[Adopted 12-19-1983 by L.L. 10-1983]
This local law shall be known and may be cited
as "Local Law No. 10-1983 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. 25 To Be Known as 'Olde Nott Farm.'"
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 as "Olde Nott Farm."
A.
The area of said Olde Nott Farm consists of plus or
minus 65.5 acres and is bounded and described as follows. The area
is located at the westerly portion of the Town of Clifton Park, west
and south of Appleton Road, north of Grooms Road and east of Nott
Road.
B.
All that certain tract, piece or parcel of land, situate
in the Town of Clifton Park, County of Saratoga and State of New York
lying along the easterly side of Nott Road approximately 500 feet
south of the intersection of Appleton Road and being further bounded
and described as follows:
C.
Beginning at the point of intersection of the easterly
line of Nott Road with the common division line of lands now or formerly
of MNH Realty, Ltd., to the north with lands herein being described
to the south and running thence along said common division line and
the southerly lines of lands now or formerly of Rebecca Brody, lands
now or formerly of Nele S. Rzad and lands now or formerly of Robert
K. Blank and Diane S. Blank south 71 degrees 24 minutes 40 seconds
east 1,701.79 feet to a point; thence along the westerly lines of
lands now or formerly of Peter and Barbara Witkowski and lands now
or formerly of Walter Obremski south 04 degrees 20 minutes 10 seconds
west 1,493.17 feet to a point being the northwest corner of lands
now or formerly of Charles and Helen Zagata; thence along the northerly
line of land now or formerly of Joseph N. Futia, Francis A. Futia
and James V. Futia north 71 degrees 01 minutes 20 seconds west 1,616.20
feet to a point; thence continuing along the northerly line of lands
of said Futia and lands now or formerly of Robert G. and Marjorie
E. Smith north 67 degrees 37 minutes 20 seconds west 728.54 feet to
a point in the easterly line of Nott Road; thence along said easterly
line the following three courses:
A.
The development of the Olde Nott Farm has been presented
and is described according to a sketch plan filed with the Town Planning
Board of the Town of Clifton Park. This sketch plan may be changed,
altered or amended by approval of the Planning Board.
B.
The area will consist of up to 62 detached single-family
residences six of which shall be freestanding and 56 of which shall
be located in clusters of no more than four residences per cluster.
A sketch of this clustered subdivision is attached hereto as Exhibit
B.[1] Development of these residences will follow and be based
on said sketch. This sketch, including the location of the individual
residences, may be changed, altered or amended by approval of the
Town Planning Board.
[1]
Editor's Note: Exhibit B is on file in the
office of the Town Clerk.
Before construction of Olde Nott Farm is started
or any building permit is issued relating thereto, final plans and
specifications, including open areas and roadways, shall be submitted
to the Town Planning Board; upon approval by the Planning Board, the
final plans and specifications shall be filed with the Town Clerk
and the County Clerk.
The final layout and design of all open areas
and roadways are subject to modification by the Town Planning Board
when final plans and specifications are submitted.
For vehicular traffic purposes, there will be
two points of ingress and egress to Nott Road, as shown on the sketch
plan of Olde Nott Farm.
A.
Water will be supplied by the Town of Clifton Park
- Rexford Water District No. 2. Sanitary sewer service for the project
will be provided by a private transportation corporation. Sewerage
treatment facilities are subject to state approval.
B.
The supply of water to the within planned development
district is contingent upon the further approval of the Town Board
of the Town of Clifton Park, acting as the Commissioners of the Rexford
Water District No. 2. Such approval shall be further contingent upon,
among other matters, securing from the Town of Glenville or its agencies/districts
its (their) consent to the furnishing of water to the within planned
development district. The enactment of this local law shall not be
construed to constitute such approval or consent.
C.
The establishment of a private transportation corporation
is contingent upon the consent of the Town Board of the Town of Clifton
Park pursuant to the Transportation Corporation Law of the State of
New York. The enactment of this local law shall not be construed to
constitute such consent.
D.
Each lot owner within the area designated as Section
2 of the Olde Nott Farm Planned Development District and as further
described in a certain contract between the Town of Clifton Park and
the Rexford Water District and Delphinance Management Associates,
Inc., dated June 19, 1989, as amended or modified, shall, at the time
of obtaining a building permit within said Section 2, pay to the Rexford
Water District a hookup fee in the sum of $2,000. No building permit
shall be issued until payment of the aforesaid fee.
[Added 11-20-1989 by L.L. 23-1989]
A.
All improvements shall be subject to the direction
and control of a duly licensed architect and/or engineer and constructed
pursuant to plans and specifications approved by a duly licensed engineer
and/or architect and in strict compliance with the New York State
Building Code. When completed, these improvements shall be certified
as having been constructed in full compliance with the New York State
Building Code. The engineer and/or architect performing the work herein
described shall be employed by and at the sole expense of the developer.
All construction shall be subject to the inspection and approval of
the Town Building Inspector.
B.
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.
A.
This amending local law shall be automatically revoked
and void and the previous statutory regulations shall apply under
the following circumstances:
B.
This local law shall not be voided and shall continue
in full force and effect with respect to each building constructed
pursuant to this law, plus an additional area of 50 feet of open space
beyond the outside boundaries of each such building constructed. For
proper cause shown, the Town Board may, under such terms and conditions
as it deems proper, waive, by resolution, the requirement that substantial
progress shall continue without undue interruption.
Within 90 days after written demand is made therefor by the Town of Clifton Park, the developer or the successor in interest to 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, as open areas all the premises described in § A217-150, excepting those parcels of land improved or to be improved by residences and excepting parcels of land currently owned by Wayne and/or Susan Senecal and excepting streets as provided in § A217-156 hereof. The open areas shall be approximately those areas designated open areas on a map dated December 12, 1983, made by Environmental Design Partnership filed in the Clifton Park Town Clerk's office.
