[Adopted 8-16-1990 by Ord. No. 3-1990]
This ordinance shall be known and may be cited
as Ordinance No. Three of 1990 of the Town of Stillwater, Saratoga
County, New York, amending the Town of Stillwater Zoning Ordinance,
as adopted in April 1974 and as last amended, and providing for the
creation of planned development district to be known as "Gurba Estates."
The Zoning Ordinance of the Town of Stillwater,
and the Zoning Map of the Town of Stillwater set forth therein and
made a part thereof, are hereby amended in accordance with Sections
15 and 24 of said ordinance, by changing from the existing R1-Low
Density Residential District, the zoning classification of the property
hereinafter described to that of a planned development district to
be known as and described as "Gurba Estates."
The area of Gurba Estates consists of approximately
131 acres in the Town of Stillwater and is described and bounded as
set forth in Appendix A (legal description) and Appendix B (sketch
on Town Zoning Map) attached hereto and made a part hereof.[1] The area is located in the southeasterly quadrant of the
Town of Stillwater and lies generally on the westerly side of the
Castlecliff Subdivision.
[1]
Editor's Note: Said appendixes are included
at the end of this chapter.
The Gurba Estates Planned Development District
will include a maximum of 400 residential dwelling units in a mix
intended to satisfy the demand for a variety of life styles. There
will be 175 single-family detached homes and 20 two-family houses
on 64 acres. In addition, there will be 102 one- and two-bedroom units
in an apartment cluster of 11 acres and 78 townhouses on 12 acres.
Public rights-of-way will occupy approximately 19 acres, and the remaining
25 acres, or approximately 19% of the total site, shall be green space,
reserved for public usage. The preliminary development plan which
illustrates the above-described land uses is set forth as Appendix
C which is attached hereto and made a part hereof. The preliminary
development plan may only be substantially amended or modified after
a public hearing by the Town Board.
Water shall be supplied to Gurba Estates as
either an extension of the existing Town Water District or a new Town
Water District, as best serves the interests of the Town. As is customary,
all extensions to the water service shall conform to state regulatory
agency requirements and Town standards and be constructed at the sole
expense of the developer.
The entire area of the planned development district
is wholly within the limits of the Saratoga County Sewer District
No. 1, and also within the treatment capacity of that District. All
sewage collection facilities within the PDD together with any needed
expansion of existing transmission facilities to permit delivery of
the sanitary waste from Gurba Estates to the Mechanicville Treatment
Plant will be constructed at the expense of the developer and deeded
to the Sewer District. ownership and maintenance of the facilities
will be the Sewer District's.
All streets and roadways shall be designed and
constructed according to the Town of Stillwater Highway Department
Standards and Specifications. It is anticipated the street rights-of-way
with all improvements will be dedicated to the Town upon completion,
without cost to the Town.
All improvements in Gurba Estates shall be designed
and constructed in accordance with plans and specifications prepared
by a duly licensed design professional in compliance with the applicable
provisions of the New York State Building Code. Such plans and specifications
shall be reviewed by the Town Planning Board which shall advise the
Town Board which shall issue approval or disapproval. Final approvals
and plans shall be filed in the office of the Town Clerk. The licensed
professional(s) performing the work shall be employed by, at the sole
expense of, the developer. All construction upon completion shall
be subject to the inspection and approval of the Town Building Inspector,
Town Engineer, Town Highway Superintendent, or other appropriate persons,
as may be applicable.
The projected time for completion is projected
at 10 years. The developer may phase Gurba Estates as market acceptance
and construction economics dictate. Prior to construction of any phase,
development Plans for that phase must be submitted and processed in
accordance with the applicable portions of the Zoning Ordinance.
A.
Development plans for Gurba Estates, submitted in
accordance with the provisions of Section 15.4 of the Town of Stillwater
Zoning Ordinance, shall be reviewed by the Town Planning Board and
acted upon by the Town Board, as specified in Section 15.2A of said
ordinance. The development plan shall be deemed to be in substantial
compliance with the preliminary development plan provided modification
by the developer does not:
B.
If it is found by the Town Board that the development
plans are not in compliance with the previously approved preliminary
development plan, the developer shall submit a revised development
plan to the Town Board for a review of such changes.
This ordinance shall take effect 10 days after
approval by the Town Board and posting and publishing in the official
newspaper of the Town as required by § 265 of the Town Law.
