[Adopted 12-4-1997 by L.L. No. 3-1997]
This local law shall be known and may be cited
as "Local Law No. 3, 1997, of the Town of Stillwater" entitled "Local
Law Relating to Zoning for the Town of Stillwater Providing for the
Creation of a Planned Development District To Be Known as Saratoga
Glen Planned Development District."
The Zoning Ordinance of the Town of Stillwater
entitled "Local Law Relating to Zoning for the Town of Stillwater"
dated August 27, 1974, and the Zoning Map of the Town of Stillwater,
as set forth therein and made a part thereof, and as the same may
be amended from time to time, be and the same hereby is amended by
changing from Rural Residential (R-R) and Residential (R-1) Districts,
the underlying zone, a portion thereof, as hereinafter described,
and creating within the boundaries of said newly described area a
planned development district to be known as "Saratoga Glen Planned
Development District."
The area of said Saratoga Glen Planned Development
District consists of approximately 128.4 acres be the same more or
less and is bounded and described as set forth in Appendix A, attached
hereto and made a part hereof,[1] and which Appendix A contains a metes and bounds description
of the lands constituting the planned development district herein.
The area of said planned development district is located near the
south end of Saratoga Lake, between County Route 76 (Lake Road) and
Cold Springs Road in the Town of Stillwater, east of the division
line between the Town of Stillwater and the Town of Malta. The area
is to be developed in accordance with this local law upon the application
of TDNI Properties, hereinafter referred to as the "owner," and for
purposes of this local law the term "owner" shall include its successors
and or assigns.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
The purpose of this local law is to provide
for the rezoning of certain land to residential and commercial in
part in conformance with certain provisions and standards hereinafter
set forth which insure compatibility among all land uses of the Town
of Stillwater, and to foster innovation in site planning and development
and which encourage sound design practices. It is the further purposes
of this local law to promote flexibility and design of the "development"
by creating a cohesive mixture of diverse uses of residential and
commercial uses in a compatible and unified plan of development which
shall be in the interest of the general welfare of the public and
which will result in a more efficient and compatible use of land within
the "development" and with surrounding land uses, and in accordance
with conditions and standards designed to mitigate environmental impacts
as needed. This local law establishes the nature, parameters and limits
of the described residential and commercial uses herein which are
permissible on the "development."
A.
The development shall be developed by TDNI Properties,
its successors or assigns, in phases, with no more than 40 units per
year being constructed. The zoning change for this planned development
district for the Saratoga Glen Planned Development District project
shall expire if all lots are not completed with five years of the
adopting of the planned development district by the Town Board of
Stillwater. However, the owner shall have the right to apply to the
Town of Stillwater for one two-year extension provided the owner has
demonstrated its best efforts in the development process. Any extensions
granted shall be subject to the restriction that no more than 40 units
per year shall be constructed. In the event the development is not
completed within the five years, or any extension period granted,
then the zoning shall revert to the original zoning.
B.
The development of the Saratoga Glen Planned Development
District shall be constructed on approximately 85.6 acres of land
be the same more or less of the approximate total acreage of 128.4
acres, a maximum of 148 single family lots, 11 townhouse lots with
a total townhouse dwelling units of 34, for a combined maximum total
of 182 residential units at a maximum density of 1.5 units per acre,
together with a maximum of six commercial lots situate on approximately
5.7 acres of land be the same more or less, and upon which there shall
be constructed approximately 15,000 square feet of building(s) together
with adjunct parking and facilities. Permitted commercial uses, for
purposes of this local law, shall include retail stores, personal
service shops (i.e. barber, beauty parlor, shoe repair, laundry collection
station, laundromat, florist, etc.) office, bank, retail stores, business
offices, government buildings, indoor recreation, professional services,
accessory uses and parking. All uses are subject to site plan approval
in accordance with the Town of Stillwater Zoning Ordinance.
C.
The development of the Saratoga Glen Planned Development
District in its entirety has been presented and is described according
to a plan of development filed with the Town Planning Board of the
Town of Stillwater as modified by a final environmental impact statement
dated October 23, 1996, and the Findings Statement thereto, heretofore
issued and adopted by the Planning Board of the Town of Stillwater
on January 20, 1997, in accordance with the provisions of the New
York State Environmental Quality Review Act.[1] The particulars of the development are as hereinafter
set forth.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
The approximate total acreage of 128.4 acres
of land be the same more or less shall be subdivided into a maximum
of 159 lots, with a total of 182 units, inclusive of townhome lots,
and a maximum of six commercial lots, with lands of Saratoga Glen
Hollow Water Supply Corporation (erroneously designated thereon as
lands of "Saratoga Glen Hollow Water Work's, Inc.") to remain as originally
configured, all as conceptually shown on the map entitled, "Saratoga
Glen PDD Preliminary Development Plan" made and drawn by The Environmental
Design Partnership, and dated October 8, 1997, hereinafter referred
to as "development plan," which map shall be superseded by the actual
subdivision plat approved by the Stillwater Planning Board and filed
in the Saratoga County Clerk's Office.
A.
The setbacks for all residential lots to be constructed
in accordance with the provisions of this local law shall be as follows:
(1)
Minimum front yard setback: 30 feet from property
line except that it shall be 30 feet from any applicable front yard
buffer zone: the setback for lots with front yards adjacent to the
100 feet buffer along Cold Springs and Lake Roads shall be measured
from the buffer zone and not from the property line.
(2)
Minimum rear yard setback: 30 feet from property
line except that it shall be 30 feet from any applicable rear yard
buffer zone: the setback for lots with rear yards adjacent to the
100 feet buffer along Cold Springs and Lake Roads shall be measured
from the buffer zone and not from the property line.
(3)
Minimum side yard setback: 10 feet from property
line.
B.
The minimum lot width as measured at the front building
line setback shall be 85 feet. In addition, the owner, its successors
and/or assigns may, upon complying with all relevant statutes, regulations,
standards and other requirements of the Town of Stillwater, and other
local or state agencies having jurisdiction thereof, including specifically
the Town of Stillwater Subdivision Regulations,[1] and after obtaining Planning Board approval for same,
may subdivide the subject premises into such lots as shown on a subdivision
map provided no such lot contains less than 14,000 square feet, and
provided that each lot shall meet the foregoing setback requirements.
C.
In addition, the owner shall incorporate an area comprised
of the one-hundred-foot minimum vegetative buffer (herein referred
to as the "buffer zone," along the Cold Springs Road and Lake Road
rights-of-way within the residential portion of said development.
Approximately 36 acres of open space, as hereinafter specified, shall
be set aside for active and passive recreational use in the manner
set forth on the development plan. Said buffer zone shall be a no
disturbance area such that no structures shall be placed within same
and no trees shall be removed from same.
A.
The building within each commercial lot shall have
building coverage not to exceed 50% of the whole lot, with required
set backs as follows:
B.
There shall be a minimum 100 feet building setback
from the townhouse residential property line.
C.
Building heights shall be kept to a maximum of 60
feet. The architectural character shall be subject to approval by
the Town of Stillwater Planning Board during the site plan review
Process.
All residential and commercial lots shall be
serviced by municipal sewer service, which shall be connected to the
Saratoga County Sewer District No. 1. All sewer hookups to the said
sewer system shall be constructed and/or installed in accordance with
the specifications of the Saratoga County Sewer District No. 1. The
owner 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.
All residential and commercial lots shall be
serviced by Saratoga Glen Hollow Water Supply Corporation, a transportation
corporation heretofore duly formed and established with permission
of the Town of Stillwater in accordance with the requirements of the
Transportation Corporations Law of the State of New York, and operated
in accordance with the rules, regulations, standards and specifications
of New York State Public Service Commission, the State of New York
Department of Environmental Conservation, and the New York State Department
of Health. The owner shall construct a water supply distribution system
within the lands of the planned development district in order that
the residential and commercial inhabitants therein may be provided
and serviced with water by said Saratoga Glen Hollow Water Supply
Corporation. The construction of the water supply distribution system
is subject to the approval by the Town of Stillwater Planning Board,
or its duly authorized designee, the designated engineer for said
Planning Board and the Town's Building Inspector as the case may be.
The storm drainage system serving the roads
(and footing drains if needed) to be constructed within the lands
of the planned development district shall be constructed in accordance
with the standards and specifications of the Town of Stillwater and
as outlines in the Environmental Impact Statement and said storm drainage
system shall be dedicated by owner to the Town of Stillwater as a
part of the overall roadway system. The storm drainage system is subject
to the approval by the Town of Stillwater Planning Board, or its duly
authorized designee. Storm drainage easements shall be granted to
the Town of Stillwater for maintenance and replacement of underground
piping and stormwater management facilities located outside the road
right-of-way.
A.
The first phase of the development herein consisting
of the construction of 40 units, will include the construction of
a road with a paved base course in front of all units for access purposes;
the remainder of the road accessing said units will be graded to connect
with Cold Springs Road and to a width to allow for emergency access,
said grading and width to be delineated at site plan review. Thereafter,
at the issuance of the 41 building permits, owner shall commence realignment
and reconstruction from Cold Springs Road and Lake Road to the Whitney
Drive intersection. At the time of completion of such improvement,
the "Weber" land (i.e. a portion of Tax Map parcel No. 230-1-5) shall
be dedicated to the Town of Stillwater. No certificates of occupancy
shall be issued until said construction is complete and said dedication
accepted by the Town Board.
B.
The remaining interior roads within such lands shall
have either a fifty-foot or sixty-foot right-of-way as may be determined
at site plan review, and pavement shall be 24 feet in width and shall
be constructed in accordance with the specifications of the Town of
Stillwater. All interior roads within the planned development district
shall be dedicated to the Town of Stillwater. Acceptance of such roads
by the Town of Stillwater is a condition for the release of the roads'
performance bonds.
C.
The owner shall construct all roads required to be
constructed herein to Town specifications as same may be in full force
and effect at the time of dedication of roads required to be dedicated
herein to the Town of Stillwater. Roads shall be completed to binder
course by the owner prior to the issuance by the Town of Stillwater
of certificates of occupancy concerning this project. All top course
pavements shall be installed prior to dedication to the Town of the
road, or a bond or letter of credit shall be posted or provided as
the case may be which covers the cost of said paving. The owner shall
grant to the Town of Stillwater a temporary easement for ingress and
egress prior to the Town's acceptance of same and the complete dedication
to the Town as a Town road and said easement shall be deemed to expire
and terminate upon said dedication.
D.
All stormwater management areas shall also be bonded
at each phase of construction.
E.
The construction of and acceptance of all roadways
is subject to the approval by the Town of Stillwater Town Board, or
its duly authorized designee, the designated engineer for said Town
Board, and/or the Town Superintendent of Highways, and/or the Town
Building Inspector as the case may be.
F.
The owner shall improve other roads in accordance
with the provisions of the Findings Statement, heretofore issued and
adopted by the Planning Board of the Town of Stillwater in accordance
with the provisions of the New York State Environmental Quality Review
Act, as hereinbefore referred to.
G.
The owner shall dedicate certain lands consisting
of a "stub road," simultaneously with abutting road, to the Town of
Stillwater within the lands of the planned development district and
between Lots 13 and 15 as shown on Sheet 2 of 4 a map of subdivision
prepared by the Environmental Design Partnership, said map entitled
"TDNI Properties Owners of Saratoga Glen Hollow PDD" and dated October
8, 1997. Neither TDNI Properties as the owner herein and in the capacity
of same, nor the Town of Stillwater, shall be responsible for making
improvements to such land for highway purposes.
A.
The lands consisting of the planned development district
herein contain in part, portions thereof of approximately 10 acres
of lands heretofore designated as "federal" wetlands and such wetlands
generally situate within designated open space areas. All such land
areas designated as "federal" wetlands will be shown on all approved
subdivision maps to be filed in the Saratoga County Clerk's Office
noting that no construction shall occur on said wetlands in order
to protect and preserve same, and all of the foregoing shall be in
accordance with the Findings Statement, heretofore issued and adopted
by the Planning Board of the Town of Stillwater in accordance with
the provisions of the New York State Environmental Quality Review
Act.
B.
Open space of the planned development district shall
include in part lands consisting of said wetlands. Said open space
shall also include the area comprised of the one-hundred-foot minimum
vegetative buffer along the Cold Springs Road and Lake Road right-of-way
within the residential portion of said development, all as previously
referred to.
C.
Approximately 36 acres of the entire lands of the
planned development district shall be set aside for active and passive
recreational use by owner. The owner shall grade and levels areas
to be determined by the Planning Board suitable for active recreational
areas during the build out of the project and owner shall retain all
rights to remove off site all soils and deposits from said grading,
with proper permits as may be required. The grading of the active
recreational area shall be complete by the issuance of the 80 building
permits. The owner shall seed graded areas as may be applicable.
D.
The owner shall install a trail system through the
open space and as linkages to developed areas in connection with site
plan approval, to be determined by the Planning Board.
E.
The Town of Stillwater shall accept the owner's dedication
to it of certain lands of the planned development district commonly
referred to as open space, green space, recreational areas and trails,
in lieu of a sum of money in accordance with applicable provisions
of the Town Law, and Town of Stillwater Zoning Law.
Prior to the issuance of any building permits,
the owner shall have received a SPDES permit. Further, before construction
of any building in Saratoga Glen Planned Development District is started,
or any building permit is issued relating thereto, final plans, specifications
and proposed uses for each such building shall be submitted to the
Town Planning Board and upon approval by the Town Planning Board,
the final plans and specifications for Saratoga Glen Planned Development
District or any section thereof or any building to be constructed
thereon shall be filed with the Town Clerk and the County Clerk. In
addition, prior to the issuance of a building permit, the Town Board
shall approve as to the form and sufficiency of any performance bond
obtained by the owner, TDNI Properties and as to the acceptability
of any offers of cession, deeds, or restrictive covenants, as the
case may be.
A.
The maximum number of residential and commercial units
that may be constructed herein, may be adjusted downward by the Planning
Board during site plan review, in the event that detailed site information
and grading plans do not support the maximum density for the development.
B.
The Planning Board may, at site plan review, authorize
the conversion of a townhouse lot to a single family lot, subject
to the construction of one single family home per lot, should it not
be feasible to develop a townhouse lot in a case where owner cannot
meet engineering criteria for grading for such lot.
C.
The final layout and design of all lot development,
road and parking configuration, and open space are subject to modification
by the Town Planning Board when final plans and specifications are
submitted for site plan review purposes together with grading information.
D.
Lands of the owner constituting the planned development
district shall be subdivided in phases for no more than 40 residential
units and each such subdivision shall be and is subject to the requirement
that no more than 40 residential units may be constructed thereto
per year. The subdivision for the first phase of the planned development
district shall include subdivision for all applicable utility easements
and roads and thoroughfares to be dedicated for the entire planned
development district. Notwithstanding the foregoing, said owner may
apply for conditional subdivision approval for remaining requisite
phases of the subdivision, subject to the provisions of this local
law and shall thereafter, apply for final subdivision approval for
the respective phases. The owner may at any time include in its application
for subdivision approval, subdivision for its commercial lots as set
forth in this local law.
E.
All final subdivision maps which shall be filed shall
bear a note endorsed thereon as follows:
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"This subdivision is subject to the requirement
that no more than 40 residential units as shown hereon may be constructed
per year. The zoning for this subdivision is subject to the provisions
of Local Law No. 3 of 1997 and the expiration therefore as set forth
therein."
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The Planning Board of the Town of Stillwater
as Lead Agency for the proposed development of owner has heretofore
on January 20, 1997, and pursuant to the New York State Environmental
Quality Review Act adopted and issued a Findings Statement, and same
in its entirety is incorporated herein by reference as if the text
thereof was fully set forth herein. The owner agrees to comply with
the mitigating measures which are set forth therein at the sole cost
and expense of the owner unless as otherwise set forth therein.
A.
Prior to the commencement of work or the issuance
of building permits as noted below, the developer shall file performance
bonds or letters of credit in amounts and for the time period required
by, and acceptable as to amount and form by the Town's Engineers and
the Town's Attorney to guarantee such performance and/or completion
of the requirements of the area under development as defined by the
Town Engineer and Building Inspector including, but not limited to
the following:
B.
The performance bonds may be reduced by the Town as
construction progresses. It shall not be reduced to less than the
amount determined for that construction which is still uncompleted,
plus 20% of the amount determined for that construction which is completed
and approved. It shall be kept in effect for one year after the final
inspection. It shall then be released provided the owner has prepared
"as-built" plans.
The owner shall reimburse to the Town of Stillwater
pursuant to Section 24.9 of the Zoning Ordinance, Subdivision Rules
and Regulations, or amendments thereto, for the fees incurred by the
Town for the review of the owner's project, including inspections
related to the construction of the infrastructure contemplated therein.
The Town of Stillwater Zoning Ordinance dated
August 27, 1974, enacting a Town of Stillwater Zoning Map, is hereby
amended by providing that said Saratoga Glen Planned Development District
be set forth on the Zoning Map of the Town of Stillwater and on any
supplementary map later adopted by the Town Board, and of which are
hereby made a part of this local law.
If any part of this local law is for any reason
held to be unconstitutional or invalid, such decision shall not affect
the remainder of this local law.
This local law shall take effect upon being
filed in the Office of the Secretary of State.
