The boundary of the 261 Winter Street Extension Planned Development District is established as being Tax Map Parcel No. 123.00-5-18 on the 2008 Tax Assessment Rolls of the Town of North Greenbush, consisting of approximately 55.56 acres. Approximately 23 acres shall be developed for the residences.

The remaining 32 acres shall be left undeveloped and deeded to the Town of North Greenbush for municipal purposes prior to construction being started on the residences for the project.

Minimum front yard setback: 30 feet.

Minimum side yard setback: 10 feet on one side and zero feet (two-unit townhouse design) on other side of unit.

Minimum side yard setback: 10 feet on one side and zero feet on one side with zero feet on both sides on the center three-unit townhouse design.

Minimum rear yard setback: 20 feet.

Maximum building height: two-story design with walk-out basements for certain lots.

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.).

An additional total of 30 unassigned off-street parking spaces shall be provided, in landscaped parking areas, for guests and visitors, of which three parking spaces shall be designed as handicapped spaces.

Each parking space shall be a minimum of nine feet wide by 18 feet in depth for a total of 162 square feet.

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.

All roadways 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.

For all roadways, the base course of asphalt, together with all utilities and infrastructure, shall be installed prior to the issuance of the first building permit. However, the developer will be eligible to receive a building permit for two model units in one building.

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.

The roadways as shown on Exhibit A, Proposed Planned Development District Townhouse Development 261 Winter Street Extension, dated January 2008 and last revised on June 4, 2008, prepared by ABD Engineers and Surveyors and attached hereto as Exhibit A, shall include a roadway constructed up to the southerly property line to allow for the connection and continuance of the roadway to the property identified as Tax Map Parcel No. 123.00 - 5 - 14 on the 2008 Tax Assessment Rolls of the Town of North Greenbush currently under Town of North Greenbush Planning Board review known as the "Birchwood Hills Subdivision."

A fifty-foot-wide access and right-of-way leading to the vacant land to the east of the project shall be located along the southerly property line. This area shall be graded and paved, with six inches of crusher run stone only, to the satisfaction of the Town Engineer, to allow for parking and access to the proposed vacant land to the east.

An "emergency only" access (asphalt paved) driveway with breakaway barrier shall be constructed at a location near Willow Lane which would allow emergency vehicles access to the site in case the entrance roadway is blocked at the Winter Street Extension. The Wynantskill Fire Department's Chief and the Town of North Greenbush Police Chief shall approve this "emergency only" access.

All residential units of the 261 Winter Street Extension 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.

All public water and public sanitary sewers shall be constructed in accordance with the Town of North Greenbush standards and as hereinafter noted.

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.

All water laterals shall be the responsibility of the property owner from the curb box to the residence.

All sanitary sewer laterals shall be the responsibility of the property owner from the right-of-way line to the residence.

Each residence shall have its own water and sanitary sewer laterals separated by 10 feet as per NYSDOH regulations.

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.

An eight-inch ductile iron water main, fire hydrants and appurtenances shall be connected to the existing twelve-inch water main for Water District No. 12 in Winter Street Extension and to the existing eight-inch water main in Willow Lane at locations approved by the Town Engineer.

An eight-inch ductile iron water main, fire hydrant and appurtenances shall be installed up to the southerly property line of the property identified as Tax Map Parcel No. 134.00-2-14 on the 2008 Tax Assessment Rolls of the Town of North Greenbush currently under Town of North Greenbush Planning Board review known as the "Birchwood Hills Subdivision" as approved by the Town Engineer.

Due to the number of units being proposed as part of the 261 Winter Street Extension Planned Development District, the existing twelve-inch water system transmission main along Winter Street Extension needs to be enhanced for fire protection flow. This future enhancement has been planned for during the construction of Water District No. 12. The existing eight-inch water system main on Whiteview Road in front of 37 Whiteview Road shall be connected to the twenty-four-inch water main on Winter Street Extension north of Williams Road. This enhancement will allow for the water system surrounding this project to have redundancy in case of low water pressure in the project area.

A gravity sanitary sewer system to service the entire 261 Winter Street Extension Planned Development District shall be installed in accordance with Town of North Greenbush standards and as herein noted.

The developer must make application to the Town of North Greenbush Town Board for the establishment of a sewer district to serve the 261 Winter Street Extension Planned Development District.

This new gravity sanitary sewer system shall be connected to an existing manhole for the Rensselaer County Sewer District No. 1 system located at Whiteview Road and Willow Lane. Authorization from Rensselaer County Sewer District No. 1 to connect to this manhole shall be obtained by the developer prior to construction.

Prior to and during the construction of the sanitary sewer line in Willow Lane, through traffic must be maintained on Willow Lane or a temporary hard-surfaced roadway shall be constructed and maintained for vehicular traffic to enter and exit to Willow Lane from Winter Street Extension.

The sanitary sewer system shall be eight-inch SDR-26 PVC pipe, precast 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.

Access, for existing homes, to the new proposed eight-inch sanitary sewer in Willow Lane shall be via a precast concrete manhole to be located at the first intersection of Willow Lane south of Whiteview Road as approved by the Town Engineer.

Sanitary sewer service shall be provided to the property line of the existing homes at 261 and 281 Winter Street Extension as approved by the Town Engineer.

An eight-inch SDR-26 PVC pipe and appurtenances shall be installed up to the southerly property line of the property identified as Tax Map Parcel No. 134.00-2-14 on the 2008 Tax Assessment Rolls of the Town of North Greenbush currently under Town of North Greenbush Planning Board review known as the "Birchwood Hills Subdivision" as approved by the Town Engineer.

All electric, natural gas, telephone and cable TV lines shall be located underground.

All aboveground structures/pads/junction boxes shall be screened as much as possible with landscaping as approved by the Town Engineer.

The stormwater management system shall be designed to comply with the current NYSDEC stormwater regulations and the Town of North Greenbush local laws.[1]

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.

The Town Engineer shall approve the stormwater management system design. The design shall allow for easy maintenance and mowing.

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.

The stormwater management system shall be deeded by easement to the Town of North Greenbush for future operation and maintenance.

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 261 Winter Street Extension Planned Development District.

No work shall commence in the federal wetlands prior to the developer obtaining such ACOE permits and/or approvals.

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.

All buildings shall be constructed or clad with material that is durable, economically maintained and of a quality that will maintain its appearance over time.

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.

Elevations and floor plans of the residences shall be as per the attached Exhibits B-1, B-2, B-3 and B-4, Building Elevations Proposed Planned Development District Townhouse Development 261 Winter Street Extension, dated June 2008, prepared by ABD Engineers and Surveyors.[1] These exhibits represent a generalized style of the buildings, and the Building Department designee shall review any changes to this design. Any substantial changes shall be referred to the Planning Board for final approval.

No accessory buildings or sheds shall be allowed in the 261 Winter Street Extension Planned Development District.

Landscaping for each residence shall be as per the attached Exhibit C-1, Unit Landscaping Proposed Planned Development District Townhouse Development 261 Winter Street Extension, dated June 2008, prepared by ABD Engineers and Surveyors.[2]

Landscaping for the entrance along Winter Street Extension shall be as per the attached Exhibit C-2, Entrance Landscaping Proposed Planned Development District Townhouse Development 261 Winter Street Extension, dated June 2008, prepared by ABD Engineers and Surveyors.[3]

Landscaping along Willow Lane shall be as per the attached Exhibit C-3, Buffer Landscaping Proposed Planned Development District Townhouse Development 261 Winter Street Extension, dated June 2008, prepared by ABD Engineers and Surveyors.[4]

Each residence shall have a post-lamp-type light with photometric sensor wired directly to the residence's electric panel box.

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.

Refuse storage areas shall be enclosed in the structures.

A trail/walking path shall be constructed throughout the 261 Winter Street Extension Planned Development District as per the attached Exhibit D, Walking Trails Proposed Planned Development District Townhouse Development 261 Winter Street Extension, dated June 2008, prepared by ABD Engineers and Surveyors.[1]

The trail/walking path shall be connected to the proposed trail/walking paths areas for the adjacent Birchwood Hills and Westview Estates Subdivisions to allow for a continuous trail/walking path in the neighborhood as approved by the Town Engineer.

The trail/walking path shall be constructed as a five-foot-wide path and be paved and compacted to a depth of six inches with a crusher-run stone material as approved by the Town Engineer.

The area around the existing pond shall be cleaned up, graded, seeded and all excess brush removed to allow for easy mowing and maintenance for future ice skating during the winter months. The outfall pipe to this pond shall be repaired and new stone rip rap installed as approved by the Town Engineer.

A green space/recreation fee of $300 per unit shall be paid at the time the individual building permits are issued for each structure.

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 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.

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.

Prior to start of any construction, a preconstruction 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. The Wynantskill Fire Chief shall be invited to the meeting with ample notice.

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.

Site work and construction may take place between 7:00 a.m. and 7:00 p.m. Monday through Friday and 7:00 a.m. and 5:00 p.m. on Saturdays, without prior written approval from the Town of North Greenbush Building Department.

No site work or construction shall take place on any Sunday, Christmas Day or New Year's Day.

A project progress committee shall be established at the preconstruction meeting consisting of the Building Department designee, Planning Board Chairman, Fire Marshal, Utilities Department Supervisor, Town Engineer and the developer representative. The purpose of this committee shall be to review and authorize minor changes to the approved site plan prior to construction being allowed on these minor changes.

The developer shall be responsible to submit to the Town Engineer an acceptable as-built set of plans for the project and infrastructure.

All signage shall comply with the Town of North Greenbush signage regulations.

One landscaped entrance type sign identifying the 261 Winter Street Extension Planned Development District or future designated project name shall be allowed at the entranceway near Winter Street Extension.

The entrance sign shall be designed as a "nonhazardous roadside obstacle" type sign and shall be located outside of the public rights-of-way.

The entrance sign shall be submitted to the Town of North Greenbush Planning Board for approval prior to installation.

All traffic control signs for the 261 Winter Street Extension Planned Development District shall be in accordance with the NYSDOT Manual of Uniform Traffic Control Devices.

A stop sign shall control traffic exiting the site onto Winter Street Extension.

A street name sign shall be installed at the Winter Street Extension entrance.

"No Parking" signs shall be installed as per the direction of the Fire Marshal throughout the site.

Prior to the subdivision plat being signed by the Planning Board Chairman for the 261 Winter Street Extension 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.

Prior to issuance of a work permit by the Town of North Greenbush Building Department, the following conditions shall be complied with:

The 261 Winter Street Extension Planned Development District homeowners' association's documents, including its covenants, restrictions and bylaws, shall be reviewed by the Town Attorney prior to filing with the office of the New York State Attorney General to ensure compliance with the requirements of this article.

A property maintenance and snow removal plan shall be included in the homeowners' association agreement (HOA).

The Town of North Greenbush shall have the right to enforce this article.

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.