This article provides for the Creation of an R-P Large-Scale
Planned District to be known as "Riverbend Section VI" and is labelled
PD Planned District on the Zoning Map.
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, and
shown on the Zoning Map as PD, Planned Development.
A.
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:
B.
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 back yard 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, or 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.
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.
A detached building containing one dwelling unit only, with
a minimum size of 1,500 square feet exclusive of garages, basements,
attics, and porches.
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.
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.
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. On a corner lot, one frontage shall be designated the front and the other the side. In that case, no fence shall be placed in the front yard setback but may be placed in the side yard setback. See also corner lot, § 161-29.[1]
[1]
Editor's Note: See § 161-29B(3).
No trailers, mobile homes, recreational vehicles, motor homes,
boats, 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[1] 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.
[1]
Editor's Note: Exhibit B is on file in the Town offices.
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.
A.
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.
B.
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:
(1)
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";
(2)
Completion of Riverbend Section VI Phase II; or
(3)
Six years from the date of enactment of this article.
C.
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.
D.
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 a reduction
of the amount of the specified bond (or cash payment) to the extent
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 this chapter, 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.
A.
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[1] and, when required, site plan approval in accordance with
Town of Waterford Local Law No. 4, 1986.[2]
B.
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.
C.
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
approvals. 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.
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.
