[Adopted 4-12-1993 by L.L. 5-1993]
This local law shall be known and may be cited
as "Local Law No. 5-1993, of the Town of Clifton Park, 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,' Providing
for the Creation of a Planned Development District to be Known as
Planned Development District No. 36, Lodge No. 2466, Benevolent and
Protective Order of the Elks."
Local Law No. 2-1967, of the Town of Clifton
Park, entitled "Local Law Relating to Zoning for the Town of Clifton
Park," and any and all prior and subsequent amendments thereto affecting
the subject premises and the Zoning Map of the Town of Clifton Park,
as set forth therein and made a part thereof, are hereby amended by
changing from Agricultural and Rural Residence (R-R) a portion thereof,
as hereinafter described, and creating within the boundaries of said
area a planned development district to be known and described as "Planned
Development District No. 36, Lodge No. 2466, Benevolent and Protective
Order of the Elks."
The area of said Planned Development District
No. 36, Lodge No. 2466, Benevolent and Protective Order of the Elks,
consists of approximately 24.407 acres of land located westerly of
MacElroy Road, southerly of Hubbs Road, northerly of New York State
Route 146A and easterly of Ashdown Road and is bounded and described
in Exhibit A attached hereto and made a part hereof.[1]
[1]
Editor's Note: Exhibit A is on file in the
Town Clerk's office and may be viewed there during regular office
hours.
A.
The development of the Lodge No. 2466, Benevolent
and Protective Order of the Elks, 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 may be changed, altered or amended
by approval of the Planning Board.
B.
The area will consist of an Elks Lodge suitable for
member use and for community fund raising events and multi-use recreational
facilities, including, but not necessarily limited to, softball/baseball
fields with bleachers, horseshoe pits, boccie courts, swimming pool,
volleyball courts, tennis courts, basketball courts and a picnic pavilion
with cooking facilities.
[Amended 7-21-2014 by L.L. No. 4-2014]
(1)
A one-hundred-foot by one-hundred-foot portion of the area, identified as Tax Map No. 258.--2-84.1, shall consist of a one-hundred-seventy-foot-tall monopole with wireless telecommunications antennas and related equipment shelters at the base thereof secured within a seventy-foot by seventy-foot fenced compound, together with a twelve-foot-wide access driveway and utilities within a thirty-foot-wide easement from MacElroy Road to the fenced compound as described on the attached sketch plan (the “wireless telecommunications facility site”). The monopole at the wireless telecommunications facility site may be located as described on the attached sketch plan, notwithstanding any provision of § 208-95 of the Town Zoning Code to the contrary.[1]
[1]
Editor's Note: Said sketch plan is on file in the Town offices.
(2)
Said development is described according to a sketch plan serving
as a preapplication plan, which is incorporated herein by reference.
The sketch plan has been reviewed and approved by the Planning Board
and accompanies this legislation in the files of the Town Clerk. The
sketch plan may be changed, altered or amended by approval and recommendation
of the Planning Board.[2]
[2]
Editor's Note: Said sketch plan is on file in the Town offices.
For vehicular traffic purposes, there will be
one point of ingress and egress on MacElroy Road, as shown on the
sketch plan of the Lodge No. 2466, Benevolent and Protective Order
of the Elks.
There will be on-site water and sewerage facilities.
Any approval of this planned development district is subject to and
contingent upon proper approvals of water supply and sewerage facilities
by the proper state and local agencies.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in full compliance with the New York State Uniform
Fire Prevention and Building Code. When completed, these improvements
shall be certified as having been constructed in full compliance with
the New York State Uniform Fire Prevention and Building Code. The
engineer and/or architect performing the work herein described shall
be employed by and at the sole expense of the owner. All construction
shall be subject to the inspection and approval by the appropriate
officials of the Town of Clifton Park.
Before any construction within the planned development
district is commenced or any building permit relating thereto is issued,
final site plans and specifications shall be submitted to the Town
Planning Board for its approval and shall be approved by the Town
Planning Board. Such final plans and specifications shall be filed
with the Town Clerk and the Planning Board, after approval thereof
by the Town Planning Board.
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 Planned Development District No. 36, Lodge
No. 2466, Benevolent and Protective Order of the Elks, 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. For proper cause shown, the Town Board may, under such
terms and conditions as it deems proper, waive either or both of said
requirements by resolution, without first conducting a public hearing
thereon.
Section 101 of the said Local Law No. 2-1967,
entitled "Zoning Map" is hereby amended by providing that the said
Planned Development District No. 36, Lodge No. 2466, Benevolent and
Protective Order of the Elks, be set forth on Supplementary Map No.
36, which is hereby made a part of this local law.[1]
