[Adopted 3-1-1988 by L.L. No. 3-1988]
This local law shall be known and may be cited
as Local Law No. 3 of 1988, amending Local Law No. 2 of 1973 of the
Town of Halfmoon, entitled "Local Law Relating to Zoning for the Town
of Halfmoon," as previously amended and supplemented by the local
laws relating to zoning of the Town of Halfmoon adopted October 7,
1986, providing for the creation of a planned development district
to be known as "King Planned Development District," as shown on a
preliminary map thereof dated December 1, 1987, made by C. T. Male
Associates.
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, as previously amended and supplemented
by the Zoning Ordinance of the Town of Halfmoon adopted on October
7, 1986, be and the same hereby are amended by changing from Residence
District R-3 a certain area in the Town of Halfmoon, described in
Exhibit A annexed hereto, and creating coterminous with the boundaries
of said area a commercial planned development district to be known
and described as King Planned Development District.
The area comprising said King Planned Development
District, consisting of approximately 7.757 acres in the Town of Halfmoon,
is bounded and described as set forth in Exhibit A attached hereto
and made a part hereof.
A. There shall be constructed within the area of said
King Planned Development District a project generally consistent with
the preliminary plan dated December 1, 1987, consisting of a hotel
with such accessory uses as are generally found in hotels; a restaurant
containing not more than 8,900 square feet which may provide for the
on-premises consumption of all legal beverages; and a bank containing
not more than 4,200 square feet, together with accessory buildings,
streets, open space, green space, parking areas and improvements appurtenant
thereto in general conformity with the plan attached herewith as Exhibit
B and the Zoning Ordinance of the Town of Halfmoon with relation to
planned development districts. There may be constructed one or more
signs as approved pursuant to the Zoning Ordinance of the Town of
Halfmoon by the Planning Board of the Town of Halfmoon.
B. Before the issuance of any building permit, final
plans and specifications shall be submitted to the Planning Board
of the Town of Halfmoon for site review, engineering analysis and
approval and filed with the Town Clerk of the Town of Halfmoon. The
exact location and size of buildings, parking areas, green space,
sidewalks, interim roads and other related matters may be changed,
altered or amended during the Town of Halfmoon Planning Board site
plan review process in a manner generally consistent with the preliminary
plan.
C. There shall be constructed streets together with connecting
streets as shown on the preliminary map dated December 1, 1987, thereof,
together with a right-hand-turn-only lane from eastbound Route 146
into the planned development district, the installation of a traffic
light southerly of the Route 9/Route 146 intersection at the approximate
location of the "proposed entry boulevard "as shown on said preliminary
map dated December 1, 1987, and further the widening of the northbound
lane of Route 9 as and if directed by New York State Department of
Transportation ________. Applicant will further comply with any additions
to and/or modifications of the foregoing required by the New York
State Department of Transportation with respect to state roads and
the Town of Halfmoon Engineers with respect to present roads or roads
to be dedicated to the Town.
D. The applicant has further agreed to consider a park-and-ride
facility on the balance of its parcel contiguous to the planned development
district located in the Town of Halfmoon, Saratoga County, New York.
All buildings shall be designed and constructed
in strict compliance with the New York State Building Code. The construction
of all buildings shall be subject to the inspection and approval of
the Building Inspector of the Town of Halfmoon and Fire Marshal thereof.
A building permit shall be issued for any building
in the district only upon the approval of the New York State Department
of Transportation (DOT) of a traffic plan.
All roads and/or streets to be constructed pursuant
to this local law shall be constructed pursuant to specifications
for the construction of Town highways in the Town of Halfmoon and
dedicated to the Town at the Town's discretion with appropriate proof
of ownership, maintenance and/or construction bids, etc.
Wastewater disposal will be provided by connection
to the County Sewer District. Plans for the collection system must
be approved by Saratoga County Sewer District No. 1 and the State
Department of Environmental Conservation, if otherwise required by
law. Cost of connection shall be borne by the applicant.
A stormwater management system will be installed
to assure that adjacent and downstream properties, both public and
private, will not suffer increased flooding.
Permits from the State Department of Transportation
for access to and from Route 9 and from Route 146 will be obtained.
A. Before construction of any building in the King 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. Planning Board site plan approval is required
prior to construction and is a condition precedent for issuance of
a building permit.
B. During the construction of King Planned Development
District, there shall be constructed, as set forth in general conformity
with the preliminary plans dated December 1, 1987, as part of the
plans and specifications to be approved by the Planning Board of the
Town of Halfmoon, parking areas, portions of which may be in the Town
of Clifton Park, providing sufficient parking for all plants or buildings.
C. Approval of the State Department of Health and Town
Engineer will be obtained for the water system, as appropriate.
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, unless and until all approvals required by each and every
other government or governmental entity have been obtained. The Planning
Board may, in its discretion, give approval contingent upon the applicant's
obtaining same on all such other necessary approvals. The architect
performing the work herein described shall be employed by and at the
expense of the developer. All construction during performance thereof
and upon completion shall be subject to the inspection and approval
of the Enforcement Officer and Fire Marshal of the Town of Halfmoon.
All roads and/or streets to be constructed within the project limits
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 water system must and shall be connected
to public or municipal facilities when available, at the sole cost
and expense of the developer.
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 and connection
in accordance with the requirements of the appropriate state agencies,
all sewage facilities including mains, manholes and pumping stations
shall be offered to Saratoga County Sewer District No. 1 at no cost
to said district 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, if necessary.
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, which the Town in its sole discretion
may accept for dedication at any time it determines.
For all those portions of the stormwater management
facilities, including pipes, catch basins, manholes and retention
areas, which lie outside the limits of dedicated streets, 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,
if requested by the Town of Halfmoon at any time.
This amendment shall be deemed automatically
revoked and void and the previous regulations and laws shall obtain
if, within one year from the approval of the Planning Board of the
Town of Halfmoon for the construction of the project, or the New York
State DOT, whichever is later, commencement of the construction of
King 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 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 one-year 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.
All buildings will be constructed in accordance
with New York State Building and Fire Codes. All blueprints and building
specifications shall be approved by a duly licensed engineer or architect.
All construction shall be subject to the inspection and approval of
the Town Building Inspector, Town Fire Marshal and Town Engineers.
All buildings will contain a fire alarm system having direct alarm
connection to the appropriate fire company and/or Fire Control Center
if required by applicable law. All buildings shall be equipped with
sprinklers in accordance with New York State Building and Fire Prevention
Codes and the standards of the National Fire Protection Association,
if required by applicable law. Fire hydrants shall be installed in
accordance with appropriate standards and codes, when available, at
the developer's sole cost.
All utilities shall be installed underground.
All signs within the district shall comply with
the requirements established by the Planning Board during site plan
review.
A. The developer shall file bonds or letters of credit
in the amounts established by the Town Planning Board and acceptable
as to amount and form to the Town Engineers and Town Attorney, to
guarantee the following:
(1) Return of the site to its original condition after
clearing and grading should this be deemed necessary by the Planning
Board;
(2) The satisfactory completion of the roads and other
infrastructure for the project;
(3) The satisfactory completion and maintenance of landscaping
on the project site.
B. The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
Section 402 of the said Local Law No. 2 of 1973,
Zoning Map, as revised, amended and supplemented by the local law
relating to zoning of the Town of Halfmoon adopted October 7, 1986,
is hereby amended by providing that King Planned Development District
be set forth on a supplementary map which is hereby made a part of
this local law as Exhibit B, dated December 1, 1987; the property
set forth on such map is the same real property described in the description
annexed hereto and marked Exhibit A, made by CT Male Associates.
The Town Board may, upon the request of the
then owners of the site, modify any of the provisions of this local
law upon such terms as the Town Board shall determine to be reasonable.
[Added 5-5-1992 by L.L. No. 2-1992]
A. This local law shall be known and may be cited as
Local Law No. 2 of 1992, amending Local Law No. 2 of 1973 of the Town
of Halfmoon, entitled 'Local Law Relating to Zoning for the Town of
Halfmoon," as previously amended and supplemented by the local laws
relating to zoning of the Town of Halfmoon adopted October 7, 1986,
providing for the amendment of a planned development district known
as "King Planned Development District" and created by Local Law No.
1 of 1988.
B. 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, as previously amended and supplemented by the Zoning
Ordinance of the Town of Halfmoon adopted on October 7, 1986, be and
the same hereby are amended by changing from Residence District R-3
a certain area in the Town of Halfmoon, described in Exhibit A annexed
hereto, and making said area a portion of the commercial planned development
district known and described as King Planned Development District,
said portion being owned by Amerada Hess Corporation ("applicant")
and being referred to herein as the "Hess Parcel." The further provisions
of this local law shall apply only to the Hess Parcel. The site specific
provisions of Local Law No. 1 of 1988 shall continue to apply to the
7.757 acre parcel previously constituting the entire King Planned
Development District.
C. The area comprising the Hess Parcel consists of approximately
0.622 acres in the Town of Halfmoon and is bounded and described as
set forth in Exhibit A attached hereto and made a part hereof.
D. There shall be constructed within the Hess Parcel
portion of said King Planned Development District a project generally
consistent with the conceptual site plan dated April 25, 1991, and
subsequently revised, consisting of a Hess Mart gasoline station and
convenience store in general conformity with the Zoning Ordinance
of the Town of Halfmoon with relation to planned development districts
and initially with the plan attached herewith as Exhibit B-1 and thereafter,
subject to the other provisions of this section, with the plan attached
herewith as Exhibit B-2. There may be constructed one or more signs as approved
pursuant to the Zoning Ordinance of the Town of Halfmoon by the Planning
Board of the Town of Halfmoon.
(1) Before the issuance of any building permit for the
Hess Parcel, final plans and specifications shall be submitted to
the Planning Board of the Town of Halfmoon for site review, engineering
analysis and approval and filed with the Town Clerk of the Town of
Halfmoon. The exact location and size of buildings, parking areas,
green space, sidewalks, underground storage tanks and other related
matters may be changed, altered or amended during the Town of Halfmoon
Planning Board site plan review process in a manner generally consistent
with the conceptual site plan.
(2) The owner of the Hess Parcel shall submit two sets
of final plans and specifications, one consistent with Exhibit B-1
(the "B-1 Design") and the other consistent with: Exhibit B-2 (the
"B-2 Design") and may obtain final approval of both the B-1 and B-2
Designs. Notwithstanding any other provisions of this local law, the
owner may abandon the B-1 Design before or after final site plan approval.
In the event development occurs pursuant to the approved B-1 Design,
the Town of Halfmoon shall give the owner of the Hess Parcel written
notification of the completion of construction of, dedication to,
and the Town Board's acceptance as public streets of, those proposed
roads in the King Planned Development District which in part abut
the Hess Parcel and extend from Route 146 southerly and easterly to
Route 9 (collectively, the "King Roads"). Within 30 days after receipt
of the aforesaid written notification, the owner of the Hess Parcel
shall close off, or otherwise block the use of, the exit driveway
from the Hess Parcel to Route 9. Said owner shall remove said exit
driveway and make all changes to the Hess Parcel required to make
it consistent with the B-2 Design by June 30 following receipt of
the aforesaid written notification, provided June 30 is at least 60
days after said receipt; otherwise, the changes and improvements shall
be completed, weather permitting, within the sixty-day period following
said receipt.
E. All buildings shall be designed and constructed in
strict compliance with New York State Building Code and Fire Code.
The construction of all buildings shall be subject to the inspection
and approval of the Building Inspector of the Town of Halfmoon and
Fire Marshal thereof.
F. Water will be provided to the Hess Parcel by connection
to the Town of Halfmoon system along Route 9, subject to any required
approval and easements from applicant, all at the applicant's expense.
G. Wastewater disposal will be provided by connection
to the County Sewer District. Plans for the collection system must
be approved by Saratoga County Sewer District No. 1 and the State
Department of Environmental Conservation, if otherwise required by
law. Cost of connection shall be borne by the applicant.
H. A stormwater management system will be installed,
subject to inspection and approval by the Town Engineer, to assure
that adjacent and downstream properties, both public and private,
will not suffer increased flooding. Upon satisfactory completion in
accordance with the approved drawings, all stormwater management facilities,
if any, within the limits of dedicated Town 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.
I. Permits from the State Department of Transportation
for access to and from Route 9 and will be obtained.
J. All buildings and other improvements shall be designed
and constructed pursuant to plans and specifications approved by a
duly licensed architect or a professional engineer 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 unless and until all approvals required by each and every
other government or governmental entity have been obtained. The Planning
Board may, in its discretion, give approval contingent upon the applicant's
obtaining all such other necessary approvals. The architect or engineer
performing the work herein described shall be employed by and at the
expense of the applicant. All construction, both during performance
thereof and upon completion, shall be subject to the inspection and
approval of the Enforcement Officer and Fire Marshal of the Town of
Halfmoon.
K. This amendment shall be deemed automatically revoked
and void and the previous regulations and laws shall obtain if, within
one year from the approval of the Planning Board of the Town of Halfmoon
for the construction of the project or the New York State DOT, whichever
is later, commencement of the construction on the Hess Parcel has
not begun or if after construction has begun unless substantial progress
continues without undue interruption thereafter or if the Hess Parcel
is not completed within two years of such approval. 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 one-year period
or the two-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.
L. All signs within the Hess Parcel shall comply with
the requirements established by the Planning Board during site plan
review.
M. Section 402 of the said Local Law No. 2 of 1973, Zoning
Map, as revised, amended and supplemented by the Local law relating
to zoning of the Town of Halfmoon adopted October 7, 1986, is hereby
amended by providing that the Hess Parcel of the King Planned Development
District be set forth on a supplementary map which is hereby made
a part of this local law as Exhibit C, dated August 15, 1991; the
property set forth on such map is the same real property described
in the description annexed hereto and marked Exhibit A, made by the
Environmental Design Partnership.
N. The Town Board may, upon the request of the then owners
of the Hess Parcel, modify any of the provisions of this local law
upon such terms as the Town Board shall determine to be reasonable.
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EXHIBIT A
METES AND BOUNDS SURVEY
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ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND
situate in the Town of Halfmoon, County of Saratoga, State of New
York, lying at the intersection of the south line of New York State
Route No. 146 and the west line of U.S. Route No. 9 and being further
bounded and described as follows:
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Beginning at the point of intersection of the
south line of New York State Route No. 146, State Highway No. 8137
as appropriated by The New York State Department of Transportation
Real Property Division in Book 1192 of Deeds at Page 103, Book 1207
of Deeds at Page 6 and in Book 1215 of Deeds at Page 644 with the
common division line of lands now or formerly of J. Eric King as conveyed
in Book 1220 of Deeds at Page 68 to the west and lands now or formerly
of Amerada Hess Corporation as conveyed in Book 1024 of Deeds at Page
978 to the east, said point of beginning being located South 67 deg.
53 min. East, 0.3 feet from a capped iron rod found, and runs thence
from said point of beginning along said south line of New York State
Route No. 146 the following two courses and distances:
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1) North 83 deg. 56 min. 20 sec. East, 104.85
feet to a point, said point being located North 88 deg. 43 min. 00
sec. West, 3.68 feet to an existing concrete monument found; 2) South
62 deg. 09 min. 10 sec. East, 53.20 feet to a point marked with a
concrete monument found at the intersection of said south line of
New York State Route No. 146 with the west line of U.S. Route No.
9, State Highway No. 8065; thence along said west line of U.S. Route
No. 9, South 22 deg. 53 min. 40 sec. East, 156.55 feet to the point
of intersection of said west line of U.S. Route No. 9 with the common
division line of lands now or formerly of J. Eric King as conveyed
in Book 1220 of Deeds at Page 68 to the south and said lands of Amerada
Hess Corporation to the north; thence along said common division line
the following two (2) courses and distances;
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1) South 66 deg. 20 min. 50 sec. West, 130.99
feet to a point;
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2) North 23 deg. 39 min. 10 sec. West, .229.89
feet to the point or place of beginning, containing 27,102+/- square
feet of land.
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Said parcel subject to any and all enforceable
covenants, conditions, easements and restrictions of record as they
may appear.
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[Added 8-3-1993 by L.L. No. 2-1993]
A. This local law shall be known and may be cited as
Local Law No. 2 of 1993, amending Local Law No. 2 of 1973 of the Town
of Halfmoon, entitled "Local Law Relating to Zoning for the Town of
Halfmoon," as previously amended and supplemented by the local laws
relating to zoning of the Town of Halfmoon adopted October 7, 1986,
and amending Local Law No. 1 of 1988 providing for the creation of
a planned development district known as King Planned Development District,
as originally shown on a preliminary map thereof dated December 1,
1987, made by C.T. Associates.
B. Local Law No. 1 of 1988 of the Town of Halfmoon, entitled
"King Planned Development District," is hereby amended as follows:
Section 4 is amended to delete the reference to a bank and insert
in its place and stead a "color tile retail store." Also, the Planning
Board is authorized to do a comprehensive sign review without limitation
to the existing provisions for signage contained in the Zoning Ordinance
of the Town of Halfmoon.
C. All the other Town conditions and specifications of
the original local laws insofar as they are not inconsistent herewith
or amended hereby are in all other respects confirmed, ratified and
in full force and effect.
D. The Town Board may, upon the request of the then owners
of the site, modify any of the provisions of this local law upon such
terms as the Town Board shall determine to be reasonable.
[Added 8-1-1995 by L.L. No. 7-1995]
A. This local law shall be known and may be cited Local
Law No. 7 of 1995, amending and supplementing Local Law No. 2 of 1993,
and Local Law No. 3 of 1988 of the Town of Halfmoon and the local
law entitled "Local Law Relating to Zoning for the Town of Halfmoon,"
dated May 16, 1995, as previously amended and supplemented by the
local laws relating to zoning of the Town of Halfmoon, hereby amending
Local Law No. 3 of 1988 providing for the creation of a planned development
district known as "King Planned Development District," as originally
shown on a preliminary map thereof dated December 1, 1987, made by
C.T. Associates and shown on a supplemental map entitled "Preliminary
Development Plan, Proposed King Planned Development District, Phase
2," dated September 1, 1994, last revised April 5, 1995.
B. Local Law No. 3 of 1988, as amended by Local Law No.
2 of 1993 of the Town of Halfmoon entitled "King Planned Development
District" (hereinafter "Local Law No. 3) is hereby amended and supplemented
as follows: Local Law No. 5 of 1995 of the Town of Halfmoon, entitled
"Local Law Relating to Zoning of the Town of Halfmoon," and the Zoning
Map of the Town of Halfmoon, as set forth in Local Law No. 5 of 1995,
adopted on May 16, 1995, be and the same hereby are amended by changing
from Commercial District C-1 and Residence Districts R-1 and R-3,
the certain area of the Town of Halfmoon adjacent to the existing
King Plan Development District, described in Exhibit A annexed hereto, which parcel of land shall be made a part
of said planned development district, and creating coterminous with
the boundaries of said area and with the boundaries of the original
commercial planned development district known as "King Planned Development
District," a new and supplemental planned development district to
be added to the existing planned development district, all to be known
and described as "King Planned Development District."
C. Addition.
(1) Section 3 of Local Law No. 3 of 1988 is amended as
follows: The area comprising King Planned Development District, originally
consisting of approximately 7.75 acres in the Town of Halfmoon, bounded
and described as set forth on Exhibit A and B hereof, is amended to
add to it a 36+/- acre parcel to become a part of the PDD, which description
is annexed hereto and marked Exhibit A.
(2) Section 4 of Local Law No. 3 is amended by adding
the following:
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There shall be constructed within the area of
the said King Planned Development District, as amended, additional
retail space for retail establishments, in a manner generally consistent
with the preliminary plan dated September 1, 1994, last revised April
5, 1995, as reviewed by the Planning Board of the Town of Halfmoon,
and consisting of the plan which was recommended for approval by the
Planning Board of the Town of Halfmoon, consisting substantially of
retail type space with accessory uses as are generally found in such
space, not more than 260,000 square feet of such space, together with
accessory buildings, streets, open space, green space, parking area
improvements pertinent thereto and in general conformity with the
plan attached herewith as Exhibit C and the Zoning Ordinance of the
Town of Halfmoon in relation to planned development districts. There
shall also be constructed signs only as approved pursuant to Planning
Board approval of the Town of Halfmoon, consistent with Local Law
No. 2 of 1993 that provides for a comprehensive sign review by the
Planning Board for the existing PDD, which comprehensive sign plan
review will apply also to this amendment and the additional supplemental
portion of the PDD.
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(3) Section 5 of Local Law No. 3 is amended as follows;
there shall be added thereto an additional paragraph as follows:
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That all traffic considerations required by
the Planning Board and the Department of Transportation in connection
with the streets shall be reviewed and approved by the Planning Board
of the Town of Halfmoon prior to the issuance of any final approval
of the planned development district or the issuance of any building
permits or certificates of occupancy.
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D. Section 17 of Local Law No. 3 of 1988 shall be amended
to provide as follows:
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For the purposes of the original local law and
this amendment to the local law, the time period for which the local
law shall be deemed effective is eight years from the date of adoption
of this amendment. If within eight years from the date of adoption
of this amendment to the local law the project has not begun; or if
after construction has been done, if substantial progress has not
continued without undue interruption' or if development is not completed
within eight years of such approval, this amendment shall be deemed
automatically revoked and the original local law shall be deemed automatically
revoked and void and the previous regulations and the law shall obtain.
As to the area within which the 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/or building or buildings, this amending local
law shall be the area within which said building or buildings was
or were constructed, pursuant to this local law. For proper cause,
the Town Board of the Town of Halfmoon may, upon such terms and conditions
as they deem proper, extend the eight-year period, 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 therefor.
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E. All the other Town conditions and specification of
the original local laws in so far as they are not inconsistent herewith
or amended hereby are in all other respects confirmed, ratified and
in full force and effect.
F. The Town Board may, upon the request of the then owners
of the site, modify any of the provisions of this local law upon such
terms as the Town Board shall determine to be reasonable.
[Added 3-24-1998 by L.L. No. 1-1998]
A. This local law shall be known and may be cited as
Local Law No. 1 of 1998, amending and supplementing Local Law No.
7 of 1995, Local Law No. 2 of 1993, Local Law No. 2 of 1992 and Local
Law No. 3 of 1988 of the Town of Halfmoon, and the local law entitled
"Local Law Relating to Zoning for the Town of Halfmoon," dated May
16, 1995, as previously amended and supplemented by the local laws
relating to zoning of the Town of Halfmoon, hereby amending Local
Law No. 3 of 1988 which provided for the creation of a planned development
district known as "King Planned Development District," as originally
shown on a preliminary map thereof dated December 1, 1987, made by
C.T. Associates and shown on a supplemental map entitled "Preliminary
Development Plan, Proposed King Planned Development District, Phase
2," dated September 1, 1994, last revised April 5, 1995."
B. Local Law No. 3 of 1988, as amended by Local Law No.
7 of 1995, Local Law No. 2 of 1993 and Local Law No. 2 of 1992 of
the Town of Halfmoon, entitled "King Planned Development District"
(hereinafter Local Law No. 3), is hereby amended and supplemented
as follows Local Law No. 5 of 1995 of the Town of Halfmoon, entitled
"Local Law Relating to Zoning of the Town of Halfmoon," and the "Zoning
Map of the Town of Halfmoon," as set forth in Local Law No. 5 of 1995,
adopted on May 16, 1995, be and the same hereby are amended, which
amendment will allow the applicant to substitute his permitted use
in place of a hotel and accessory uses related thereto, a second restaurant
not to exceed 10,000 square feet together with accessory uses related
thereto; to substitute his permitted use for the "color tile store,"
retail store and dentist/orthodontist office, together with accessory
uses related thereto; without the necessity of a further amendment
in the future if the retail office use changes, and to subdivide the
lands comprising the northerly portion of the PDD in accordance with
subdivision plan prepared by David Flanders and Associates, dated
February 24, 1998; and to extend the time in which the developers
have to begin and complete the proposed project until December 31,
2008, and all required roads, drainage, signage, traffic control devices
and all other required improvements for the proposed PDD.
C. Addition.
(1) Section 4 of Local Law No. 3 of 1988, as amended,
is amended by adding the following:
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There shall be constructed within the area of
the said "King Plan Development District," as amended, additional
retail space for retail establishments, in a manner generally consistent
with the preliminary plan dated September 1, 1994, last revised April
5, 1995, as reviewed by the Planning Board of the Town of Halfmoon,
and consisting of the plan which was recommended for approval by the
Planning Board of the Town of Halfmoon, consisting substantially of
retail type space with accessory uses as are generally found in such
space, not more than 260,000 square feet of such space, together with
accessory buildings, streets, open space, green space, parking area
improvements pertinent thereto and in general conformity with the
plan attached herewith as Exhibit C and the Zoning Ordinance of the
Town of Halfmoon in relation to plan development district. There shall
also be constructed signs only as approved pursuant to Planning Board
approval of the Town of Halfmoon, consistent with Local Law No. 2
of 1993 that provides for a comprehensive sign review by the Planning
Board for the existing PDD, which comprehensive sign plan review will
apply also to this amended and the additional supplemental portion
of the PDD.
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(2) Section 5 of Local Law No. 3 of 1988, as amended,
is amended as follows; there shall be added thereto an additional
paragraph as follows:
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That all traffic considerations required by
the Planning Board, parking and traffic patterns shall be reviewed
and approved by the Planning Board of the Town of Halfmoon prior to
the issuance of any final approval of the subdivision or site plan
or the issuance of any building permits or certificates of occupancy.
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D. Section 17 of Local Law No. 3, 1988, shall be amended
to provide as follows:
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For the purposes of the original local law and
this amendment to the local law, the time period for which the local
law shall be deemed effective is eight years from the date of adoption
of this amendment. If within eight years from the date of adoption
of this amendment to the local law, the project has not begun, or
if after construction has been done, if substantial progress has not
continued without undue interruption, or if development is not completed
within eight years of such approval, this amendment shall be deemed
automatically revoked and the original local law shall be deemed automatically
revoked and void and the previous regulations and the law shall obtain.
As to the area within which the 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/or building or buildings, this amending local
law shall be the area within which said building or buildings was
or were constructed, pursuant to this local law. For proper cause,
the Town Board of the Town of Halfmoon may, upon such terms and conditions
as it deems proper, extend the eight-year period, 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 therefor.
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E. All the other Town conditions and specification of
the original local laws insofar as they are not inconsistent herewith
or amended hereby are in all other respects confirmed, ratified and
in full force and effect.
F. The Town Board may, upon the request of the then owners
of the site, modify any of the provisions of this local law upon such
terms as the Town Board shall determine to be reasonable.