[Adopted 12-20-2018 by L.L. No. 8-2018]
This Planned Development District shall be known as "Bocrest Fields Planned Development District," Local Law 8 of 2018, amending the Zoning Law of the Town of Stillwater, Local Law No. 1 of 2001, and the map and official regulations relating to zoning in the Town of Stillwater, creating a planned development district known as "Bocrest Fields Planned Development District" and added to the Stillwater Town Code as Article
XVI of Chapter
211 at the end thereof.
Local Law No. 1 of 2001 of the Town of Stillwater, entitled
"Zoning," and the Zoning Map of the Town of Stillwater, as set forth
and previously amended and supplemented, be and the same hereby are
further amended by creating the multifamily planned development district
to be known as and described as "Bocrest Fields Planned Development
District."
The area comprising the Bocrest Fields Planned Development District
consists of 86.66 acres located at the southeast comer of Halfway
House Road and Brickyard Road, in the Town of Stillwater, County of
Saratoga, in the State of New York, with a Parcel Identification Number
253.-2-25. Bocrest Fields Planned Development is bounded and described
as set forth in the legal description in Exhibit A attached hereto
and made part hereof and as shown on a conceptual site plan thereof prepared
by C. T. Male Associates, dated March 6, 2017, labeled "Bocrest Fields
Planned Development District, Proposed Site Development Plan."
There shall be constructed within the area of said Bocrest Fields
Planned Development District a project generally consistent with the
conceptual site plan prepared by C.T. Male Associates, dated March
6, 2017, labeled "Bocrest Fields Planned Development District, Proposed
Site Development Plan," consisting of a maximum of 214 apartment units
in a mix of one-, two-, and three- bedrooms units. The project will
consist of a mix of building designs and layouts. This may include
one-, two-, or three-story buildings. Two single-family residential
lots are proposed with frontage on Brickyard Road at the southwest
boundary of the site consisting of approximately 1.65 acres and 1.51
acres, respectively. The apartment buildings and two single-family
lots, together with the necessary infrastructure and improvements,
shall be in strict conformity with the local laws governing zoning
and planned development districts of the Town of Stillwater, and also
in accordance with the SEQRA determination issued by the Town Board
of Stillwater as lead agency.
Before application is made for any building permit, preliminary
and final site plan approvals shall be obtained from the Planning
Board of the Town of Stillwater and County of Saratoga, and the final
plan shall be signed, reviewed, sent or consented to by all required
governmental entities having limited or lead jurisdiction thereof,
which may include, but not be limited to, Town of Stillwater Planning
Department, Saratoga County Water Authority (SCWA), Saratoga County
Sewer District No. 1 (SCSD#l), Saratoga County Planning Board, United
States Army Corps of Engineers (USACOE), New York State Department
of Health (NYSDOH) and New York State Department of Environmental
Conservation (NYSDEC). The final plan shall be filed in total, as
approved by the Stillwater Planning Board, in the Saratoga County
Clerk's office. The exact location and specifications of roadways,
buffers, green space and other related matters may be changed or altered
during the Town of Stillwater Planning Board review process in a manner
generally consistent with the final approved site plan.
A. Two new single-family lots consisting of approximately 1.65 acres and 1.51 acres are proposed to be subdivided in accordance with the Code of the Town of Stillwater Chapter
176. The two single-family lots shall meet the following setbacks: thirty-five-foot front yard setback, twenty-foot side yard setback, thirty-foot rear yard setback, maximum 40% lot coverage, and maximum thirty-five-foot height.
B. Sheds. Sheds will be allowed in the rear yards of single-family lots
with a maximum size of 200 square feet and set back from rear and
side property lines a minimum of five feet.
C. Ownership. Single-family home lots are to be owned and maintained
under private ownership.
D. The two lots will connect to the Town water line in Brickyard Road
and will have private on-site septic systems, with the possible future
connection to the municipal County-owned sewer system.
A. Apartments. The remaining approximate 83.3-acre parcel will contain
the 214-unit apartment complex constructed with a single access point
on Halfway House Road. The bulk area density for this parcel will
be 12 units per acre. This lot will have approximately 18.4 acres
of disturbed area with 64.9 acres of open space.
B. Open space: All remaining open space will be owned and maintained
by the developer or property owner.
C. Parking. Parking within the apartment section of the Bocrest Fields
Planned Development District will be a mix of garages and open parking.
As shown on the conceptual site plan, each building will contain 10
garage spaces with 230 parking spaces placed in shared parking areas
throughout the site. The parking will be developed at 1.5 spaces per
unit minimum and will not exceed 2.5 spaces per unit. Up to 25 spaces
will be allowed at the clubhouse/community building. Final parking
design will allow for flexibility to meet the quantities noted above
and to meet final building design, and will be reviewed during site
plan approval process.
D. Lighting. Lighting will consist of low street-level lighting, 15
to 20 feet in height. Lighting shall not exceed 1.0 footcandle at
property boundaries and will be planned for the adequate levels to
promote safe vehicle and pedestrian use of the property. Streetlighting
shall be placed along the roadways, sidewalks, and parking lots as
necessary to meet safe usage of the site. The streetlighting intervals
shall be coordinated with the Town of Stillwater Planning Board during
the site plan review phase.
E. Street landscaping. Street landscaping shall be designed and placed
at proper intervals so as to not affect the mobility of the pedestrians
and motorists and to not affect the aesthetics of the roadway layout.
Additional trees and landscaping shall be placed throughout the apartment
complex project in proper locations to enhance the project area. Trees
and landscaping shall conform to Town of Stillwater standards and
shall be approved by the Town of Stillwater Planning Board. Landscaping
will consist of native plant species and lawn areas in the area of
the apartment development and as reflected on final landscape plan.
F. Recreational facilities/clubhouse. A clubhouse or recreational facility
is proposed for the site. Such building or area of a building will
be proposed on future site plans and will be subject to review during
site plan approval by the Planning Board.
G. Trail. A trail will connect from Brickyard Road to the Town Bike
Path as indicated on the conceptual site plan within any approval
limitations set by the USA COE and/or NYSDEC based upon proximity
to jurisdictional wetlands. The trail location and materials shall
be determined during site plan approval by the Planning Board.
H. Maintenance and other buildings. One accessory structure for the
use of site maintenance equipment may be permitted and will be subject
to site plan approval from the Town of Stillwater Planning Board.
Required postal buildings, such as centralized mailbox areas, will
be allowed. If required for water and/or sanitary services, enclosures
and/or utility buildings will be allowed. All mailbox and utility
structures shall be located per approved site plan by the Town of
Stillwater Planning Board.
I. Unlicensed vehicles. Unlicensed vehicles will be prohibited on all
lots and within the apartment complex.
J. Trash containers. Trash containers will be incorporated in community
areas and will be fenced and screened as depicted on the final POD
plans.
K. Pools. The apartment complex may construct a maximum of one pool.
Final location of such an amenity will be subject to site plan review
by the Town Planning Board.
L. Fences. Fences within the apartment complex will be reviewed during
site plan approval by the Planning Board.
M. Antennas. Exterior antennas will not be allowed within the apartment
complex.
N. Addressing. Each apartment building shall have address numbers and
unit numbers installed so as to be visible from the road on which
it fronts. All road names and addresses shall be reviewed and approved
as part of the site plan and subdivision approval process and approved
by the Town of Stillwater Department of Building, Planning, and Development.
A. All utilities, roads or streets within the Bocrest Fields Planned
Development District shall be constructed by the developer in accordance
with the regulations and specifications of the current standards for
the Town of Stillwater and approved during the site plan review. All
utilities' infrastructure within the Bocrest Fields Planned Development
District shall be owned and maintained by the developer or property
owner.
B. One privately owned and maintained access road, as shown on the C.T.
Male Associates site plan to be filed with the Clerk of the Town of
Stillwater, shall be constructed from Halfway House Road into the
Bocrest Fields Planned Development District at the cost of the developer
or owner. Any connecting drives to the actual buildings shall also
be constructed and maintained by the developer or owner. As a private
road, there will not be a standard right-of-way associated with public
dedicated roads.
C. No certificates of occupancy shall be issued for construction within
the planned development district until the roadways within the development
have been approved for use by all reviewing authorities and until
the bond or letter of credit required by the development agreement
has been posted with the Town of Stillwater.
D. The project shall otherwise meet all of the requirements of Article
IV in Chapter
210, titled "Planned Development Districts," of the Stillwater Town Code, including, but not limited to, open space, recreational facilities, ownership, drainage, common property, bulk density requirements, setbacks, development agreements and financial security.
E. Street and traffic signs shall meet general highway standards for
safe use by vehicles in accordance with MUTCD standards.
Monument and neighborhood identification signs within the Bocrest
Fields Planned Development District shall comply with the requirements
established in the Town Code and by the Town of Stillwater Planning
Board site plan review. The architect or engineer performing the work
herein described shall be employed by and at the expense of the developer.
A drainage and stormwater pollution prevention plan (SWPPP)
will be developed during the site plan review process and is required
to be approved by the Town of Stillwater before final site plan approval.
The developer or property owner shall be responsible for ownership
of all stormwater management infrastructure and for the periodic maintenance
and/or repair of the system at no cost to the Town of Stillwater.
A stormwater maintenance agreement will be required as a condition
of site plan approval by the Town of Stillwater Planning Board.
Sanitary sewer is to be provided by a private sewer collection
system within the project and connection made to the force main owned
by the Saratoga County Sewer District No. 1, located within the adjacent
Town-owned bike path. The connection will require final approval from
the SCSD No. 1. A sewer pump station shall be installed by the developer
and proposed for ownership and maintenance by SCSD No. 1. Sanitary
sewer service shall be provided in general conformance with the off-site
utility connection plans to be prepared by C.T. Male Associates, as
approved by the Town Engineer and Town Highway Superintendent. All
project sewer mains, the pump station, and appurtenances will be installed
and improved/upgraded by the applicant to the SCSD No. 1 standards
at no cost to the SCSD No. 1 or the Town of Stillwater, and transferred
to the Saratoga County Sewer District No.1 with duly executed deeds,
easements, and bills of sale, as appropriate.
Water service will connect with existing Town-owned water lines
located within the Town rights-of-way. The final location of the water
lines will be determined during the final site plan review process.
All water infrastructure will comply with the facilities requirements
of the NYSDOH.
Approval by the NYSDOH, NYSDEC, SCSD No. 1, the SCWA, and Town
of Stillwater will be obtained for the potable water system and the
sanitary sewer system, as appropriate.
All buildings and improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
or engineer and in strict compliance with established construction
standards, regulations and codes (including the New York State Uniform
Fire Prevention and Building and Construction Code). All construction,
during the performance thereof and upon completion, shall be subject
to inspection and approval of the Town of Stillwater Code Enforcement
Officers, Town Engineer, Superintendent of Highways, and Fire Marshal.
The Town of Stillwater Planning Board shall not give final site
plan approval unless and until all necessary approvals required by
each and every other government agency or governmental entity have
been obtained. However, the Planning Board may, in its discretion,
give approval conditioned upon the developer obtaining such approvals
within a specified time period.
Pursuant to § 210-24 of the Town Code, if no evidence
of progressive activity has occurred within one year of the date of
the adoption of this local law or upon the expiration of any extension
of time for starting the development granted by the Town Board, the
approved site plan and this local law shall become null and void,
and the zoning will revert to T3N, Neighborhood Zoning, designation.
A public benefit fee of $1,000 shall be paid for each dwelling
unit, totaling $216,000, or any mutually agreed upon equivalent fee
provided for in a development agreement between the Town and the applicant.
Such fee shall be paid in full at the time of first building permit
for the project.
Any violation of the provisions of this legislation shall be
deemed a violation of the Town of Stillwater Zoning Ordinance, and
the provisions hereof shall be enforceable pursuant to the enforcement
provisions of the Zoning Code.
If any provision of the ordinance shall be invalid in an appropriate
court proceeding, the remainder of this ordinance shall not be affected.
In the event the applicant does not submit a complete application
for a building permit within one year of the PDD approval by the Town
Board or if no evidence of progressive activity has occurred within
one year of the date of the adoption of the local law or upon expiration
of any extension of time for starting development granted by the Town
Board, the approved plan and local law shall expire, become null and
void, and the zoning shall revert to its designation prior to the
approval of the PDD.
This local law shall take effect upon filing with the New York
Secretary of State.