[Adopted 6-15-1970 by L.L. 3-1970]
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. 5, Hollandale — Phase
I.'"
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. 5, Hollandale — Phase I."
The area of said Planned Development District
No. 5, Hollandale Phase I is bounded and described
as follows: All that certain tract, piece or parcel of land situate,
lying and being in the Town of Clifton Park, Saratoga County, New
York, lying along the southerly margin of Clifton Park Center Road
and being more particularly bounded and described as follows: Beginning
at a point on the southerly margin of Clifton Park Center Road, said
point being situate at the intersection of the common boundary line
of lands herein described on the east, lands now or formerly of Jan
and Belle Hunter on the west with the southerly margin of Clifton
Park Center Road, and running thence from said point of beginning
along the southerly margin of Clifton Park Center Road south 88 degrees
59 minutes 00 seconds east a distance of 800.00 feet to a point; thence
through lands of Hollander and Son Builders, Inc., the following six
courses: (1) south 3 degrees 00 minutes 35 seconds west a distance
of 213.50 feet to a point on curve; (2) easterly, southerly and westerly
along a curve to the right of radius 213.00 feet a distance of 620.06
feet to a point on said curve (the chord for the above-described curve
being south 3 degrees 00 minutes 35 seconds west 423.17 feet); (3)
south 3 degrees 00 minutes 35 seconds west a distance of 150.00 feet
to a point; (4) north 87 degrees 10 minutes 50 seconds west a distance
of 657.00 feet to a point; (5) south 2 degrees 49 minutes 10 seconds
west a distance of 63.50 feet to a point of curve; (6) southerly,
westerly and northerly along a curve to the right of radius 70.00
feet a distance of 219.91 feet to a point of tangency of said curve
on the westerly bounds of lands of Hollander and Son Builders, Inc.
(the chord for the above-described curve being south 87 degrees 10
minutes 50 seconds west 140.00 feet); thence along the easterly bounds
of lands of John Hunter, Jan and Belle Hunter north 2 degrees 49 minutes
10 seconds east a distance of 825.00 feet to the point or place of
beginning and containing 15.964± acres of land.
There shall be constructed within the area of
said Planned Development District No. 5, Hollandale — Phase
I multiple dwellings, streets, garages, a swimming pool, recreational
facilities and public space, which shall include cabana, office, laundry
room, stairwells and maintenance 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.
Phase I shall be developed in the following manner:
There shall be constructed a street known as "Hollandale Lane," together
with connecting streets, a swimming pool, a tennis court and 152 dwelling
units consisting of four two-story townhouse buildings and garages,
six two-story buildings and eight two-and-one-half-story buildings.
There shall be included in said 152 units the following: 67 one-bedroom
units; 16 townhouses with garages; 15 two-bedroom units with den and
54 two-bedroom units. There may be constructed an entrance sign and
shelter. There shall also be constructed four garage buildings of
11 stalls, three stalls, five stalls and six stalls, respectively,
as identified on the sketch plan dated February 26, 1999, and prepared
by CT Male Associates, P.C.
[Amended 7-12-1971 by L.L. 4-1971; 6-21-1999 by L.L. 5-1999]
B.
Before construction of Phase I is started or any building
permit is issued relating thereto, final plans and specifications
shall be submitted to and approved by the Town Planning Board and
filed with the Town Clerk.
C.
During the construction of Phase I, there shall be
constructed, as set forth as part of the plans and specifications
to be approved by the Town Planning Board, parking areas providing
parking for no fewer than 2.25 vehicles per dwelling unit.
Occupancy of all two-bedroom units with a den
shall be limited to tenants without a child or children of school
age. A "school-age child" is a child who attends any school grade
from kindergarten through twelve or is legally obligated to attend
a public school. All tenancies shall be subject to the above condition,
and all leases shall provide that said tenancy shall terminate 30
days prior to any child residing with a tenant becoming a school-age
child as hereinabove defined. The developer or his successor in interest
shall immediately undertake all necessary legal steps to terminate
the occupancy of any tenant whose lease is terminated by reason of
the aforesaid.
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 plans and specifications shall be approved by the
Town Planning Board and, on approval by the Town Planning Board, shall
be filed in the office of the Town Clerk. 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 90 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 streets as may be demanded
by the Town Board within the area hereinabove described.
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 Phase I has not begun or, if after construction
has begun, unless substantial progress continues without undue interruption
thereafter. 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 continue in full force and effect, and
the area zoned by this 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 of 125 feet of open space beyond
the outside boundaries of each building constructed. 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.
