's option in lieu of a bond pay a full cash payment of $134,800 upon the earlier to occur of the following:
Notice by the Commissioners of commencement of installation or construction work by them or on their behalf for water storage improvements and/or expansion in the area of the Town of Waterford northwest of the Village of Waterford, generally known as "Fonda-Middletown Roads area";
Completion of Riverbend Section VI Phase II; or
Six years from the date of enactment of this article.
The Water Commissioners shall notify the developer by registered or certified mail at least 15 days prior to any claim it intends to make against any posted bond.
Should the developer be mandated by the State Department of Health, or a similar governmental agency, or itself to install water storage facilities within the Planned Development District and should it do so solely at its own expense, then and in that event, if the Commissioners find such mandated installation by the developer has been of such character or utility that it reduces actual expense the Commissioners would otherwise incur, the Commissioners will agree to reduction of the amount of the specified bond (or cash payment) to the extend they determine their own expense has actually been reduced, provided that any such mandated installation by the developer has been accomplished in a fashion consistent with the Commissioners' requirements for their system and that title and ownership of any facilities so installed by the developer are, upon the request of the Commissioners, turned over to the Commissioners at no cost or expense to them.
A traffic signal shall be installed no later than the date of completion of Riverbend Section VI Phase II construction, at the expense of the developer, at the intersection of Fonda and Middletown Roads in the vicinity of the Town of Waterford/Town of Halfmoon town line. The timing of such installation as well as the traffic signal construction design shall be subject to the approval of the Commissioner of the Saratoga County Department of Public Works.
Section 161-32 of the Zoning Ordinance, to the extent not amended by or not inconsistent with this article, shall remain in full force and effect and shall apply to Riverbend Section VI.
Prior to the issuance of building permits for the project or any phase thereof, the developer shall, where applicable, obtain subdivision approval in accordance with the Town of Waterford Subdivision Regulations and, when required, site plan approval in accordance with Town of Waterford Local Law No. 4, 1986.
The Planning Board shall approve for the project or each phase thereof a series of different townhouse unit plans during an integrated approval process and shall limit its consideration to the following items: adequacy and arrangement of vehicular and pedestrian traffic access and circulation; building plans; location, arrangement and appearance of off-street parking and loading; adequacy, type and arrangement of visual and noise buffers; adequacy of landscaping and vegetation; fire lanes and other emergency zone design considerations; overall compatibility with affected neighborhoods; and character of the land. Applications, plans and other documentation submitted by the developer must cover such enumerated items and, to the extent possible, contain other pertinent information necessary to obtain both subdivision and site plan approvals.
A public hearing shall be held on the preliminary application, plans and other documentation submitted within 45 days from the date the preliminary application is submitted to the Planning Board. Such public hearing shall be held upon a minimum of five days' public notice in a local paper of general circulation. The Planning Board shall render a decision within 45 days of the public hearing. Final plans which are in substantial compliance with preliminary plans approved by the Planning Board must be submitted by the developer or its representative(s) within six months from the date of preliminary approval. In the event that the developer does not timely submit such final plans, the Planning Board shall have the right to grant extensions or waivers as it deems appropriate without a public hearing or to revoke all preliminary approval(s). Once final plans are submitted, the Planning Board shall render a decision on the final plan(s) within 45 days after any further public hearing. In no event, however, shall the failure to obtain such approvals for one construction phase impair the developer's rights with respect to any other construction phase for which the developer has obtained building permits.
The Town of Waterford Subdivision Regulations and Town of Waterford Local Law No. 4, 1986, relating to site plan review, to the extent not amended by or not inconsistent with this article, shall remain in full force and effect and shall apply to Riverbend Section VI.
Sections 274-a, 276 and 277 of the Town Law of the State of New York shall be superseded by this article to the extent permitted by law and shall not apply to Riverbend Section VI.
Any conditions imposed by the Town Board and/or the Planning Board, including those the performance of which are precedent to the issuance of any permit necessary for the development or any part thereof, shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said areas.
This Article shall be deemed revoked and the previous regulations and laws shall apply if, within one year from the approval of the Planning Board for construction of the project, commencement of roadway construction in Riverbend Section VI has not begun, or if the development is not completed within 10 years from such approval. As to the area within which a building or buildings have been constructed pursuant to this article, there shall be no revocation of this article, and as to said area and building or buildings, this article shall continue in full force and effect and the area zoned by this article shall be the area within which said building or buildings were constructed pursuant to this article. The Town Board may extend or waive, for good cause, either the one-year period or the ten-year period or both, said extension or waiver not to be unreasonably withheld. Any such extension of time or waiver may be granted by the Town Board without a public hearing.