[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) 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.
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.
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.