[Adopted 7-25-2022 by L.L. No. 4-2022]
This article shall be known as "Scenic View Estates Planned Development District" and amends Code of the Town of Stillwater, 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 zone district of Low Density Residential (LDR) to a Planned Development District-Residential to be known as "Scenic View Estates Planned Development District."
The area of Scenic View Estates PDD consists of approximately 73.5+/- acres in the Town of Stillwater located in the Low-Density Residential Zoning District and is bounded and described as set forth in Appendix A (legal description)[1] and Appendix B (sketch on Town Zoning Map), attached hereto and made a part hereof. The area is located on the westerly side of Lake Road (a/k/a County Route 76), Town of Stillwater, County of Saratoga, State of New York and is presently identified as Tax Map Parcel 243.00-1-72.21. It is located on the westerly side of Lake Road (County Route 76) and is bounded easterly by Lake Road. The northern boundary consists of single-family residences. The westerly boundary is the Saratoga Hills Mobile Home Park, a Village of Stillwater water tower, and a portion of the Schuyler Creek. Finally, the project is bounded southerly by undeveloped lands.
[1]
Editor's Note: Appendix A is on file in the Town offices.
The purpose of this article is to establish the parameters and limits of the residential growth on the subject premises. It is the further purpose of this article to promote flexibility in the development and design of the subject premises by creating a single-family residential area and multifamily apartment development to satisfy the demand for a variety of lifestyles.
A. 
Apartments. There shall be constructed within the boundaries of Scenic View Estates Planned Development District a maximum of 48 apartment units, divided into 12 buildings of four units per building totaling on 30.2+/- acres. The apartment development will contain two-bedroom and three-bedroom units.
B. 
Single-family. There shall be constructed 16 single-family dwelling units on lots ranging from 1+-/- to 6.2+/- acres. The single-family homes will be comprised of four bedroom units.
C. 
Roads/streets. There will be two new roadways constructed. The first is proposed as a public road accessing from County Route 76 and approximately _____ ft culminating in a cul-de-sac. The proposed Town Road would service the 16 single-family homes. The second new road to be private and extend from the new proposed Town Road south and in a loop extending back out to County Route 76. The private road would service the 48 multifamily units. (Road names TBD.)
D. 
There are planned general landscaping, lighting, a walking trail and other amenities that will complement the project. Full descriptions of all landscaping are to be described under new headings.
E. 
Lighting.
F. 
Trails.
G. 
Amenities.
H. 
Storage.
I. 
Open space.
J. 
Wetlands. There are 8.1+/- acres of ACOE federal wetlands, buffers and mature vegetation which will be left undisturbed.
Water shall be supplied to Scenic View Estates PDD through an existing Village water line on County Route 76. As is customary, all extensions to the water service shall conform to state regulatory agency requirements and Town standards and will be constructed at the sole expense of the developer. A map, plan and report will be required to extend the Town's Water District #5.
The site will be serviced by a gravity sewer connection to an existing gravity system owned and operated by the Village of Stillwater at the intersection of County Route 76 and the Village of Stillwater/Town of Stillwater border. All sewage collection facilities within the Scenic View Estates PDD, together with any needed expansion of existing transmission facilities, will be constructed at the expense of the developer and deeded to the Saratoga County Sewer District #1, which will own and maintain the facilities.
A. 
An on-site stormwater collection system and management area will be installed on the subject premises and be privately owned and maintained by the developer/property owner.
All streets and roadways shall be designed and constructed according to the Town of Stillwater Highway Department standards and specifications. It is anticipated that the public right-of-way with all improvements will be dedicated to the Town upon completion, with no cost to the Town.
All improvements shall be designed and constructed in accordance with plans and specifications prepared by a duly licensed design professional in compliance with the New York State Uniform Fire Prevention and Building Code. Such plans and specifications shall be reviewed by the Town Planning Board which shall advise the Town Board. The licensed professional(s) performing the work shall be employed by and at the sole expense of the developer. All construction upon completions shall be subject to inspection by the Town Building Inspector, Town Engineer, Town Highway Superintendent, or other appropriate persons, as may be applicable.
The maximum time for completion is five years, beginning upon final approval and issuance of all permits. The developer intends on phasing Scenic View Estates PDD with infrastructure and single-family homes in phase one and the apartment buildings in phase two.
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 letters of credit which may be required shall be established by the Planning Board during the site plan review process.
A. 
The planned development district approval embodied herein shall expire three years from the date this article is filed with the New York State Department of State, but in no event later than July 1, 2025, unless the developer is able to demonstrate by then that:
(1) 
All required infrastructure improvements to each and every lot have been completed; and
(2) 
Good cause, for reasons beyond the developer/owner's control, to justify an extension.
A. 
Prior to the issuance of building permits for the buildings within this district, the developer shall file 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 Local Law, including, but not limited to, the following:
(1) 
The satisfactory completion of the roads and other infrastructure for the project; and
(2) 
The satisfactory completion and maintenance for the year after completion of landscaping in the commercial area and common areas of the project site.
The developer shall pay the Town of Stillwater 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 and site plan rules and regulations in effect in the Town of Stillwater at the time of the filing of the map. The developer/owner shall also pay the Town all required GEIS fees and a public benefit payment of $1,000 per residential unit.
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.
If any provision of this article shall be held invalid in an appropriate court proceeding, the remainder of this article shall not be affected thereby.
This article shall take effect immediately upon filing in the office of the Secretary of State.