[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.
[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 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,[1] 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.
[1]
Editor's Note: See now § 165-54H in the Zoning chapter.
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.[1]
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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.[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.
[2]
Editor's Note: Said Exhibits B-1 and B-2 are on file in the Town's offices.
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[3] 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.
[3]
Editor's Note: See now § 165-54H in the Zoning chapter.
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.
EXHIBIT A
METES AND BOUNDS SURVEY
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:
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:
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;
1) South 66 deg. 20 min. 50 sec. West, 130.99 feet to a point;
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.
Said parcel subject to any and all enforceable covenants, conditions, easements and restrictions of record as they may appear.
[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[1] 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."
[1]
Editor's Note: PDD maps and plans are on file in the Town's offices.
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:
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.
(3) 
Section 5 of Local Law No. 3 is amended as follows; there shall be added thereto an additional paragraph as follows:
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.
D. 
Section 17 of Local Law No. 3 of 1988 shall be amended to provide as follows:
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.
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:
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.
(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:
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.
D. 
Section 17 of Local Law No. 3, 1988, shall be amended to provide as follows:
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.
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.