[Adopted 4-28-2015 by L.L. No. 3-2015; amended 9-17-2020 by L.L. No. 2-202010-20-2022 by L.L. No. 6-2022]
A. 
This article shall be known and may be cited as "King's Isle Apartments of Stillwater Planned Development District, Local Law 3 of 2015," 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 "King's Isle Apartments of Stillwater Planned Development District" and added to the Stillwater Town Code as Article XIV of Chapter 211 at the end thereof.
B. 
Local Law No. 2 of 2020 shall be known and may be cited as "Local Law Modifying the King's Isle Apartments of Stillwater Planned Development District Local Law No. 3 of 2015 and amending Local Law No. 1 of 2001 (Zoning) to be known as King's Isle Apartments Amendment North, Phase 4 and 5, Local Law No. 6 of 2020," amending the King's Isle Apartments of Stillwater Planned Development District Local Law No. 3 of 2015, amending the Zoning Law of the Town of Stillwater Local Law No. 1 of 2001, and the map and official regulations relating to zoning of the Town of Stillwater creating a Planned Development District known as "Amendment No. 1 of King's Isle Apartments of Stillwater Planned Development District" and added to the Stillwater Town Code as Article XIV of Chapter 211.
C. 
Local Law No. 6 of 2022 shall be known and may be cited as "Local Law Modifying the King's Isle Apartments of Stillwater Planned Development District Local Law No. 2 of 2020 and amending Local Law No. 1 of 2001 (Zoning) to be known as King's Isle Apartments Amendment East, Phase 6, Local Law No. 6 of 2022," amending the King's Isle Apartments of Stillwater Planned Development District Local Law No. 3 of 2015, amending Local Law No. 2 of 2020, amending the Zoning Law of the Town of Stillwater Local Law No. 1 of 2001, and the map and official regulations relating to zoning of the Town of Stillwater creating a Planned Development District known as "Amendment No. 2 of King's Isle Apartments of Stillwater Planned Development District" and added to the Stillwater Town Code as Article XIV of Chapter 211.
A. 
Local Law No. 6 of 2022 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 "King's Isle Apartments of Stillwater Planned Development District." Although the current zoning applicable to this development (Route 67 West Business District) restricts further residential development, the general purpose and intent of PDDs set forth in § 210-14 of the Town Code is met by the establishment of this district. In particular, it provides flexible land use and innovation in residential development to meet a growing and diverse housing need on the southwest corner of the Town. The PDD is uniquely situated to help extend water, sewer and natural gas infrastructure to an underserved area of Town.
B. 
Local Law No. 3 of 2015 of the Town of Stillwater entitled "King's Isle Apartments," Chapter 211, Article XIV of the Code of the Town of Stillwater and the Zoning Map of the Town of Stillwater, as set forth and previously amended and supplemented, be and the same are hereby further amended and known as "Amendment No. 1 of King's Isle Apartments of Stillwater Planned Development District." Although the current zoning applicable to this development (Route 67 West Business District) restricts further residential development, the general purpose and intent of PDDs as set forth in § 210-14 of the Town Code is met by the establishment of this district. In particular, it provides flexible land use and innovation in residential development to meet a growing and diverse housing need for senior housing on the southwest corner of the Town.
C. 
Local Law No. 2 of 2020 modifying the King's Isle Apartments of Stillwater Planned Development District Local Law No. 3 of 2015 and amending Local Law No. 1 of 2001 (Zoning) to be known as "King's Isle Apartments Amendment North, Phase 4 and 5, Local Law No. 2 of 2020," amending the King's Isle Apartments of Stillwater Planned Development District Local Law No. 3 of 2015, amending the Zoning Law of the Town of Stillwater Local Law No. 1 of 2001.
D. 
Local Law No. 6 of 2022 modifying the King's Isle Apartments of Stillwater Planned Development District Local Law No. 2 of 2020 and amending Local Law No. 1 of 2001 (Zoning) to be known as "King's Isle Apartments Amendment East, Phase 6, Local Law No. 6 of 2022," amending the King's Isle Apartments of Stillwater Planned Development District Local Law No. 2 of 2020, amending the Zoning Law of the Town of Stillwater Local Law No. 1 of 2001.
A. 
The area compromising King's Isle Apartments of Stillwater consists of approximately 80.8 acres encompassed in both the Town of Malta and Town of Stillwater, that being 24.5 acres in the Town of Malta with a Tax Map Parcel Number 251.-1-17.2 and 56.3 acres in the Town of Stillwater with a Tax Map Parcel Number 251.-1-15.2. The Planned Development District ("PDD") is comprised only of the 56.3 acres within the Town of Stillwater. The site is located approximately 2.25 miles east of the NYS Route 9/NYS Route 67 intersection and adjacent to and south of Route 67, and adjacent to and north of the Anthony Kill, in the Town of Stillwater, County of Saratoga, in the State of New York. King's Isle Apartments of Stillwater Planned Development District is bounded and described as set forth in the legal description in Exhibit A[1] attached hereto and made a part hereof and as shown on the Stillwater side of a certain conceptual site plan thereof prepared by Lansing Engineering, P.C., dated October 31, 2014; labeled "King's Isle Apartments of Stillwater Planned Development District."
[1]
Editor's Note: Exhibit A is on file in the Town offices.
B. 
Local Law No. 2 of 2020 modifying the King's Isle Apartments of Stillwater Planned Development District Local Law No. 3 of 2015 and amending Local Law No. 1 of 2001 (Zoning) to be known as "King's Isle Apartments Amendment North, Phase 4 and 5, Local Law No. 2 of 2020," amending the King's Isle Apartments of Stillwater Planned Development District Local Law No. 3 of 2015, amending the Zoning Law of the Town of Stillwater Local Law No. 1 of 2001 consists of 1.55± acres located within the Town of Malta with a Tax Map Parcel Number 25.1-1-17.1 and 22.42± acres located within the Town of Stillwater with a Tax Map Parcel Number 251-1-15.1. All development within the Planned Development District Amendment ("PDD") is to located entirely within the 22.42± acres located in the Town of Stillwater. The site is located approximately 2.09 miles east of the NYS Route 9/NYS Route 67 intersection and adjacent to and north of Route 67, in the Town of Stillwater, County of Saratoga and State of New York. The additional acreage to be added to King's Isle Apartments PDD of Stillwater Planned Development District is bounded and described and set forth in the legal description in Exhibit B,[2] attached hereto and made a part hereof, and shown on the Stillwater side of a certain conceptual site plan thereof, prepared by Lansing Engineering, P.C., dated December 2, 2019, labeled "King's Isle Apartments of Stillwater Planned Development District Amendment." The area of said King's Isle Development District Amendment shall be divided into two phases:
(1) 
The portion of the King's Isle Apartments Planned Development District Amendment to be known as "Phase 4," is bounded and described as set forth in Exhibit "C,"[3] attached hereto and made a part hereof, and shown entirely within the Town of Stillwater of a certain conceptual site plan thereof, prepared by Lansing Engineering, P.C., dated December 2, 2019, and on file with the Town of Stillwater.
[3]
Editor's Note: Exhibit C is on file in the Town offices.
(2) 
The portion of the King's Isle Apartments Planned Development District Amendment to be known as "Phase 5," is bounded and described as set forth in Exhibit "D,"[4] attached hereto and made a part hereof, and shown entirely within the Town of Stillwater of a certain conceptual site plan thereof, prepared by Lansing Engineering, P.C., dated December 2, 2019, and on filed with the Town of Stillwater.
[4]
Editor's Note: Exhibit D is on file in the Town offices.
[2]
Editor's Note: Exhibit B is on file in the Town offices.
C. 
Local Law No. 6 of 2022 to be known as King's Isle PDD Amendment East, Phase 6 consists of 55.90 acres with Tax Map Parcel Number 251.-1-14.12 on the south side of NYS Route 67 in the Town of Stillwater, County of Saratoga and State of New York. The site is immediately east of and adjacent to King's Isle PDD Phases 1-3. The additional acreage to be added to King's Isle Apartments PDD of Stillwater Planned Development District is bounded and described and set forth in the legal description in Exhibit "A" attached hereto and made a part hereof, and shown on the Stillwater side of a certain conceptual site plan thereof, prepared by Lansing Engineering, P.C., dated December 2, 2019, labeled "King's Isle Apartments of Stillwater Planned Development District Amendment."
A. 
There shall be constructed within the area of said King's Isle Apartments of Stillwater Planned Development District a project generally consistent with the conceptual site plan dated October 31, 2014, prepared by Lansing Engineering, P.C., consisting of a maximum of 29 eleven-unit luxury apartment buildings for a total not to exceed 319 units and 638 bedrooms, together with the necessary infrastructure and improvements in substantial conformity with the final site plan approved by the Town of Stillwater Planning Board and 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 of Stillwater as lead agency.
B. 
There shall be developed within the area of said King's Isle Apartments of Stillwater Planned Development District Amendment, Phase 4, consisting of approximately 16.91± acres of land, a total of 88 apartment units, consisting of eight apartment buildings with 11 units each with ancillary structures, facilities, roads or streets as shown on a certain conceptual site plan thereof, entitled "King's Isle Apartments of Stillwater Planned Development District Amendment," prepared by Lansing Engineering, P.C., dated December 2, 2019, as referred to above and on file with the Town of Stillwater, as follows:
(1) 
Off-street parking to provide a minimum of two spaces per unit.
(2) 
A privately owned and maintained access road, as shown on the site plan filed with the Clerk of the Town of Stillwater, shall be constructed from NYS Route 67 through the King's Isle Apartments of Stillwater Planned Development District Amendment, Phase 4 and Phase 5, to be constructed at the cost of the applicant and consistent with the Town of Stillwater Highway and Drainage Standards and Design Details in Attachment 2, Appendix 2 of Chapter 176 of the Code of the Town of Stillwater
C. 
There shall be developed within the area of King's Isle Planned Development District Amendment, Phase 5, consisting of approximately 7.06± acres, improvements as set forth on a certain conceptual site plan thereof, entitled "King's Isle Apartments of Stillwater Planned Development District Amendment," prepared by Lansing Engineering, P.C., dated December 2, 2019, as referred to above and on file with the Town of Stillwater, and which shows construction of a three-story, 123-unit apartment building for senior citizen housing, infrastructure, roads or streets as follows:
(1) 
Off-street parking to provide a minimum of 123 spaces for the senior citizen housing structure. This number is supported by data provided in the Institute of Transportation Engineers (ITE) Parking Generation Manual. The ITE Parking Generation Manual states that "the Peak Period Parking Demand ranges from 0.59-0.67 vehicles per dwelling unit for the "Senior Adult Housing - Attached" land use."
(2) 
A privately owned and maintained access road, as shown on the site plan filed with the Clerk of the Town of Stillwater, shall be constructed from NYS Route 67 through the King's Isle Apartments of Stillwater Planned Development District Amendment North, Phase 4 and Phase 5, to be constructed at the cost of the applicant and consistent with the Town of Stillwater Highway and Drainage Standards and Design Details in Attachment 2, Appendix 2 of Chapter 176 of the Code of the Town of Stillwater.
(3) 
Each unit within Phase 5 must be leased and occupied by at least one person who is the age of 55 or older.
D. 
There shall be developed within the area of said King's Isle Apartments of Stillwater Planned Development District East Amendment, Phase 6, consisting of approximately 55.90± acres of land, a total of 132 apartment units, consisting of 12 apartment buildings with 11 units each with ancillary structures, facilities, roads or streets as shown on a certain conceptual site plan thereof, entitled "King's Isle Apartments of Stillwater Planned Development District Amendment East," prepared by Lansing Engineering, P.C., dated August 3, 2022, as referred to above and on file with the Town of Stillwater, as follows:
(1) 
Off-street parking to provide a minimum of two spaces per unit.
(2) 
A privately owned and maintained access road, as shown on the site plan filed with the Clerk of the Town of Stillwater, shall be constructed from NYS Route 67 through the King's Isle Apartments of Stillwater Planned Development District Amendment, Phase 6, to be constructed at the cost of the applicant and consistent with the Town of Stillwater Highway and Drainage Standards and Design Details in Attachment 2, Appendix 2 of Chapter 176 of the Code of the Town of Stillwater.
A. 
Before application is made for any building permit, preliminary and final site plan approvals shall be obtained from the Planning Boards of the Town of Stillwater and County of Saratoga, and the final plan shall be signed, reviewed and 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, Saratoga County Sewer District No. 1, Saratoga County Planning Board, Town of Stillwater, Town of Malta, NYS DOT, USACOE and NYS DEC. 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 or 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.
B. 
For King's Isle Apartments Planned Development District Amendment North to be known as "Phase 4 and Phase 5," before application is made for any building permit, preliminary and final site plan approvals shall be obtained from the Planning Boards of the Town of Stillwater and County of Saratoga, and the final plan shall be signed, reviewed and 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, Saratoga County Sewer District No. 1, Saratoga County Planning Board, Town of Stillwater, Town of Malta, NYS DOT, USACOE and NYS DEC. 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 or 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 conceptual site plan thereof, entitled "King's Isle Apartments of Stillwater Planned Development District Amendment," prepared by Lansing Engineering, P.C., dated December 2, 2019.
C. 
For King's Isle Apartments Planned Development District Amendment East to be known as "Phase 6," before application is made for any building permit, preliminary and final site plan approvals shall be obtained from the Planning Boards of the Town of Stillwater and County of Saratoga, and the final plan shall be signed, reviewed and 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, Saratoga County Sewer District No. 1, Saratoga County Planning Board, Town of Stillwater, Town of Malta, NYS DOT, USACOE and NYS DEC. 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 or 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 conceptual site plan thereof, entitled "King's Isle Apartments of Stillwater Planned Development District Amendment East," prepared by Lansing Engineering, P.C., dated August 3, 2022.
A. 
Sanitary sewer service shall be provided in general conformance with the off-site utility connection plans to be prepared by Lansing Engineering, P.C., as approved by the Town Engineer and Town Highway Superintendent. All sewer mains and appurtenances will be installed and improved/upgraded by the applicant to the Saratoga County Sewer District No. 1 standards at no cost to the Saratoga County Sewer District No. 1 or the Town of Stillwater, with delivery to the Saratoga County Sewer District No. 1 of duly executed deeds, easements and bills of sale, as appropriate.
B. 
For King's Isle Apartments Planned Development District Amendment North to be known as "Phase 4 and Phase 5" sanitary sewer service shall be provided in general conformance with the off-site utility connection plans to be prepared by Lansing Engineering, P.C., as approved by the Town Engineer and Town Highway Superintendent. All sewer mains and appurtenances will be installed and improved/upgraded by the applicant to the Saratoga County Sewer District No. 1 standards at no cost to the Saratoga County Sewer District No. 1 or the Town of Stillwater, with delivery to the Saratoga County Sewer District No. 1 of duly executed deeds, easements and bills of sale, as appropriate.
C. 
For King's Isle Apartments Planned Development District Amendment East to be known as "Phase 6" sanitary sewer service shall be provided in general conformance with the off-site utility connection plans to be prepared by Lansing Engineering, P.C., as approved by the Town Engineer and Town Highway Superintendent. All sewer mains and appurtenances will be installed and improved/upgraded by the applicant to the Saratoga County Sewer District No. 1 standards at no cost to the Saratoga County Sewer District No. 1 or the Town of Stillwater, with delivery to the Saratoga County Sewer District No. 1 of duly executed deeds, easements and bills of sale, as appropriate.
A. 
Potable water service for the King's Isle Apartments of Stillwater Planned Development District will be provided by the Town of Stillwater via a series of water transmission and distribution mains from an existing Saratoga County Water Authority connection point near Cordero Boulevard, in the Town of Stillwater. The development will be included in Extension 1 to the Town of Stillwater Consolidated Water District #6 and will be subject to the rates and debt service payable by users of Water District #6. A development agreement between the developer and the Town of Stillwater will be executed prior to the final approval of this article specifying responsibilities for the cost and construction of certain portions of the transmission and distribution mains between the water source and the project site. The developer and owner will be required to fund an escrow account to reimburse the Town for project-related legal and engineering work rendered to the Town in support of providing water service to the site as identified in the development agreement.
B. 
For King's Isle Apartments Planned Development District Amendment North to be known as "Phase 4 and Phase 5" potable water service will be provided by the Town of Stillwater through a water transmission line from an existing Saratoga County Water Authority connection point about 650 feet from where the water service line will enter the premises. The Development will be added as Extension 2 to the Town of Stillwater Consolidated Water District No. 6, and will be subject to the rates and debt service payable by users of Water District No. 6.
C. 
For King's Isle Apartments Planned Development District Amendment East to be known as "Phase 6" potable water service will be provided by the Town of Stillwater through a water transmission line from an existing Saratoga County Water Authority connection point located along the northern portion of the project property. The Development will be added as Extension 4 to the Town of Stillwater Consolidated Water District No. 6, and will be subject to the rates and debt service payable by users of Water District No. 6.
Approval of the New York State Department of Health, New York State Department of Environment Conservation, Saratoga County Sewer District No. 1, the Saratoga County Water Authority and Town Engineer will be obtained for the potable water systems and the sanitary sewer system, as appropriate.
A. 
A drainage and stormwater management plan will be developed during the site plan review process and is required to be finally approved by all reviewing authorities 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 to the Town of Stillwater standards at no cost to the Town of Stillwater.
B. 
The stormwater management agreement previously approved as part of King's Isle Apartments PDD, Local Law No. 3 of 2015, shall be amended as part of the final approval for all stormwater management infrastructure and facilities added to the Planned Development District as part of the King's Isle Apartments Planned Development District Amendment to be known as "Phase 4 and 5." 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 to the Town of Stillwater standards at no cost to the Town of Stillwater.
C. 
The stormwater management agreement previously approved as part of King's Isle Apartments PDD, Local Law No. 2 of 2020, shall be amended as part of the final approval for all stormwater management infrastructure and facilities added to the Planned Development District as part of the King's Isle Apartments Planned Development District Amendment East to be known as "Phase 6." 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 to the Town of Stillwater standards at no cost to the Town of Stillwater.
A. 
All utilities, roads or streets within the King's Isle Apartments of Stillwater Planned Development District, the King's Isle Apartments Planned Development District Amendment to be known as "Phase 4 and 5," and the King's Isle Apartments Planned Development District Amendment East to be known as "Phase 6" shall be constructed by the developer in accordance with the specifications approved during the site plan review. The roadway shall be constructed in conformance with private roadway specifications consistent with industry standards. All access roads and utilities infrastructure within the King's Isle Apartments of Stillwater Planned Development, as part of the King's Isle Apartments Planned Development District Amendment to be known as "Phase 4 and 5," and as part of the King's Isle Apartments Planned Development District Amendment East to be known as "Phase 6" shall be owned and maintained by the developer or property owner. However, before the Town of Stillwater will accept the roadway as a Town road in the future, the roadway within the Development must be upgraded to conform with the Town highway standards then in effect.
B. 
Two privately owned and maintained access roads, as shown on the Lansing site to be filed with the Clerk of the Town of Stillwater, shall be constructed in accordance with Town and NYS DOT requirements from NYS Route 67 into King's Isle Apartments of Stillwater 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.
C. 
No certificates of occupancy shall be issued by for construction within the King's Isle Apartments of Stillwater Planned Development District - until the water transmission line required by the development agreement have been installed and 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 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, except as otherwise provided herein.
E. 
The work to be constructed by the owner and developer, from the point of connection and south to Route 67 should be in accordance with approved plans prepared by Chazen Engineering on behalf of the Town. This work will also require inspection for completed works certification, and the developer is responsible for funding an escrow to cover these professional fees. The work from Route 67 extending east should be in accordance with approvals pursued and received by the developer and, as this infrastructure is to be conveyed to the Town at no cost, subject to inspection by the Town, and said inspection is to be funded by escrow.
F. 
A secondary access to the project site that allows for fire and emergency vehicles shall be installed, and all curb cuts on to Route 67 will be approved by NYS DOT.
G. 
For the King's Isle Apartments Planned Development District Amendment to be known as "Phase 4 and 5," the property shall have a single boulevard access from Route 67 consisting of two twenty-foot-wide lanes, which shall provide access for fire and emergency vehicles as required by the NYS Fire Code.
H. 
As part of the King's Isle Apartments Planned Development District Amendment North to be known as "Phase 4 and 5" the privately owned and maintained access road, as shown on the Lansing site plan dated December 2, 2019, and filed with the Clerk of the Town of Stillwater, shall be constructed in accordance with the Town of Stillwater and NYS DOT requirements from NYS Route 67 into King's Isle Apartments of Stillwater Planned Development District Amendment at the cost of the developer or property owner. Any connecting drives to the actual buildings shall also be constructed and maintained by the developer or property owner.
I. 
As part of the King's Isle Apartments Planned Development District Amendment East to be known as "Phase 6" the privately owned and maintained access road shall have to access points on NYS Route 67, as shown on the Lansing site plan dated August 3, 2022, and filed with the Clerk of the Town of Stillwater, shall be constructed in accordance with the Town of Stillwater and NYS DOT requirements from NYS Route 67 into King's Isle Apartments of Stillwater Planned Development District Amendment at the cost of the developer or property owner. Any connecting drives to the actual buildings shall also be constructed and maintained by the developer or property owner.
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 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, 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 governmental 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.
A. 
Signs within the King's Isle Apartments of Stillwater 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.
B. 
Signs within the King's Isle Apartments Planned Development District Amendment to be known as "Phase 4 and 5," 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 the developer and at the expense of the developer.
C. 
Signs within the King's Isle Apartments Planned Development District Amendment East to be known as "Phase 6," 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 the developer and at the expense of the developer.
King's Isle PDD Amendment North (Phase 4 and 5): That each of two phases of the King's Isle Apartments of Stillwater Planned Development District Amendment may be owned by separate entities. The owners of Phases 4 and 5 shall have a common easement for ingress and egress for pedestrian and vehicular traffic and for the installation and maintenance of utilities, including, but not limited to, electric, gas, water and sewer and other utility lines over all the roads on the said site plan of King's Isle Apartments of Stillwater Planned Development District Amendment, prepared by Lansing Engineering, P.C., on file with the Town of Stillwater. That said common easement shall be pursuant to a reciprocal easement agreement, which agreement shall be approved by the Town of Stillwater.
A. 
It is recognized that the establishment of the King's Isle Apartments Planned Development District, King's Isle Amendment North (Phase 4 and 5), shall offer a number of public benefits to the Town of Stillwater and its residents as set forth below:
(1) 
Fees. The applicant shall remit to the Town of Stillwater a fee payment of $1,000 per rental unit constructed within the King's Isle Apartments Planned Development District Amendment "Phase 4 area. Payment of said fee shall be made by the applicant upon issuance of a certificate of occupancy by the Town of Stillwater for each building located within the "Phase 4 area.
(2) 
Senior housing. The development proposed in the "Phase 5 area of the King's Isle Apartments Planned Development District Amendment will provide affordable senior housing in the Town of Stillwater to meet the changing needs of an aging population. The senior housing provided by the King's Isle Apartment Planned Development District Amendment is consistent with the vision and objectives outlined in the Town's Comprehensive Plan.
B. 
King's Isle Apartments Planned Development District, King's Isle Amendment East (Phase 6) shall offer the following public benefit to the Town of Stillwater and its residents:
(1) 
Fees. The applicant shall remit to the Town of Stillwater a fee payment of $1,500 per rental unit constructed within the King's Isle Apartments Planned Development District Amendment East (Phase 6) area. Payment of said fee shall be made by the applicant upon issuance of a certificate of occupancy by the Town of Stillwater for each building located within the "Phase 6 area.
A. 
The Town of Stillwater Town Board may, upon the request of the then property owner of King's Isle Apartments of Stillwater Planned Development District, modify any of the provisions of this article upon such terms as the Town Board of the Town of Stillwater shall determine to be reasonable. Changes in the site plan shall be accomplished in accordance with § 210-20 of the Town Code.
B. 
That except as otherwise specified herein modified herein, Town of Stillwater Local Law No. 3 of 2015 entitled "King's Isle Apartment of Stillwater Planned Development District" shall remain in full force and effect.
C. 
That except as otherwise specified herein modified herein, Town of Stillwater Local Law No. 2 of 2020 entitled "King's Isle Apartment of Stillwater Planned Development District Amendment North (Phase 4 and 5)" shall remain in full force and effect.
Pursuant to § 210-24 of the Town of Stillwater Town Code, if no evidence of progressive activity has occurred within one year of the date of the adoption of this article, or upon the expiration of any extension of time for starting the development granted by the Stillwater Town Board, the approved site plan and this article shall become null and void and the zoning will revert to its designation prior to the approval of this article.