[Adopted 9-5-1972 by L.L. 4-1972]
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. 11, P.E.G. Apartments.'"
[1]
Editor's Note: See Ch. 208, Zoning.
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. 11, P.E.G. Apartments."
The area of said Planned Development District No. 11, 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 generally southeasterly of Ashdown Road, easterly of Blue Barns Road and being further bounded and described as follows: Beginning at a point on a division line between lands now or formerly of Thomas Rexford and lands of P.E.G. Associates, said point being distant south 35 degrees 35 minutes 30 seconds east 260 feet from the point of intersection of the common line between lands of Thomas Rexford on the southwest, P.E.G. Associates on the northeast, with the southeasterly margin of Ashdown Road and running from said point of beginning through lands of P.E.G. Associates northerly about 680 feet to a point on the division line between lands of P.E.G. Associates and lands now or formerly of W. Kramer and running thence along said division line the following two courses; south 06 degrees 10 minutes west about 630 feet to a point; thence south 74 degrees 00 minutes east 444 feet to a point; thence through lands of P.E.G. Associates southwesterly 838 feet to a point on the northeasterly line of lands now or formerly of Kenneth Tibbits; thence along the division line between lands of Tibbits and lands of P.E.G. Associates the following two courses: North 66 degrees 30 minutes west 338 feet to a point; thence south 31 degrees 38 minutes west 119 feet to a point; thence along a division line between lands now or formerly of J. Hanes, lands now or formerly of Richard Turlock and lands of P.E.G. Associates the following three courses: north 71 degrees 09 minutes west 418.6 feet to a point; thence north 11 degrees 43 minutes east 20.0 feet to a point; thence north 78 degrees 17 minutes west 174 feet to a point in the division line between lands of P.E.G. Associates and lands now or formerly of Wilfred LaVenture thence along a division line between P.E.G. Associates and lands now or formerly of LaVenture and lands now or formerly of Cosmo Introne north 11 degrees 43 minutes east 290 feet to a point; thence along a division line between P.E.G. Associates and lands now or formerly of Edward Plath north 23 degrees 13 minutes east 275.0 feet to a point; thence along the division line between P.E.G. Associates and lands now or formerly of Charles Plath, Jr., northerly 127.5 feet to a point; thence through lands of P.E.G. Associates northerly about 92 feet to lands now or formerly of Thomas Rexford; thence along a division line between lands of P.E.G. Associates and lands now or formerly of Thomas Rexford the following four courses: northeasterly 125 feet to a point; thence south 35 degrees 35 minutes 30 seconds east about 300 feet to a point; thence north 54 degrees 24 minutes 30 seconds east 125 feet to a point; thence north 35 degrees 35 minutes 30 seconds west about 190 feet to the point or place of beginning and containing about 25.3 acres of land.
A. 
There shall be constructed within the area of said Planned Development District No. 11, P.E.G. Apartments, 49 apartment buildings containing 378 one- and two-bedroom living units and streets to be located on a site consisting of approximately 25.3 acres. The area of the building sites shall be 2.5 acres, more or less. There shall be 14.9 living units per acre.
B. 
Parking area shall be provided at all times and shall be not less than required by the Zoning Regulations[1] and shall provide parking for not fewer than 759 vehicles when the construction of the entire development as planned is completed.
[1]
Editor's Note: See Ch. 208, Zoning.
C. 
A minimum of 60 feet of open space shall be provided between buildings.
D. 
All buildings, recreation areas and streets shall be constructed and laid out as set forth on the supplemental Map No. 24, which is hereby made a part of said Chapter 208, Zoning, of the Code of the Town of Clifton Park.
E. 
Green areas shall be provided as shown on plat plan entitled "Planned Unit Development for P.E.G. Associates," dated November 2, 1970, made by C.T. Male Associates, Professional Engineers and Surveyors, and on file in the Town Clerk's office.
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.
[1]
Editor's Note: See Ch. 208, Zoning.