[Added 9-3-1996 by L.L. No. 4-1996]
This local law shall be known and may be cited
as Local Law No. 4 of 1996, 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 creation of a planned development district known
as "Parcland Estates Planned Development 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, be and the same hereby
are amended by adding thereto a residential planned development district
known and described as "Parcland Estates Planned Development District."
The area of said Parcland Estates 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 Ivan Zdrahal Associates, dated July 12, 1996,
entitled "Preliminary Development Plan Proposed Parcland Estates Planned
Development District."
There shall be developed within the area of
said Parcland Estates Planned Development District a total of an addition
of 96 apartment units within 11.62 acres, with ancillary structures,
facilities, roads or streets as follows:
A. Off-street parking will be provided with a minimum
of two spaces per unit.
B. Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Cemetery Road.
C. Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 6 at the applicant's
sole cost. Approval of the water distribution system shall be obtained
by the applicant from the Town of Halfmoon and the New York State
Department of Health together with an out-of-district user agreement.
D. Wastewater disposal will be provided by connection
to the Saratoga County Sewer District No. 1. Plans for the collection
system must be approved by Saratoga County Sewer District No. 1 and
the New York State Department of Health. The cost of such connection
shall be borne by the applicant.
E. A stormwater management system 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.
F. Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses on Cemetery Road and adjacent properties.
A. Before construction of the Parcland Estates 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.
B. 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.
C. The exact location, number and size of buildings,
buffers, fencing, roadways, 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.
D. During construction of the Parcland Estates 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.
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 lie outside the limits of dedicated
roadways shall be offered to the Town of Halfmoon with delivery to
the Town of Halfmoon of duly executed deeds, title insurance, easements
and bills of sale as appropriate 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,
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, together with
title insurance and documents as required by the Town.
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, together with title
insurance and documents as required by the Town.
In the event the Town of Halfmoon chooses to
create a stormwater retention or detention tax district or stormwater
management tax district or the equivalent, it is the intent that the
stormwater management areas created as a part of this planned development
district will be dedicated to and become a part of that tax district
to be serviced and paid for pursuant to the legislation adopted therefor
by the development serviced by said areas, for the development area.
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.
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 utilities, paving
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.
Local Law No. 5 of 1995 is hereby amended by
providing that Parcland Estates 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 12, 1996; the property set forth on
such map is the same real property described in the description annexed
hereto and marked Exhibit A made by Clough Harbour Associates in May
of 1995.
A. This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
(1) Commencement of the construction of amended Parcland
Estates Planned Development District has not begun within 12 months
from the effective date of this local law;
(2) Substantial progress is not being made without undue
interruption after construction has commenced;
(3) Completion of the proposed planned development is
not completed within three years from the start of construction.
B. 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.
C. 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 resolution, without first conducting a public
hearing thereon.
[Added 9-2-1997 by L.L. No. 5-1997]
A. Title. This local law shall be known and may be cited
as Local Law No. 5 of 1997, 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 creation of a planned development district known
as "Parcland Estates Planned Development District."
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 by creating
the residential planned development district known and described as
"Parcland Estates Planned Development District."
C. Boundaries. The area of said Parcland Estates 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 CCS Design Landscape Architects,
entitled "Proposed Site Plan for Parcland Estates PDD, Cemetery Road,
Town of Halfmoon, N.Y.," dated July 21, 1997.
D. Development. There shall be developed within the area
of said Parcland Estates Planned Development District a total of an
addition of 11 eight-unit apartment buildings, within 20.08 acres,
with ancillary structures, facilities, roads or streets as follows:
(1) Private off-street parking will be provided with a
minimum of two spaces per unit; 1 1/2 spaces to be provided immediately.
Additional parking to be provided at the insistence of and the sole
discretion of the Code Enforcement Officer of the Town of Halfmoon.
(2) Privately owned and maintained access roads, as shown
on the preliminary map on file with the Town Clerk, shall be constructed
from Cemetery Road.
(3) Potable water for the district shall be provided by
connection with the Town of Halfmoon Water District No. 6 at the applicant's
sole cost. Approval of the water distribution system shall be obtained
by the applicant from the Town of Halfmoon and the New York State
Department of Health.
(4) Wastewater disposal will be provided by connection
to the Saratoga County Sewer District No. 1. Plans for the collection
system must be approved by Saratoga County Sewer District No. 1 and
the New York State Department of Health. The cost of such connection
shall be borne by the applicant.
(5) A privately owned and maintained stormwater management
system 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.
(6) Existing vegetation shall be maintained to the maximum
extent possible to fully buffer views into the site from adjacent
lands uses on Cemetery Road and adjacent properties.
E. Construction regulations.
(1) Before construction of the Parcland Estates 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.
(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,
buffers, fencing, roadways, 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 Parcland Estates 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.
F. Water distribution facilities; dedication. 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 lie outside the limits of dedicated roadways shall be offered
to the Town of Halfmoon with delivery to the Town of Halfmoon of duly
executed deeds, title insurance, easements and bills of sale, as appropriate,
at no cost to the Town of Halfmoon with title insurance and documents
as required by the Town Attorney and shall be at the Town's sole discretion.
G. Water distribution facilities; easements. 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.
H. Sewage facilities; dedication. Upon satisfactory completion
and connection in accordance with the requirements of the appropriate
state agencies, 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.
I. Stormwater management facilities; dedication. 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 together with title insurance
and documents as required by the Town.
J. Stormwater management facilities; easements. 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 together with title insurance and documents as required
by the Town.
K. Stormwater retention/detention tax district. In the
event the Town of Halfmoon chooses to create a stormwater retention
or detention tax district or stormwater management tax district or
the equivalent, it is the intent that the stormwater management areas
created as a part of this planned development district will be dedicated
to and become a part of that tax district to be serviced and paid
for pursuant to the legislation adopted therefor by the development
serviced by said areas, for the development area.
L. 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.
M. 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.
N. Zoning Map. Local Law No. 5 of 1995 is hereby amended
by providing that Parcland Estates 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 12, 1996; the property set forth
on such map is the same real property described in the description
annexed hereto and marked Exhibit A made by CCS Design- Landscape
Architect, dated July 21, 1997.
O. 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
Parcland Estates 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 three years 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 resolution, without first conducting a public
hearing thereon.
[Added 8-3-2016 by L.L.
No. 6-2016]
A. This local law shall be known and may be cited as Local Law No. 6
of 2016, 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 of a planned development district currently known as "Parcland
Estates Planned Development District" to include a name change to
now be known as "Carol Jean Estates Planned Development District."
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 by amending the residential planned
development district currently known and described as "Parcland Estates
Planned Development District." To include a name change to now be
known as "Carol Jean Estates Planned Development District."
C. Boundaries. The area of said "Carol Jean Estates 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 Lansing Engineering, dated May 12, 2016, entitled
"Carol Jean Estates-Expansion" with final plans dated August 23, 2016.
D. Development. There shall be developed within the area of said Carol
Jean Estates Planned Development District an additional eight-unit
building to be added to the existing 12 buildings at Carol Jean Apartments
on a .6 acre parcel being added to the apartment complex and shall
continue Cranberry Estates on the east side of Cemetery Road with
no changes (11 buildings with eight units each). An additional 14
parking spaces shall also be added to the Carol Jean Apartments as
detailed on the plans described above together with ancillary structures,
facilities, roads or streets as follows:
(1)
Private off-street parking will be provided with a minimum of
two spaces per unit; 1 1/2 spaces to be provided immediately.
Additional parking to be provided at the insistence of and the sole
discretion of the Code Enforcement Officer of the Town of Halfmoon.
(2)
Privately owned and maintained access roads, as shown on the
final map on file with the Town Clerk, shall be constructed from Cemetery
Road.
(3)
Potable water for the district shall be provided by connection
with the Town of Halfmoon Water District No. 6 at the applicant's
sole cost. Approval of the water distribution system shall be obtained
by the applicant from the Town of Halfmoon and the New York State
Department of Health.
(4)
Wastewater disposal will be provided by connection to the Saratoga
County Sewer District No. 1. Plans for the collection system must
be approved by Saratoga County Sewer District No. 1 and the New York
State Department of Health. The cost of such connection shall be borne
by the applicant.
(5)
A privately owned and maintained stormwater management system
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.
(6)
Existing vegetation shall be maintained to the maximum extent
possible to fully buffer views into the site from adjacent lands uses
on Cemetery Road and adjacent properties.
E. Construction regulations.
(1)
Before construction of the additional building in the Carol
Jean Estates 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.
(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, buffers, fencing,
roadways, 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 final plan and this local law.
(4)
During construction of the Carol Jean Estates 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.
F. Water distribution facilities; dedication. 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 lie outside
the limits of dedicated roadways shall be offered to the Town of Halfmoon
with delivery to the Town of Halfmoon of duly executed deeds, title
insurance, easements and bills of sale, as appropriate, at no cost
to the Town of Halfmoon with title insurance and documents as required
by the Town Attorney, and shall be at the Town's sole discretion.
G. Water distribution facilities; easements. 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.
H. Sewage facilities; dedication. Upon satisfactory completion and connection
in accordance with the requirements of the appropriate state agencies,
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.
I. Stormwater management facilities; dedication. 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 together with title insurance and documents as required
by the Town.
J. Stormwater management facilities; easements. 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
together with title insurance and documents as required by the Town.
K. Stormwater retention/detention tax district. In the event the Town
of Halfmoon chooses to create a stormwater retention or detention
tax district or stormwater management tax district or the equivalent,
it is the intent that the stormwater management areas created as a
part of this planned development district will be dedicated to and
become a part of that tax district to be serviced and paid for pursuant
to the legislation adopted therefor by the development serviced by
said areas, for the development area.
L. 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.
M. 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.
N. 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 Carol Jean Estates
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 three years 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 resolution, without first conducting a public hearing thereon.