[Adopted 5-20-2010 by L.L. No. 2-2010]
This local law shall be known as "No. 2 of 2010" and amends
the Town of Stillwater Zoning Code to provide for the creation of
the Saratoga Lake Cluster Planned Development District.
The Town of Stillwater, New York, Zoning Code, dated August
27, 1974, last amended August 20, 2001, and the Zoning Map of the
Town of Stillwater, last amended January 23, 2006, as set forth therein
be and the same hereby are amended by changing the following described
area as set forth below from RRD Resort Residential Zoning District
extending the approximate length of Jib Drive from Route 9P and the
remaining lands within the LDR Low-Density Residential Zoning District
as such is now zoned, and creating within the boundaries of said newly
described area a planned development district to be known and described
as "Saratoga Lake Cluster Planned Development District."
A.
The area of the planned development district consists of 48.804 plus/minus
acres in the Town of Stillwater, generally includes Tax ID 206.00-1-38
and is bounded and described as follows:
All that certain plot, piece or parcel of land, lying and being
situate in the Town of Stillwater, County of Saratoga and State of
New York, and being more particularly bounded and described as follows:
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Commencing at a point in the easterly line of New
York State Route 9P at its intersection with the northerly line of
a private road known as Jib Drive; thence along said northerly line
of Jib Drive South 51° 51' 59" East, 263.27 feet to a point in
the proposed northerly line of Jib Drive; thence along said proposed
northerly line North 33° 38' 52" East, 7.02 feet and South 51°
51' 59" East, 55.26 feet to a point in the common division line between
lands to be conveyed to Michael Dougall and Deborah Ream on the west
and lands now or formerly of G & D Stillwater, LLC (Book 1753,
Page 046) on the east; thence along said common division line North
19° 04' 39" East, 120.57 feet to a point in the common division
line between the aforementioned lands of G & D Stillwater, LLC
on the east and lands now or formerly of Gerald and Carmen Heslin
(Book 738, Page 361) on the west; thence along said common division
line North 35° 37' 02" East, 149.54 feet to a point in the southerly
line of a private road known as Keel Lane; thence along said southerly
line North 64° 45' 36" West, 166.94 feet and North 61° 34'
08" West, 120.23 feet to a point in the aforementioned easterly line
of New State Route 9P; thence along said easterly line North 30°
15' 59" East, 23.65 feet to a point in the northerly line of the aforementioned
Keel Lane; thence along said northerly line South 64° 57' 06"
East, 259.20 feet to a point in the common division line between lands
now or formerly of Stanley and Patricia Kupecki (Book 909, Page 531)
on the west and the herein described parcel on the east; thence along
said common division line North 52° 41' 26" East, 91.50 feet and
North 34° 55' 14" West, 34.63 feet to a point in the southerly
line of a strip of land known as Dugway Brook; thence along said southerly
line North 64° 57' 07" West, 207.98 feet and North 63° 16'
00" West, 46.19 feet to a point in the aforementioned easterly line
of New York State Route 9P; thence along said easterly line North
34° 58' 35" East, 7.87 feet to a point in the northerly line of
the aforementioned Dugway Brook; thence along said northerly line
South 63° 42' 09" East, 252.92 feet to a point in the common division
line between lands now or formerly of Joan Verdile (Volume 1471, Page
056) on the west and the herein described parcel on the east; thence
along said common division line North 26° 09' 09" East, 100.01
feet to point in the common division line between lands now or formerly
of William and Betty Blume (Volume 1397, Page 238) on the west and
the herein described parcel on the east; thence along said common
division line North 25° 34' 08" East, 63.76 feet to point in the
common division line between lands now or formerly of Adirondack Social
Club, Inc. (Volume 1473, Page 505) on the west and the herein described
parcel on the east; thence along said common division line North 21°
43' 35" East, 39.49 feet to a point in the common division line between
lands now or formerly of Carl Baker (Volume 1396, Page 711) on the
north and the herein described parcel on the south; thence the following
four (4) courses and distances:
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1.
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South 63° 39' 45" East, 88.96 feet to a point; thence
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2.
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North 32° 15' 26" East, 3.00 feet to a point; thence
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3.
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South 63° 39' 37" East, 157.93 feet to a point; thence
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4.
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North 32° 13' 04" East, 138.00 feet to a point in the common
division line between lands now or formerly of James and Sharon Byrne
(Book 934, Page 751) on the north and the herein described parcel
on the south; thence the following three (3) courses and distances:
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1.
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South 63° 22' 39" East, 393.57 feet to a point; thence
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2.
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South 41° 43' 04" East, 514.80 feet to a point; thence
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3.
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South 52° 27' 28" East, 1059.72 feet to a point in the common
division line between lands now or formerly of The Luther Forest Corporation
(Book 978, Page 1053) on the east and the herein described parcel
on the west; thence along said common division line South 24°
27' 50" West, 710.48 feet to a point; thence in part along the common
division line between the lands of the aforementioned Luther Forest
Corporation and lands now or formerly of Lakeside Associates (Book
983, Page 549) on the south and the herein described parcel on the
north, North 68° 23' 25" West, 2101.54 feet to a point in the
common division line between lands to be conveyed to Fera Family Trust
on the west and the aforementioned G & D Stillwater, LLC on the
east; thence along said proposed division line North 40° 29' 43"
East, 206.66 feet to a point in the common division line between The
Church of St. Peter, The Apostle on the north and west and the aforementioned
G & D Stillwater, LLC on the south and east; thence along said
common division line South 51° 45' 09" East, 140.29 feet and North
38° 14' 51" East, 247.30 feet to a point; thence North 38°
08' 01" East, 23.65 feet to a point in the aforementioned Jib Drive;
thence through said Jib Drive North 51° 51' 59" West, 665.36 feet
to a point in the easterly road boundary of N.Y.S. Route 9P; thence
along said easterly road boundary North 38° 50' 09" East, 26.35
feet to the Point or Place of Beginning.
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Said parcel containing 48.804 acres, more or less.
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Subject to any enforceable easement, restrictions or covenants
of record that may exist.
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B.
The zoning for this area shall be amended as provided herein. In
any and all respects not otherwise provided for herein, if the provisions
of the PDD are silent concerning items regulated by the Town Code
of the Town of Stillwater, as such is amended from time to time, that
Code shall apply.
A.
The purpose of this local law is to provide for the rezoning of certain
land to higher density residential development in part in conformance
with certain provisions and standards hereinafter set forth which
insures the compatibility with the Town's comprehensive land use plan,
the compatibility among land uses adjacent to the PDD, to foster innovation
in site planning and development and which encourages sound design
practices.
B.
It is the further purposes of this local law to promote flexibility
and design of the PDD by creating a cohesive mixture of diverse residential
types and architectural styles in a compatible and unified plan of
development which shall be in the interest of the general welfare
of the public and which will result in a more efficient and compatible
use of the land within the PDD and with surrounding land uses and
in accordance with conditions and standards designed to mitigate environmental
impacts as needed.
C.
This local law establishes the nature, parameters and limits of the
described uses herein which are permissible within the PDD.
A.
The Saratoga Lake Cluster Planned Development District will consist
of 34 single-family homes with no other uses permitted.
B.
All open spaces not contained on an individual residential lot not
conveyed to the Town, or not made part of a special district set forth
in Appendix A shall be maintained by the homeowners' association ("HOA").
C.
All open spaces shall be precluded from any subsequent subdivisions
or development other than passive recreation. These lands shall have
a deed restriction placed upon them stating such restrictions.
B.
Pole lamps shall be located in the front yards of each residential
lot.
C.
Street lamps are not required.
D.
Each residential living unit shall have at least a one-car garage.
No garage shall be converted into living space.
F.
Decks and pools shall be allowed and shall be installed within the
setbacks of each respective lot as set forth in the bulk lot requirements.
G.
Fences shall be permitted and shall comply with all applicable rules
and regulations concerning their construction. This shall exclude
any fencing required for public/private utility areas.
H.
Landscaping for all residential units shall be completed and shall
include at a minimum two shade trees in the front yard of each lot
outside of any rights-of-way or easements and shall be a minimum of
2 1/2 inches caliper.
I.
The residential units shall be subject to restrictive covenants which
shall be contained in the deeds from the developer and shall run with
the land. These covenants should include the following, but the final
set of covenants and restrictions shall be determined by the Town
of Stillwater Planning Board during the subdivision review process:
(1)
The HOA shall be responsible for snow removal, maintenance,
repair and replacement of the private roads and trails throughout
the PDD or at other locations proposed within the PDD as depicted
on the concept plan found in Appendix B.[3]
[3]
Editor's Note: Said appendix is not included at the end of
this chapter.
(2)
There shall be no outside storage of any products or equipment
after final construction or subsequent remodeling of the premises
is completed. There shall be no storage of nonregistered vehicles
or of any trailers, boats, snowmobiles, ATVs or personal watercraft
within the front yards of any lot. The Stillwater Town Building Department
shall be empowered to enforce these provisions. Violations shall be
subject to fines as dictated in the most current adopted code violation
schedule of the Town at the time of issuance of the violation/citation.
(3)
There shall be no parking on the section of Jib Drive with a
reduced right-of-way width which measures approximately 263.27 linear
feet from the intersection of Jib Drive and 9P.
(4)
A multi-use trail exists on the property, and from time to time
winter recreation vehicles may be in use on these trails resulting
in periodic noise above ambient noise levels.
(5)
No lot shall be further subdivided.
J.
It is understood and agreed that if a special district is formed
in this area and any and/or all lands of the PDD are included, the
property owners of lands located within a special district shall agree
to participate and pay associated fees deemed appropriate.
K.
Signs.
(1)
There may be project identification signs. The final design
and location shall be determined at subdivision plan review. The lighting,
if any, of a sign shall be determined at subdivision review. The maintenance
of all signs in this development, excluding traffic regulatory signage
along Town-owned roads, shall be the responsibility of the HOA. All
traffic regulatory signs shall conform to the Town's and MUTCD standards.
(2)
All traffic control devices, roadway signs, and all road markings
associated with this development shall be completed by the developer
prior to the issuance of any certificate of occupancy and, where applicable,
shall be in conformance with the requirements of the Town of Stillwater
and State of New York.
L.
There shall be located on the front of each house and clearly visible
from the road, in contrasting color and in a uniform location, at
least six inches in height, the designated 911 emergency house numbers
prior to the issuance of a certificate of occupancy.
M.
All buildings will be constructed in accordance with the current
building codes as adopted by the Town of Stillwater, as amended. All
blueprints and building specifications shall be approved and stamped
by a duly licensed engineer or architect. All construction shall be
subject to the inspection and approval of the Town Code Enforcement
Officer, Town Engineers or other duly appointed agents of the Town.
N.
All new utilities shall be installed underground.
O.
Public water shall be provided to the PDD from the Saratoga Glen
Hollow Water Corporation with the parcel located within the permitted
service area of the water supply system.
P.
Public sanitary sewers shall be provided to the PDD from the Saratoga
County Sewer District No. 1, with the parcel located within the existing
sewer district boundaries.
Q.
Public storm sewer systems shall be provided to the PDD and shall
be designed in accordance with the Town of Stillwater standards and
specifications in existence at the time of preliminary subdivision
approval that will be conveyed to the Town of Stillwater and the New
York State Department of Transportation if they exist within the Route
9P right-of-way.
A.
Sewer will be supplied by the Saratoga County Sewer District No.
1. The developer, at its expense, will provide the connection to the
existing sewer system.
B.
All sewer facilities shall be designed and constructed in accordance
with the standards of the Saratoga County Sewer District No. 1 and
any and all applicable Town, state and federal agencies having jurisdiction.
C.
The developer shall evaluate the current capacity of the receiving
sewer treatment and conveyance systems to determine if any improvements
are necessary to support the full buildout of the PDD. This study
shall be provided to the Town and other appropriate regulatory agencies
during the subdivision review process. The developer agrees to provide
for any and all required improvements to the existing sewer system
that are necessary to accommodate this PDD and shall complete these
improvements at no cost to the Town.
D.
The developer agrees to offer for dedication to the Saratoga County
Sewer District No. 1 all completed on-site and off-site sewer facilities
at no cost to the Town of Stillwater.
E.
The developer shall provide easements at a width acceptable to the
Saratoga County Sewer District No. 1 that may be required and shall
include easements over any private lands or public lands conveyed
to the Town as part of this PDD.
F.
If any individual sewer grinder pumps are required for this project
either as part of the initial design approval or in the future, the
Town will not accept any responsibility for maintenance and operation
of the individual grinder pumps.
A.
Water will be supplied by the Saratoga Glen Hollow Water Corporation.
The developer, at its expense, will provide the connection to the
existing water distribution system, which shall include individual
service connections for all existing subdivided lots from the point
of connection to the project site along Route 9P and Jib Drive, and
the individual service connections shall extend from the installed
water main, up to the existing right-of-way permitting a future connection
by individual residences/users. The intent is that the developer install
individual service connections for both the new lots within the development
as well as all existing lots passed from the point of connection to
the current water system up to the project.
B.
All water facilities shall be designed and constructed in accordance
with the standards of the Saratoga Hollow Water Corporation, and any
and all applicable Town, state and federal agencies having jurisdiction.
C.
The developer shall evaluate the current capacity of the existing
Saratoga Glen Hollow Water Corporation water supply, treatment, storage
and distribution systems to determine if any improvements are necessary
to support the full buildout of the PDD. This study shall be provided
to the Town and other appropriate regulatory agencies during the subdivision
review process. The developer agrees to provide for any and all required
improvements to the existing water system that are necessary to accommodate
this PDD and shall complete these improvements at no cost to the Town.
D.
The developer agrees to offer for dedication to the Saratoga Glen
Hollow Water Corporation all completed on-site and off-site water
facilities at no cost to the Town of Stillwater.
E.
The developer shall provide easements at a width acceptable to the
Saratoga Hollow Water Corporation that may be required and shall include
easements over any private lands or public lands conveyed to the Town
as part of this PDD.
F.
Fire hydrants shall be installed throughout the project by the developer
pursuant to the Building Code and the Fire Code and Town of Stillwater
requirements.
A.
All stormwater management plans and associated utilities shall conform
to the specifications of the Town of Stillwater in effect at the time
of subdivision application being made by the developer and the latest
version of the NYSDEC New York State Stormwater Management Design
Manual.
B.
At the time of application for subdivision review, a fully conforming
stormwater pollution prevention plan (SWPPP) shall be submitted for
review that complies with all Town of Stillwater codes, rules, regulations
and design requirements in effect at the time of subdivision application
being made by the developer and NYSDEC New York State Stormwater Management
Design Manual.
C.
The developer agrees to offer for dedication to the Town of Stillwater
all completed on-site stormwater facilities that have been installed
on current or proposed lands, easements or rights-of-way owned or
conveyed to the Town of Stillwater at no cost to the Town of Stillwater.
D.
The Town shall determine what portions of these facilities are appropriate
for ownership by the Town.
E.
The developer shall provide easements a minimum of 30 feet in width
for any storm sewer pipes crossing privately owned land or, when along
private roads, the entire width of a private right-of-way and shall
offer these utility easements along with the installed infrastructure
for dedication to the Town of Stillwater at no cost.
F.
For any stormwater infrastructure intended to remain under the ownership
of the HOA, there shall be an executed Town of Stillwater stormwater
maintenance agreement. Said agreement shall be executed by the developer
and the Town and filed with the Saratoga County Clerk's office prior
to any site disturbances subject to general permit GP-0-008-01 or
latest addendum.
G.
For any stormwater management area that is conveyed to the Town,
the HOA will be granted an access and landscaping easement outside
the operational area of the stormwater management areas for the placement
and maintenance of landscaping for enhancement of these areas. The
Town and developer shall execute a hold harmless agreement relieving
the Town of any responsibility for damage that may occur to any landscaping
in these areas that may result during the course of ongoing maintenance
operations undertaken by the Town.
H.
The owner of the planned development district site, for itself and
its successors and assigns, hereby agrees that, if the Town of Stillwater,
New York, creates a new or extends a municipal drainage district pursuant
to Town Law Article 12 or Article 12A or otherwise, which district
includes the site of the planned development district, in whole or
in part, along with other areas of the Town of Stillwater, then the
owner(s) agrees that the owner(s) or the entity in ownership of the
real property at the time said fee or charge is levied shall pay the
same proportional fee, charges and capital cost as all other like,
situated and/or improved real property owners within the municipally
created drainage district, even though the real property with associated
improvements, if any, which the individual or entity owns is connected
to and paying the use charges and fees for the storm sewer system
created by the owner. This responsibility shall run with the land.
In purchasing any property within the planned development district,
the purchaser acquires such property encumbered by the obligation
to participate in, or contribute to, any special improvement district
for the provision of storm sewer transportation which may be established
for provision of such services to any area of the Town which includes
that portion of the planned development district in which his or her
land is located. A covenant and restriction consistent herewith, and
in a form acceptable to the Town of Stillwater, shall be included
in the chain of title to all subsequent purchasers.
I.
A Town drainage district shall be formed to include portions of the
PDD site.
A.
Town roads.
(1)
All roadways within the PDD that are intended for conveyance
to the Town shall be constructed in conformance with the Town of Stillwater
specifications and design requirements in effect at the time of preliminary
subdivision application.
(2)
All Town roads shall be located within a dedicated right-of-way
meeting the Town's standards, with the road general centered within
the right-of-way, with the exception of the first 263 feet of Jib
Drive, which shall have a right-of-way no less than 48 feet.
(3)
All roadways within the PDD shall include a five-foot-wide bicycle
pathway adjacent to the road shoulder on either side of the roadway
in lieu of sidewalks.
(4)
These roadways and pathways and associated rights-of-way, upon
construction, shall be offered for dedication to the Town of Stillwater,
New York.
B.
Private roads.
(1)
All roadways within the PDD that are intended to remain under
the ownership of the HOA shall be constructed in conformance with
the Town of Stillwater specifications and design requirements in effect
at the time of preliminary subdivision application, with the following
modifications:
(2)
The HOA shall be responsible for all operation and maintenance
of all private roads, including but not limited to any needed repairs
or snow removal. The Town reserves the right to periodically assess
the condition of the roadways and direct the HOA to make the necessary
repairs that are in the interest of the public health and safety.
The HOA shall make the repairs deemed appropriate by the Town in a
timely manner. If the HOA fails to make the necessary repairs, then
the Town may, on its own, make the repairs and assess any incurred
expenses back to the HOA.
(3)
Keel Lane will serve as a secondary emergency access. It shall
be owned and maintained by the HOA and shall be paved to Town of Stillwater
highway standards (except as to width) so as to accommodate heavy
emergency vehicles.
C.
Multi-use trail.
(2)
The HOA shall be responsible for all operation and maintenance
of the multi-use trail, including but not limited to any needed repairs.
The Town reserves the right to periodically assess the condition of
the multi-use trail and direct the HOA to make the necessary repairs
that are in the interest of the public health and safety. The HOA
shall make the repairs deemed appropriate by the Town in a timely
manner. If the HOA fails to make the necessary repairs, then the Town
may, on its own, make the repairs and assess any incurred expenses
back to the HOA.
(3)
If the final location of the multi-use trail resides within
the Town right-of-way, then the HOA shall be granted an easement over
those portions within the right-of-way permitting the HOA access and
maintenance rights. The Town and developer shall execute a hold harmless
agreement relieving the Town of any responsibility for damage that
may occur to the multi-use trail that may result during the course
of ongoing maintenance operations undertaken by the Town within their
right-of-way.
A.
All federal- and state-designated wetlands located within the PDD
and/or adjacent to the PDD have been flagged and delineated and are
shown pursuant to the plan attached hereto as Appendix B.[1] The developer shall be required to comply with all wetland
determinations and mitigation measures as prescribed by the state
and/or federal authorities.
[1]
Editor's Note: Said appendix is not included at the end of
this chapter.
B.
Notice of the possibility of wetlands and the limitations of use
of said lands shall be provided in writing to prospective purchasers
of residential property that contains regulated wetlands. The developer
shall note and indicate all designated wetlands on any sales map or
literature displayed or provided to potential purchasers.
C.
If a residential unit in this PDD is built on speculation, a copy
of the executed notification shall be provided to the Town of Stillwater
prior to the issuance of a certificate of occupancy.
The developer shall be responsible for reimbursing the Town
for any and all expenses incurred for the review of this project as
stipulated within the Town's subdivision and zoning regulations. This
shall also include costs incurred for the construction observation
of all or portions of the PDD's construction or services related to
conveyance of infrastructure to the Town.
Upon receipt of final plat approval and filing with the Saratoga
County Clerk, the developer shall:
A.
File bonds or letters of credit with the Town Supervisor in the amounts
and for the time periods required by the Town Planning Board and/or
Town Board and acceptable as to amount and form to the Town Engineers
and Town Attorney to guarantee such performance and/or completion
of the requirements of this planned development district local law
prior to issuance of a certificate of occupancy, guaranteeing satisfactory
completion of the utility system and required infrastructure items.
Only after this is completed to the satisfaction of the Town, the
developer may proceed with the construction of all proposed improvements
or any single-family home within the development. Following dedication
of all improvements to the Town, the developer may request a reduction
in the provided security to a value no less than 20% of the original
amount. This security shall remain in effect for one year following
formal acceptance by the Town and shall serve as a maintenance security;
or
B.
Provide no initial bonds or letters of credit and proceed with the
construction of one single-family home and all proposed improvements.
Upon completion and successful dedication of the installed facilities
to the Town or other agencies/corporations, the developer shall file
bonds or letters of credit with the Town Supervisor in the amounts
equal to any outstanding and unfinished items and for the time periods
required by the Town Planning Board and/or Town Board and acceptable
as to amount and form to the Town Engineers and Town Attorney to guarantee
such performance and/or completion of the outstanding items within
this planned development district local law prior to issuance of a
certificate of occupancy of any single-family home beyond the first
building permit issued so to guarantee satisfactory completion of
the utility system and required infrastructure items.
A.
The Stillwater Town Board, as lead agency for this project pursuant
to the State Environmental Quality Review Act, finds this project
is in compliance with the Town-wide GEIS and 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
Appendix D.[1] The developer agrees to comply with all of the mitigating
measures which are a part thereof, at the sole cost and expense of
the developer and at no cost to the Town.
[1]
Editor's Note: Said appendix is not included at the end of
this chapter.
B.
No certificate of occupancy for any building within the boundaries
of the PDD will be issued until the mitigating measures are completed.
Attached and made a part hereof as appendixes are documentation,
diagrams, and plans associated with the planned development district
as follows:[1]
A.
Appendix A: Concept Subdivision Plan, prepared by WSB Sells, dated
2009, last revised October 28, 2009, and project narrative.
B.
Appendix B: SEQRA negative declaration determination.
[1]
Editor's Note: Said appendixes are not included at the end
of this chapter.
The Town of Stillwater Zoning Map, with the last amendment dated
January 23, 2006, is hereby amended by providing that said Saratoga
Lake Cluster Planned Development District be set forth on the Zoning
Map of the Town of Stillwater and on any supplementary map later adopted
by the Town Board and of which are hereby made a part of this local
law.
This local law shall take effect 10 days after approval of the
Town Board and posting and publishing in the official newspaper of
the Town of Stillwater as required by law.
In the event construction does not commence on any lands in
this development within three years of its approval by the Stillwater
Town Board, this legislation shall be deemed null and void, and the
zoning of these lands shall revert to their current zoning. The developer
may apply to the Town Board for a reasonable extension of time before
the end of the original three-year period based on hardship which
was not self-imposed.
If any part of this local law is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this local
law.