[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."
|
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.
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.
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.
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.
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:
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.
