This local law shall be known and may be cited
as "Local Law No. 8-1993, 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. 37; Eagle Crest Plantation.'"
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) and Light Industrial
(LI) 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. 37, Eagle Crest
Plantation."
The area of said Planned Development District
No. 37, Eagle Crest Plantation, consists of approximately 208.32 acres
of land located in the southeast quadrant of the intersection of New
York State Route 146A and Waite Road, northerly of the lands of the
B&M Railroad and is bounded and described in Exhibit A attached
hereto and made a part hereof.
For vehicular traffic purposes, the multi-use
recreational facilities will utilize two points of ingress and egress
on New York State Route 146A, as shown on the aforementioned sketch
plan of the Eagle Crest Planned Development District. The existing
and proposed detached single-family residences shall be accessed by
way of combined driveways off of New York State Route 146A and Waite
Rd.
There will be on-site water and septic 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. 37, Eagle
Crest Plantation, 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. 37, Eagle Crest Plantation, be set
forth on Supplementary Map No. 37, which is hereby made a part of
this local law.