[Adopted 5-16-1996 by L.L. No. 1-1996;
amended in its entirety 7-20-2000 by L.L. No. 2-2000]
This local law shall be known as "Saratoga Lake
Planned Development District" and amends the Town of Stillwater Zoning
Ordinance, enacted September 30, 1974, as amended, and the Official
Zoning Map of the Town of Stillwater.
The Zoning Ordinance and the Official Zoning
Map of the Town of Stillwater are hereby amended by changing the "Subject
Premises" hereinafter described from its existing zoned district designation
of "B-2" General Business District to a planned development district
to be known as "Saratoga Lake Planned Development District," hereinafter
referred to as "development."
A.
The area
of the "development" consists of 5.298 acres located along Route 9P
in the Town of Stillwater, New York, and is bounded and described
as set forth in Appendix A, which contains a legal description of
the subject premises, and is annexed hereto and expressly made a part
thereof.[1] The subject premises is currently identified on the Tax
Maps of the Town of Stillwater as being comprised of the following
parcels:
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Section 218.20, Block 1, Lot 17
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Section 218.20, Block 1, Lot 18
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Section 218.20, Block 1, Lot 19
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Section 218.20, Block 1, Lot 20
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Section 218.20, Block 1, Lot 21
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[1]
Editor's Note: Said appendix is not included
at the end of this chapter.
B.
Additionally,
the following parcels shall comprise "Parcel A" (as described in the
attached map of Santo Associates, dated January 22, 2010) on the east
side of Route 9P and the north side of County Route 76:
[Added 5-20-2010 by L.L. No. 3-2010]
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Parcel Numbers
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|---|---|
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218.20-2-31
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218.20-2-28
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218.20-2-17.1
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C.
Parcel B.
[Added 8-16-2012 by L.L. No. 6-2012]
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Parcel Numbers
| |
|---|---|
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218.20-2-32
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218.20-2-33.2
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218.20-2-33.1
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218.20-2-34
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218.20-2-35.2
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218.20-2-35.1
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218.20-2-36
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218.20-2-37
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218.20-2-38
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218.20-2-39
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218.20-2-40.1
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218.20-2-40.2
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218.20-2-41.1
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218.20-2-41.2
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218.20-2-42
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The purpose of this local law is to establish
the nature, parameters and limits of residential and commercial uses
which are permissible on the "development." It is the further purpose
of this local law to promote flexibility and design of the "development"
by creating a cohesive mixture of residential and commercial uses
that will result in a more efficient and compatible use of land within
the "development" and with surrounding land uses, promote good site
design and visual quality, and result in a more pleasing environment
by fostering innovation in the site plan process. Stewart's Ice Cream
Co., Inc., its successors and assigns shall submit an application
and receive a SPDES permit prior to issuance of any building permits.
[Amended by L.L. No. 2-2002]
There shall be constructed within the boundaries of the development
residential units on lots designated 1, 2, 3, 4, 5, 6, 7, 8, 10 and
11.
[Amended by L.L. No. 2-2002]
The development will be subdivided as follows:
A.
Lot 1, containing 0.398 acres for a residential use
consisting of a maximum of two residential joined structures 35 feet
by 28 feet each, having a maximum 1,960 square feet on two floors
and not to exceed 30 feet in height from grade or an elevation of
210, whichever is more restrictive, exclusive of a nondetached garage.
B.
Lot 2, containing 0.562 acres for a residential use
consisting of a maximum of two residential joined structures 35 feet
by 28 feet each, having a maximum 1,960 square feet on two floors
and not to exceed 30 feet in height from grade or an elevation of
210, whichever is more restrictive, exclusive of a nondetached garage.
C.
It is hereby provided that Stewart's Ice Cream Co.,
Inc., its successors and assigns, shall provide ingress and egress
access to Saratoga Lake to lot owners of Lots 1, 2, 3, 4, 5, 6, 7,
8, 10 and 11. A conveyance by Stewart's Ice Cream, Inc., of Lot 9
shall recite subject to ingress and egress by Lots 1, 2, 3, 4, 5,
6, 7, 8, 10 and 11. There will be a maximum of one dock on Lot 9.
The number of boat slips shall be limited by the number of residential
units located on Lots 1, 2, 3, 4, 5, 10 and 11.
D.
Lots 1, 2, 3, 4, 5, 10 or 11 will be allowed to be
developed as single-family lots, provided the building does not exceed
2,300 square feet and building height does not exceed 30 feet from
grade or an elevation of 210, whichever is more restrictive. The number
of living units on each lot after it is developed shall never increase.
E.
Parcel A shall consist of 3 parcels, all which shall be permitted
to be used for any of the allowable uses within a B-2 General Business
Zone.
[Added 5-20-2010 by L.L. No. 3-2010]
Suitable cross-drainage prevention measures
will be provided to owners of property now labeled N/F Sirchia (Section
218.20 bl 1 lot 22), prior to issuance of the first building permit.
Plans for drainage shall be approved by the Town of Stillwater Engineer
and Planning Board.
Certain portions of this PDD are designated
federal wetlands. The designated federal wetlands will be shown on
all approved subdivision maps to be filed in the Saratoga County Clerk's
Office. These wetlands will be reserved, protected and preserved by
deed, in accordance with Federal Wetlands Permit No. 93-08170 to be
issued by Army Corps of Engineers. Any Army Corps of Engineers conditions
will be annotated and wetlands will be designated on all approved
subdivision maps to be filed in the Saratoga County Clerk's office.
The development is located within the one-hundred-year floodplain
as designated by FEMA. (This note shall appear on all site plans and
deeds.)
A.
The interior roads within the development shall have
a fifty-foot right-of-way, and pavement shall be 24 feet in width
and shall be constructed in accordance with the specifications of
the Town of Stillwater. The interior roads within the "development"
shall be dedicated to the Town of Stillwater. Simultaneously with
the dedication of the interior road, Stewart's Ice Cream Co., Inc.,
shall convey its interest to the Town in that strip of land located
to the east of the interior road and fronting on a portion of Lot
8 and Lot 9. The conveyance shall recite that the Town shall not be
responsible for making improvements to the land for highway purposes.
Acceptance of the initial road by the Town of Stillwater is a condition
for the release of the road performance bonds.
B.
In conjunction with this "development" the developer
will construct all roads to Town specifications and will conform with
the Town specifications at the time of dedication of roads heretofore
mentioned. The road shall be completed to binder course by the developer
prior to the issuance of any certificate of occupancy concerning this
project. Top course pavement to be installed prior to dedication to
the Town. Prior to it being a Town road, Stewart's Ice Cream Co.,
Inc., its successors and assigns will grant by deed an easement over
the proposed road. All easements will extinguish upon dedication to
the Town. The storm drainage system serving the "development" shall
be constructed by the developer and dedicated to the Town of Stillwater
as a part of the overall roadway system in accordance with the standards
and specifications of the Town of Stillwater.
Sanitary waste disposal will be provided by
connection to the Saratoga County Sewer District. All sewer facilities
will be designed and constructed in accordance with the standards
of the Saratoga County Sewer District No. 1. The developer agrees
to offer for dedication to the Saratoga County Sewer District No.
1 all completed sewer facilities at no cost to the Saratoga County
Sewer District No. 1.
Water service will be provided by interconnection
with the Saratoga Water Services, Inc., or a municipal water system.
All necessary approvals concerning the said interconnection will be
obtained from the appropriate state and local authorities, and the
actual interconnection will be completed prior to the issuance of
any building permit by the Town of Stillwater. All water facilities
will be designed and constructed in accordance with the standards
of the private transportation water company or municipal water supply.
A.
Prior to the issuance of building permits for the
buildings within the two commercial lots, the owner shall submit a
site plan for approval by the Town Planning Board of the Town of Stillwater
in accordance with the appropriate section of the Town Zoning Ordinance.
No building permits for the two commercial lots shall be issued without
final approval of the site plan by the Town Planning Board. Specifics
concerning the work allowed pursuant to such permits and any bonds
which may be required shall be established by the Planning Board during
the site plan review process of the commercial lots. The residential
lots shall not require site plan review; however formal subdivision
approval will be required.
B.
Individual certificates of occupancy must be obtained
from the Town of Stillwater Building Department by each individual
prior to occupying a building within the area of the said "development."
Stewart's Ice Cream Co., Inc., its successors and assigns shall construct
the project generally in accordance with the approved plan annexed
hereto (Appendix A).[1] However, during the site plan review process for the two
commercial lots, the exact location of parking areas, green areas
and other related matters may be changed, altered or amended during
the Town of Stillwater Planning Board review process. It is the intention
of this provision to provide Stewart's Ice Cream Co., Inc., its successors
and assigns with flexibility of design. The plan is not intended to
limit Stewart's Ice Cream Co., Inc., its successors and assigns to
specific location of buildings or parking lots, or other items.
[1]
Editor's Note: Said appendix is not included
at the end of this chapter.
[Amended by L.L. No. 2-2002]
The zoning change is hereby extended indefinitely.
There shall not be an expiration of this PDD.
A.
Except as hereinafter provided, the uses permitted
within the commercial portion of the "development" shall be retail
stores, business offices, personal services or restaurants, provided
that amusement/video arcades, gas stations, laundromats, convenience
stores and car washes shall not be permitted, as per deed restrictions.
B.
Except as herein provided, the uses permitted within the residential portion of the "development" shall be limited to no more than two attached single-family dwellings per Lot Nos. 3, 4, 5, 10 and 11, and no more than one single-family dwelling per Lot Nos. 6, 7, and 8. Lots 3, 4, 5, 10 and 11 may be further subdivided with a zero lot line between the attached single-family dwellings. The attached units shall be constructed with a party wall as per the New York State Building Code and shall conform with all other relevant provisions of the New York State Building Code. No commercial uses shall be permitted within the residential portion of the "development," except a home occupation as defined by the Town of Stillwater Zoning Ordinance, and with exceptions as noted in § 211-120D.
C.
The uses permitted within Parcel A shall be any use allowable within
the B-2 General Business Zone.
[Added 5-20-2010 by L.L. No. 3-2010]
Due to Army Corps of Engineers (ACOE) wetland
designated areas, which severely limit the actual areas for development,
the minimum setbacks required for front, rear and side will be 10
feet from any right-of-way or property line, five feet from any ACOE
district line.
[Added 8-16-2012 by L.L. No. 6-2012]
The commercial parcels within the PDD boundaries shall henceforth
comply with the dimensional requirements of the B-2 General Business
Zone. However, the Planning Board has discretion to modify the commercial
landscaping requirements otherwise applicable as it deems appropriate
within this PDD.
Copies of the final approved site plan of the
"development" shall be filed with the Planning Board, the Town Clerk
and the Code Enforcement Officer of the Town of Stillwater.
Each separate provision or section of this local
law shall be deemed independent of all other provisions or sections
herein, and if any provision or section shall be deemed or declared
invalid, all other provisions or sections hereof shall remain valid
and enforceable.
Prior to the issuance of building permits for
buildings within this district Stewart's Ice Cream Co., Inc., its
successors or assigns, shall file performance bonds or letters of
credit in the amounts and for the time periods required by the Town
Planning Board and acceptable as to amount and form by the Town Engineer
and Town Attorney; to guarantee such performance and/or completion
of the requirements of this Planned Development District Ordinance,
including:
The Town of Stillwater Planning Board as lead
agency for this project pursuant to the State Environmental Quality
Review Act has adopted a negative declaration, a copy of which is
annexed hereto and made a part hereof and designated Appendix B.[1] The developer agrees to comply with all the mitigating
measures which are a part thereof at no cost to the Town. No certificate
of occupancy will be issued until mitigating measures are complete.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
The developer shall pay the Town of Stillwater
pursuant to Section 24.9 of the Zoning Ordinance, Subdivision Rules
and Regulations,[1] or amendments thereto, for the fees incurred by the Town
for the review of this project including inspections related to the
construction of the infrastructure contemplated herein.
Stewart's Ice Cream Co., Inc., its successors
or assigns, shall pay the Town of Stillwater a sum of money per lot
as a payment in lieu of green space. The payment shall be made at
the rate of $400 for each lot. Payment shall be made at the time of
final plat approval and no plat shall be signed by the Chairman of
the Planning Board until such payment is made.
This local law shall take effect on filing with
the Secretary of State.
In case any provision of this local law should
be held to be contrary to or invalid under the law of any county,
state, or other jurisdiction, such illegality or invalidity shall
not affect in any way any of the other provisions hereof, all of which
will continue, nevertheless, in full force and effect; any provision
which is held to be illegal or invalid in any county, state or other
jurisdiction shall nevertheless remain in full force and effect in
any county, state or jurisdiction in which such provision is legal
and valid.
Stewart's Ice Cream Co., Inc., shall include
in every conveyance the following deed restrictions:
A.
Activity conducted on any lot subject to this declaration
shall be subject to any and all regulations set forth:
(1)
No noxious or offensive activity shall be carried
out upon any lot, nor shall anything be done thereon which may be
or may become an annoyance or nuisance.
(2)
No commercial vehicles with gross vehicle weight
in excess of 15,000 pounds shall be garaged or stored on any lot.
(3)
No animals, livestock or poultry of any kind
shall be raised or bred upon any lot. Nothing contained herein shall
prevent the harboring of domestic animals, not to exceed three in
number.
(4)
Rubbish, trash, garbage or other wastes shall
be kept in sanitary containers and shall not be in public view except
on collection days.
(5)
No junked or unregistered vehicles shall be
stored on any lot; nor may any repairs to vehicles be conducted on
any lot. Furthermore, no boats of any kind shall be stored outside
on any lot; nor may any repairs to boats be conducted upon any lot.
Furthermore, no motorized recreational vehicles of any kind shall
be stored outside on any lot; nor may repairs to motorized recreational
vehicles be conducted upon any lot.
(6)
Each residential unit is for single-family use.
Four or more unrelated persons occupying any dwelling house upon the
lot shall be deemed to be more than a single family and shall constitute
a violation of these restrictions.
(7)
No signs of any kind shall be erected upon any
lot except a "For Sale" sign not to exceed six square feet in total
area.
(8)
No temporary structure shall be erected on any
lot including a shack or trailer, excepting a playhouse for children's
recreation or construction trailer, or a small shed not to exceed
120 square feet and must comply with minimum setback requirements
as herein stated with a minimum five-foot setback from any building
and further excepting a construction trailer for use while the dwelling
is being initially constructed and sold.
(9)
No aboveground pools may be constructed. In-ground
pools shall be screened with evergreen vegetation and shall be enclosed
by a fence.
(10)
No burning shall be conducted upon any lot,
nor accumulation of litter, nor storage of building material, except
in connection with on-site construction.
(11)
No exterior television or radio antennas shall
be constructed upon any lot or dwelling house, which shall be visible
from the street or from neighboring dwelling units (excepting any
satellite dish not to exceed 18 inches in diameter).
(12)
Fences shall not exceed four feet in height.
Fences being constructed shall be either vertical wood or horizontal
rustic split rail or painted picket of a muted color.
(13)
All construction or work whether of the principal
residence or any outbuilding, shed or shack or any fence shall be
of muted or earth tones, with no garish colors whose physical characteristics
shall not coincide with the aesthetic nature of the surrounding properties.
(14)
Lots 1, 2, 3, 4, 5, 10 and 11 may be further
subdivided with a zero lot line between the attached single-family
dwellings. The attached units shall be constructed with a party wall
as per the applicable building code existing at the time of application
of a building permit to the Town of Stillwater Building Department
and shall conform with all other relevant provisions of the applicable
building code.
[Amended by L.L. No. 2-2002]
(15)
The residence to be erected upon said lot shall
be completed and ready for occupancy including driveways, lawns and
landscaping to the pavement edge within one year from the commencement
of its construction.
