[Adopted 7-19-1994 by L.L. No. 6-1994]
This local law shall be known and may be cited
as Local Law No. 6 of 1994, a 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," as previously amended and supplemented
by the local laws and an ordinance relating to zoning of the Town
of Halfmoon, adopted October 7, 1986, and Local Law No. 8 of 1990,
providing for the creation of a planned development district known
as "Chris Abele 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, 1984, as previously amended and supplemented by the
Zoning Ordinance of the Town of Halfmoon adopted on October 7, 1986,
and by Local Law No. 8 of 1990, be and the same hereby are amended
by creating the "Chris Abele Planned Development District."
The area of said Chris Abele Planned Development
District is bounded and described as set forth in Exhibit A attached
hereto and made a part hereof and as shown on a certain site plan
map thereof, prepared by ABD Engineers & Surveyors, dated September
14, 1993, entitled "Preliminary Development Plan, Chris Abele PDD,
Sitterly Road, Halfmoon, New York."[1]
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
There shall be developed within the area of
said Chris Abele Planned Development District no more than 18 building
lots for development thereon of commercial light industrial plants,
buildings, facilities, roads or streets, as follows:
A.
There shall be constructed streets together with connecting
streets to be connected to existing streets as shown on the preliminary
map on file with the Town Clerk herein all to be constructed to current
Town standards.
B.
No lots will be developed before the district is connected
to a municipal water source. No process or manufacturing use of water
will be permitted.
C.
Wastewater disposal will be provided by connection
to the Saratoga 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.
D.
A stormwater management system will be installed to
assure that adjacent and downstream properties, both public and private,
will not suffer increased flooding. An approved stormwater management
plan will be submitted with appropriate easements, bonds, letters
of credit, title insurance, maps, and a stormwater management district
will be created as required all to be acceptable to the Town Attorney.
E.
No facilities which require exhaust stacks for manufacturing
processes or process emissions will be permitted. Minor exhaust stacks
may be allowed for maintenance and repair activities which are incidental
to the primary use of the site.
F.
Visual impacts will be minimized through the use of
buffer areas, setbacks, architectural design and screening, such as
berms, fences and plant construction materials for the district area
as a whole and for each developed site.
G.
The applicant will construct the interior loop road
and the connecting roads in compliance with Town specifications.
H.
Permits from the State Department of Transportation
for access to Route 9 will be obtained.
I.
Approval of the State Department of Health will be
obtained, as appropriate.
J.
Approval of the Town of Halfmoon for the water distribution
system when connected to a municipal source will be obtained.
K.
The area described is approximately 65.76 acres in
size, and is located on the west side of Route 9, southerly of Sitterly
Road.
L.
Before construction of Chris Abele Light Industrial
Park 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 and Town Board
approvals are required prior to construction on any lot.
M.
During the construction of Chris Abele Light Industrial
Park 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 plants or buildings.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or 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,[1] unless and until all approvals required by each and every
other government or governmental entity have been obtained. The architect
or engineer 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 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 water distribution system must and shall be
connected to public or municipal facilities.
Upon satisfactory completion in accordance with
the requirements of the appropriate local and state agencies, all
water distribution facilities including mains, valves, fittings, hydrants
and that portion of the service connection which lies within the limits
of dedicated roadways shall be offered to the Town of Halfmoon with
delivery to the Town of Halfmoon of duly executed deeds, easements,
title insurance and bills of sale, as appropriate and acceptable to
the Town Attorney, at no cost to the Town of Halfmoon, with title
insurance and documents as required by the Town Attorney.
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 with appropriate title
insurance and documents satisfactory to the Town Attorney together
with title insurance and documents as required by the Town Attorney.
Upon satisfactory completion and connection
in accordance with the requirements of the appropriate state agencies
of Saratoga County Sewer District, 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 and when 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, commencement
of the construction of Chris Abele 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 complete within four 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 one-year
period or the four-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 Chris Abele PDD be
set forth on a supplementary map 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, made by
the ABD Engineers and Surveyors, which is hereby made a part of this
local law as Exhibit B.[1]
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
[Added 4-7-1998 by L.L. No. 2-1998]
A.
This local law shall be known and may be cited as
Local Law No. 2 of 1998 amending and supplementing Local Law No. 6
of 1994 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. 6
of 1994 providing for the creation of a planned development district
known as "Chris Abele Planned Development District," as originally
shown on a preliminary map thereof, dated September 14, 1993, made
by ABD Engineers and Surveyors and as described in the annexed Exhibit
B.[1]
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
B.
Local Law No. 6 of 1994, entitled "Abele Planned Development
District," 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 Chris Abele Planned
Development District, described in Exhibit A annexed hereto, which
parcel of land shall be made a part of said planned development district
with no access, right-of-way, roadway, curb cut, etc. to New York
State Route 9, and creating coterminous with the boundaries of said
area, described in Exhibit A, and with the boundaries of the original
Chris Abele Planned Development District, known as "Chris Abele Planned
Development District," a new and supplementive planned development
district to be added to the existing planned development district,
all to be known and described as "Chris Abele Planned Development
District," encompassing the additional five-acre parcel shown on the
annexed Schedule A, all as shown on the annexed map, entitled "Lands
to Be Subdivided from Emerick and Combined With Abele PDD," dated
January 1998, made by ABD Engineers & Surveyors.
C.
Section 3 of Local Law No. 6 of 1994 is amended as
follows: The area comprising Abele Planned Development District, originally
consisting of approximately 7.75 acres in the Town of Halfmoon, bounded
and described as set forth on Exhibit B hereof, is amended to add
to the districts a 5+/- acre parcel described in Exhibit A to become
a part of the planned development districts, with all the same rights
and restrictions and subject to all the terms and conditions of the
original planned development district.
D.
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.
E.
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 2-19-2004 by L.L. No. 2-2004]
A.
Title. This local law shall be known and may be cited
as Local Law No. 2 of 2004, a local law amending Local Law No. 5 of
1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning
for the Town of Halfmoon," as previously amended and supplemented,
providing for the amendment to a planned development district known
as "Chris Abele Planned Development District," created by Local Law
No. 6 of 1994 and previously amended by Local Law No. 2 of 1998.
B.
Establishment of district. Local Law No. 5 of 1995
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 previously amended, be and the same hereby are amended to be known
and described as "Chris Abele Planned Development District."
C.
Boundaries. The area of said Chris Abele Planned Development
District is bounded and described as set forth in Exhibit A attached
hereto and made a part hereof and as shown on a certain site plan
map thereof prepared by ABD Engineers & Surveyors, dated April
2003, entitled "Concept Plan-Halfmoon Sports Complex, 6 Corporate
Drive, Capital Region Business Park." Paragraph 4 of said original
Planned Development District shall be amended to provide for an additional
lot, Lot 6 Corporate Drive.
D.
Development. In addition to the uses permitted under
the original planned development district, there may be developed
within the area of said amended Chris Abele Planned Development District,
within the new Lot 6 Corporate Drive, an approximately 76,000 square
feet of building including playing fields, fitness center, mini field,
concession, arcade area, pro-shop, locker rooms and administrative
offices. The project is proposing soccer, lacrosse and flag football
leagues. It would be available for numerous other fitness opportunities.
(1)
Off-street parking will be provided as shown on the
site plan and on an additional lot, which lot will be attached to
this approval and become a part thereof. In the event, in the future,
the Planning Board determines the additional lot is not necessary
for the proper use and occupancy of Lot 6, the Planning Board may
amend its original (and thereby this local law) to provide that the
lot is not necessary for parking for this use and may be separated
from this lot.
(2)
Potable water for the district shall be provided by
connection to municipal water.
(3)
Wastewater disposal will be provided by connection
to municipal sewer.
(4)
A stormwater management system, if required by the
Town Engineers, will be installed to minimize the impact of the project
on adjacent and downstream properties and shall meet applicable New
York State Department of Environmental Conservation and Town of Halfmoon
standards and shall be, at the sole option of the Town of Halfmoon,
dedicated to the Town, with appropriate title insurance, as-built
maps, etc., as acceptable to the Town Attorney.
(5)
Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses, and buffers shall be constructed from adjacent uses as
shown on the site plan.
E.
Construction regulations.
(1)
Before construction of the amended Chris Abele Planned
Development District is started or any building permit is issued relative
thereto, final site plans and specifications, sufficient for the site
plan review and engineering analysis, shall be submitted to and approved
by the Planning Board of the Town of Halfmoon and filed with the Town
Clerk of the Town of Halfmoon, and said approval is a condition precedent
to any construction. Further or additional buildings or facilities
shall require approval of the Planning Board in the same manner as
the initial site plan provisions.
(2)
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the 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)
The exact location, number and size of buildings,
recreation facilities, 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 and this
local law.
(4)
During construction of the Chris Abele Planned Development
District, there shall be constructed as set forth in general conformity
with the preliminary plans, as a part of the plans and specifications
to be approved by the Planning Board of the Town of Halfmoon, parking
areas and access drives providing sufficient parking and access for
all buildings per Town specifications.
(5)
All terms and conditions of the original planned development
district, insofar as they are not incorporated herein, are hereby
ratified and confirmed.
F.
Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review and must be approved by said Planning Board.
G.
Letter of credit.
(1)
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:
(a)
Return of the site to its original condition
after clearing and grading should this be deemed necessary by the
Planning Board;
(b)
The satisfactory completion of the utilities,
paving and other infrastructure for the project;
(c)
The satisfactory completion and maintenance
of landscaping on the project site.
(2)
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
H.
Zoning Map. Local Law No. 5 of 1995 is hereby amended
by providing that Chris Abele Planned Development District be set
forth on a supplementary map which is hereby made a part of this local
law as Exhibit B, dated April, 2003, the property set forth on such
map is the same real property described in the description annexed
hereto and marked Exhibit A said map having been made by ABD Engineers
& Surveyors dated April 2003, entitled "Concept Plan-Halfmoon
Sports Complex, 6 Corporate Drive, Capital Region Business Park."
I.
Revocation; regulations for construction completed
at time of revocation; waiver.
(1)
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(a)
Commencement of the construction of amended
Chris Abele Planned Development District has not begun within 12 months
from the effective date of this local law; or
(b)
Substantial progress is not being made without
undue interruption after construction has commenced.
(c)
Completion of the proposed planned development
is not completed within one year from the start of construction.
(2)
As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of this amendment, and as to said area and buildings, this
amending local law shall continue in full force and effect, and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
(3)
For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolutions, without first conducting a public
hearing thereon and extend the time for completion or construction
of additional facilities.
[Added 3-20-2007 by L.L. No. 3-2007]
A.
Title. This local law shall be known and may be cited
as Local Law No. 3 of 2007, a local law amending Local Law No. 5 of
1995 of the Town of Halfmoon entitled "Local Law Relating to Zoning
for the Town of Halfmoon," as previously amended and supplemented,
providing for the amendment to a planned development district known
as "Chris Abele Planned Development District," created by Local Law
No. 6 of 1994 and previously amended by Local Law No. 2 of 1998 and
Local Law No. 2 of 2004.
B.
Establishment of district. Local Law No. 5 of 1995
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 previously amended, be and the same hereby are amended to be known
and described as "Chris Abele Planned Development District."
C.
Boundaries. The area of said Chris Abele Planned Development
District is bounded and described as set forth in the previous local
laws regarding this site with the addition of the properties attached
hereto and made a part hereof as Exhibit A and further described as
Schedule A, and with the addition of the area shown on a certain site
plan map dated November 2006 entitled "Site Plan Subdivision Lot 3
Corporate Drive Capital Region Business Park," prepared by ABD Engineers
& Surveyors.[1]
[1]
Editor's Note: PDD maps and plans are on file
in the Town's offices.
D.
Development. In addition to the uses permitted under
the original planned development district, Lot 6 Corporate Drive may
be utilized as follows:
(1)
In addition to the uses approved by Local Law No.
2 of 2004, the property known as 6 Corporate Drive in the Chris Abele
Planned Development District (such property, including any additional
lands hereinafter incorporated into 6 Corporate Drive, the "property")
may host and contract for recreational, fraternal, business, corporate,
community and other events. In addition, the property may host and
contract for trade shows, expos, meetings and events in which private
vendors and businesses display goods and services which are available
for sale, rental or exhibition to other private businesses and the
general public as outlined below. Possible events to be hosted by
the property include, without limitation, those listed on Exhibit
B annexed hereto.
(2)
The permitted uses shall be limited as follows:
(a)
No events of any kind involving pornographic
or other lewd exhibits shall be allowed.
(b)
No rock or other musical concerts open to the
general public which are not merely ancillary to another event being
hosted at the site shall be allowed. This includes a complete prohibition
on any events for which tickets are being sold for the main purpose
of providing entertainment through a rock or other musical concert.
(c)
No circuses, defined as events with entertainment
via wild animals and/or trapeze artists and the like, shall be allowed.
(d)
No events involving professional wrestling and/or
professional fighting shall be allowed.
(e)
No events involving exhibits provided by extremist
groups, defined as groups promoting offensive hatred behavior, shall
be allowed.
(f)
No pyrotechnic events shall be allowed.
(3)
No more than 1,500 people shall be permitted in attendance
at any given time. The use of turnstiles to monitor and control occupancy
shall be required. A "large-scale event" shall mean a day on which
an event permitted by this amendment is reasonably anticipated to
have attendance at any given time in excess of the capacity of the
parking at the property, determined based on one parking space being
utilized for every two people within the peak anticipated attendance.
No large-scale event shall be conducted on Monday, Tuesday, Wednesday,
Thursday or before 5:00 p.m. Friday, but any event which is not a
large-scale event and the setup for a large scale event may be conducted
on any of such days.
(4)
If any event is reasonably anticipated to have more
than 500 people in attendance at any given time, parking attendants
and traffic control people will be provided by Sportsplex of Halfmoon,
Inc. and/or Halfmoon Sports, LLC and/or event coordinators for such
event on the affected days. Attendees will be directed to on-site
or off-site parking locations. Attendees will be instructed not to
park on Corporate Drive, Sitterly Road or Route 9. No charge for parking
shall be permitted.
(5)
The owner of the property shall cause installation
of sidewalks and a crosswalk between the parking on the north side
of Corporate Drive and the facility, consistent with applicable Town
standards. For large-scale events, temporary pedestrian warning signs
will be utilized on Corporate Drive to make motorists aware of the
pedestrian traffic crossing Corporate Drive.
(6)
The Town of Halfmoon shall have the right, during
the period ending two years after the effective date of this amendment,
to monitor traffic and parking patterns in connection with the additional
uses of the property which are permitted by this amendment. If the
Town of Halfmoon deems it required, Sportsplex of Halfmoon, Inc. and
Halfmoon Sports, LLC shall work with the Town in a mutual effort to
alleviate any traffic and parking logistical issues identified by
the Town in connection with the uses permitted under this amendment.
Sportsplex of Halfmoon, Inc. shall work with the Town to alleviate
any traffic and parking issues identified by the Town in connection
with the uses permitted under this amendment. The Town will review
the zoning change as permitted herein to determine if the expanded
uses remain viable at the site.
(7)
Sportsplex of Halfmoon, Inc. or its successor shall
provide a total of 250 hours of free facility use of the facility
to the Town of Halfmoon Recreation Department within five years of
the date that the applicant obtains a certificate of occupancy certifying
that the building has been modified as required for the proposed uses
or that appropriate variances have been granted so as to permit the
issuing of a certificate of occupancy. The time shall be utilized
by the Town of Halfmoon, its employees, agents or assigns and shall
be subject to availability, must be scheduled in advance and shall
be limited to uses permitted under the Chris Abele Planned Development
District.
(8)
The property in the Chris Abele Planned Development
District shall henceforth include the following parcels:
(10)
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The engineer and/or architect performing
the work herein described shall be employed by and at the sole expense
of the developer. The Planning Board shall not give approval as referred
to in said local law relating to zoning unless or until all approvals
required by each and every other government or governmental entity
have been obtained. All construction during the 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.
E.
Signs. All signs within the district shall comply
with the requirements established by the Planning Board during site
plan review and must be approved by said Planning Board.
F.
Letter of credit.
(1)
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:
(a)
Return of the site to its original condition
after clearing and grading should this be deemed necessary by the
Planning Board;
(b)
The satisfactory completion of the utilities,
paving and other infrastructure for the project;
(c)
The satisfactory completion and maintenance
of landscaping on the project site.
(2)
The bonds or letters of credit shall be filed for
the period of time to be determined by the Planning Board.
G.
Zoning Map. Local Law No. 5 of 1995 is hereby amended
by providing that the Chris Abele Planned Development District Map
having been made by ABD Engineers & Surveyors dated April 2003,
entitled "Concept Plan: Halfmoon Sports Complex, 6 Corporate Drive,
Capital Region Business Park," together with the additions as detailed
in the "Site Plan Subdivision Lot 3 Corporate Drive Capital Region
Business Park," dated November 2006.
H.
Revocation; regulations for construction completed
at time of revocation; waiver.
(1)
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(a)
Commencement of the construction of amended
Chris Abele Planned Development District has not begun within 12 months
from the effective date of this local law;
(b)
Substantial progress is not being made without
undue interruption after construction has commenced;
(c)
Completion of the proposed planned development
is not completed within one year from the start of construction.
(2)
As to the area within which a building or buildings
have been constructed pursuant to this local law, there shall be no
voiding of this amendment, and as to said area and buildings, this
amending local law shall continue in full force and effect, and the
areas zoned by this local law shall be the area within which said
building or buildings was or were constructed pursuant to this amended
local law plus an additional area of 50 feet of open space beyond
the outside boundaries of each building constructed.
(3)
For proper cause shown, the Town Board may, under
such terms and conditions as it deems proper, waive either or both
of said requirements by resolutions, without first conducting a public
hearing thereon and extend the time for completion or construction
of additional facilities.
