[Added 2-14-2005 by L.L. No. 1-2005]
This article shall be known as "Local Law #1
of 2005 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 "Saratoga Country Inn PUD."
The purpose and intent of the Country Inn PUD
is to preserve the natural and scenic qualities of the area to be
rezoned by allowing a mix of uses based on a creative, 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 Saratoga
Country Inn PUD are within Saratoga County Consolidated Agriculture
District #1 and, as such, agricultural activities are afforded special
protection pursuant to Article 25-AA of the NYS Agriculture and Markets
Law. The purpose of this article 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:
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"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 #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."
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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 Saratoga Country Inn PUD District.
B.
The area of the planned unit development district
consists of 124 +/- acres in the Town of Saratoga and is bounded and
described as set forth in Appendix A, attached hereto and made a part
hereof.[1]
[1]
Editor's Note: Appendix A, showing the planned
unit development district, is on file in the Town offices.
The Saratoga Country Inn PUD will consist of
three areas. A development plan of the PUD is illustrated and attached
as Appendix B.[1]
A.
The first area (Area A) will consist of approximately
58 +/- acres and will be developed to include horse barns, storage
barn with staff apartments on the second level, manager's office and
apartment, paddocks, fields, and one one-family residence.
B.
Area B will consist of approximately 53 +/- acres
and will maintain its present zoning status. The portion of Area B
north of Stafford's Bridge Road (County Route 68) shall remain subject
to current Conservancy District zoning regulations, and the portion
of Area B south of Stafford's Bridge Road (County Route 68) shall
remain subject to current Rural Zoning District regulations.
C.
Area C of the PUD will contain approximately 13 acres
and be improved by a country inn having a combination of timeshare
and hotel units, and may include amenities such as an indoor pool,
spa, restaurant with bar and conference room.
[1]
Editor's Note: Appendix B, showing the development
plan of the PUD, is on file in the Town offices.
A.
There shall be no further development or subdivision
of Area A. These restrictions shall be included in any future deed
conveyance of this area.
B.
Attached hereto as Appendix C is a building summary
table for the improvements to be located within the PUD.[1] Subject to final approval of the construction plans by
the Saratoga Town Planning Board, the listed uses, maximum sizes,
number of units and proposed amenities shall not exceed those set
forth in this appendix.
[1]
Editor's Note: Appendix C is included at the
end of this chapter.
C.
The proposed private access road connecting the development
areas to County Route 68 shall be subject to the following standards:
(1)
A driveway over 500 feet in length must be accessible
and able to hold a 50,000 pound, 30 foot long vehicle as determined
by a licensed engineer, with facilities for turning around to be available
within 100 feet of any structure.
(2)
A driveway over 500 feet in length must have a minimum
width of 16 feet and minimum vertical clearance of 15 feet.
(3)
It is understood that the private access road is subject
to issuance of a permit from the Saratoga County Department of Public
Works and it is intended that the access road will remain in private
ownership in perpetuity. All access to this PUD from Wagman's Ridge
Road shall be as shown on Appendix B[2] and is restricted to farming operations only.
[2]
Editor's Note: Appendix B is on file in the
Town offices.
E.
Final construction plans for this PUD are subject to further review and determination by the Saratoga Town Planning Board utilizing the requirements set forth in this article together with the criteria for special permit review as contained in Article VIII of this chapter. 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 within 90 days of the enactment of this article, unless extended or adjourned with the consent of the developer.
F.
All utilities shall be underground.
G.
There shall be no construction on Sundays.
H.
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.
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, Town Engineer
or any individual designated as a Clerk of the Works at any time.
If a Clerk of the Works is designated by the Town Board, the developer
shall be responsible to reimburse the Town for the reasonable fees
and expenses paid to such person on a monthly basis.
This PUD is subject to § 400-45J of this chapter which provides for a revocation of approval and reversion of the zoning of this PUD if construction work on the proposed development has not begun within two years. In accordance with the aforesaid provision of this chapter, all construction work in this PUD must be completed within 18 months of issuance of the first building permit.
The Town Board hereby finds that there is both
a present and anticipated future need for 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 $200 per
residential dwelling unit. Residential dwelling units shall include
each apartment, one-family residence, time-share unit and hotel unit
which is constructed within this development. 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 NYS
Department of Health regulations and Town of Saratoga regulations,
as applicable. 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 an 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 Planting 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 E.[1] The developer agrees to comply with all of the mitigating
measures which are a part thereof, if any, at no cost to the Town.
No certificate of occupancy will be issued until the mitigating measures
are complete.
[1]
Editor's Note: Appendix E is on file in the
Town offices.
