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.
As used in this article, the following terms shall have the
meanings indicated:
LOT
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.
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.
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 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.
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 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.
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.