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Indian Ridge PUD F1 TOWN OF QUEENSBURY 742 Bay Road, Queensbury,NY 1'2804-s902 518-761-8201 R E U D JUL 1 2 2000Q TOWN!0=OL'ECNSSUR1' MEMORANDUM PLANIINYN.G OFFi-IF TO: Caroline Mann Barber,Deputy Town Clerk I 7FiROM: Pamela Martin,Legal Assistant Town Counsel's Office DATE: July 10,2000 RE: Indian Ridge Planned Unit Development Agreement Our File#: 1086 In accordance with Resolution No.: 97,2000 adopted on February 2e, attached for your files is a•cog of the fully-executed Agreement that was recorded at the Warren County Clerk's Office on June J4 /per c: 1,6ris Round,Executive Director Marilyn Hammond, Comptroller's Office c�moo ' d, 0 n "HOME OF NATURAL BEAUTY. . .A GOOD PLACE TO LIVE" SETTLED 1763. WARREN COUNTY CLERK RECORDING COVER SHEET Ei P. INITIALS INSTRUMENT .!.7 / m Pio. of PAGES TYPE OF DOC. PUD _ ADDTL. FEE- TOWN -ti. ►/���-� Y4� ADDTL. NAMES t ,-TRANSFER TAX AMT. * MORTGAGE ART. MORTGAGE TAX a TRANSFER TAX STAMP * MORTGAGE TAX STAMP P lease ..fill in blanks below before submitting for recording. PARTY OF THE FIRST PART ow 0 �' n S _ t orn as J� torts PARTY' OF THE SECOND PART C Q r f.- c RECORDED BY: (�7{� V uh E'S •f'`/T/� //ll//ll/l/illl//////llllll///l///llll i RETURN TO: tc ff t► // RECORDING STAMP • / eo 114 kit 10: 41 Upon recording, this page becomes a part of .the document ($3.00) • _ .� .�. C:t�Jt Ytii. ORIGINAL r p is [''l� cn INDIAN D G1L_.J PLANNED UNIT DEVELOPMENT '(CO S") AGR—EENMN ..t4. B AND ]B U'l JL-WEET q THE TO WIN Y I FQUEENSIBUa-y N J O IBTJ V.3LSi.i E A JI. a YAi 4 V'a O AND DATED: 2000 PREPARED BY: THE JONES FIRM 68 WEST AVENUE P.O. Box 4400 SARATOGA SPRINGS. NEw YORK 12866 (518) 587-0080 TABLE OF CONTENTS DENSITY AND BUILD-OUT . .. . .. . .... .. . . .... ............ ... ..... . .. . ... .... I Density . .. . . . . . . . . . . .. . . . ... .... . . . . .......:... .... .. .... .. .. ... .. ... .... I Limitation-of Areas of Development ... . . ...... ...... ........ ... ...... : ..1- Permissible Areas of Development . . . .... ....................................2 VEHICLES . . . .. .. ... . . . . . . ... ... ... ..... . ..................I.................2 TRANSPORTATION SYSTEM . . .. ..... ... . . . ..................... ........... ....2 'OWN WATER SYSTEM . . . .. . .. . .. . .. . . . . . .. . . .. . .. .... . .. .... ... .. . . . ....3 PRIOR APPROV_4.LS . . . . . . . .. . . . . . . .. . . . . . .. . . . . . . ..... ...... ... ... . .. . . . ....3 DEVELOPMENT STANDARDS . . . . . . .. . . .. .. .. . . . . . . . .. .... ... .. . .... .........3 SINGLE FA MY LOTS . . . . ... . . . . . . .... . ... . .:.. ... ...... . . .. . ... . .....3 LRYUTED COMMERCIAL LOTS . . . . . .. ... .... . . ... .. . .. .. . . . . . . . .....4' SENIOR CITIZEN PARCEL . .. .. ..... . . .. .... . . .. ... .... ...... . ... . .....4 PERIYI=D PRINCIPAL USES .. . .. . .. . . . . .... . .. . .. .. ......... .. . .. ... . .....5 AREA.FOR SENIOR CITIZEN PARCEL-OPTION TO TOWN OF QUEENSBURY ..7 RECREATION FEES . . . . ... .. . . .. . .. .... . . . .. .. . ... . ......... .... . .. . ......7 EROSION CONTROL . . . . . . . . . . .. .... . . .. . . .. .... ... . ... ..... .. . ... . . . . . .......7 STORMNVATER MANAGEMENT. . .. .. . .. . . . ..... ... . ... .. . . ..... 8 INGRESS/EGRESS EASEMENT .. . .. ... . . . . . ... ..... ........... . .. 8 REMEDY ON BREACH . . .. . . . . .. . . . . . . . . . . . . .. .... .... ........ .. .. .. ... . ..... 8 RUN WITH THE LAND.. . . . . . . . .. . .. . . . . . . . . .. . .. . . . ... ...... . .... . .. . . ._. ..... 8 ;SURVIVORSHIP OF VALIDITY .. . .. .... . . . . . . .... . .... ...... .... . . . . ... ..... .9 • i . THIS AGREEMENT,made this day o£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 128301, (hereinafter q referred to as the"Owners'. WITNESSETH: r., WHEREAS,the Owners are the title holders'to parcels of land within the Town of 1 j Queensbury comprising the Indian Ridge development under an application for a Planned Unit Development District CTUD'% 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: L DENSITY AND BUILD-OUT_ The density and build-out of the PUD is generally depicted on the attached,Master Plan dated My 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. Densi -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 Q!"yFita%FARONEUND ANRtlindian ridge pud a¢rcccrxn0 30:00 rcvised.wpd Last Revised:Febmary 25,2000 construction within the areas depicted as "Land Conservation' (below top of bank 47.9'acres and above top ofbank 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 waIlting,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 QD 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 . 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 3" caliber at a height of T 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:@ 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. ?. 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.WyFiles\FAR0NMDIANRnindian ridge pud agreement 3.30.00 revised.wpd Last Revised:February 25,2000 7 t: 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 Towm.Hig way 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 m loop road. C�9 b. Road intersection shall be at angles from 70- to 90°. When practical,intersection tangents of at least 100 feet shall be rn maintained from the pavement edge of intersecting streets. C.a ;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 W ATER SYSTET . Owner shall install as required in the standards set forth by the:Town.WaterAVastewater 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 within Indian.Ridge shall be held to the fallowing development standards: a. No. of Lots/Size ` i. SINGLE FAMILY LOTS: -Maximum build-out-75 lots. -Minimum size shall be .4 acres. DAMyFi1esTAR0NE- 4DIANRPjndian ridge pud ageement 3.30.00 revised.wpd Lasc Revised-February 25,2000 3 e ii LIMITED COMMERCLAL LOTS (depicted on attached map 1 acre): Maximum build-out-2 lots. -Minimum area- .40 acre. iii. SENIOR CTTMEN PARCEL: -Maximum housing build-out-61 units. Area shall not exceed 10 acres. -Area may include recreational, educational(library) and related P uses. b. Minimum frontage on public roads;forty(40)feet. C. Minimum lot width atbuilding front-line: Seventy(70) feet. W d. Minimum yard setbacks: a. Residential: Front: Thirty(30) feet Side: The sum of the side yards shall 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(4.0) feet Senior Citizen Parcel: Forty(40) feet Commercial: Forty(40) feet D:1MyFilesTARONEUMIAHMindian ridge VW agreement 330.00 rcvised.wpd LasrRcviscd:February 25,2000 4 4' 1 7: PE13 MITTED PRINCIPAL USES. a. Single Family Lots: ' Permitted.principal use: i- Occupancy of one(1) dwelling by a family a -Permitted principal structures: i. Single Family Dwelling Permitted accessory uses: CJ i. Storage of vehicles,boats and other items associated with the principal use of a single family dwelling I 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(120)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. DAMj/FUCSTARONEUND[ANRAmdian ridge pad agre=ent3.30.dd.tnvised.wpd t:a-st`Rcviscd February 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. iii. Health Related Facility. iv. Community center. v v. Business oriented building. -Pem-utted Accessory Uses: i. Storage of articles related to approved principal uses(less than 200 sq. I Parking of vehicles.related to an approved principal use. iii. Exterior advertisement of approved principal use. Permitted Accessory Structures: i. Storage Shed. ii. Parking Area. iii. 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. I Recreational or educational uses. -Structures allowed upon site plan approval by the Town Planning Board:. L Senior citizen multiple dwellings. ii. Recreational buildings,playground or park land structures, DAMyFles\FARONEINDIAMMndian ridge pud agreement 3.30.00 mvised.wpd Last:Revised:February 25,2000 6 A . libraries or public technology centers... 8: AREA FOR SENIOR CITIZEN PARCEL- OPTION TO TOWN OF I EENSBURY Owners by these presents grant unto the Town of ueensb Q ury an option to purchase the ten(l0)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.Boasd. The purchase price is One Hundred Ninety Thousand and no/100 Dollars (5190,00.0.00) due and payable as follows: P 3o a- S10,000.00 deposit shall accompany the exercise of the option; _.b b. S180,000.00 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, CJ subject to the existing conditions and restrictions of record, including this Development W Agreement. 9. _ RECREATION'.FEES The Owners shall gay a recreation fee pursuant to the Town Code in an amount equal to $500.00 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 accord ncI with Section 124.8C of the Queensbury Town Code,-as amended. .1.0. 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 PIanning Board. The Planning Board and the Owners shall; during site plan review, determuie.the number of lots to be developed with each stage/phase. Except for the'1.0 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. Fongood 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. EROSTONT CONTROL. The Planned Unit Development shall be constructed in accordance with measures as described in Section Al 83-26 of the Town Code and the`N.Y.S. Guidelines for Urban Erosion and Sediment Control"throughout all phases of road,residential and/or commercial construction. DAMyFiialFARONEU D[APIRIUndian ridge pud agreemcat 330.00 reviscd.wpd Last Revised:February 2-5;2000 .J 12. STORMtiyATER MANAGEMENT. Stonnwater 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 Al`83-27 of the Town Code and pursuant to site plan review by Planning Board. 0. ACCESS ROAD. Prior to the issuance of the 15'h 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 running 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. conveyance 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 breakawaysates at each end of the creel? p , (iii) installed lighting for the parcel and (iv)constructed a 6'wide concrete sidewalk t on the lands of the School.District. The conveyance will contain restrictions limiting the use of th g is 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 pan of the Access Parcel. 14.16 IN 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. R IMEDY ON BREACH It is understood by and between the parties that the Town Board of the Town of Queensbury has made a SEQRA determination and will make legislative 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 D:1N4yFi1esjFA RO\c.INDIANRIUndian ridge pud agreement 3.30.00 rcvised.wpd last-Revised:February 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 fature owners, I7. SURVTV ORSHIp OF VALIDITY. If any provision of this Armeement is found to be invalid or unenforceable, such provision shall be deemed to be modified so as to be valid and x enforceable, and such validity shall not affect the validity of any other.provision,term, or condition of this Agreement. ,M IN`ASS WHEREOF,the parties have hereto signed this Agreement as of the day and year first above written, w . Gt TOWN OF ENSBURY BY: Supervisor THOMAS J.FARONE&:SON,INC. 24 BY: Z/ Thomas:J.Far e,Jr.,Pr'sident . J-I Mckley Br" , r. D_\I iyFiles\FARONE\IMLkNRI\indian ridge pud agr=n= 330.00 revised.wpd Lass Rivised-.Fcb=ry 25,2000 9 STATE.OF NEW YORK :ss.: COUNTY OF WARREN On this eday of •Ci 2000, before me, a Notary Public in and f State,personally appeared ��; �, or the said being b `��r's personally known, who, _. a y me duly sworn, did depose and.say that he/ sl�e/�ey reside(s) in the Town of County,New York, that he/ , �rra�ryi� cnr s�'`�y is the of the Town of Queensbury, the corporation described in and which executed the above instrument that he/ ofth4�4 ci-ef shoes signed his/m eirnamefs) thereto by authority � ireePai of said corporation. Notary Public PAMELA A.MARTIN STATE-OF NEW YORK NoftuWarrm COO*'Vie'State.of New:ss:: C Reg.No.48 $J COUNTY OF SARATOGA On thiso 3 day of 2000,before me, a Notary public in and for the said State,personally appeared Thom J.Faxon, Jr.,personally Imown, who, being by me duly sworn, did depose and say that he/she%they reside(s) in the Town of Wilton, Saratoga County, New York,.that he/she/they is the.President of Thomas J.Farone&Son, Inc. the corporation described in and which executed the above instrument; that he/she/they signed his/her/their names)thereto by authority of the board of directors of said corpo aeon. Notary Public STATE OF NEW YORK MATTHEW J.JONES Notary Public,State at New Yang :s&: No. 02JO4996504 --OUNTY OF WARREN Oualified in Saratoga On this day of won� .�' 0 a —.� Y 2000, before me, a Notary Public in and for the said i tate,personally appeared persona v J.BUCKLEY BRYAN,JR.known to me or proved to me in the.basis of satisfactory evidence to be the individual whose name is subscribed to the within astrument and acknowledged to me that he/she executed the sa in - er capac' , and that Y. . fiersigriatuim oii-the instrument, the individua e on behalf of whi the idividual acted, executed the•iizstrtiment. -- - - - - No ary Public 'MATTHE Myfiles\FA J.JONES kONfiUNDIANRt�ndian ridge pud a-mtament 3.30.00 revised.wpd Notary Public.$at of NewYork st'Reviscd:February 25,2900 No. 04 Oualified in Saratoga r Cotmty, 10 Con Ezpuas 18,26 THE JONES FIRM P.0.Box 4400 fib.West Ave. Saratoga Springs, Hy 12966, r 3 ' r,n � tom,,-'Y.-,.Qs:-•': o r Al Aa sq At CD Sri s £ ej N i •`' ���•� wit -'•r� r�S { Ln Al • �(r �s, pis / �sq ��.^; " .. • � ^s; � :f :s=1'�;j^%!"::tr fit.,i cif ai4 1: P• • fi£ - let 4 v vP^ tJ3�t { q.;••.•ram � � ••Z° i� - - - •�, ;s � -,•:.�•,roi;.,�.a -ram•.;....T.• .� P^ Nif Ir7% ' t tz .q- _i� e� '� •�i�j jc��'�� .A4A�w ' ju I � •'}r •N•• nILE yl nri• o�i� yi `/L'1� _ , r ' ,yk -J• ypr �'� �gF5 1 •`�ra< x ~Sx�`\ •ate w v'•1,y •i: a�� � aVf