This article shall be known as "Local Law No. 1 of 2009 of the
Town of Saratoga" and amends the Town of Saratoga Zoning Law to provide
for the creation of a planned unit development district to be known
as "Brown Road PUD."
The purpose and intent of the Brown Road PUD is to preserve
the natural and scenic qualities of the area to be rezoned by allowing
a flexible and comprehensive design process. The Town of Saratoga,
as a "Right to Farm" Town, seeks to maintain and preserve the rural
tradition and character of the Town by encouraging new agricultural
pursuits and by protecting the rights of existing agricultural businesses
to continue to conduct sound agricultural practices. The lands of
the Brown Road PUD are within Saratoga County Consolidated Agriculture
District No. 1, and, as such, agricultural activities are afforded
special protection pursuant to Article 25-AA of the New York State
Agriculture and Markets Law. The purpose of this section is to reinforce
and provide notice that the provisions of both the Town of Saratoga
Right to Farm Law and Article 25-AA are applicable to the future activities
of the PUD and those of surrounding properties. The owner and his
or her assigns are hereby notified that sound agricultural practices,
on any land in an agricultural district created pursuant to Article
25-AA, shall not constitute a private nuisance. Any future subdivision
and/or sale of lands within the PUD are subject to the following Agricultural
Disclosure Statement, which language shall be included in any conveyance
of land within this PUD including time-share-type conveyances.
"It is the policy of the state and this community to conserve,
protect, and encourage the development and improvement of agricultural
land for the production of food and other products and also for its
natural and ecological value. This disclosure notice is to inform
prospective residents that the property they are about to acquire
lies partially or wholly within the Saratoga County Consolidated Agricultural
District No. 1, and that farming activities occur within the district.
Such farming activities may include but not be limited to activities
that cause noise, dust and odors."
|
The Brown Road PUD will consist of two areas. A sketch plan
of the PUD is illustrated and attached as Appendix B. The Brown Road PUD shall be developed in general compliance
with the sketch plan. The plan shall be used as a guide for overall
development of the site. The sketch plan may be changed, altered or
amended by the Planning Board during site plan review. However, any
such changes or amendments shall be in conformance with the intent
of this article.
A. The first area on the west side of Brown Road will consist of 14+/-
acres and will be developed to include two single-family dwellings.
B. The second area on the east side of Brown Road will consist of 70+/-
acres and will consist of 12 single-family dwellings, and one lot
to be owned by the homeowners' association.
All final construction plans shall be certified by a licensed
architect or engineer. All construction shall be subject to inspection
by the Town of Saratoga Building Inspector or Town Engineer.
This PUD is subject to Article
X, §
400-45J, of the Zoning Ordinance, 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.
The Town Board hereby finds that there is both a present and
anticipated future need for public park and recreational facilities
within the Town and, further, that a suitable park of adequate size
and need cannot be located on this PUD. Accordingly, the Town Board
assesses a payment in lieu of parkland fee in the amount of $500 per
residential dwelling unit. Such fees shall be paid at the time a building
permit is issued for construction.
All land uses allowed by this article are contingent upon the
applicant's ability to provide an adequate potable water supply
and sanitary sewage treatment services in accordance with New York
State Department of Health regulations and Town of Saratoga regulations
as applicable. In addition, there shall be no utilization of hydrofracturing
methods in the testing or development of wells. All stormwater management
systems shall be designed in accordance with and meet the standards
of the EPA Phase II Stormwater Management Program, including the filing
of notice of intent (NOI) with NYSDEC and the preparation of a stormwater
pollution prevention plan (SWPPP). All such water, sewer and stormwater
management issues shall be reviewed and approved by the Town of Saratoga
Planning Board during the final approval phase.
Prior to the issuance of any building permit or commencement
of any construction, the developer shall file a performance bond or
letter of credit with the Town Supervisor, in the amounts and for
the time periods required by the Town Planning Board, and acceptable
as to amount and form to the Town Supervisor, Town Engineer and Town
Attorney to guarantee such performance and/or completion of the requirements
of this planned unit development district as to the following matters:
A. All roads and driveways constructed within the PUD; and
B. The stormwater management system.
The Saratoga Town Board, as lead agency for this project pursuant
to the State Environmental Quality Review Act, has adopted a negative
declaration and declaration of nonsignificance concerning this project,
a copy of which is annexed hereto and made a part hereof and designated
as Appendix F.