[Adopted 5-3-1971 by L.L. 3-1971]
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. 8, Crescent Estates
North.'"
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. 8, Crescent Estates North."
The area of said Planned Development District
No. 8, Crescent Estates North, is bounded and described as follows:
A.
All that tract, piece or parcel of land situate in
the Town of Clifton Park, Saratoga County, New York, lying northerly
of Vischers-Ferry-Crescent Road, westerly of Moe Road, easterly of
Bonneau Road and being further bounded and described as follows: Beginning
at the point of intersection of the northerly margin of Vischers-Ferry-Crescent
Road with the westerly margin of Moe Road and running thence along
the northerly margin of Vischers-Ferry-Crescent Road westerly about
1,520 feet to the point of intersection of the northerly margin of
Vischers-Ferry-Crescent Road with the easterly margin of Bonneau Road
and running thence northerly along the easterly margin of Bonneau
Road a distance of about 1,105 feet to a point; thence through lands
of Rosen and Michaels Developers easterly about 1,530 feet to a point
in the westerly margin of Moe Road; thence southerly along the westerly
margin of Moe Road about 425 feet to the point or place of beginning,
containing about 24.3 acres of land.
B.
Also, all that tract, piece or parcel of land situate
in the Town of Clifton Park, Saratoga County, New York, lying westerly
of Moe Road, easterly of Bonneau Road and being more particularly
bounded and described as follows: Beginning at a point in the westerly
margin of Moe Road, said point being distant northerly about 425 feet
from the point of intersection of the northerly margin of Vischers-Ferry-Crescent
Road with the westerly margin of Moe Road and running thence from
said point of beginning through lands of Rosen and Michaels Developers
westerly about 1,530 feet to a point, said point being distant northerly
about 1,105 feet from the point of intersection of the northerly line
of Vischers-Ferry-Crescent Road with the easterly line of Bonneau
Road and running thence along the easterly line of Bonneau Road northerly
about 1,285 feet to a point; thence easterly along the division line
between lands of Rosen and Michaels Developers on the south and lands
now or formerly of Joseph Stanczak on the north a distance of about
1,645 feet to the westerly margin of Moe Road; thence along said margin
southerly about 1,270 feet to the point or place of beginning, containing
about 47.7 acres of land.
There shall be constructed within the area of
said Planned Development District No. 8, Crescent Estate North, single-family
dwellings, a shopping area, a professional building, streets, sidewalks,
parking areas, parks and recreation areas, all as set forth on a sketch
plan heretofore approved by and on file with the Town Planning Board
of the Town of Clifton Park, as follows:
A.
Crescent Estates North shall be developed in the following
manner: There shall be constructed professional offices and a shopping
center for neighborhood shopping stores, parking areas containing
956 parking spaces, walkways, 88 residential lots for an equal number
of single-family residences, park areas, recreation areas, green wooded
areas containing footpaths, bridges and streets, all as set forth
on a sketch plan entitled "Crescent Estates North — Section
1," dated December 3, 1970, made by C. T. Male Associates, Professional
Engineers and Surveyors, for Rosen and Michaels Developers, which
plan is on file in the Town Clerk's office.
B.
Before construction of Crescent Estates North is started
or any building permit is issued relating thereto, final plat plans
and specifications shall be submitted to and approved by the Town
Planning Board and filed with the Town Clerk.
A.
The park and recreation areas shall be incorporated into a Town park district pursuant to Article 12 of the Town Law. All expenses incurred in the creation of said district, including the expenses of publication of legal notices, shall be borne by the developers. Said park district shall include only that area described in § A217-43B of this local law.
B.
Said park district shall have an initial annual budget
for the year 1973 of $55, multiplied by the number of single-family
dwellings the construction of which has been completed or upon which
construction has actually been commenced on the 30th day of April
1972.
C.
Said developer, prior to contracting for the sale
of any dwelling premises, shall prepare and submit to each prospective
purchaser a statement, in writing, in duplicate, stating that the
premises being contracted to be sold are within a park district and
that the estimated initial annual tax on each private residence property
for the maintenance and operation of the park and recreation areas
therein is in the sum of $55, which tax will be borne by the property
which is the subject of the sale or contract of sale. Said statement
shall be signed by each person contracting to purchase or purchasing
said real property. One copy of said statement shall be retained on
file by the developers, and a copy thereof shall be delivered to each
person contracting to purchase or purchasing said real property. The
copy of each such statement retained by the developer shall be kept
on file in the office of the developer and shall be open to inspection
by any Town official duly authorized by the Town Board.
D.
The developers shall create, maintain and operate
the park and recreation areas during the year 1972, which said areas
shall be constructed at the sole expense of the developers in accordance
with the plans set forth in the brochure or information kit relating
to said planned development, entitled "Crescent Estates North Planned
Unit Development," dated March 9, 1971, and filed with the Town Board
of the Town of Clifton Park. Said park and recreation areas shall
be constructed to the satisfaction of the Town Planning Board. No
dwelling premises shall be sold and conveyed to any purchaser until
said park and recreation district has been created by final action
of the Town Board.
The buildings to be erected as part of the neighborhood
shopping areas and professional office buildings shall be constructed
in a colonial architectural style and design. Prior to the construction
of any commercial or professional building, the design, plans and
materials to be used in the construction thereof shall be approved
by the Town Planning Board of the Town of Clifton Park and such approval
filed in the Town Clerk's office.
A.
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. 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. All
construction, during performance thereof and upon completion, shall
be subject to the inspection and approval of the Town Building Inspector.
B.
All roads and/or streets to be constructed pursuant
to this local law shall be constructed pursuant to specifications
at that time in effect for the construction of Town Highways in the
Town of Clifton Park. Within 60 days after written demand is made
therefor by the Town of Clifton Park, the developer, or the successor
in interest of the developer, shall transfer and convey to the Town
of Clifton Park by warranty deed with lien covenant, free and clear
of all liens and encumbrances, any or all street, park areas and recreation
areas as may be demanded by the Town Board within the area hereinabove
described without cost or expense to said Town.
C.
All sewage and water shall be supplied from a source
or sources approved by the New York State Department of Public Health.
This amendment shall be automatically revoked and void and the previous regulations shall be reinstated without further action by the Town Board if, within 12 months following the effective date of this local law, the construction of Crescent Estates North has not begun or, if after construction has begun, unless substantial progress continues without undue interruption. As to the area described in § A217-43A hereof, this amendment shall be revoked and void and the previous regulations shall be reinstated without further action by the Town Board if, within five years following the effective date of this local law, the construction planned for said area has not been commenced. 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 building or buildings, this amending local law shall be the area within which said building or buildings was or were constructed pursuant to this amending local law, plus an additional area surrounding the area within which said building or buildings was or were erected, which area shall be 50 feet in depth, measured from the outside building line of said construction. For proper cause shown, the Town Board may, under such terms and conditions as it deems proper, waive the requirement that substantial progress shall continue without undue interruption.
