[Added 1-12-2009 by L.L. No. 1-2009; amended 8-9-2010 by L.L. No. 2-2010; 8-8-2011 by L.L. No. 1-2011]
This article shall be known as "Local Law No. 1 of 2009 of the Town of Saratoga" and amends the Town of Saratoga Zoning Law to provide for the creation of a planned unit development district to be known as "Brown Road PUD."
The purpose and intent of the Brown Road PUD is to preserve the natural and scenic qualities of the area to be rezoned by allowing a flexible and comprehensive design process. The Town of Saratoga, as a "Right to Farm" Town, seeks to maintain and preserve the rural tradition and character of the Town by encouraging new agricultural pursuits and by protecting the rights of existing agricultural businesses to continue to conduct sound agricultural practices. The lands of the Brown Road PUD are within Saratoga County Consolidated Agriculture District No. 1, and, as such, agricultural activities are afforded special protection pursuant to Article 25-AA of the New York State Agriculture and Markets Law. The purpose of this section is to reinforce and provide notice that the provisions of both the Town of Saratoga Right to Farm Law[1] and Article 25-AA are applicable to the future activities of the PUD and those of surrounding properties. The owner and his or her assigns are hereby notified that sound agricultural practices, on any land in an agricultural district created pursuant to Article 25-AA, shall not constitute a private nuisance. Any future subdivision and/or sale of lands within the PUD are subject to the following Agricultural Disclosure Statement, which language shall be included in any conveyance of land within this PUD including time-share-type conveyances.
"It is the policy of the state and this community to conserve, protect, and encourage the development and improvement of agricultural land for the production of food and other products and also for its natural and ecological value. This disclosure notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within the Saratoga County Consolidated Agricultural District No. 1, and that farming activities occur within the district. Such farming activities may include but not be limited to activities that cause noise, dust and odors."
[1]
Editor's Note: See Ch. 231, Art. I, Right to Farm.
A. 
The Town of Saratoga Zoning Law and the Zoning Map of the Town of Saratoga are hereby amended by changing the area described in Subsection B (below) from the existing zoning districts and creating within the boundaries of said described area the Brown Road PUD District.
B. 
The area of the planned unit development district consists of 83+/- acres in the Town of Saratoga and is bounded and described as set forth in Appendix A,[1] attached hereto and made a part hereof.
[1]
Editor's Note: Said Appendix A is on file in the Town offices.
The Brown Road PUD will consist of two areas. A sketch plan of the PUD is illustrated and attached as Appendix B.[1] The Brown Road PUD shall be developed in general compliance with the sketch plan. The plan shall be used as a guide for overall development of the site. The sketch plan may be changed, altered or amended by the Planning Board during site plan review. However, any such changes or amendments shall be in conformance with the intent of this article.
A. 
The first area on the west side of Brown Road will consist of 14+/- acres and will be developed to include two single-family dwellings.
B. 
The second area on the east side of Brown Road will consist of 70+/- acres and will consist of 12 single-family dwellings, and one lot to be owned by the homeowners' association.
[1]
Editor's Note: Said Appendix B is on file in the Town offices.
A. 
There shall be no further development or subdivision of this development district. This restriction shall be included in any future deed conveyance of this area.
B. 
Attached hereto as Appendix C[1] is a building summary table for the improvements to be located within the PUD. Subject to final approval of the construction plans by the Saratoga Town Planning Board, the listed uses, maximum sizes, and number of units shall not exceed those set forth in this appendix.
[1]
Editor's Note: See Appendix C for Brown Road PUD at the end of this chapter.
C. 
Access roads and driveways.
(1) 
For the purposes of this legislation, a driveway is a roadway which provides vehicular access to one residence. An access road is a roadway within the PUD which provides vehicular access to more than one residence.
(2) 
All private access roads and driveways connecting the development areas to Brown Road and within the development areas shall be subject to the following standards:
(a) 
A driveway over 500 feet in length must be accessible and able to hold a fifty-thousand-pound, thirty-foot-long vehicle as determined by a licensed engineer, with facilities for turning around to be available within 100 feet of any structure. A driveway over 500 feet in length must have a minimum width of 18 feet and minimum vertical clearance of 15 feet.
(b) 
It is understood that the private access roads connecting to Brown Road will be subject to issuance of a permit from the Town of Saratoga Highway Superintendent. There will be a maximum of seven private access road points on Brown Road. All private access roads will have a minimum width of 20 feet. All driveways less than 500 feet in length will have a minimum width of 12 feet. Shared driveways among more than one property owner are permitted within the development.
(3) 
The homeowners' association shall be responsible for maintenance of the access roads, management and enforcement of Area B pursuant to the open space plan and the conservation easement, and maintenance of all stormwater systems and facilities. All roads within the development will remain under private ownership as depicted on the sketch plan; ingress/egress easements shall be granted over the roads to accommodate vehicular and pedestrian access.
D. 
Final construction plans for this PUD are subject to site plan and subdivision review and determination by the Saratoga Town Planning Board utilizing the requirements set forth in this article together with the criteria for site plan and subdivision review. The Planning Board is further authorized as part of its final review to conduct an architectural review so as to ensure that exterior materials, colors and general architectural design of all buildings are compatible with the surrounding neighborhood and the overall character of this district. Such review and approval process by the Planning Board should be completed in advance of the commencement of construction of individual homes.
E. 
Construction and development within the PUD shall be subject to the architectural guidelines attached hereto as Appendix D.[2]
[2]
Editor's Note: Appendix D is included at the end of this chapter.
F. 
All utilities shall be underground.
G. 
Any future deeds or conveyances of any of the lands contained within this planned unit development district shall contain a specific reference to this article.
H. 
Individual lots will contain two areas. Area A shall be a minimum of 10,000 square feet and a maximum of 40,000 square feet and will consist of the area in which the home will be situated. Area B will consist of the remaining lands in each lot which will be governed and restricted by a conservation easement in favor of the homeowners' association. During site plan review, the developer shall submit for approval of the Planning Board an open space/land management plan and conservation easement language to be included in each deed, which documents shall be subject to approval of the Town Engineer and Town Attorney. Upon Planning Board approval during site plan, the building envelope for the homes shown as Area A can be shifted from the area shown in the sketch plan to allow for better placement of the house within the lot.
I. 
Each dwelling unit within the PUD shall be serviced by its own individual well and septic system.
J. 
The report of the Saratoga Town Planning Board to the Town Board, attached hereto as Appendix E,[3] is hereby incorporated and made a part hereof. The PUD shall be subject to all recommendations and requirements contained in this report.
[3]
Editor's Note: Appendix E is on file in the Town offices.
K. 
The Town Board has identified a potential environmental impact of the PUD as concerns stormwater runoff from proposed Lots 13 and 14. To mitigate any such impact, there will be an extended stormwater detention basin constructed, the details of which shall be included in the site plan application. The plan for this construction shall be subject to review and approval by the Planning Board.
All final construction plans shall be certified by a licensed architect or engineer. All construction shall be subject to inspection by the Town of Saratoga Building Inspector or Town Engineer.
This PUD is subject to Article X, § 400-45J, of the Zoning Ordinance, which provides for a revocation of approval and reversion of the zoning of this PUD if construction work on the proposed development has not begun within two years.
The Town Board hereby finds that there is both a present and anticipated future need for public park and recreational facilities within the Town and, further, that a suitable park of adequate size and need cannot be located on this PUD. Accordingly, the Town Board assesses a payment in lieu of parkland fee in the amount of $500 per residential dwelling unit. Such fees shall be paid at the time a building permit is issued for construction.
All land uses allowed by this article are contingent upon the applicant's ability to provide an adequate potable water supply and sanitary sewage treatment services in accordance with New York State Department of Health regulations and Town of Saratoga regulations as applicable. In addition, there shall be no utilization of hydrofracturing methods in the testing or development of wells. All stormwater management systems shall be designed in accordance with and meet the standards of the EPA Phase II Stormwater Management Program, including the filing of notice of intent (NOI) with NYSDEC and the preparation of a stormwater pollution prevention plan (SWPPP). All such water, sewer and stormwater management issues shall be reviewed and approved by the Town of Saratoga Planning Board during the final approval phase.
Prior to the issuance of any building permit or commencement of any construction, the developer shall file a performance bond or letter of credit with the Town Supervisor, in the amounts and for the time periods required by the Town Planning Board, and acceptable as to amount and form to the Town Supervisor, Town Engineer and Town Attorney to guarantee such performance and/or completion of the requirements of this planned unit development district as to the following matters:
A. 
All roads and driveways constructed within the PUD; and
B. 
The stormwater management system.
The Saratoga Town Board, as lead agency for this project pursuant to the State Environmental Quality Review Act, has adopted a negative declaration and declaration of nonsignificance concerning this project, a copy of which is annexed hereto and made a part hereof and designated as Appendix F.[1]
[1]
Editor's Note: Appendix F is on file in the Town offices.
A. 
This article may be amended in accordance with the procedures contained in the Town of Saratoga Zoning Ordinance. It is understood that the development approved herein is based on the present application which has been given preliminary approval by the Town of Saratoga Planning Board, and that any substantive change in the approved land use would be subject to a local law amendment.
B. 
If any section of this article shall be held invalid by a court or tribunal having jurisdiction thereof, such determination shall not affect the validity of the article as a whole other than the part so declared to be invalid.
A. 
The purpose of the conservation easement for Area B in the lots is to protect the rural character and intent of the property and to preserve for the residents of the planned unit development and the Town the agricultural land consistent with the development plan attached.
B. 
The Town seeks to ensure that the open space features of the protected property will be retained and maintained substantially in their current condition for conservation and preservation purposes and to prevent any use or change of the protected property that will significantly impair or interfere with the protected property's conservation and preservation values.
C. 
The property subject to this easement shall be for passive outdoor recreation by members of the homeowners' association and their guests, and includes, but is not limited to, walking, hiking, cross-country skiing, canoeing, fishing, nature observation and enjoyment of the open space, all in accordance with applicable laws, regulations and the conservation easement description contained in each homeowner's deed.
D. 
Conservation use restrictions shall apply to Area B of each individual lot as follows:
(1) 
No principal or accessory residential structures are permitted.
(2) 
Permitted uses are:
(a) 
Agricultural uses.
(b) 
Passive recreational uses.
(c) 
Construction and maintenance of access roadways, driveways, walking paths and stormwater management areas.
(d) 
Private and/or community underground septic system, leach field and well.
(e) 
A dry fire hydrant to be installed on the HOA parcel near the pond.