[Adopted 8-18-1994 by L.L. No. 1-1994;
amended in its entirety 9-15-2016 by L.L. No. 3-2016]
This local law shall be known as "Saratoga Lake Golf Course
Planned Development District" and amends the Town of Stillwater Zoning
Ordinance, enacted September 30, 1974, as amended, and the Official
Zoning Map of the Town of Stillwater.
The Zoning Ordinance and the Official Zoning Map of the Town
of Stillwater are hereby amended by changing the "Subject Premises"
hereinafter described from its existing zoning district designation
of "Residential District R-1" to a planned development district to
be known as "Saratoga Lake Golf Course Planned Development District,"
hereinafter referred to as "development."
The area of the development consists of 217 acres located west
of Grace Moore Road, north of Lake Road, east of Route 9P and south
of Luther Road, in the Town of Stillwater, New York, and is bounded
and described as set forth in Appendix A, which contains a Legal Description
of the subject premises, which is expressly made a part thereof.[1] The subject premises is currently identified on the Tax
Maps of the Town of Stillwater as being comprised of the following
parcel: 231-1-1.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
The purpose of this ordinance is to establish the nature, parameters
and limits of an eighteen-hole golf course, to be constructed on the
subject premises, with a mix of additional residential and commercial
uses (in the form of a golf pro shop, clubhouse and snack bar to be
located within a clubhouse, as well as maintenance buildings and other
accessory structures related to the golf course), all of which will
also be permissible on the subject premises. The clubhouse may include
a banquet facility with deck and restaurant and bar, with a combined
maximum seating capacity of 250 seats, for use for golf and non-golf-related
events. It is the further purpose of this ordinance to promote flexibility
in the development and design of the subject premises by creating
a cohesive mixture of uses that will result in the development of
a significant and beneficial amenity for the Town of Stillwater in
the form of an eighteen-hole golf course. In addition to the recreational
opportunities thereby provided, the development will also provide
for the efficient use of land, compatibility of land use within the
subject premises and with surrounding land uses, promote good site
design and visual quality, and result in a more pleasing environment.
A.
Uses.
(1)
There shall be constructed within the boundaries of the development
up to 14 residential units on 22+/- acres and an eighteen-hole golf
course on 195+/- acres. The golf course shall include a clubhouse
which will contain a pro shop for the sale of golf equipment and apparel,
a snack bar in which food and beverages will be served, a banquet
facility, bar and restaurant where food and alcoholic beverages will
be served to the public, as well as maintenance buildings to house
related golf course equipment and supplies, and other accessory structures.
Accessory structures shall include but not be limited to, gazebos
each not to exceed 600 square feet, and two open air pavilions with
a maximum size of 1,800 square feet for each, subject to Building
permit or Operating Permit approvals and/or site plan approvals. Additionally,
the use of temporary tents on the golf course for golf and nongolf
events shall be permitted subject to Building permit or Operating
Permit.
(2)
Organized fireworks will not be permitted within the boundaries
of the PDD.
(3)
Winter recreation on the golf course is to be allowed. Recreation
activities would consist of cross country skiing, snow shoeing, sledding,
winter hiking, skating and similar type activities, but excluding
motorized vehicle use.
B.
The hours of operation of the golf course, restaurant and banquet facility will be limited to the following: 6:00 a.m. to 11:00 p.m., year round, including indoor music with the restriction that nonamplified outdoor music be allowed from 10:00 a.m. to 10:00 p.m., Monday through Sunday, subject to the limitations of § 141-3 (Noise) of the Town Code. There shall be no amplified music provided outside the restaurant and banquet facility.
The development will be subdivided as follows: up to 14 residential
lots and one lot comprising the entire golf course, all as conceptually
shown on the map entitled, "Saratoga Lake Golf Club" made and drawn
by the L.A. Group, and dated May 23, 1994, which map shall be superseded
by the actual subdivision plat approved by the Stillwater Planning
Board and filed in the Saratoga County Clerk's Office.
A.
Residential lot setbacks and area requirements.
(2)
The statistical mean of the width of a lot as measured at the
front and rear property lines shall be at least 80 feet. No residential
lot shall be permitted which contains less than 60 feet of road frontage.
(3)
In addition, the developer, its successors and/or assigns may,
upon complying with all relevant statutes, regulations, standards
and other requirements of the Town of Stillwater, and other local
or state agencies having jurisdiction thereof, including specifically
the Town of Stillwater Subdivision Regulations,[1] and after obtaining Planning Board approval for same,
may subdivide the subject premises into such lots as shown on a subdivision
map, provided no such lot contains less than 20,000 square feet, or
fails to meet the above-mentioned setback requirements.
B.
Golf course setbacks and area requirements. The clubhouse will not
be located within 200 feet of abutting residential properties. Any
gazebo or open air pavilion or similar structure that would support
public assembly will not be located within 100 feet of abutting residential
properties. No other structures shall be located upon the golf course
lot within 50 feet of any property line, and parking areas shall not
be located closer than existing parking to any residentially zoned
property. All other setback and area requirements shall be as provided
for in Article 15 of the Town of Stillwater Zoning Ordinance. However,
the dimensions of a parking space for purposes of the design of the
parking lot for the clubhouse shall be nine feet by 18 feet.
C.
The following minimum standards for parking shall be accommodated
within the approved Site Plan: a minimum of 152 clearly delineated
spaces, consisting of grass spaces, as defined on the 2016 site plan,
shall be required to serve all of the facility's needs. Overflow parking
of at least 20 spaces shall be provided. These spaces can be provided
through valet parking or by temporary parking at the driving range
and other open areas on the golf course, such as the maintenance area,
where cars can be stacked. Valet parking for the main parking area
can allow stacking of cars in the aisle normally used for self-parking
access. There shall be a minimum of a twenty-four-foot driving aisle
for two-way traffic within the parking area.
D.
All buffer requirements and characteristics shall comply with the
current approved PDD. Notwithstanding the foregoing, the Planning
Board shall have the discretion to permit the construction and maintenance
of a berm in lieu of an opaque fence in any buffer area.
A.
The 14 residential lots shall be serviced by municipal sewer service,
which will be connected to the Saratoga County Sewer District No.
1. All sewer hookups to the said municipal sewer system shall be constructed
and/or installed in accordance with the specifications of the Town
of Stillwater and the Saratoga County Sewer District No. 1.
B.
The 14 residential lots and the clubhouse shall be serviced by a
private public transportation corporation water system, in accordance
with the rules, regulations, standards and specifications of the New
York State Public Service Commission and the State of New York Department
of Environmental Conservation, and the rules and regulations of Town
Law or other applicable statutory authority.
C.
The storm drainage system serving the public roads to be constructed
within the development by the developer will be dedicated to the Town
of Stillwater as a part of the overall roadway system in accordance
with the standards and specifications of the Town of Stillwater.
The development shall be developed by the developer, its successors
or assigns, at one time, commencing within one year of the adoption
of this planned development district, as amended, and the developer
shall then proceed continuously thereafter without substantial interruption
(as weather permits) until completed. Should the construction of the
banquet facility not be completed within 18 months from the date of
the approval to amend the Saratoga Lake Golf Course PDD to build a
banquet facility, then the approval to amend the Saratoga Lake Golf
Course PDD to build the banquet facility shall be deemed automatically
revoked, null and void.
The developer, its successors or assigns may, upon notice to
and approval by the Town of Stillwater Planning Board, alter, modify
or change the types of dwelling units to be constructed within the
development, provided, however, that such alteration, modification
or change does not result in any increased density in the total number
of allowable dwelling units, to wit: 14 dwellings.
The zoning change for this planned development district for
the "Saratoga Lake Golf Course Planned Development District" project
shall expire if the golf course is not completed within five years
of the adoption of this planned development district by the Town Board
of the Town of Stillwater. In this event, the zoning shall revert
to the original zoning.
The developer shall have three years to construct the necessary
improvements to complete the golf course as conceptually shown on
the map entitled "Saratoga Lake Golf Club" made and drawn by the LA
Group on May 23, 1994, as the same may be superseded by the development
plan approved by the Stillwater Planning Board or Stillwater Town
Board, as may be required in the Town Zoning Ordinance. This three-year
time period shall begin at the time the Stillwater Planning Board
or Stillwater Town Board grants development plan approval, whichever
approval is later. In the event that the necessary improvements are
not completed within the three-year period of time provided, the development
plan approval shall expire (unless otherwise extended by the developer
pursuant to the applicable provision of the Zoning Ordinance), and
no further work may be performed without first obtaining a new development
plan approval.
Copies of the final approved plan of the development (including
those as amended and As-Built) shall be filed with the Planning Board,
the Town Clerk and the Code Enforcement Officer of the Town of Stillwater
prior to the issuance of a final certificate of occupancy. The provisions
of this PDD shall be enforced by the Code Enforcement Officer or Building
Inspector, whichever position shall be established by the Town Board
for the purpose of enforcing the Town of Stillwater Zoning Ordinance.
Said enforcement shall be in accordance with Section 22, and subdivisions
thereof, or similar section, of the Town of Stillwater Zoning Ordinance,
as amended from time to time. Said ordinance is referred to and made
a part hereof as if more fully set forth herein.
A.
Prior to the issuance of building permits for buildings within the
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 Engineer
and Town Attorney; to guarantee such performance and/or completion
of the requirements of this planned development district, including,
but not limited to, the following;
B.
The Planning Board shall determine the time at which the developer
shall file such bonds and/or letters of credit and the length of time
that the bonds shall be effective.
Prior to the issuance of building permits for buildings within
the district, the developer shall also provide to the Town of Stillwater
the sum of $3,000, which sum will be maintained in an escrow account
by the Town of Stillwater to insure that the developer promptly and
appropriately follows a dust control program upon Grace Moore Road.
The developer shall consult with the Highway Superintendent for the
Town of Stillwater with respect to the timing and nature of the dust
control program. In the event that the developer should ever fail
to comply with the dust control program, the Town of Stillwater may
utilize this escrow for the purpose of maintaining the dust control
program. In this event, should the balance of the escrow account ever
fall below $1,000, the developer shall be required to make additional
deposits into this escrow account as determined to be appropriate
by the Highway Superintendent for the Town of Stillwater. In the event
that the developer should ever fail to make such additional deposits
as required within 30 days of written request for same, during the
construction of the project, the Town shall have the right to immediately
cease issuing building permits and/or certificates of occupancy for
any of the 14 residential lots and any other structures to be located
upon the golf course.
The Town of Stillwater hereby determines that the golf course
constitutes one lot, which, together with the 14 residential lots,
equals 15 newly created lots. Pursuant to §§ 276 and
277 of the New York State Town Law, as further amplified by the Stillwater
Subdivision Regulations,[1] this would require the payment of $400 per lot, or a total
of $6,000, as payment in lieu of parkland. This sum shall be paid
to the Town of Stillwater by the developer in accordance with the
established policy of the Town of Stillwater with respect to such
payments in lieu of parkland.[2]
The developer shall pay the Town of Stillwater pursuant to Section
24.9 of the Zoning Ordinance, and pursuant to any applicable provisions
of the Stillwater Subdivision Rules and Regulations, or any amendments
thereto, 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 rules and regulations in effect in the
Town of Stillwater at the time of the filing of the subdivision map
in the office of the Saratoga County Clerk.
A.
The Planning Board has issued a negative declaration, finding that
this project does not engender any potential environmental effects
as defined by the applicable SEQRA regulations. The Town Board in
creating this local law relies upon the Planning Board's expertise
with respect to administering SEQRA and its environmental determinations.
B.
Similarly, the Stillwater Planning Board, in making this recommendation
to approve the project has set forth certain conditions which the
Planning Board would like to see established within the context of
this local law. Attached hereto as Appendix B[1] is a summary of these conditions, which the Town Board
hereby adopts and ratifies, as if the same were more fully set forth
herein.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
With respect to the Amendment of the PDD reviewed in 2016, the Town
Board, as Lead Agency, issued a negative declaration, finding that
this project, as amended, does not engender any potential environmental
effects as defined by the applicable SEQRA regulations.
This local law shall take effect on filing with the Secretary
of State.
In case any provision of this local law should be held to be
contrary to or invalid under the law of any county, state or other
jurisdiction, such illegality or invalidity shall not affect in any
way any of the other provisions hereof, all of which shall continue,
nevertheless, in full force and effect; any provision which is held
to be illegal or invalid in any county, state or other jurisdiction
shall nevertheless remain in full force and effect in any county,
state or jurisdiction in which such provision is legal and valid.
