[Adopted 8-19-2010 by L.L. No. 5-2010]
This local law shall be known as "No. 5 of 2010," establishing
the Saratoga Pointe Planned Development District ("PDD"), which amends
the Town of Stillwater Zoning Law.
The Town of Stillwater Zoning Law, dated August 27, 1974, last amended August 20, 2001, and the Town of Stillwater Zoning Map, last amended January 23, 2006, shall be, and the same hereby are, amended by changing the area described in § 211-218 of this local law from the existing zoning districts to a planned development district to be known and described as the "Saratoga Pointe Planned Development District," located in the Town of Stillwater, Saratoga County, New York.
The Saratoga Pointe PDD shall be located in the Town of Stillwater,
on a parcel of land located on Route 423, and comprising 81 acres,
more or less, and identified as Tax Map Parcel Nos. 219-1-2, 3, 4,
5.1 and 5.2 and Tax Map Parcel Nos. 219.05-1-3, 12, and as more specifically
described in the metes and bounds property description attached as
Appendix 1.[1]
[1]
Editor's Note: Said appendix is included at the end of this chapter.
A.
When coordinated with the municipal comprehensive plan, planned unit
development can be an effective tool for guiding development in ways
that support community goals and priorities.
B.
Planned unit development provides a means by which different land
uses within an area covered by a single development plan may be combined
to achieve compatibility among such uses. Unattainable with traditional
municipal zoning techniques, planned unit development provides flexibility
in the regulation of land use development in order to i) encourage
innovation in land use variety and design, in the layout and type
of new structures and in their integration with existing structures;
ii) enhance efficiency in the use of land, natural resources, energy,
community services and utilities; iii) encourage open space preservation
and protection of natural resources, historic sites and structures;
iv) facilitate the provision of housing and improved residential environments;
and v) enhance the ability of municipalities to promote business and
employment opportunities.
C.
Specifically, planned development districts can:
(1)
Provide a procedure which can relate the type, design and layout
of residential and commercial development to the particular site,
thereby encouraging preservation of the site's natural characteristics;
and
(2)
Encourage innovations in residential and commercial development
so that the growing demands of the population may be met by greater
variety in type, design, and layout of residential, commercial, and
open space land uses.
D.
The Saratoga Pointe Planned Development District ("PDD") is established
as a zone within the Town of Stillwater in order to:
(1)
Provide a choice of housing size and style for existing and
potential residents of the Town which is not currently available.
The residential units are available in a variety of styles and will
be priced at a range that is affordable to residents, including workforce
housing.
(2)
The project is designed to maximize the open space on the project
site. The design incorporates large, undeveloped tracts with paths
for walking and smaller park/recreation areas in the center of the
project site. Almost all lots adjoin open space, and several lots
have been left open to create a linkage between the open space/recreation
areas.
(3)
The project incorporates a lot for commercial uses, which will
be convenient for existing residents of the area and the residential
lots located in the project site.
(4)
The project preserves over 51 acres of natural areas. The natural
topography will be preserved, and the stormwater detention basins
and natural wetlands will prevent soil erosion and stormwater runoff.
(5)
The project represents a creative use of the land that avoids
large-lot, single-family homes. The project plan is designed to minimize
the amount of road and infrastructure that is required by allowing
smaller homes to be closely situated while maintaining natural areas
for buffers and recreational use by the residents. The project allows
for an orderly transition from the previous use of the land (a mobile
home park) to a community suitable for workforce housing and other
residents who desire to downsize.
(6)
The compact design of the project is an efficient use of the
land. The relatively small lots and zero lot line lots result in an
efficient network of utilities, roadways and services, which will
lower housing costs. This is also accomplished by reducing the amount
of roads, driveways and sidewalks necessary to serve the 125 residential
units, while preserving a large tract of the land for park areas/recreational
use.
(7)
The project represents a development pattern that is in harmony
with the objectives of the Comprehensive Plan. This includes:
(a)
The project will add diversity of housing sizes and types to
meet the needs of an aging population and residents who need affordable,
workforce housing.
(b)
The project represents a compact development node.
(c)
The residential and commercial components of the project will
promote a balanced tax base.
(d)
The project will expand areas for passive recreational opportunities.
(e)
The project incorporates sidewalks and walking paths.
(f)
The project protects the natural features of the site, especially
a wooded wetland.
(g)
The project is an example of conservation subdivision design.
(8)
The project design provides a more desirable environment than
possible under existing zoning conditions. The design eliminates extensive
road networks and driveways and makes it economically feasible to
build an affordable housing community. These desirable features would
not be available under a strict application of the zoning laws in
the existing commercial and residential zoning districts.
A.
The concept plan for Saratoga Pointe consists of 126 lots on a ±
eighty-one-acre site on NYS Route 423 (Battlefield Road), near the
intersection of Route 9P. The applicant shall construct the project
in substantial conformance with the concept plan annexed as Exhibit
2 and the description set forth below.
B.
The concept plan (Appendix, Exhibit 2)[1] provides for a single entrance to the subdivision, with
the internal roads designed in two loops or lobes. A commercial lot
is proposed near the entrance of the subdivision, and all other lots
are buffered from the frontage on Route 423 by existing vegetation.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
C.
Due to the compact design of the subdivision, a large area of the
site (approximately 51.5 acres) will remain in a natural state. Almost
every lot in the subdivision abuts common space or natural areas.
All the natural areas are connected by walking paths, accessed by
open common areas. There are common areas in the center of each of
the two interior loop roads in the subdivision, which will remain
open for passive recreation and play areas. Sidewalks are included
in the concept plan.
D.
The project is designed for workforce housing and empty nesters,
who do not want to maintain large homes and yards. The homes will
be priced in the $225,000 to $350,000 range, which is significantly
less than the mean price of new construction in the region. There
is currently no residential project in the area similar to the layout
and design of Saratoga Pointe.
E.
The design includes a mix of home styles, including zero lot line
homes, which are similar to a duplex, but are built on separate lots.
The applicant provided samples of the home styles, which includes
a variety of designs, including houses with front porches near the
sidewalks/streets. The mixture of homes in the subdivision shall comply
with the following minimum ratios: 1) the number of homes using the
zero lot line design will comprise no less than 20% of all home styles
constructed in each phase of Phases I and II of the project; and 2)
the number of homes using a traditional single-family design style
with front porches will comprise no less than 20% of all homes styles
constructed in each phase of Phases I and II.
F.
The concept plan includes a commercial lot, capable of accommodating
multiple buildings on Route 423. The list of permitted commercial
uses is annexed as Appendix, Exhibit 3.[2] The commercial building(s) will be constructed in an architectural
style similar to the homes in the Saratoga Pointe neighborhood. Improvements
constructed on the commercial lot shall maintain a fifty-foot rear
and side yard setback and a thirty-foot front yard setback.
[2]
Editor's Note: Said appendix is included at the end of this chapter.
G.
Construction of the project will proceed in three phases, as depicted
on Appendix, Exhibit 4.[3]
[3]
Editor's Note: Said appendix is included at the end of this chapter.
H.
The common areas (not including roads and sidewalks) in the subdivision
shall be owned by a homeowners' association ("HOA"). The HOA shall
be responsible for the maintenance and operation of the common areas,
including any paths and improvements located in the common areas.
The HOA also shall be responsible for the maintenance of the sidewalks,
including snow removal.
I.
The deeds to each lot shall state that A) the lot is subject to the
HOA and the restrictions and limitations imposed by the PDD law, B)
no dumping shall occur in the open space/common areas, and C) no further
subdivision or development of the lands shall be permitted.
J.
The detailed stormwater detention and discharge plans for the project
will be developed prior to site plan and subdivision review and will
be subject to approval of the New York State Department of Environmental
Conservation ("DEC"). The applicant shall create a drainage district
so that the owners of the lots in the Saratoga Pointe PDD will be
responsible for the maintenance and operation costs associated with
the stormwater detention and discharge system. When Phase III (the
commercial lot) is developed, the owner of the commercial lot shall
have the option of either 1) developing its own stormwater detention
and discharge plan or 2) joining the drainage district.
K.
The final layout of the driveway entrance to the subdivision shall
be subject to DOT review and approval. The internal roadways shall
be built according to the Town's specification and dedicated to the
Town. A temporary turnaround shall be provided during Phase I of the
project.
L.
The connection point (road stub) shall be shown on the subdivision
plan for any future connection to Mason Street, and the applicant
will convey title to the unconstructed Mason Street to the Town to
facilitate any future connection.
M.
Each residential living unit shall have at least a one-car garage.
No garage shall be converted into living space.
O.
Decks and pools shall be allowed and shall be installed within the
setbacks of each respective lot as set forth in bulk lot requirements.
P.
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.
Q.
Landscaping for all residential units shall be completed and shall
include, at a minimum, two shade trees per lot, which shall be placed
outside of any rights-of-way or easements and shall be a minimum of
2 1/2 inches caliper.
R.
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 subdivision review process:
(1)
Each homeowner shall be primarily responsible for snow removal,
maintenance, repair and replacement of the sidewalk abutting the owner's
lot. If the homeowner fails to fulfill its obligations regarding the
sidewalks, the HOA shall then be responsible for ensuring that the
sidewalks are maintained, repaired and replaced, as needed.
(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)
A multi-use trail exists near 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.
(4)
No lot shall be further subdivided.
S.
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.
T.
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- or state-owned roads, shall be the responsibility of the
HOA. All traffic regulatory signs shall conform to the Town's and
MUTCD standards.
(2)
Any traffic control devices, roadway signs, and all road markings
associated with each phase of this development shall be completed
by the developer for each phase prior to the issuance of any certificate
of occupancy within that phase and, where applicable, shall be in
conformance with the requirements of the Town of Stillwater and State
of New York.
U.
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.
V.
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.
W.
All new utilities shall be installed underground.
X.
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.
Y.
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.
Z.
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 state
right-of-way for Routes 9P or 423.
A.
A.
Sewer will be supplied by the Saratoga County Sewer District No.
1. The developer, at its expense, shall 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 423, 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
residence/users.
B.
All water facilities shall be designed and constructed in accordance
with the standards of the Saratoga Glen 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 Glen 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.
G.
The developer, at its sole cost, shall install a new well on the
lot owned by Nick John D'Agastino, Tax Map Parcel No. 219.05-1-13,
or provide a connection to the Saratoga Glen Hollow Water Corporation
System constructed for the project. The well (or water connection)
shall be installed prior to construction of any homes.
A.
All stormwater management facilities 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
any 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 an existing, 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.
A.
All roadways within the PDD are intended for conveyance to the Town
and shall be constructed in conformance with the Town of Stillwater
specifications and design requirements in effect at the time of preliminary
subdivision application.
B.
All Town roads shall be located within a dedicated right-of-way meeting
the Town's standards.
C.
These roadways and associated rights-of-way, upon construction, shall
be offered for dedication to the Town of Stillwater, New York.
A.
A five-foot-wide concrete sidewalk shall be constructed along one
side of all roads being conveyed to the Town of Stillwater as depicted
on the plan included in Appendix 2.
B.
All sidewalks within the PDD are intended for conveyance to the Town
and shall be constructed in conformance with the Town of Stillwater
specifications and design requirements in effect at the time of preliminary
subdivision application.
C.
The sidewalk shall be constructed in accordance with ADA standards.
D.
Each homeowner shall be responsible for snow removal, maintenance,
and repair of the sidewalk abutting the owner's lot. If the owner
fails to fulfill its obligations, the HOA shall be responsible for
maintenance, repair and replacement of the sidewalks, including but
not limited to any needed repairs or snow removal. The Town reserves
the right to periodically assess the condition of the sidewalks 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 lot owner or HOA.
A.
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.
B.
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 the right-of-way.
A.
All federal- and state-designated wetlands located within the PDD
have been flagged and delineated and are shown on the plans filed
with the application. The developer shall be required to comply with
all wetland determinations and mitigation measures as prescribed by
the state and/or federal authorities.
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, if any, 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.
A.
Approximately 51 acres of open space in the locations shown on the
plan provided in Appendix 2 shall be conveyed to the HOA.
B.
The open space shall be precluded from any subsequent subdivision
or development, excluding passive recreation areas and walking trails
shown on the concept plan.
C.
The HOA shall be responsible for any and all maintenance and operation
of the open space.
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-designated
engineer 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 may the
developer 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-designated engineer 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.
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.
B.
No certificate of occupancy for any building within the boundaries
of the PDD will be issued until the mitigating measures are completed.
Following adoption of this local law, the developer shall make
application to the Town of Stillwater for the following planning-related
approvals:
Attached to this local law and made a part hereof as appendixes
are documentation, diagrams, and plans associated with the planned
development district as follows:[1]
A.
Metes and bounds description of property located in PDD.
B.
Concept plan, dated March 2010, last revised April 23, 2010.
C.
Schedule of permitted uses on commercial lot.
D.
Concept plan showing phases/staging.
[1]
Editor's Note: Said appendixes are included at the end of
this chapter.
The Town of Stillwater Zoning Map is hereby amended by providing
that said Saratoga Pointe 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.
A.
The following is a list of factors considered by the Town Board when
reviewing the PDD:
(1)
The need for the proposed use(s) in the proposed location.
(2)
The availability and adequacy of water service.
(3)
The availability and adequacy of sanitary waste disposal facilities.
(4)
The availability and adequacy of transportation systems, including
the impact on the road network.
(5)
The pedestrian circulation and open space network in relation
to structures and uses.
(6)
The character of the neighborhood in which the PDD is being
proposed, including the safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood
in general.
(7)
The height and mass of buildings and their relation to other
structures in the vicinity.
(8)
Potential impacts on local government services.
(9)
Potential impacts on environmental resources, including wetlands,
surface water, floodplains, and plant and wildlife communities.
(10)
The general ability of the land to support the development,
including such factors as slope, depth to bedrock, depth to water
table and soil type.
(11)
Other factors as may be deemed appropriate.
B.
The Town Board also has considered the following:
(1)
Whether the project provides a choice in the types of environment,
occupancy tenure (e.g., individual ownership, condominium leasing),
types of housing and sizes and community facilities available to existing
and potential residents at all economic levels.
(2)
Whether the project provides more usable open space and recreation
areas, including the linkage of open space areas.
(3)
Whether the project provides more convenience in location of
industrial, commercial and services areas, if applicable.
(4)
Whether the project provides for the preservation of trees,
outstanding natural topographic and geologic features and prevention
of soil erosion.
(5)
Whether the project provides for a creative use of land and
related physical development which allows an orderly transition of
land.
(6)
Whether the project provides for an efficient use of land resulting
in smaller networks of utilities and services, thereby lowering housing
costs.
(7)
Whether the project provides a development pattern in harmony
with the objectives of the Comprehensive Plan.
(8)
Whether the project provides a more desirable environment than
would be possible through the strict application of the Zoning Law.
C.
The Town Board also considered the goals set forth in the Comprehensive
Plan.
D.
The Town Board's findings with respect to the above criteria and
considerations are set forth in the resolution approving this local
law.
A.
The Town Board approval of the planned development district zone
change grants the applicant permission for development of the specific
proposed use submitted to and approved by the Town Board and contained
in this local law.
B.
Upon approval of the Saratoga Pointe PDD, it shall be filed in the
office of the Town Clerk. The approval shall then be promptly transmitted
to the Town Planning Board to allow the Town Planning Board to consider
approval of the site plan, subdivision, and any other approvals normally
granted by the Town Planning Board for the development contemplated.
Unless a definition is expressly provided below, terms appearing
throughout this local law are defined in the Town of Stillwater Zoning
Law ("Zoning Law"), as revised through the effective date hereof,
or through their ordinary usage.
The following are permitted uses within the planned development
district, together with accessory uses thereto and accessory buildings
therefor:
Of the ± 81 acres on the project site, approximately
51.5 acres will be preserved as open space and be retained for passive
recreation. This represents 63.4% of the property. The recreation
areas shall be owned, managed and stewarded by a homeowners' association
formed for the Saratoga Pointe PDD.
All dwelling units and commercial buildings shall be constructed
in accordance with the design and exterior finishes submitted by the
applicant with its application.
Commercial uses shall only be permitted on the lot designated
as the proposed commercial lot on the concept plan annexed as Appendix,
Exhibit 2.[1] The commercial building will be consistent with the PDD's
architectural style and the site plan requirements and any conditions
to be established by the Planning Board. The architectural style must
be approved by the applicant or its successors. Notwithstanding the
foregoing, if the applicant is unable to identify a viable commercial
buyer or tenant for the commercial lot and obtain site plan approval
for such use on or before December 31, 2020, or when the residential
buildout is complete, whichever is sooner, the applicant or owner
of the commercial lot may apply to the Town Board to convert the commercial
lot to residential use.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
At the election of the applicant, the entire PDD may be constructed
in phases or stages, as shown on Appendix, Exhibit 4,[1] and as dictated by the applicant's financial models, market
conditions, and/or the requirements of its lending institution(s).
The first phase will be the construction of dwelling units on lots
located in Phase 1, as illustrated on the concept plan.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
Prior to construction within any phase, the project sponsor
shall obtain a building permit from the Town of Stillwater Code Enforcement
Officer or Building Department (the "Building Department"). A certificate
of occupancy must be obtained from the Building Department prior to
occupying all or any portion of any newly constructed building within
the PDD. A certificate of occupancy will be granted by the Building
Department for occupancy of the completed portion of any building
as permitted by the New York State Fire Prevention and Building Code
(the "Building Code") and the provisions of this local law.
Any violations of the provisions of this local law shall be
deemed a violation of the Zoning Law, and the provisions hereof shall
be enforceable pursuant to the enforcement provisions of the said
Zoning Law. The Town may also seek any other remedies as allowed under
law.
The Town Board of the Town of Stillwater, pursuant to the Municipal
Home Rule Law, hereby supersedes Town Law §§ 271, 274-a(2),
and 276(2).
In any instances where specific permitted uses, setbacks or
dimensional requirements, development guidelines and/or review procedures
specifically set forth in this PDD conflict with other general provisions
or requirements of the Zoning Law or the Subdivision Law of the Town
of Stillwater, the particular provisions set forth herein shall take
precedence. In all instances not specifically addressed in this PDD
or the approved specifications and plans, the Zoning Law shall apply.
If any section or subsection, paragraph, clause, phrase or provision
of this local law be adjudged invalid for any reason or shall be deleted
or subsequently repealed, the same shall not affect the validity of
this local law as a whole or any part or provision hereof other than
the part to be adjudged to be invalid and/or deleted and/or subsequently
repealed.
This local law shall take effect immediately upon filing with
the Secretary of State in accordance with the Municipal Home Rule
Law of the State of New York.
