3.06 S�
3.6
ZONING\Indian Ridge PUD Changes to Planning Board—9-27-2021
RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT
DEPARTMENT TO SUBMIT PROPOSED CHANGE TO INDIAN RIDGE
PLANNED UNIT DEVELOPMENT TO QUEENSBURY PLANNING
BOARD AND DECLARING INTENT TO SEEK
SEQRA LEAD AGENCY STATUS
RESOLUTION NO.: ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
e
WHEREAS, by Resolution No.: 357,1996 the Queensbury Town Board (Town Board)
approved the Indian Ridge Planned Unit Development (PUD) subject to execution of a PUD
Agreement between the Town and the Developers, and
WHEREAS, by Resolution No.: 97,2000 the Town Board approved the PUD Agreement
and authorized the Town Supervisor to execute same Agreement,and
WHEREAS,the PUD Agreement between the Town and Developers was executed on April
12, 2000, and
WHEREAS, the owner of Tax Map Parcel No.: 295.20-1-4.2 has requested an amendment
to the PUD Agreement and Master Plan for the Indian Ridge PUD to reflect a change of permitted
use designation from commercial services to single family residential;and
WHEREAS,the Town Board desires to make such changes to the Indian Ridge PUD, and
WHEREAS, changes to PUDs are subject to the requirements of Queensbury Town Code
s
Chapter 179, Article 12, and
WHEREAS, changes to PUDs may be forwarded to the Town Planning Board for
recommendations in accordance with Chapter 179,Article 12 of the Queensbury Town Code, and
WHEREAS, following such recommendations, the Queensbury Town Board will review
the application and take such other action as it shall deem necessary and proper, and
WHEREAS, prior to making a decision about whether to approve the PUD change, it is
necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQRA), for potential environmental effects,and
WHEREAS, the Town Board desires to conduct any necessary SEQRA review and evaluate
the potential environmental impacts for the proposed change to the PUD Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Community Development Department to forward the proposed change to the Indian Ridge PUD to
the Queensbury Planning Board for review,report and recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby declares their intent to act as Lead Agency for
any needed SEQRA review of this project, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
any necessary documents and the Town's Department of Community Development to notify;if and
when appropriate, any other Involved Agencies of the Town Board's intent to serve as Lead Agency
for SEQRA Review of the project and the Town Supervisor, Town Clerk and/or Department of
Community Development to take any other necessary actions to effectuate the terms of this
Resolution.
Duly adopted this 27`"day of September, 2021 by the following vote:
AYES:
NOES:
ABSENT:
LOCAL LAWS&ORDINANCES 1 Indian Ridge PUD—Change—October 2021
LOCAL LAW NO.: OF 2021
A LOCAL LAW TO AMEND THE INDIAN RIDGE PLANNED
UNIT DEVELOPMENT TO CHANGE ZONING
OF CERTAIN PROPERTY FROM COMMUNITY SERVICE
TO SINGLE FAMILY RESIDENTIAL
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS:
Section 1. Intent; Authority — The Town Board seeks to change the permitted use
designation of one (1) parcel of land in the Indian Ridge Planned Unit Development (PUD) from
commercial services to single family residential. This Local Law is adopted in accordance with
the New York State Municipal Home Rule Law.
Section 2. Amendment of Indian Ridge PUD Zoning and Agreement The Indian
Ridge Planned Unit Development Agreement (PUD Agreement) approved by Town Board
Resolution 97,2000 is hereby amended as follows:
A. One (1) parcel of property on the northeast corner of Farr Lane and Farr Lane
East bearing Tax Map Parcel number 295.20-1.42 and shown on the Indian
Ridge Phase I layout map is changed to reflect a permitted use designation from
commercial services to single family residential.
B. Section 1(a) of the PUD Agreement is amended to read:
Note: Language in bold italics is new language to be added;
Language with tine draw th.-ot g is old language to be deleted.
1
Density — The build-out of the PUD is limited to a maximum of(i) seventy-
fie (75) seventy-seven (77) single family homes, (ii) a single one ('` .,
par-eel, ,,bdiyidable into P is � 1, f
oTc�iv�acccr,T ccrs�-r-iicicirrcacnzorase-as--�i
eemmunity serviee eenter-gas—set-forth betew, an (iii) 10 acreas for use as
senior citizen housing, general recreational purposes and/or educational
(library) purposes (hereinafter"senior citizen parcel").
C. Section 1(c) of the PUD Agreement is amended to read:
Permissible Areas of Development — The permissible areas of development
are those shown on the attached revised Master Plan depicting the areas for 75
77 single family lots and senior housing and a eemmunit3, ^enter The parties
acknowledge that the configuration of the lots and the road system may be the
subject of revision by Owners upon site plan approval, provided however, the
final site plan shall, at a minimum, depict the following: (i) no more than 75
77 single family homes, each of which shall not be less than four tenths (A) of
an acre, (ii) a ten (10) acre senior citizen parcels to be located generally on the
southern half of the Project, (iii) one "` e ient as nit,
se—ee eenter(s), v) an access road to the lands of the Queensbury Union
Free School District in the area depicted on the attached map and (-) (iv) an
access/recreational parcel connecting the subdivision with the land
conservation parcel as depicted on the attached map.
D. Section 6(a) of the PUD Agreement is amended to read:
a. No. of Lots/Size
Note: Language in bold italics is new language to be added;
Language with line draw t r^ug is old language to be deleted.
2
i. SINGLE FAMILY LOTS:
-Maximum build-out- 77 lots.
-Minimum size shall be .4 acres.
ii. LIMITED COMMERCIAL LOTS
-Maxi.,,,,.,, build out 2 lots.
Minimum ea—40 aere.
i-ii ii. SENIOR CITIZEN PARCEL:
-Maximum housing build-out -61 units.
-Area shall not exceed 10 acres.
-Area may include recreational, educational (library) and related
uses.
E. Section 6(d) of the PUD Agreement is amended to delete the references to
commercial setbacks contained in subparagraph 6(d)(c).
F. Section 7(b) is deleted in its entirety.
Zoning Map of the Tevffi of Queensbuq and supersedes the previeusly adopted Tewn Zoning Map,
Note: Language irj bold italics is new language to be added;
Language with line a...,...., through is old language to be deleted.
3
Section 4 Section 3. Severability — The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part
thereof.
Ction 5 Section 4. Repealer—All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section Section S. Effective Date—This Local Law shall take effect upon filing by the
office of the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language with line drawn thfough is old language to be deleted.
4
RESOLUTION AUTHORIZING INDIAN RIDGE PLANNED UNIT
DEVELOPMENT AGREEMENT
RESOLUTION NO.: 97,2000
INTRODUCED BY: Mr.Tim Brewer.
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.James Martin
WHEREAS, by Resolution No.: 357,96 the Queensbury Town Board approved the Indian
Ridge Planned Unit Development (PUD) subject to execution of a Planned Unit Development
Agreement by the Town and J. Buckley Bryan, Jr. and Thomas J. Farone& Son, Inc., (Developers),
and
WHEREAS, the Town and Developers have reached agreement on the terms of the PUD
Agreement, and
WHEREAS, a copy of the proposed PUD Agreement has been presented at this meeting and is
in form approved by Town Counsel,
NOW, THEREFORE,BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Indian
Ridge Planned Unit Development Agreement between the Town and J. Buckley Bryan, Jr. and
Thomas J. Farone&Son, Inc., as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs
the Town Supervisor to execute the Agreement and take such other and further action necessary to
effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and consents to the Preliminary Site Plan
Approval that it is consistent with the Sketch Plan as approved by the Town Board on August 80i,
1996 as required by Town Code Section 179-58 (D).
Duly adopted this 28 h day of February, 2000, by the following vote:
AYES Mr. Stec,Mr. Brewer,Mr. Martin,Mr. Brower
NOES Mr. Turner
ABSENT: None
2
WARREN COUNTY CLERK
RECORDING COVER SHEET
EMP. INITIALS _ INSTRUMENT t J 7J ! M
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— ADDTL. FEE TOWN GCQ_� 3
4.ADDTL. NAMES
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TRANSFER TAX AMT. $ * MORTGAGE AMT. $
Y%�: * MORTGAGE TAX
TRANSFER TAX STAR * MORTGAGE TAX STAMP
*
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Please fill in blanks below before submitting for recording.
PARTY OF THE FIRST PART W 0 2 2 Y(S
PARTY OF THE SECOND PART Lt C e l 1 t om
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RECORDED BY: l e J011 eS ./i`r'rrr
RETURN TO: rr /
RECORDING STAMP
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Upon recording, this page becomes a part of .the /
document ($3.00) /
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O GINA- a
r
C7
f.r
I NT DIAN RIDGE PLANNED
an
r<
UNIT DEVELOPMENT
AGP,EEMENT
AND
]�ETWEE�T
THE TOWN OF QUEENSIBUR'Y
AND
J. ]BUCKLEY ]BaYAN, Jn-
AND
THOMAS J. FAaO-i--TE & SON, INC.
DATED: z- , 2000
PREPARED BY-
THE.ZONES FIRM
68 WEST AVENUE
P.O. BOX 4400
SARATOGA SPRINGS, NEwYORK 12866
(518) 587-0080
TABLE OF CONTENTS
DENSITY AND BUILD-OUT . .. ... .. .. . .. . . .... .. ... . .. . . . .. . . .. . ... .. . . . . . . .. 1
Density . .. .. . . . . . . . .. . .. .. . ...... . . . . ..---:.. . ...... .. .. . . . . . .. . .. . . ._ . . 1
Limitation of Areas of Development .. . . . . .... . .............. . . . ... . .. . .. . . . 1-
Permissible Areas of Development . . . . ...... ..... ......... ..... .... .... .. . .2
J
VEHICLES . . . . . .. . . . . . . . . . . . . . . . .. .. ... . . .. .. .. .... ........... ......... . . . ..2
TRANSPORTATION SYSTEM . . . . .... . . . . . .... .... .. . . . . .... .... . . .. .... . .. .2
r9
TOWN WATER SYSTEM . . . ... .. ... . . . . . . . . . .. . . . . ... ... . .. .. ... . .. . . . . . . . . . .3
PRIOR APPROVALS . . . . . . . .. . .. . .. ... . . .. . .. . . . . ...... . . .. .. ... .... .. . . .. . . . 3
DEVELOPMENT STANDARDS . . . . ... . . . . . . . ... . . .. ...... . . . . . . . . .. . ....... . . . .3
SINGLE FAMILY LOTS . . . . ... . . . . . . . . . . . .. . .. ..... ... .... . . ... . . . . . . .. .3
LR IITED COMMERCIAL LOTS . . . . . . . ... . .. . ... .... . . . . . . . . . . . . .. . . ... 4•
SENIOR CITIZEN PARCEL . . . .. . . . . . . . .. .. . . . ... . ..... . .. . ... . .. .. . . .. .4
PERMITTED PRINCIPAL USES . . . . . . . . . . . . .... . .. ... . . .... .. . ... . . .. . .. . . . .. .5
AREA FOR SENIOR CITIZEN PARCEL- OPTION TO TOWN OF QUEENSBURY ..7
RECREATION FEES . . . . . . . ... . . . .. .. . . . . . . . . . . .. . ... . .. ........ . . ... .. ... ...7
EROSION CONTROL . . . . . . .. . . . . . ._. . . . . . . . . . . . . .... . . ..... . . .. . . . . ... . . .--..7
STORMWATER IMANAGEMENT. . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. .. . . . . . . . . .. . . . 8
INGRESS/EGRESS EASEMENT .. . . . .. . . . . . . . . . . .. .... . . ... .. . . . ... ... .... . ... . . 8
REMEDY ON BREACH . . . . . . . ... . . .. . . . . . . . . .... .. ... ... ... ... .. .. . . . . . ... ... 8
RUN WITH THE LAND. . . . . . ... . . . . . . . . . . . . .. . . . . .. .... .... .. ..... .. .. . . ..... 8
SURVIVORSHIP OF VALIDITY . . . . . . . . . . . . . . • .... . ... .. . .... . . . . .. . . ... .. ... . 9"
THIS AGREEMENT,made thisg�-hday of April 2000, among the TOWN OF
QUEENSBURY, a municipal corporation with offices located at 742•Bay Road, Queensbury,
New York, 12804 (hereinafter referred to as "Queensbury'�; J.BUCKLEY BRYAN, JR.,
residing at Box 240,Bolton Landing,New York 12814 and THOMAS J.FARONE &SON,
INC., having its principal office at 804 Route 9, Gansevoort,New York 12831, (hereinafter Fy
referred to as the"Owners'.
CT
WITNESSETH:
rn
WHEREAS, the Owners are the title holders to parcels of land within the Town of
Queensbury comprising the Indian Ridge development under an application for a Planned Unit
Development District("PUD'% and
WHEREAS, Queensbury has approved the rezoning of Owners'parcels conditioned upon
execution of a Planned Unit Development agreement, and
WHEREAS, the parties have reached agreement on the terms of their agreement for the
development of the Indian Ridge PUD and they desire to memorialize such agreement in a
signed writing,
NOW,THEREFORE, the parties agree as follows:
1. DENSITY AND BUILD-OUT. The density and build-out of the PUD is generally
depicted on the attached,Master Plan dated July 12, 1999, and prepared by Miller Associates
Landscape Architect, attached hereto and made a part of this Agreement. The plan is subject to
modification by the Owners and the Queensbury Planning Board during the site plan review
process, subject to the following limitations:
a.• Densitv-The build-out of the PUD is limited to a maximum of(i)
seventy-five (75) single family homes, (ii)a single one (1) acre parcel,
subdivideable into two parcels of at least.4 acres each for use as a
community service center as set forth below.and(iii)ten(10) acres for use
as senior citizen housing, general recreational purposes and/or educational
(library) purposes (hereinafter"senior citizen parcel'.
b. Limitation of Areas of Development-Owners may not undertake
D.,\MyFiles\FARONE1nNDIANRNndian ridge pud aeecrmnt 3.30.00 revised.wpd
Last Revised:February 25,2000
construction within the areas depicted as "Land Conservation" (below top
of bank 47.9 acres and above top of bank 21.7 acres). Owners agree to
convey the area depicted as Land Conservation(totaling approximately 70
acres) to the Town of Queensbury simultaneously with the commencement
of construction to Phase I of their project. The Town of Queensbury
agrees that the land will be conveyed and accepted with a restrictive
covenant limiting the use of the land to passive recreation and parkland,
allowing for activities such as walking, non-motorized bicycles, cross-
country running and cross-country skiing, except in the"no-cut area" (as
defined below) wherein no such activities may take place. The
conveyance will be subject to a.further restrictive covenant providing for a
"no-cut"setback easement which will prohibit the cutting or removal of
any mature tree within an area of one hundred fifty feet(150')within the
lands to be conveyed, measured from and running parallel to the
C northwesterly boundary line of lots 24 through 40 as shown on the
attached map. For purposes of this Agreement, the term"mature tree"
shall mean any tree which measures Y' caliber at a height of 3'above
grade.
c_ Permissible Areas of Development- The permissible areas of development
are those shown on the attached Master Plan depicting the areas for 75
single family lots, senior housing and a community center. The parties
acknowledge that the configuration of the lots and the road system may be
the subject of revision by Owners upon site plan approval, provided
however, the final site plan shall, at a minimum, depict the following: (i)
no more than 75 single family homes, each of which shall be not less than
four tenths (A) of an acre, (ii) a ten (10) acre senior citizen parcel to be
located generally on the southern half of the Project, (iii) one(1) acre for
development as a community service center(s), (iv) an access road to the
lands of the Queensbury Union Free School District in the area depicted
on the attached map.and(v) an access/recreational parcel connecting the
subdivision with the land conservation parcel as depicted on the attached
map.
2. VEHICLES. All vehicles utilized in the construction of roads,housing units, and
commercial areas shall be kept in good repair so as to reduce impacts associated with noise and
odor.
3. _TRANSPORTATION SYSTEM. Roads in and servicing the PUD shall conform to
the following requirements:
D:WyFtleslFARONEk[NDiANRb\indian ridge pud agreement 3.30.00 revised.wpd
Last Revised:February 25.2000
2
a. To the extent the final proposed access-way by Farr Lane requires an
abandonment of a portion of existing Farr Lane, such abandonment shall
be accomplished subject to Towzt Highway Superintendent approval.
b. Design of any access and loop roads shall conform to the following design
criteria:
a. Minimum road centerline radius shall be 250 feet for the interior a
loop road. ,
b. Road intersection shall be at angles from 70' to 90°. When
practical, intersection tangents of at least 100 feet shall be 22
maintained from the pavement edge of intersecting streets. m
G-W
U
C. Cross-sections of road constriction shall comply with the
standards required by the Town Highway Superintendent,
including paved wing swales for drainage.
4. TOWN WATER SYSTEM. Owner shall install as required in the standards set forth by
the Town Water/Wastewater Department an.extension to the Town water system to adequately
supply water to all of the dwelling units of the proposed project. This extension shall also
include provision of fire hydrants as required by the Town Water/Wastewater Department.
Dedication of the water system improvements shall be made to the Town at the time of
dedication of the road servicing the project.
5. PRIOR APPROVALS. Approval of the PUD shall be deemed a modification of
any approval granted for lands of Owner prior to the commencement of the application for the
within PUD in 1995-96, and shall be deemed an abandonment by Owner of said prior approvals
granted to the Owner prior to this PUD application.
6. DEVELOPMENT STANDARDS. The lots u-ithin Indian Ridge shall be held to the
following development standards:
a. No. of Lots/Size
i. SINGLE FAMILY LOTS:
-Maximum build-out- 75 lots.
-Minimum size shall be _4 acres.
D:1MyFi[esLFARONED4DIANRI\indian ridge pud agreement 3.30.00 revised.wpd
Last Revised:February 25,2000
3
ii LRvf= COMMERCIAL LOTS
(depicted on attached map 1 acre):
Maximum build-out-2 lots.
-Minimum area- .40 acre.
iii. SENIOR CITIZEN PARCEL:
Maximum housing build-out-61 units-
-Area shall not exceed 10 acres.
-Area may include recreational, educational(library) and related
uses.
CP
b_ Minimum frontage on public roads; forty(40) feet.
O'9
W
m c_ Minimum lot width at building front-line: Seventy(70) feet.
P
W.j C d_ Minimum yard setbacks:
a. Residential:
Front: Thirty(30) feet
Side: The sum of the side yards sball be a minimum of
thirty(30) feet,with a ten(10) foot minimum.,with
typical lot layout.
b. Rear: Twenty (20) feet
Pool setback: Twenty (20) feet
C. Commercial.:
Front: Thirty(30)feet
Side: Fifteen (15) feet
Rear. Twenty(20) feet
e. Minimum permeable area of lot(%), residential and commercial-
Residential: Thirty Percent(30%)
Commercial: Thirty Percent(30%)
f. Maximum building height,residential and commercial:
Single Family Residential: Forty (40) feet
Senior Citizen Parcel: Forty(40) feet
Commercial: Forty(40) feet
D-.\MyFlcs\FARONEIIND[ANRMndian ridge pud agmvrr=t 330.00 revised.wpd
cast Ra sed:Febn y 25,2000
4
7. PERMITTED PRINCIPAL USES.
2- Single Family Lots:
-Permitted principal use: o
i. Occupancy of one (1) dwelling by a family
r•
ti
-Permitted principal structures:
i. Single Family Dwelling
M
-Permitted accessory uses:
i. Storage of vehicles,boats and other items associated with the principal
use of a single family dwelling
ii. Private recreation activities including but not limited to swimming,
tennis, etc.
iii. Home Occupation(_subject to applicable restrictions of the Queensbury
Planning Board pursuant to the Queensbury Zoning Code.
-Permitted accessory structures:
i. Private Garage.
ii. Storage Shed up to one-hundred twenty(120)square feet.
iii_ Swimming pool.
iv. Private Greenhouse up to one-hundred twenty(M) square feet.
v. Private Recreation Facilities.
b. Limited Commercial Lots:
-Uses allowed upon site plan approval by the Town Planning Board:
i. Care and/or instruction for four(4) or more persons.
I Performance of professional occupation.
iii. Treatment of illness, disease, injury, etc.,including rehabilitation
activities.
D:1MyF1cs1FARONEIINDIANRIIindian ridge pud am=rnent 3.30.00 revised-wpd
Last Rtvised_Fdxvary 25,2000
5
iv. Community center or retail business.
-Structures allowed upon site plan approval by the Town Planning Board:
L Day Care Center.
I Professional Office Building.
iu. Health Related Facility.
iv. Community center.
v. Business oriented building.
-Permitted Accessory Uses:
i. Storage of articles related to approved principal uses(less than 200 sq.
ii. Parking of vehicles related to an approved principal use.
A3
iii. Exterior advertisement of approved principal use.
-Permitted Accessory Structures:
i. Storage Shed.
ii. P arldng Area.
ui. One wall sign up to thirty-two (32) square feet in area and one free-
standing sign up to fifty (50) square feet in area.
C. 10 Acre Senior Parcel:
Uses allowed upon site plan approval by the Town Planning Board:
i. Occupancy of multiple dwelling buildings by senior citizens.
ii. Recreational or educational uses.
-Structures allowed upon site plan approval by the Town Planning Board:
i. Senior citizen multiple dwellings.
I Recreational buildings,playground or park land structures,
DAMyFiIcs\FARONEUNDLANMndian ridge pud agreement 3.30.00 revised.wpd
Last Revised:February Z5,2000
6
libraries or public technology centers.
8. AREA FOR SENIOR CITIZEN PARCEL - OPTION TO TOWN OF OUEENSBURY
Owners by these presents grant unto the Town of Queensbury an option to purchase the
ten (10) acre parcel which shall appear on the final site plan approved by the Planning Board for
a period of eighteen(18) months measured from the date of approval of this Agreement by
Resolution of the Town Board. The purchase price is One Hundred-Ninety Thousand and no/100
Dollars (S 190,000.00)due and payable as follows:
:M
a. S 10,000.00 deposit shall accompany the exercise of the option;
b. $180,000.00 at closing.
The closing shall occur at a mutually agreeable time not later than six(6)months from
the date of exercise of the option. The conveyance will be by warranty deed from the Owners,
subject to the existing conditions and restrictions of record, including this Development C.3
Agreement.
9. RECREATION FEES
The Owners shall gay a recreation fee pursuant to the Town Code in an amount equal to
S500.00 for each approved single family lot to the Town of Queensbury.Timing of the payment
of the recreation fee associated with the single family lots shall be in accordance with Section
124.8C of the Queensbury Town Code, as amended_
10. STAGES/PHASES. The implementation of this project may be divided into a
maximum of four(4) stages/phases, as may be shown on the final plans submitted and approved
by the Planning Board. The Planning Board and the Owners shall, during site plan review,
determine the number of lots to be developed with each stage/phase. Except for the 10 acre area
for the Senior.Citizen Parcel stage/phase, the other four stage/phases will progress in numerical
order, with Owner being entitled to progress from one stage/phase to the next upon obtaining
necessary approvals and obtaining Building Permits for 60% of the units in the prior stage/phase.
For good cause shown, the foregoing restriction shall be waiveable by the Planning Board. In
addition, the Planning Board may consider and approve more than one stage/phase at a time
when reviewing for preliminary and/or final PUD site plan.
11. EROSION CONTROL. The Planned Unit Development shall be constructed in
accordance with measures as described in Section A183-26 of the Town Code and the "MY.S.
Guidelines for Urban Erosion and Sediment Control" throughout all phases of road,residential
and/or commercial construction.
DAMyFiles\FARO`1EU\"DIANRAindian ridge pud agreen=t 330.00 reviscd.wpd
Last Revised:February 23.2000
7
12. STORMWATER MANAGEMENT. Stormwater management will be depicted by
Owners' engineers on the final site plan. There shall be no direct surface water discharge from
structures or roadways into designated wetland areas. The Planned Unit Development shall be
designed and constructed in accordance with Stormwater Management Regulations in Section
Al83-27 of the Town Code and pursuant to site plan review by Planning Board.
13. ACCESS ROAD. Prior to the issuance of the 15'building permit in Phase III of the
PUD, Owners shall convey to the Queensbury Union Free School District a 30' wide strip of land
located between lots eight(8) and nine (9) on the attached map and r n=-thence along the
lands of the School District to its Main Access Road,pursuant to an agreement with the Owners
and the School District dated ,2000. As set forth in that agreement and consistent
with the terms thereof, Owners have agreed, among other things, that at the time of the
mconveyance of the Access Parcel to the School District, Owners shall have(i) constructed a 14'
wide paved(asphalt) road running through the strip, (ii) installed breakaway gates at each end of
the parcel, (iii) installed lighting for the parcel and (iv) constructed a 6' wide concrete sidewalk
�p on the lands of the School District. The conveyance will contain restrictions limiting the use of
this parcel to pedestrian,non-motorized bicycle and emergency vehicular traffic and it will
contain provisions allowing the School District to seek a modification of the aforesaid
restrictions for part of the Access Parcel.
14. INGRESS/EGRESS EASEMENT. Consistent with the Master Plan dated July 12,
1999, referenced in paragraph 1 of this Agreement, Owners shall,prior to submission of their
application for final site plan approval in Phase H, convey to the Town of Queensbury an
easement for the purposes of ingress and egress in the parcel between lots 31 and 32 as depicted
on the Master Plan. The purpose of the easement will be to allow pedestrian and non-motorized
bicycle traffic to travel from the road system within the subdivision to the Land Conservation
Area to be conveyed to the Town.
15. REyIEDY ON BREACH It is understood by and between the parries that the Town
Board of the Town of Queensbury has made a SEQRA determination and will make Iegislative
decisions based upon representations made by the Owners that the Indian Ridge Planned Unit
Development shall be constructed and land dedications shall be made in accordance with the
agreements set forth herein. It is hereby agreed and understood that if the Owners are found to
be in breach of this Agreement, then the Town may apply to the Supreme Court of the State of
New York for mandatory injunctive relief, specific performance, and/or damages as may be
appropriate to cause the Indian Ridge PUD to be in conformity with the agreements made herein.
16. RUN WITH THE LAND. This Agreement shall be binding upon the parties hereto
and their successors in interests,beneficiaries and assigns, and the Owners agree that if any part
or portion of the project is sold,conveyed, transferred, assigned, or in any manner released to
WUMyResTARON .r,YD[ANRNndian ridge pud agrccmcnt 3.30.00 rcviscd.wpd
Last Revised:Fcbruary 25,2000
8
..---.............. -----_
another individual or entity, it will be subject to the terms of this Agreement. Owner will file a
Declaration of Restrictive Covenants which will impose the conditions and terms of this
Agreement upon the lands of future owners.
r
17. SURVIVORSHIP OF VALIDITY. If any provision of this Agreement is found to be
z
invalid or unenforceable, such provision shall be deemed to be modified so as to be valid and y
enforceable, and such validity shall not affect the validity of any other provision, term, or s
condition of this Agreement.
IN WETNESS WHEREOF, the parties have hereto signed this Agreement as of the day w
and year first above written_
Ut
TOWN OF ENSBURY
BY:
Supervisor
THOMAS J.FARONE & SON,INC.
V
BY:
Thomas J.FaroKe,Jr-,P 'sident
J. c ey BeyI,'Ir-
D:\MyFilcs\FARONEUNDLALNRAindian ridge pud agmcrnatt 3-30.00 rcviscd.wpd
Last Revised:February 25,2000
9
STATE OF NEW YORK
:ss..
COUNTY OF WARREN
On this Z%ay of ( , 2000,before me, a Notary Public in and for the said
State, personally appeared Zienn'i s fe . Grn r e-r personally known, who, -- -
being by me duly sworn, did depose and say that he/eheAgiey reside(s) in the Town of
lI�7 County,New York, that he/shc��is the
SiJ(�'Tlli�r of the Town of Queensbury, the corporation described in and which
executed the above instrument; that he/shoAhoy signed his/4er,�' name(s) thereto by authority
Of th4&a'rld•e�direet of said corporation.
—G!Yt Q—G t^.
Notary Public PAMELA A MARTIN
Nobly Public,State at Naw Ybik
STATE OF NEW YORK Warm Count Reg'Nm+4948228
:ss.: My Cwm EVirm Jm ary 27�
COUNTY OF SARATOGA
On thiso?3 day of 2000,before me, a Notary Public in and for the said
State, personally appeared Thomg J. Farone, Jr., personally known, who,being by me duly
sworn, did depose and say that he/sheAhey reside(s)in the Town of Wilton, Saratoga County,
New York, that he/she/they is the President of Thomas J.Farone & Son,Inc. the corporation
described in and which executed the above instrument; that he/she/they signed his/her/their
name(s) thereto by authority of the board of directors of said corpo ation.
- Notary Public
STATE OF NEW YORK MATTHEW J.JONES
Notary Public,State of New Ywk
:ss.: No. 02JO4996504
COUNTY OF WARREN ual C ifled In Saratoga County
o
Commission Expiam May 18,2Q�/
On thisd.?�day of 2000, before me, a Notary Public in and for the said
State,personally appeared person-ally J. BUCKLEY BRYAN, JR- known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the s in ' er capac' , and that
by hisAier signature ori-the instrument, the individua e on behalf of whi the
individual.acted, executed the instrument.
- - - No ary Public
MATTHEW J.JONES
DAMyReAFARONEUNDiANRilindian ridge pud a�cmcnt 3.30.00 revised.wpd Notary Public,State at New YOrk
Last Revised:February 25,2000 No. 02JO4996504
� y in Saratoga
i 8,2
10
THE JONES FIRM
P.0.Box 4400
fib West Ave.
Saratoga Springs, NY I2S66,