The developer shall obtain all necessary approvals and shall
create a homeowners' association for the ownership and maintenance
of certain of the common areas and the maintenance of the apartment
homes and the townhomes. The common areas subject to the homeowners'
association are as set forth on the site plan. The developer shall
be responsible for maintenance and landscaping of all common areas
until the homeowners' association assumes responsibility for those
common areas of the apartment homes and townhomes. The homeowners'
association shall be created prior to the issuance of any certificate
of occupancy for any of the buildings to be constructed on the townhouse
lots. The developer will be responsible for installation of all street
trees as shown on the site plan.
This amendment shall be deemed automatically revoked and void, and the previous regulations and zoning designations shall obtain if, within four months from the approval by the Planning Board of the Village of Baldwinsville for construction of the project, commencement of the construction of the Fobes Island Planned Development District has not begun, or if, after construction has begun, unless substantial progress continues without undue interruption thereafter, or if the development is not completed within the time specified in §
345-116C(1). As to the area within which a building or buildings have been constructed pursuant to this article, there shall be no voiding of this amendment and as to said area and building or buildings, this amendment article shall continue in full force and effect and the area zoned by this article shall be the area within which said building or buildings was or were constructed pursuant to this amending article. For proper cause shown, the Village Board of the Village of Baldwinsville may, under such terms and conditions as it deems proper, extend either the four-month period or the final construction period, or both, and/or may waive the requirement that substantial progress shall continue without undue interruption.