[Added 2-9-2017 by L.L.
No. 1-2017; amended 5-11-2017 by L.L. No. 4-2017; 12-14-2017 by L.L. No. 7-2017]
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the governing Town Board of the Town of
North Greenbush has the authority to enact local laws and amend local
laws for the purpose of promoting the health, safety or general welfare
of the Town of North Greenbush and for the protection and enhancement
of its physical environment through the use of land use controls of
developments and zoning. The Town Board may include in any such local
law provisions for the appointment of any municipal officer, employees,
or independent contractor to effectuate, administer and enforce such
local law.
This Local Law shall be Town of North Greenbush Local Law No.
7 of 2017 entitled "Amendment No. 2 Tech Valley Residential Community
Planned Development District" and amends the Local Law No. 1 and 4
to provide for the creation of the Amended Tech Valley Residential
Community Planned Development District.
The boundary of the "Amended Tech Valley Residential Community
Planned Development District" is established as being Tax Map Parcel
Nos. 123.-1-6.12 (75 Glenwood Road), 123.13-7-1 (172 N Greenbush Road),
123.-1-6.11 (Glenwood Road) and 122.-2-9 (97 Glenwood Road) on the
2016 Tax Assessment Rolls of the Town of North Greenbush, consisting
of approximately 83.18 acres. Approximately 43.33 acres shall be developed
for the residences, 39.84 acres shall be left undeveloped and remained
owned and maintained by a homeowners' association, and 22.1 acres
shall be deeded to the Town of North Greenbush.
The "Amended Tech Valley Residential Community Planned Development
District" shall be developed for a maximum of 204 units of townhomes
only, located in two-unit townhouse design structures as per "Exhibit
"A" - Proposed Planned Development District Townhouse Development
Tech Valley Residential Community," dated February 2017, prepared
by VHB Engineers & Surveyors.[1]
[1]
Editor's Note: Exhibit "A" is on file in the office of the
Township Clerk.
A.
Minimum front yard setback: 30 feet.
B.
Minimum side yard setback: 10 feet on one side and zero feet (two-unit
townhouse design) on other side of unit.
C.
Minimum side yard setback: 10 feet on one side and zero feet on one
side.
D.
Minimum rear yard setback: 20 feet.
E.
Maximum building height: two-story design with walk-out basements
for certain lots.
A.
A minimum of two off-street parking spaces per unit shall be provided
(parking spaces may be in a garage or in a driveway located between
the street right-of-way line and the front of the building).
B.
The residents shall be prohibited from utilizing exterior parking
areas for storage or parking of recreational vehicles, motor homes,
trailers, boats, unregistered vehicles or other items deemed unacceptable
by the Town of North Greenbush Building Department.
A.
The roadways as shown on "Exhibit "A" - Proposed Planned Development
District Townhouse Development Tech Valley Residential Community,"
dated February 2017, will be constructed as approved by the Town Engineer.
B.
The road lane width will be 11.5 feet in width, with a two-foot wing
wedge curb on one side of the roadway and a sidewalk (integral curb)
on the other side, as approved by the Town Engineer.
C.
"Amended Tech Valley Residential Community Planned Development District" shall have a minimum of two means of egress and ingress and shall be designed and constructed in accordance with the Code of the Town of North Greenbush, Chapter 163, Subdivision of Land and Chapter 159, Streets and Sidewalks, except as hereinafter noted and/or modified. One access shall use Glenmore Drive with the second obtaining access via NYS Route 4.
D.
All roadways shall be deeded to the Town of North Greenbush for future
acceptance and dedication by the Town Board of the Town of North Greenbush.
A current title report, executed deeds and recording paperwork shall
be provided to the Town of North Greenbush prior to the Town's Building
Department issuing any certificate of occupancy for this project.
If the infrastructure is not 100% completed at time of roadway dedication
by the Town of North Greenbush, a security in the amount of the cost
for the remaining work as determined by the Town Engineer shall be
submitted with the executed deeds. The security shall be in a form
acceptable to the Town Attorney. The security shall be returned upon
completion and acceptance of the remaining work.
A.
All residential units of the "Amended Tech Valley Residential Community
Planned Development District" shall be serviced with public water
and public sanitary sewers installed in accordance with plans approved
by the Town Engineer and the Rensselaer County Health Department.
B.
All public water and public sanitary sewers shall be constructed
in accordance with the Town of North Greenbush standards and as hereinafter
noted.
C.
All public water and public sanitary sewers improvements, except
as hereinafter noted, shall be deeded to the Town of North Greenbush
for future operation and maintenance.
D.
All water laterals shall be the responsibility of the property owner
from the curb box to the residence.
E.
All sanitary sewer laterals shall be the responsibility of the property
owner from the right-of-way line to the residence.
F.
Each residence shall have their own water and sanitary sewer laterals
separated by 10 feet as per NYSDOH regulations.
G.
A water permit (including water meter assembly and pressure reducing
valve) and sanitary sewer permit shall be obtained from the Town of
North Greenbush Utilities Department for each residence.
H.
An eight-inch C900 water main, fire hydrants and appurtenances shall
be connected to the existing eight inches water main located south
of the proposed roadway connection to Route 4 at a location approved
by the Town Engineer.
I.
A secondary connection point will be provided for at the southerly
end, immediately adjacent to the Global View Drive access easement.
J.
A gravity sanitary sewer system is proposed at this time to service
the entire "Amended Tech Valley Residential Community" and shall be
installed in accordance with Town of North Greenbush standards and
as herein noted. If pump stations are necessary, they will be designed
and constructed meeting the Town of North Greenbush and Rensselaer
County Health Department Standards.
K.
The developer must make application to the Town of North Greenbush
Town Board for the establishment of a sewer district to serve the
"Amended Tech Valley Residential Community PDD."
L.
The sanitary sewer system shall be eight-inch SDR-26 PVC pipe, pre-cast
concrete manholes and eight-inch high heavy-duty twenty-four-inch
diameter vented manhole castings installed in accordance with plans
approved by the Town Engineer and the Rensselaer County Health Department.
M.
There are two proposed connection points for the sanitary sewer;
one at the existing Town-owned manhole at the intersection of Mazoway
Avenue and Glenwood Road, and one to the County-owned sewer that exists
in Glenmore Road. The system will be designed meeting both the Town
of North Greenbush and Rensselaer County Health Department Standards.
A.
The stormwater management system shall be designed to comply with
the current NYSDEC stormwater regulations and the Town of North Greenbush
local laws.
B.
A complete stormwater pollution prevention plan (SWPPP) shall be
submitted to the Town Engineer for approval prior to any construction
being started at the site.
C.
The Town Engineer shall approve the stormwater management system
design. The design shall allow for easy maintenance and mowing.
D.
All stormwater ponds shall be fenced with a four-foot high heavy
duty, black-vinyl-clad chain-link fence with access gates as approved
by the Highway Superintendent.
E.
The stormwater management system shall be deeded by easement to the
Town of North Greenbush for future operation and maintenance with
the exception of the detention/retention basins. Maintenance of the
detention/retention basins will be the responsibility of the homeowners'
association.
F.
If necessary, the developer must obtain all necessary permits and/or
approvals from the United States Army Corps of Engineers (ACOE) with
respect to impacts to federal wetlands resulting from the development
of the Amended Tech Valley Residential Community Planned Development
District.
G.
No work shall commence in the federal wetlands prior to the developer
obtaining such ACOE permits and/or approvals.
H.
A copy of all such ACOE permits and/or approvals shall be provided
to the Town Engineer prior to any grading or construction activities
in the federal wetlands.
A.
All buildings shall be constructed or clad with material that is
durable, economically maintained and of a quality that will maintain
their appearance over time.
B.
All buildings shall have an exterior design style to include traditional
building materials such as wood, vinyl clapboard siding, asphalt architectural
shingles, brick, natural or synthetic stone.
C.
Elevations and floor plans of the residences shall be as per the
attached "Exhibit B: Building Elevations Proposed Planned Development
District Townhouse Development Tech Valley Residential Community,"
dated February 2017.[1] These exhibits represent a generalized style of the buildings
and the Building Department Coordinator shall review any changes to
this design. Any substantial changes shall be referred to the Planning
Board for final approval.
[1]
Editor's Note: Exhibit B is on file in the office of the Town
Clerk.
D.
No accessory buildings or sheds shall be allowed in the Amended Tech
Valley Residential Community Planned Development District.
E.
Landscaping for each residence shall be as per the attached "Exhibit
C: Unit Landscaping Proposed Planned Development District Townhouse
Development Tech Valley Residential Community," dated February 2017.[2] Any changes shall be submitted to the Town Engineer for
approval prior to installation. Any substantial changes shall be referred
to the Planning Board for final approval.
[2]
Editor's Note: Exhibit C is on file in the office of the Town
Clerk.
F.
Each residence shall have a post-lamp type light with photometric
sensor wired directly to the residence's electric panel box.
G.
Garages for each residence shall be capable of parking a vehicle
at all times and shall not be used for storage of other material that
would prevent the parking of a car completely within the garage.
H.
Refuse storage areas shall be enclosed in the structures.
A.
Sidewalks shall be constructed along the roadway system for the Amended
Tech Valley Development Planned Development District as per "Exhibit
'A' - Proposed Planned Development District Townhouse Development
Tech Valley Residential Community," dated February 2017, will be constructed
as approved by the Town Engineer.
B.
The sidewalks will be closed during the winter months (December 1
thru April 1). Snow will not be removed from the sidewalks during
the winter months.
C.
A $300-per-unit green space/recreation fee shall be paid at the time
the individual building permits are issued for each structure.
D.
There shall be one common mailbox/newspaper box facility for all
residences to pick up their mail and newspapers. This facility shall
be attractively landscaped and located near the front of the project
site and be served by at least four unassigned off-street parking
spaces.
A.
A work permit shall be issued for the site work (grading and infrastructure),
all in accordance with the Town of North Greenbush Building Department's
fees and procedures.
B.
Individual building permits shall be issued for each residential
structure, all in accordance with the Town of North Greenbush Building
Department's fees and procedures.
C.
Prior to start of any construction, a pre-construction meeting shall
be held to review all aspects of the project. Shop drawings shall
be approved by the Town Engineer prior to being installed in the construction
of the infrastructure.
D.
An escrow account shall be established by the developer, prior to
the start of site work, with the Town of North Greenbush to provide
for engineering review, observation and oversight, by the Town of
North Greenbush personnel/consultants, on all construction plans and
site plan construction activities related to this project. The amount
of such escrow account shall be subject to review from time to time
during the construction activities to make sure that a sufficient
balance is maintained to cover the costs for the engineering review
and oversight.
E.
Site work and construction may take place between 7:00 a.m. to 7:00
p.m., Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturdays,
without prior written approval from the Town of North Greenbush Building
Department.
F.
No site work or construction shall take place on any Sunday, Christmas
Day or New Year's Day.
G.
A project progress committee shall be established at the pre-construction
meeting consisting of the Building Department Coordinator, Planning
Board Chairman, Fire Marshal, Utilities Department Supervisor, Town
Engineer and the developer representative. The purpose of this committee
would be to review and authorize minor changes to the approved site
plan prior to construction being allowed on these minor changes.
H.
The developer shall be responsible to submit to the Town Engineer
an acceptable as-built set of plans for the project and infrastructure.
A.
All signage shall comply with the Town of North Greenbush signage
regulations.
B.
One landscaped entrance type sign identifying the Amended Tech Valley
Community Planned Development District or future designated project
name shall be allowed.
C.
The entrance sign shall be designed as a non-hazardous roadside obstacle
type sign and shall be located outside of the public right-of-ways.
D.
The entrance sign shall be submitted to the Town of North Greenbush
Planning Board for approval prior to installation.
E.
All traffic control signs for the Amended Tech Valley Community Planned
Development District shall be in accordance with the NYSDOT Manual
of Uniform Traffic Control Devices.
F.
A stop sign shall control traffic exiting the site onto Glenmore
Road.
G.
A street name sign shall be installed at the Glenmore Road entrance.
H.
"No Parking" signs shall be installed as per the direction of the
Fire Marshall through out the site.
A.
Prior to the subdivision plat being signed by the Planning Board
Chairman for the Amended Tech Valley Community Planned Development
District a subdivision plat and site plan, in substantial compliance
with this article and the exhibits attached hereto, shall be submitted
and approved after a public hearing by the Town of North Greenbush
Planning Board. The Planning Board shall have the authority to address
all traffic issues and to order all studies they deem appropriate.
B.
Prior to issuance of a work permit by the Town of North Greenbush
Building Department the following conditions shall be complied with:
(1)
All final Planning Board and engineering comments shall be addressed
on the site plan.
(2)
All necessary approvals for the public water and sanitary sewer
shall be obtained.
(3)
All necessary agreements shall be executed with the Town of
North Greenbush as required.
(4)
All necessary performance bonds and security agreements shall
be filed with the Town of North Greenbush.
(5)
Funding of the appropriate engineering review, observation and
oversight escrow be established with the Town of North Greenbush Comptroller.
(6)
Payment of all municipal review fees.
(7)
The approved subdivision plat shall be signed by the Planning
Board Chairman and filed in the Rensselaer County Clerk's Office.
A.
The Town of North Greenbush shall have the right to enforce this
article.
B.
Any violation of a provision of this article shall be deemed a violation
of the Town of North Greenbush Zoning Code and the provisions hereof
shall be enforceable pursuant to the enforcement provisions of said
Town of North Greenbush Zoning Code.
The provisions of this article shall be deemed to be separable;
if any such provisions shall be held unconstitutional or unlawful
by any court of competent jurisdiction, the decision of such court
shall not affect or impair any of the remaining provisions of this
article.
All prior local laws, ordinances and resolutions and parts thereof
inconsistent with this article are hereby superseded. This includes
the elimination of the transportation overlay district known as the
190 Connector Corridor (NYSDOT PIN 1089.62) which extends through
this property, but only within the boundaries of this parcel. The
Town Zoning Map is hereby amended accordingly.
This article shall be effective immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law and the entry of Amended Tech Valley Community Planned Development District on the Official Zoning Map in accordance with the Town of North Greenbush Code § 197-5B.
