[Adopted 1-20-1969 by L.L. 2-1969]
This local law shall be known and may be cited
as a "Local Law Amending Local Law No. 2-1967 of the Town of Clifton
Park, Entitled 'Local Law Relating to Zoning for the Town of Clifton
Park,'[1] Providing for the Creation of a Planned Development District
To Be Known as 'Planned Development District No. 1 — Multiple
Dwellings.'"
Chapter 208, Zoning, of the Code of the Town of Clifton Park and the Zoning Map of the Town of Clifton Park as set forth therein and made a part thereof be and the same hereby are amended by changing from Residence District R-1 a portion thereof as hereinafter described and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 1 — Multiple Dwellings."
The area of said Planned Development District
No. 1 — Multiple Dwellings is bounded and described
as follows: All that tract, piece or parcel of land situate in the
Town of Clifton Park, Saratoga County, New York, lying along the southerly
side of Vischers-Ferry-Crescent County Road 92 and being further bounded
and described as follows: Beginning at a point in the southerly line
of Vischers-Ferry-Crescent County Road 92, said point being the intersection
of the extension of the easterly line of Lot 33, Map 1, Crescent Estates,
with the southerly line of Vischers-Ferry-Crescent County Road 92
and running thence along the southerly bounds of said road the following
two courses: north 60 degrees 32 minutes 15 seconds east 838.02 feet
to a point; thence north 70 degrees 03 minutes 55 seconds east 129.75
feet to a point; thence along the westerly line of lands now or formerly
of Marshall Charbonneau south 7 degrees 41 minutes 05 seconds west
738.93 feet to a point in the northerly line of lands now or formerly
of Alfred J. Lussier; thence along said northerly line and along the
northerly line of Lots 49, 48 and 36, Map 1, Crescent Estates, north
87 degrees 33 minutes 15 seconds west 708.03 feet to a point; thence
along the easterly line of Lot 33, Map 1, Crescent Estates, and the
extension of said line north 10 degrees 28 minutes 42 seconds west
249.83 feet to the point or place of beginning, containing about 8.826
acres of land.
A.
There shall be constructed within the area of said
Planned Development District No. 1 — Multiple Dwellings
not to exceed 88 two-bedroom living units composed of 11 living units
in each of eight separate buildings to be located on a site consisting
of 352,700 square feet.
C.
The buildings shall be located around a park and common
green area. A minimum of 68 feet of open space shall be provided between
buildings.
D.
All buildings shall be identical and shall be constructed and laid out as set forth on the Supplemental Map No. 13, which is hereby made a part of Chapter 208, Zoning, of the Code of the Town of Clifton Park.
E.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and in strict compliance with the New York State Building Code. The
plans and specifications shall be approved by the Town Planning Board
and shall be filed with the Town Clerk prior to the commencement of
construction.
F.
All construction shall be performed subject to the
direction and control of a duly licensed architect and, when completed,
shall be certified as having been constructed in full compliance with
the New York State Building Code. The architect performing the work
herein described shall be employed by and at the sole expense of the
developer. The Town Board shall have the power, in its discretion,
to employ a duly licensed architect to be selected by the Town Board
at the expense of the developer at any stage of the development, including
planning, construction and acceptance thereof, for the purpose of
determining that said construction has met or shall meet all the requirements
of the New York State Building Code.
G.
All construction, during performance thereof and upon
completion, shall be subject to the inspection and approval of the
Town Building Inspector.
This amendment shall be deemed automatically
revoked and void and the previous regulations shall obtain if, within
six months from the date of this amending local law, commencement
of the construction of the development has not begun or, if after
construction has begun, unless substantial progress continues without
undue interruption thereafter. Any delay exceeding six months between
the completion of an apartment building and the commencement of another
shall effect an automatic revocation and voiding of this amendment,
except that, as to the area within which an apartment building or
buildings which has or have been constructed pursuant to this amending
local law, there shall be no voiding of this amendment and, as to
said area and apartment building or buildings, this amendment shall
obtain, and the area zoned by this amendment shall be the area within
which said apartment building or buildings was or were constructed
pursuant to this amending local law. In any event, there shall be,
however, not less than 68 feet between each apartment building and
an additional 68 feet of open space beyond the foundation of the last
constructed apartment building, and the area finally zoned hereby
shall be the area within the boundaries determined as herein last
above provided. In the event that any portion of the area covered
by the amending local law is revoked as hereinabove provided, the
parking area as hereinabove provided shall be reduced and shall at
all times be not less than required by the Zoning Regulations[1] and shall provide parking for not fewer than 2.25 vehicles
per apartment. For prior cause shown, the Town Board may grant extensions
of time not exceeding six months for any one extension for the construction
of successive apartment buildings.[2]
