This article shall be known and may be cited
as "Local Law No. 1 of 2008," providing for the creation of a planned
unit development district to be known as "Conifer Village Senior Housing
Planned Development District."
Local Law No. 1 of 2008, entitled "Conifer Village
Senior Housing Planned Development District," and further amending
Local Law No. 10 of 1996 of the Town of Clifton Park entitled "Local
Law relating to the Zoning for the Town of Clifton Park and the Zoning
Map of Clifton Park," as set forth therein and made a part thereof,
be and the same is hereby amended, by changing from Corporate Commerce
Zone, constituting approximately 23± acres, as hereinafter
described in Exhibit A, attached hereto and made a part hereof, designating and
creating the boundaries of such newly described area as a planned
unit development district to be known as "Conifer Village Senior Housing
Planned Development District."
The area of said Conifer Village Senior Housing
Planned Development District consists of approximately 23.42±
acres located at the southeasterly intersection of New York State
Route 146 and Waite Road, and bounded and described specifically on
Exhibit B, attached hereto and made a part hereof. The properties
that are to be subject of this Conifer Village Senior Housing Planned
Development District consist of 2007 Tax Map Parcel Nos. 270.00-1-23.1
and 270.00-1-22 (the "Property").
Water shall be provided by the Clifton Park
Water Authority. The sewer system is to be serviced through the Saratoga
County Sewer District No. 1, utilizing the Corporate Commerce Water
District and the Corporate Commerce Sewer District.
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 and/or developer.
All construction shall be subject to inspection and approval by the
appropriate officials of the Town of Clifton Park.
Prior to commencement of any phase of construction
within the Conifer Village Senior Housing Planned Development District,
or prior to the issuance of any building permit, final site plans
and specifications shall be submitted to the Planning Board for its
review and approval in accordance with the Town Code of the Town of
Clifton Park.
Local Law No. 10 of 1996, entitled "Zoning Code
of the Town of Clifton Park," is hereby amended by providing that
said Conifer Village Senior Housing Planned Development District be
set forth on the Town Zoning Map.
This Conifer Village Senior Housing Planned
Development District shall have an approval until February 11, 2010,
and will be vested at the time that the DHCR issues tax credit for
the construction of senior housing on the property.
Notwithstanding §
A217-384, above, this amendment shall be deemed automatically revoked and void and the previous regulations shall apply if DHCR tax credits are not obtained allowing the project to go forward as planned, and within 36 months from the effective date of this article, commencement of the construction of dwelling units has not begun or, if after construction has begun, unless substantial progress continues without undue interruption thereafter. For proper cause shown, the Town Board may, under such terms and conditions as it deems proper, waive the requirement that substantial progress continue without undue interruption.