[Adopted 6-23-1969 by L.L. 4-1969]
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. 3 — P.E.G.
Apartments.'"
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 Agricultural and Rural Residence District R-R 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. 3 — P.E.G. Apartments."
The area of said Planned Development District
No. 3 — P.E.G. Apartments 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 Ashdown Road and being further bounded and described as follows:
Beginning at a point in the southerly line of Ashdown Road marked
by concrete monument, said point being approximately 914 feet from
Blue Barns Road and running thence along the southerly bounds of said
road the following course: north 54 degrees 3 minutes east 478 feet
to a point marked by a concrete monument; thence along the lands now
or formerly of Cramer south 6 degrees 10 minutes west 337.03 feet
to a point in the northerly line of lands now or formerly of P.E.G.
Associates; thence along said northerly line south 54 degrees 3 minutes
west 251.98 feet to a point; thence along the easterly line of land
now or formerly owned by P.E.G. Associates north 35 degrees 57 minutes
west 250 feet to the point or place of beginning, containing about
2.09 acres.
A.
There shall be constructed within the area of said
Planned Development District No. 3 — P.E.G. Apartments
not to exceed 15 two-bedroom living units and three one-bedroom living
units composed of six living units in each of three separate buildings
to be located on a site consisting of about 92,000 square feet.
C.
The buildings shall be located around a park and common
green area. A minimum of 60 feet of open space shall be provided between
buildings.
D.
All buildings may be identical and shall be constructed and laid out as set forth on the Supplemental Map No. 15, which is hereby made a part of Chapter 208, Zoning, of the Code of the Town of Clifton Park.
E.
Screening planting along the rear property shall be
provided.
F.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed professional
engineer 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. All construction shall be performed subject to the
direction and control of a duly licensed professional engineer and,
when completed, shall be certified as having been constructed in full
compliance with the New York State Building Code. The professional
engineer 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
or professional engineer 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 60 feet between each apartment building and
an additional 60 feet of open space beyond the foundation of the last
constructed apartment building; 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 1.5 vehicles
per apartment. For proper 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.
