[Adopted 11-18-1993 by Ord. No. 2-1993; amended in its entirety 5-17-2012 by L.L. No.
5-2012]
This planned development district shall be known as "Winding
Brook" and amends the Town of Stillwater Zoning Ordinance enacted
September 30, 1974, as amended, and the Zoning Map of the Town of
Stillwater.
The Zoning Ordinance and Zoning Map of the Town of Stillwater
are hereby amended by changing the subject premises hereinafter described
from its existing zoned district designations of R-1 Residential District
and B-2 General Business District to a Planned Development District-Residential/Commercial
to be known "Winding Brook."
[Amended 3-1-2018 by L.L.
No. 2-2018]
The purpose of this ordinance is to establish the parameters
and limits of residential and commercial growth on the subject premises.
It is the further purpose of this ordinance to promote flexibility
in the development and design of the subject premises by creating
a single-family detached residential development, a multifamily (condominium)
development and commercial development that will result in a more
efficient use of the land, promote good site design and visual quality
and result in a more pleasing environment by fostering architectural
innovation in site planning.
[Amended 3-1-2018 by L.L.
No. 2-2018]
The area of the Planned Development District-Residential/Commercial
to be known as "Winding Brook" consists of 73.5 acres located along
New York State Route 423 (Battlefield Road) in the Town of Stillwater,
New York, and is more particularly bounded and described on Appendix
A (legal description)[1] and Appendix B (concept site plan), titled "Winding Brook
Planned Development Concept Plan," prepared by Robert Scarano, P.E.,
and Timothy O'Byrne, R.L.A., dated March 8, 1993, last revised by
Lansing Engineering P.C. on March 25, 2016, annexed hereto and made
a part hereof. The subject premises is currently designated on the
Tax Maps of the Town of Stillwater as SBL No. 219.00-1-1.1 and SBL
No. 219.9-1-1.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
A.Â
There shall be constructed within the boundaries of "Winding Brook"
Planned Development District (hereinafter referred to as the "development")
up to 53 single-family detached dwellings located on approximately
36 acres of land as depicted on the Concept Plan (Appendix B). The
actual number of lots will be determined in accordance with generally
accepted engineering practice by the Town Planning Board. The minimum
residential lot size shall be 25,000 square feet. The minimum road
frontage measured at the building setback line shall be 100 feet.
Minimum building setbacks shall be as follows: front yard, 35 feet;
side yard, minimum 10 feet and a total of both side yards no less
than 25 feet; rear yard, 50 feet. No building will be permitted within
the one-hundred-year floodplain.
B.Â
Approximately 28 acres adjacent to New York State Route 423 will
be reserved for future commercial uses. Allowable uses in this area
shall correspond to and be limited to those B-2 uses identified in
the Town's Zoning Ordinance at the time of application for site plan
review for any project contemplated thereon.
C.Â
Under the proposed changes to the existing Winding Brook PDD, the
21.93 acre component (Tax I.D. 219-1-1.1) would be subdivided into
two parcels. The first, Lot 1, 18.90+/- acres is located between the
PDD's single-family component and SR 423 as shown on the conceptual
site plan dated March 25, 2016. Lot 1 would be used for the development
of 19 four-unit, maintenance-free condominium buildings in a homeowners'
association. Lot 2, 3.03+/- acres bordering 1200+/- feet of highway
frontage along SR-423 would be set aside for those B-2 uses identified
in the Town's Zoning Code. Lot 3, (3.8 acres, Tax I.D. 219.9-1-1)
was subdivided under the original PDD and will remain the same, utilizing
587 feet of frontage on SR 423 for B-2 uses. The minimum front yard
setback within the condominium component shall be 15 feet.
[Added 3-1-2018 by L.L.
No. 2-2018]
D.Â
The wetlands located in the condominium complex will be owned by
the Stillwater Green Homeowners' Association or Stillwater Green Community
Association, Inc., and approximately 55%, or 14 acres of the 25.73-acre
parcel, will be preserved as open space.
[Added 3-1-2018 by L.L.
No. 2-2018]
E.Â
Accessory structures. An accessory structure is defined as a building
subordinate and clearly incidental to the principal building on the
same lot and used for a purpose customarily incidental to those of
the principal building. Examples of accessory structures include but
are not limited to garden sheds, play houses, shop buildings, wooden
and metal sheds, noncommercial greenhouses, pools, pool houses, gazebos,
antenna and satellite dishes, chicken coops, dog houses, portable
canopies and shelters and solar/heating/ventilation/utility equipment.
[Added 3-1-2018 by L.L.
No. 2-2018]
F.Â
All accessory structures will require a building permit. There shall
be a maximum of two accessory structures on a parcel. The accessory
structures must be located in the side or rear yards; they are not
allowed in the front yard. The maximum height of an accessory structure
is 15 feet. The maximum area of an accessory structure is 144 square
feet; the minimum side yard or rear yard setback is five feet. No
accessory structure can be closer to any structure than 10 feet.
[Added 3-1-2018 by L.L.
No. 2-2018]
G.Â
Any accessory structure in existence at the time of adoption of this
PDD amendment will be allowed to remain in their present location.
Any new accessory structures must conform to the new accessory structure
requirements.
[Added 3-1-2018 by L.L.
No. 2-2018]
A.Â
The roads within the development shall be designed and constructed
in accordance with the Town of Stillwater Subdivision Regulations
and most current Town road specifications,[1] subject to the maximum allowable road grade in the subdivision
being 10%. All the roads and appurtenances serving the residential
section of the development, together with a sixty-foot right-of-way,
shall be dedicated to the Town of Stillwater. However, the Town will
not accept the roads and appurtenances until such time that all of
the building lots are completed.
B.Â
The road system within the condominim component of the proposed change
to the PDD will be named "Reed's Hollow" and will be built to Town
of Stillwater specifications and dedicated to the Town. Lot 2 (B-2
Zone) would be accessed via SR 423, and Lot 3 (B-2 Zone) via the existing
Walden Circle (a Town road) and SR 423. All the roads and appurtenances
serving the condominium component of the development within the right-of-way,
unless agreed upon by the Town of Stillwater and the Homeowners' Association,
shall be dedicated to the Town of Stillwater.
[Added 3-1-2018 by L.L.
No. 2-2018]
[Amended 3-1-2018 by L.L.
No. 2-2018]
A.Â
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. Amedore Homes and/or its assigns (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. The sewer district shall determine what portion
of these facilities are appropriate for public ownership.
B.Â
Stormwater management will include the developer's compliance with
applicable MS4 requirements as well as the formation of a drainage
district by the Town at the developer's expense that will include
but not be limited to four existing ponds and four proposed basins.
C.Â
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.
A.Â
Water service will be provided by interconnections with a private
transportation corporation. 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 certificate of occupancy by the Town
of Stillwater. All water facilities outside the limits of the development
will be designed and constructed in accordance with the standards
of the Saratoga County Water Authority.
B.Â
Water service for the condominiums will be provided by interconnections
with Saratoga Glen Hollow Water Company or its successors. 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 certificate of occupancy
by the Town of Stillwater.
[Added 3-1-2018 by L.L.
No. 2-2018]
[Amended 3-1-2018 by L.L.
No. 2-2018]
Prior to the issuance of building permits for the buildings
within this district, 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 Code. Specific details
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.
[Amended 3-1-2018 by L.L.
No. 2-2018]
A.Â
The planned development district approval embodied herein shall expire
three years from the date this local law is filed with the New York
State Department of State, but in no event later than July 1, 2021,
unless the developer is able to demonstrate by then that:
B.Â
If the developer is able to so demonstrate to the Town Board no later
than the expiration of said three-year period or July 1, 2021, the
PDD approval period may be extended by resolution without further
amendment of the PDD ordinance or local law.
[Amended 3-1-2018 by L.L.
No. 2-2018]
The Stillwater Planning Board, as the prior lead agency for
this project, pursuant to the State Environmental Quality Review Act,
has previously adopted a negative declaration, a copy of which is
annexed hereto and made a part hereof and designated Appendix "C."
The developer agrees to comply with all the mitigation measures which
are a part thereof at no cost to the Town. No certificate of occupancy
will be issued until the appropriate mitigation measures are complete.
The Town Board has also conducted a SEQRA review regarding the PDD
legislation amendment.
A.Â
Prior to the issuance of building permits for the buildings within
this district, the developer 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's
Engineer and the Town's Attorney to guarantee such performance and/or
completion of the requirements of this Planned Development District
Ordinance, including, but not limited to, the following:
B.Â
The Planning Board shall determine the time at which the developer
shall file such bonds and the length of time that the bonds shall
be effective. The developer will be permitted two building permits
for two model homes, but no certificate of occupancy will be issued
for the said model homes until all of the requirements of this section
have been met.
[Amended 3-1-2018 by L.L.
No. 2-2018]
A.Â
The developer shall pay the Town of Stillwater a sum of money per
residential lot as a payment in lieu of green space. The payment shall
be made as follows: $350 per lot for 26 lots at the time of the issuance
of the first building permit and a fee per lot for the remaining lots
in the development in accordance with the subdivision rules and regulations
in effect at the time of application for a building permit for each
home constructed within the development.
B.Â
The developer shall be required to enter into a development agreement
with the Town prior to the PDD amendment approval for condominiums
in order to provide one or more public benefits to the residents of
the Town.
[Amended 3-1-2018 by L.L.
No. 2-2018]
The developer shall pay the Town of Stillwater pursuant to Section
24.9 of the Zoning Ordinance or amendments thereto for the fees incurred
by the Town for the review of this project and/or for inspections
relating to the construction contemplated herein, all in accordance
with the subdivision rules and regulations in effect in the Town of
Stillwater at the time of the filing of the map. The developer shall
also pay all GEIS and other fees currently required for the amendments
to the existing PDD for condominiums.
[Amended 3-1-2018 by L.L.
No. 2-2018]
Except to the contrary as set forth herein and/or delineated
on the filed map for this subdivision, the subdivision rules and regulations
of the Town of Stillwater in effect at the time of filing the subdivision
map shall apply to the residential section of this development and
those rules and regulations in affect at the time of the 2017-2018
PDD amendments shall apply to the commercial and condominium sections.
[Amended 3-1-2018 by L.L.
No. 2-2018]
Any violation of the provisions of this local law shall be deemed
a violation of the Town of Stillwater Zoning Code, and the provisions
hereof shall be enforceable pursuant to the enforcement provisions
of the said Town of Stillwater Zoning Code.
If any provision of this ordinance shall be held invalid in
an appropriate court proceeding, the remainder of this ordinance shall
not be affected thereby.
[Amended 3-1-2018 by L.L.
No. 2-2018]
This ordinance shall take effect upon filing of the within legislation
pursuant to § 265 of the Town Law, and the amendments to
the PDD local law shall take effect upon their adoption by the Town
Board and subsequent filing with the New York State Department of
State.
