[Adopted 12-15-1988 by Ord. No. 4-1988]
This ordinance shall be known as "Brown's Landing
Planned Development District and the Parameters of Development at
Brown's Beach," and amends the Town Zoning Ordinance of the Town of
Stillwater, New York, entitled "Zoning Ordinance" 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 "Schedule A-Subject
Premises" (Phase I) and "Schedule C-Subject Premises" (Phase II) hereinafter
described from the existing zoned district designation of B-2 General
Business District to a Planned Development District-Residential to
be known as "Brown's Landing Planned Development District-Residential."
The area of the Brown's Beach which is the subject
of this rezoning amendment consists of two contiguous parcels of realty
containing a total of 7.3 acres located along Route 9P in the Town
of Stillwater, New York, and the two said contiguous parcels are more
particularly bounded and described on "Schedule A-Legal Description"
(Phase I) and "Schedule C-Legal Description" (Phase II) annexed hereto
and made a part hereof [1]. The subject premises is currently designated on the Tax
Map of the Town of Stillwater as Section 218.20; Block 2; Lot 23 and
Lot 1.
[1]
Editor's Note: Said schedules are included
at the end of this chapter.
The purpose of this portion of the ordinance
is to establish the parameters and limits of residential growth on
the "Schedule A-Subject Premises" currently part of the property known
as "Brown's Beach." It is the further purpose of this ordinance to
promote flexibility in the development and design of the "Schedule
A-Subject Premises" by creating a cluster type of residential 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.
A.
There shall be constructed within the boundaries of
the "Brown's Landing Planned Development District-Residential" (Phase
I) 34 single-family dwellings in a cluster type of layout containing
a maximum of 76 bedrooms. In addition to the single-family dwelling
clusters, there shall also be included in this development one outdoor
swimming pool and/or tennis court, a bathhouse adjacent to the swimming
pool, one lakeside beach not to exceed 300 feet in length and a boat
marina containing 34 boat slips, all for the exclusive use of the
residents of the Brown's Landing Planned Development District.
B.
The parcel described as "Schedule A-Subject Premises"
(Phase I) shall contain a total of 95 off-street parking spaces.
The interior road within the development shall
be 24 feet in width and shall be physically constructed in accordance
with the regulations and specifications of the Town of Stillwater.
All the interior roads within the development shall be privately owned
and maintained by the "Brown's Beach Landing Homeowners/Condominium
Association."
A.
The entire Development shall be serviced by on-site
municipal sewer service, to wit, the Saratoga County Sewer District
No. 1 and all sewer hookups to the said municipal sewer system shall
be in accordance with the specifications of the Town of Stillwater
and the Saratoga County Sewer District No. 1.
B.
The water system serving the development shall be
private and shall be constructed by the developer and owned, operated
and maintained by the "Brown's Landing Homeowners/Condominium Association"
in accordance with the rules, regulations, standards, and specifications
of the New York State Department of Health and the New York State
Department of Environmental Conservation.
C.
The storm drainage system serving the development
shall be constructed by the developer and owned, operated and maintained
by the "Brown's Landing Homeowners/Condominium Association" in accordance
with the standards and specifications of the Town of Stillwater and
the appropriate agencies of the State of New York.
There shall be established by the developer
of the "Brown's Landing Planned Development District" a homeowners/condominium
association pursuant to the laws, rules and regulations of the Attorney
General of the State of New York and the New York Department of Law.
The said "Brown's Landing Homeowners/Condominium Association" (hereinafter
referred to as the "homeowners' association") shall operate and maintain
all said common areas, including the water and storm drainage system
and all roads and driveways within the development. Each dwelling
unit owner shall exclusively own his respective dwelling unit. Each
dwelling unit owner shall by virtue of his said unit ownership and
by the acceptance of the deed thereto shall automatically become a
member of the "homeowners' association."
A.
The site plan approval process for the development
shall be completed as required by Section 15.4 of the Town of Stillwater
Zoning Ordinance, and the approved site plan shall be valid for a
period of two years from the granting of such site plan approval.
Upon the granting of site plan approval by the Town Board for the
development, building permits shall be issued.
B.
The developer, its successors or assigns may, upon
notice to the Town Board of the Town of Stillwater, alter or modify
or change the number of types of dwelling units to be constructed
within the development; provided, however, that such alteration, modification
or change does not result in any increase density in the total number
of allowable dwelling units, to wit, 34, and the total number of bedrooms
contained therein, to wit, 76, within the entire development.
The area and bulk regulations for the development
are on Schedule B annexed hereto and made a part hereof.[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
Copies of the final approved site plan for the
development shall be filed with the Planning Board, the Town Clerk
and the Enforcement Officer of the Town of Stillwater.
All construction standards of buildings, improvements
and utilities shall be prepared and approved by a licensed architect,
landscape architect or engineer. All cost associated with this shall
be borne by the developer. All completed structures and improvements
shall be certified to the Town of Stillwater by a licensed architect,
landscape architect or engineer as being completed in the manner called
for in the plans thereof and shall be certified in accordance therewith.
The purpose of this portion of this ordinance
is to establish the parameters and limits of development on the "Schedule
C-Subject Premises," (Phase II) currently part of the property known
as "Brown's Beach," which will result in a more efficient use of the
land, promote good site design and visual quality and result in a
more pleasing environment and architectural and site planning innovation.
[Amended 6-6-1991 by Ord. No. 2-1991]
The following types of uses and public accommodations
permitted on the "Schedule C-Subject Premises" are as follows:[1]
A.
Restaurant.
B.
Pleasure boat marina, including the rental, launching,
storage and repair of pleasure boats and other activities normally
related to the operation of a boat marina, including the retail sale
of bait, fishing equipment, and boating accessories and equipment.
C.
Privately owned public beach and recreational area
normally associated with lakeside recreational property, including
swimming pool, tennis court, handball court, picnic area, etc.
D.
Residential housing units similar to in kind as existing
on the adjacent parcel of realty described on Schedule A annexed thereto,
the density of which shall be subject to the approval of the Town
Board.
E.
Hotel or inn, or similar type of public accommodation
commonly associated with lakeside recreational property.
F.
Any accessory building or structure incidental to
the normal operating of the foregoing business activities.
G.
Not more than 25 lots may be developed on the Schedule
C-Subject Premises for rental to owners of self-contained recreational
vehicles.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
A.
With the exception of any structures existing as of
the enactment of this ordinance, no building or structure shall be
within 30 feet from the property boundary line.
B.
The maximum building coverage shall be 37.5%.
C.
The maximum height of any and all structures shall
be 45 feet.
D.
With the exception of any signs existing as of the
enactment of this ordinance, no sign shall exceed 36 square feet in
area and shall not be located closer than 20 feet to any lot line.
E.
Parking.
(1)
The number of parking spaces shall be governed by
the schedule enumerated in Section 18.2 of the Town Zoning Ordinance
in effect as of the enactment of the ordinance.
(2)
A parking space shall be 10 feet wide by 20 feet long
and shall be reached by an access driveway at least 20 feet clear
in width.
(3)
Any parking lot or parking area that will contain
more than 100 cars shall be effectively divided by planted divider
strips or curbing fixed in place so as to effectively divide each
parking area of 100 cars from other driveways and parking areas for
the purpose of insuring safety of vehicles moving within the entire
parking area and to control speed.
(4)
Off-street parking areas located within 50 feet of
a residential use shall be shielded by wall, fencing, or other suitable
material which serve to screen noise and uncontrolled entrance.
(5)
All parking shall be adequately lighted.
(6)
No parking space shall be within 20 feet from the
property boundary line.
If any provision of this ordinance shall be
held invalid, the remainder of this ordinance shall not be affected
thereby.
This ordinance shall take effect 10 days after
publication and posting thereof in accordance with § 265
of the Town Law.
