[Adopted 5-1-1984 by L.L. No. 5-1984]
This local law shall be known and may be cited
as local law amending Local Law No. 2 of 1983 of the Town of Halfmoon,
entitled "Local Law Relating to Zoning for the Town of Halfmoon,"
providing for the creation of a planned development district to be
known as "Knox Woods Planned Development District."
Local Law No. 2 of 1973 of the Town of Halfmoon,
entitled "Local Law Relating to Zoning for the Town of Halfmoon,"
and the Zoning Map of the Town of Halfmoon, as set forth and enacted
in Local Law No. 1 of 1984, be and the same hereby are amended by
changing from Residence District R-1, as hereinafter described, and
creating within the boundaries of said newly described area a planned
development district to be known and described as "Knox Woods Planned
Development District."
The area of said Knox Woods Planned Development
District is bounded and described as set forth in Exhibit B attached
hereto and made a part hereof.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
There shall be constructed within the area of
said Knox Woods Planned Development District a multifamily project
consisting of multiple-family dwellings (townhouses, apartments or
condominiums), accessory buildings, streets, recreational facilities,
laundry facilities, public improvements and a real estate office,
as follows:
A.
There shall be constructed streets together with connecting
streets, a recreational area, real estate office for on-site real
estate sales only and residential dwellings up to a maximum of 500
units, consisting of approximately 220 townhouses and 280 apartments
or condominiums. There may be constructed an entrance sign and shelter.
B.
Before construction of Knox Woods Planned Development
District is started or any building permit is issued relating thereto,
final plans and specifications shall be submitted to the Planning
Board of the Town of Halfmoon and filed with the Town Clerk of the
Town of Halfmoon.
C.
During the construction of Knox Woods Planned Development
District, there shall be constructed, as set forth as part of the
plans and specifications to be approved by the Planning Board of the
Town of Halfmoon, parking areas providing sufficient parking for all
dwelling units, recreation facilities and real estate office.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and in strict compliance with the New York State Building Code. The
Planning Board shall not give approval as referred to in said local
law relating to zoning, Section 1002, paragraph 8,[1] unless and until all approvals required by each and every
other government or governmental entity has been obtained. The architect
performing the work herein described shall be employed by and at the
sole expense of the developer. All construction during performance
thereof and upon completion shall be subject to the inspection and
approval of the Enforcement Officer of the Town of Halfmoon. All roads
and/or streets to be constructed pursuant to this local law shall
be constructed pursuant to specifications at the time in effect for
the construction of Town highways in the Town of Halfmoon. Any private
sewage or water system must and shall be connected to public or municipal
facilities when available.
Upon satisfactory completion in accordance with
the requirements of the appropriate state agencies, all water distribution
facilities, including mains, valves, fittings, hydrants and that portion
of the service connection which lies within the limits of the dedicated
roadways, shall be offered to the Town of Halfmoon with delivery to
the Town of Halfmoon of duly executed deeds, easements and bills of
sale, as appropriate, at no cost to the Town of Halfmoon.
For those portions of the water distribution
system including mains, valves, fittings and hydrants which lie outside
the limits of dedicated highways, easements for the maintenance, repair
and replacement of the system shall be conveyed to the Town of Halfmoon
at no cost to the Town of Halfmoon.
Upon satisfactory completion in accordance with
the requirements of the appropriate state agencies, all sewerage facilities,
including main laterals, manholes and pumping stations, shall be offered
to Saratoga County Sewer District No. 1 with delivery to said Saratoga
County Sewer District No. 1 of duly executed deeds, easements and
bills of sale, as appropriate, together with easements for the maintenance,
repair and replacement of all those portions of the system which lie
outside the limits of the dedicated streets. Parcels of land for pumping
station and access thereto shall be offered in fee to said district,
with delivery to said district of a duly executed deed or deeds, at
no cost to said district.
Upon satisfactory completion in accordance with
the approved drawings, all stormwater management facilities within
the limits of dedicated streets shall be offered to the Town of Halfmoon
with duly executed deeds, easements and bills of sale as appropriate
at no cost to the Town of Halfmoon.
All stormwater management facilities outside
the limits of dedicated streets, including pipes, catch basins, manholes
and retention areas, shall be maintained forever by the homeowners'
association. However, an easement(s) shall be conveyed to the Town
of Halfmoon so that in the event the homeowners' association shall
fail or refuse to perform such maintenance as the Town of Halfmoon
may deem necessary, the Town of Halfmoon may enter on the premises
to maintain, repair or replace the stormwater management system as
may be necessary. The cost of such maintenance, repair or replacement
by the Town of Halfmoon shall be a charge against the said real property
and added to the taxes concerning such real property.
This amendment shall be deemed automatically
revoked and void and the previous regulations and laws shall obtain
if, within six months from the approval of the Planning Board of the
Town of Halfmoon for the construction of the project, commencement
of the construction of Knox Woods Planned Development District has
not begun or if after construction has begun unless substantial progress
continues without undue interruption thereafter or if the development
is not completed within eight years of such approval. As to the area
within which a building or buildings have been constructed pursuant
to this local law, there shall be no voiding of the amendment and,
as to said area and building or buildings, this amending local law
shall continue in full force and effect and the area zoned by this
local law shall be the area within which said building or buildings
was or were constructed pursuant to this amending local law. For proper
cause shown, the Town Board of the Town of Halfmoon may, upon such
terms and conditions as it deems proper, extend either the six-month
period or the eight-year period, or both, and/or may waive the requirement
that substantial progress shall continue without undue interruption.
Any such extension of time or waiver may be made by the Town Board
without a public hearing.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map, is hereby amended by providing that Knox Woods Planned
Development District be set forth on supplementary map numbered _____,
which is hereby made a part of this local law as Exhibit A. The property
set forth on such map is the real property described in the description
annexed hereto, made by E. Santo Associates, which is hereby made
a part of this local law as Exhibit B.
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PROPOSED DESCRIPTION
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Beginning at a point marked by a concrete monument
found in the southeasterly bounds of New York State Route 236, said
point being the most northerly corner of the parcel herein described
and the southwest corner of lands of Krupanski; running thence along
lands of Krupanski, thence along lands of Falcone:
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S 65° 07' 17" E
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787.64 feet to lands of Leeson; running thence
along lands of Leeson:
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S 09° 52' 43" W
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424.4 feet
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continuing along lands of Leeson and thence
along lands of Gatus:
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S 67° 37' 17" E
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1,234.2 feet to a point in the center line of
Harris Road (a/k/a as County Route 95); running thence along said
center line:
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S 03° 07' 17" E
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427.7 feet
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S 27° 22' 17" E
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125+/- feet, to a point at the intersection
of the center line of said Harris Road with a point in Lape Road (a/k/a
County Route 93); running thence along said road:
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S 83° 22' 43" W
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280+/- feet
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S 08° 37' 43" W
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44.2 feet
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N 85° 22' 17" W
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1,124.6 feet to a point in the northwesterly
bounds of said Lape Road; running thence along the northerly bounds
of said road the following 15 courses:
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S 29° 57' 57" W
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80.33 feet
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S 12° 46' 04" W
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64.54 feet
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S 09° 21' 58" W
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302.40 feet
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S 15° 07' 18" W
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107.35 feet
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S 35° 03' 48" W
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65.44 feet
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S 59° 55' 26" W
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55.41 feet
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S 70° 18' 47" W
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323.78 feet
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S 83° 21' 42" W
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34.83 feet
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N 78° 29' 49" W
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54.94 feet
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N 68° 39' 32" W
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177.43 feet
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N 74° 55' 51" W
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54.90 feet
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S 86° 29' 27" W
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92.73 feet
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S 63° 51' 47" W
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55.60 feet
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S 51° 27' 18" W
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104.50 feet
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S 47° 05' 22" W
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94.69 feet to lands now or formerly of Angeromi
and Raymond; running thence along said lands:
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N 46° 12'40" W
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529.55 feet to lands now or formerly of Stanczak;
running thence along said lands:
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N 35° 26' 09" E
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290.52 feet
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N 36° 05' 57" E
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208.11 feet to lands now or formerly of Nedoroscik;
running thence along said lands:
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S 51° 43' 46" E
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150.65 feet
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N 43° 36' 10" E
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186.00 feet
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N 46° 23' 51" W
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21.94 feet to lands now or formerly of Dewey;
running thence along said lands:
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N 29° 34' 10" E
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100.00' feet
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N 03° 59' 51" W
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35.00 feet
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N 61° 21' 43" W
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169.72 feet
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S 03° 46' 10" W
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100.00 feet to the northerly bounds of Pine
Lane; running thence along said bounds;
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N 46° 23' 51" W
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355.21 feet
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N 58° 45' 36" W
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121.49 feet to lands now or formerly of Schofield;
running thence along said lands, lands now or formerly of H. Stanczak
and thence lands now or formerly of J. Stanczak:
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N 37° 54' 41" E
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331.30 feet
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N 60° 52' 17" W
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175.61 feet to a point in the southeasterly
bounds of the aforementioned New York State Route 236; running thence
along said southeasterly bounds 1,340+/- feet, to the place and point
of beginning.
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Excepting and reserving from the above description
the following three parcels located northerly of Lape Road (a/k/a
County Route 93):
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1.
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lands of Benjamin and Katherine Balzer (deed
ref. 653/356);
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2.
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lands of Ransom and Anna Smith (deed ref. 626/404);
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3.
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lands of Joseph and Marion Gaston (deed ref.
523/468).
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[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
