[Adopted 12-16-1982 by Ord. No. 1-1982]
This ordinance shall be known and may be cited
as "Ordinance No. 1 of 1982 of the Town of Stillwater, Saratoga County,
New York," amending the Town of Stillwater Zoning Ordinance, as adopted
on April 1974 and as last amended and providing for the creation of
Planned Development District No. 1, to be known as "Pine Ridge."
The Zoning Ordinance of the Town of Stillwater,
and the Zoning Map of the Town of Stillwater set forth therein and
made a part thereof, are hereby amended in accordance with Sections
15 and 24 of said ordinance, by changing from the existing B-2 General
Business and R-R Residential Districts the zoning classification of
the property hereinafter described to that of a planned development
district to be known and described as "Pine Ridge."
The area of Pine Ridge consists of approximately
18.6 acres in the Town of Stillwater and is bounded and described
as set forth in Appendix A (legal description) and Appendix B (sketch
on Town Zoning Map) attached hereto and made a part hereof.[1] The area is located in the northwesterly portion of the
Town of Stillwater, generally being to the south of New York State
Route 9P and to the east of Saratoga County Route 76.
[1]
Editor's Note: Said appendixes are included
at the end of this chapter.
[Amended 5-18-1989 by Ord. No. 5-1989]
The Pine Ridge Planned Development District
will include no more than 68 multifamily residential dwelling units,
occupying approximately 18.6 acres, as clustered townhouses. Approximately
6.0 acres of recreation open space and revegetated area will be provided,
and approximately 2.7 acres will be occupied by roadways, buildings,
and parking areas. The preliminary development plan, as specified
in Section 15.3 of the Town of Stillwater Zoning Ordinance, which
illustrates the above-described land uses, is set forth as Appendix
C which is attached hereto and made a part hereof.[1] A copy of this preliminary development plan is on file
in the office of the Town Clerk of the Town of Stillwater. The preliminary
development plan may only be substantially amended, or modified, after
a public hearing by the Town Board.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
Water shall be supplied to Pine Ridge by one
or more central water supply system(s) and facilities to be provided
by developer in accordance with the provisions of New York State law
and all Town specifications for materials and workmanship. The developer
shall obtain all required permits and approvals. The Town Board, as
a condition to giving consent to the incorporation of any waterworks
corporation to serve Pine Ridge pursuant to § 41 of the
Transportation Corporations Law shall have the right to require the
execution of an agreement between the Town, the developer and the
waterworks corporation to assure the working integrity of the water
supply system, and the continued supply of water to the Pine Ridge
Development without cost to the Town. The agreement may require:
A.
That the developer post completion bonds and labor
and materials payment bonds;
B.
That the developer assume responsibility for the operation
and maintenance of the waterworks system for a ten-year period notwithstanding
the fact that ownership of the system will be transferred to the waterworks
corporation upon completion of the system;
C.
That in the event the developer or the waterworks
corporation fails to satisfactorily maintain and operate the water
supply system, or in the event the system is abandoned, the Town shall
have the right to take over and operate the system without any right
of payment or reimbursement to the developer or the waterworks corporation.
Sanitary sewage service for Pine Ridge will
be provided by connection to Saratoga County Sewer District No. 1.
The developer shall be responsible for the installation of the above-described
facilities in accordance with all Town, county and New York State
specifications regarding materials and workmanship. The sewerage facilities
within Pine Ridge will be constructed and maintained in accordance
with all New York State requirements. The developer will provide a
performance bond for the five-year term specified in § 119
of the Transportation Corporations Law.
A.
All streets and roadways shall be constructed in accordance
with applicable Town specifications for the construction of streets
in the Town of Stillwater. The developer may, upon satisfactory completion
of said streets and roadways, request that these improvements, together
with the required rights-of-way, be accepted by, and dedicated to,
the Town of Stillwater without cost to the municipality. Since the
streets and roadways may be offered for dedication by the developer
after said streets have been constructed, the developer shall give
the Town Superintendent of Highways an opportunity to inspect the
construction of said streets before the pavement is installed. The
Superintendent of Highways shall be given at least 48 hours' written
notice to inspect said streets before the pavement is installed. Regardless
of whether or not the developer offers the streets for dedication
as Town roads, the Town Planning Board, shall insure that the streets
are of sufficient width to accommodate traffic and to provide access
for fire-fighting equipment.
B.
The developer shall provide a second street, or divided
street, for ingress and egress to Phase III of Pine Ridge simultaneously
with its submission of development plans for Phase III. The developer
shall also provide adequate space for school busses to load and unload
students beside the public highway adjoining Phase II of the development
(County Road No. 76).
The developer may phase Pine Ridge in up to
three separate phases as illustrated in the preliminary development
plan and may submit development plans pursuant to Section 15.4 of
the Town of Stillwater Zoning Ordinance for review and approval in
accordance with said phased development approach. Development shall
be commenced no more than two years from the receipt of final approval
and necessary permit issuance by all regulatory agencies having jurisdiction
of this development.
Development plan(s) for Pine Ridge, submitted
in accordance with the provisions of Section 15.4 of the Town of Stillwater
Zoning Ordinance, shall be reviewed by the Town Planning Board and
acted upon by the Town Board, as specified in Section 15.2A of said
ordinance. The development plan shall be deemed to be in substantial
compliance with the preliminary development plan provided modification
by the developer does not: 1) violate any provision of this ordinance;
2) involve a reduction of more than 5% of the total site area reserved
for common open space or recreational use; or 3) increase the number
of residential dwelling units by more than 10%. If it is found by
the Town Board that the development Plan(s) is (are) not in compliance
with the previously approved preliminary development plan, the developer
shall submit a revised development plan to the Town Board for a review
of such changes.
All improvements in Pine Ridge shall be designed
and constructed pursuant to plans and specifications approved by a
duly licensed design professional in compliance with the applicable
provisions of the New York State Building Code. The duly licensed
design professional(s) performing the above-described work shall be
employed by, and at the sole expense of the developer. All construction
upon completion shall be subject to the inspection and approval of
the Town Building Inspector, or Zoning Enforcement Officer, Town Engineer,
Town Highway Superintendent, or other appropriate persons, as may
be applicable. Final approvals and plans shall be filed in the office
of the Town Clerk.
This ordinance shall take effect 10 days after
approval by the Town Board and posting and publishing in the official
newspaper of the Town as required by § 265 of the Town Law.
