[Adopted 12-15-1997 by L.L. 6-1997]
This local law shall be known as "Local Law
No. 6 of 1997" and amends the Town of Clifton Park local law relating
to zoning for the Town of Clifton Park to provide for the creation
of a planned unit development, Grooms Pointe Planned Unit Development,
Town of Clifton Park.
The Town of Clifton Park, New York, local law
relating to zoning for the Town of Clifton Park and the Zoning Map
of the Town of Clifton Park, as set forth therein, be and the same
hereby are amended by changing the following described area as set
forth below from the existing R-1 and L-C Zoning Districts to a planned
unit development to be known as "Planned Unit Development, Grooms
Pointe Planned Unit Development, Town of Clifton Park."
The area of the planned unit development consists
of 32.4 plus or minus acres of land in the Town of Clifton Park and
is bounded and described as set forth in the annexed Appendix A attached hereto and made a part hereof.
The Grooms Pointe Planned Unit Development will
contain not more than 58 residential units in 29 twin townhouse buildings,
with an average lot size of 10,000 square feet per residential unit,
a thirty-five-foot front setback, a ten-foot side setback and a twenty-foot
rear setback, with a one-hundred-ten-foot minimum width at the front
setback line. The project shall generally conform with a sketch plan
entitled " Land Use Allocation, Grooms Pointe, Dwg. B" prepared by
Ivan Zdrahal Associates and dated February 14, 1997, which is annexed
hereto as Appendix B. The exact sizes and configurations of the lots in the
said planned unit development shall be as determined by the Town of
Clifton Park Planning Board, who shall retain final subdivision approval
over this project.
Prior to the issuance of building permits for
the buildings within this district, the owner shall submit a subdivision
plan for approval by the Town Planning Board of the Town of Clifton
Park in accordance with the appropriate sections of the Town Zoning
Local Law. No building permits shall be issued without final approval
of the subdivision plan by the Town Planning Board. Any aspect of
the subdivision plan, except the maximum number of dwelling units,
may be changed, altered or amended by the Planning Board.
Sanitary waste disposal will be provided by
connection to C K Sanitary Systems. All sewer facilities will be designed
and constructed in accordance with the standards of the Saratoga County
Sewer District No. 1. The developer agrees to offer for dedication
to the Saratoga County Sewer District No. 1 all completed sewer facilities
at no cost to the Saratoga County Sewer District No. 1 within 5 years
of the date of completion. The sewer district shall determine what
portion of these facilities are appropriate for public ownership.
Water service will be provided by interconnection
with the Clifton Park Water Authority. All necessary approvals concerning
said interconnection will be obtained from the appropriate state and
local authorities, and the actual interconnection will be completed
prior to the issuance of any certificate of occupancy by the Town
of Clifton Park. All water facilities will be designed and constructed
in accordance with the standards of the Clifton Park Water Authority
(CPWA) and shall be turned over to CPWA at no cost.
All buildings will be constructed in accordance
with New York State Building and Fire Codes. All blueprints and building
specifications will be approved and stamped by a duly licensed engineer
or architect. All construction will be subject to inspection, approval
and issuance of certificates of occupancy by the Town Building Inspector
and the Town's engineers. Fire hydrants will be installed in accordance
with appropriate standards and codes, and minimum flow will at all
times comply with appropriate ISO requirements.
A ten-foot strip of land will be deeded to the
County of Saratoga, without cost to said County of Saratoga, as set
forth on the annexed Appendix B at the time the subdivision plat is filed in the County
Clerk's office. There shall be two points of access to this parcel
with the final locations as determined by review and approval of the
Saratoga County Department of Public Works.
All utilities shall be installed underground.
Prior to the issuance of building permits for
the buildings within this district, the developer shall file a letter
of credit in the amount and for the time periods required by the Town
Planning Board and acceptable as to amount and form by the Town's
engineers and the Town's Attorney to guarantee such performance and/or
completion of the requirements of this planned unit development.
All roads, drainage easements and related rights-of-way
shall be constructed and/or located by the developer in accordance
with the subdivision plan as approved by the Town Planning Board and
shall be approved by the Town's engineers. The Town road proposed
herein shall be constructed fully in compliance with the specifications
for a Town road in the Town of Clifton Park and shall be offered for
dedication to the Town of Clifton Park by the developer at no cost
to the Town.
The developer shall obtain all necessary approvals
and shall create a homeowners' association for the ownership and maintenance
of the common areas, which areas are set forth on the annexed Appendix
B, and for such other purposes as may be appropriate, prior
to the issuance of any building permits for any of the buildings to
be constructed in this planned unit development.
Any violations of the provisions of this local
law shall be deemed a violation of the Town of Clifton Park local
law relating to zoning for the Town of Clifton Park and the provisions
of said Town of Clifton Park local law relating to zoning for the
Town of Clifton Park.
This local law shall take effect after approval
of the Town of Clifton Park Town Board, filing with the Secretary
of State and such other posting and publishing as may be required
by law.
This amendment shall be deemed automatically
revoked and void and the previous regulations shall obtain if, within
12 months from the effective date of this local law, commencement
of the construction of dwelling units has not begun or, if after construction
has begun, unless substantial progress continues without undue interruption
thereafter. As to the area within which dwelling unit(s) have been
constructed pursuant to this local law, there shall be no voiding
of this amendment, and as to said area and dwelling unit(s), this
local law shall continue in full force and effect, and the area zoned
by this local law shall be the area within which said dwelling unit(s)
was (were) constructed pursuant to this local law, plus an additional
area of 50 feet of open space beyond the outside boundaries of each
constructed dwelling unit(s). For proper cause shown, the Town Board
may, under such terms and conditions as it deems proper, waive the
requirement that substantial progress continue without undue interruption.