[Adopted 6-25-1973 by L.L. 3-1973]
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 Planned Development District
No. 13 To Be Known as 'North Crest Village.'"
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 Planned Development District No. 13, to be known and described as "North Crest Village."
A.
Location. North Crest Village is a proposed planned
development to be constructed on a forty-four-and-nineteen-hundredths-acre
site north of New York State Route 146 and about 1,380 feet east of
the intersection of Route 146 and Moe Road — Northcrest
Drive. The site of this proposed development is adjacent to the easterly
bounds of the Northcrest - Section 2 and Northcrest - Section 3 subdivisions.
C.
Existing land use. The site of this proposed project
is bounded as follows:
[Amended 7-2-1980 by L.L. 6-1980]
(1)
Westerly by Sections 2 and 3 of Northcrest. These
sections have been developed as single-family residential lots. All
of the lots within Sections 2 and 3 of Northcrest that abut this project
are presently developed and are owned by various individuals.
(2)
Northerly by Section 4 of Northcrest. This section
has been developed as single-family residential lots.
(3)
Easterly by undeveloped lands fronting on Plank Road.
(4)
Southerly by undeveloped lands and three single-family
residential lots fronting on New York State Route 146.
D.
Housing proposed.
[Amended 7-2-1980 by L.L. 6-1980]
(1)
Housing in this planned development is to be of the
following type:
(a)
Townhouses. Each dwelling unit within this group
shall be a two- or three-bedroom attached single-family dwelling with
foundation dimensions of approximately 24 feet by 40 feet to 42 feet.
Each such dwelling unit shall have a private entrance and may have
a one- or two-stall attached or unattached garage at grade level.
(2)
Number of units and density. The number of dwelling
units shall not exceed 262. The density for the total project shall
not exceed 5.9 dwelling units per acre.
E.
Parking. There shall be provided no less than two
parking spaces for each dwelling unit.
[Amended 7-2-1980 by L.L. 6-1980]
F.
Potable water source. The area of the proposed project
is within the service area, as heretofore extended by the New York
State Department of Environmental Conservation, of the Country Knolls
Waterworks, Inc. Potable water shall be supplied to the project by
said Country Knolls Water Works, Inc.
[Amended 7-2-1980 by L.L. 6-1980]
G.
Sanitary sewers and sewage disposal. This proposed
project shall be served by gravity-flow sanitary sewer lines which
shall be connected to the sanitary sewer lines of the Saratoga County
Sewer District No. 1.
[Amended 7-2-1980 by L.L. 6-1980]
H.
Storm sewers. Stormwater shall be drained through
storm sewers, which shall drain not only the entire proposed project,
but also the southerly portion of Northcrest Section 2, to a single
point of discharge into a branch of the Dwaaskill, subject to the
issuance of any permit(s) required by federal, state or local governments
or their respective departments or agencies.
[Amended 7-2-1980 by L.L. 6-1980]
I.
Buffer zone. There shall be a strip or parcel of land
not less than 50 feet in width, located within the area of the proposed
project and located on the common boundary lines of the proposed project,
the residences on the northerly side of Route 146 and the Northcrest
subdivision Sections 2 and 3. This strip of land shall be forever
wild. This restriction shall be contained in any conveyance of the
subject premises or any part(s) thereof. This restriction shall be
specified in each such conveyance as a restriction which runs with
the land.
[Added 7-2-1980 by L.L. 6-1980]
J.
Public land. There shall be dedicated to the Town
of Clifton Park, within 90 days after demand therefor is made by the
Town of Clifton Park, a parcel of land consisting of approximately
12 acres of land, situate in the northerly portion of the proposed
project, the approximate boundary lines of which are set forth on
a certain sketch entitled "Sketch Site Plan, North Crest Village,
A Planned Unit Development, Robert Van Patten, Owner and Developer,
Town of Clifton Park, December 5, 1979, Scale: 1' = 50' - 0" Site
Planning Consultants, The Environmental Design Partnership, Clifton
Park, N.Y.," which sketch is annexed hereto.[1]
[Added 7-2-1980 by L.L. 6-1980]
[1]
Editor's Note: The sketch is on file in the
office of the Town Clerk.
K.
Free spaces. Free spaces of not less than 10 feet
shall be left on each lot or plot built upon on both sides of and
to the rear of every building, extending the full length and rear
width of such lot or plot, which free spaces shall not be built upon
or blocked or obstructed in any way, and the creation of which free
spaces is intended to and shall provide access to the dwelling units
by emergency and/or fire-fighting personnel responding to an emergency
or fire. This restriction/covenant shall be contained in any conveyance
of the subject premises or any part(s) thereof. This restriction shall
be specified in each conveyance as a restriction which runs with the
land. The establishment of this restriction/covenant shall not be
construed to prevent the establishment of further covenants/restrictions
that good and proper planning may require.
[Added 7-2-1980 by L.L. 6-1980]
[Amended 7-2-1980 by L.L. 6-1980]
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, with final approval to rest with the Town Board,
and, on final approval by the Town Board, plans 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 of 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
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.
C.
All utilities, including but not limited to storm
sewers sanitary sewerage lines and water mains, shall be constructed
and installed in accordance with the Subdivision Regulations of the
Town of Clifton Park as such regulations now exist or as such regulations
may from time to time be amended.
[Amended 7-2-1980 by L.L. 6-1980]
This amendment shall be deemed automatically
revoked and void and the regulations prior to this article shall obtain
if, within 12 months from the effective date of this local law, commencement
of the construction of North Crest Village 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 50 feet of
open space beyond the outside boundaries of each building constructed.
Upon application in writing and for proper cause shown, the Town Board,
under such terms and conditions as it deems proper, may waive or extend
the requirement that construction shall have been commenced within
the said twelve-month period and/or may waive or extend the requirement
that substantial progress shall continue without undue interruption.
