[Adopted 6-22-1984 by L.L. No. 6-1984]
This local law shall be known and may be cited
as local law amending Local Law No. 2 of 1973 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 "Mohawk Post 1450 Inc. Planned Development District."
The local law of the Town of Halfmoon entitled
"Local Law Relating to Zoning for the Town of Halfmoon," including
the Zoning Map of the Town of Halfmoon, be and the same hereby is
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 as "Mohawk Post 1450 Inc.
Planned Development District."
The area of said Mohawk Post 1450 Inc. Planned
Development District is bounded and described as set forth in Exhibit
A attached hereto and made a part hereof.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
A.
There shall be constructed within the area of said
Mohawk Post 1450 Inc. Planned Development District a building and
improvements all as is shown on a certain map entitled "Mohawk Post
1450 Inc. Area Site Plan-Final Topography, Utilities Plan and Landscaping,"
made by T. Ownes, P.C., Drawing No. 184-B, dated April 22, 1984, and
amended May 5, 1984.
B.
Before construction of Mohawk Post 1450 Inc. 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 Mohawk Post 1450 Inc. 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, roads and parking areas providing sufficient
parking for all improvements.
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 1102, 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 and/or water system must and shall be connected to public or
municipal facilities when available.
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 Mohawk Post 1450 Inc. 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 Mohawk Post 1450 Inc. Planned
Development District be set forth on supplementary map numbered __________,
which is hereby made a part of this local law as Exhibit B. The property
set forth on such map is the real property described in the description
annexed hereto, which is the description contained in a deed from
Mary Wallace Cullen as Executrix of the estate of Frances S. Hawarth
to Mohawk Post 1450 Inc., dated May 26, 1978, and recorded in the
Saratoga County Clerk's office on 6-21-1978 in Book 983 of Deeds at
Page 621, which description is hereby made a part of this local law
as Exhibit A.
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
