This article shall be known as "Scenic View Estates Planned Development District" and amends Code of the Town of Stillwater, enacted September 30, 1974, as amended, and the Zoning Map of the Town of Stillwater.
[Adopted 7-25-2022 by L.L. No. 4-2022]
The Zoning Ordinance and Zoning Map of the Town of Stillwater are hereby amended by changing the "Subject Premises" hereinafter described from its existing zone district of Low Density Residential (LDR) to a Planned Development District-Residential to be known as "Scenic View Estates Planned Development District."
The area of Scenic View Estates PDD consists of approximately 73.5+/- acres in the Town of Stillwater located in the Low-Density Residential Zoning District and is bounded and described as set forth in Appendix A (legal description) and Appendix B (sketch on Town Zoning Map), attached hereto and made a part hereof.[1] The area is located on the westerly side of Lake Road (AKA County Route 76), Town of Stillwater, County of Saratoga, State of New York and is presently identified as Tax Map Parcel 243.00-1-72.21. It is located on the westerly side of Lake Road (County Route 76) and is bounded easterly by Lake Road. The northern boundary consists of single-family residences, the westerly boundary is the Saratoga Hills Mobile Home Park, a Village of Stillwater water tower, and a portion of the Schuyler Creek. Finally, the project is bounded southerly by undeveloped lands.
[1]
Editor's Note: Appendix A and Appendix B are on file in the Town offices.
The purpose of this article is to establish the parameters and limits of the residential growth on the subject premises. It is the further purpose of this article to promote flexibility in the development and design of the subject premises by creating a single-family residential area and multifamily apartment development to satisfy the demand for a variety of lifestyles.
A.
Multifamily: There shall be constructed within the boundaries of Scenic View Estates Planned Development District a maximum of 48 apartment units, divided into 12 buildings of four units per building totaling on 30.2+/- acres. The apartment development will be a mix of two-bedroom and three-bedroom units.
B.
Single-family: There shall be constructed 16 single-family dwelling units on lots ranging from one acre to six acres.
A.
The 16 single-family lots are proposed to be subdivided in accordance with the Code of the Town of Stillwater Chapter 176. The single-family lots shall meet the following setbacks: forty-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 the single family lots with a maximum size of 200 square feet and setback from the rear and side property lines a minimum of 10 feet.
C.
Ownership. Single-family home lots are to be owned and maintained under private ownership.
D.
Addressing. Each single-family home shall have address 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 Planning Board.
A.
Apartments. The remaining approximate 30.2-acre parcel will contain the forty-eight-unit apartment complex constructed with two access points on County Route 76. The bulk area density for this parcel will be 1.6 units per acre. This lot will have approximately 15 acres of disturbed area with 15 acres of open space.
B.
Open space. All remaining open space within the apartment complex will be owned and maintained by the developer or property owner.
C.
Balconies. Balconies shall be required for second floor multi-family units to provide outdoor space and to incorporate a relief in the building facade so as to better meet the design standards as outlined in the underlying zoning.
D.
Outdoor patios. Outdoor patios will be required for all ground floor multifamily units.
E.
ADA compliance. All ground floor units shall be designed to be ADA adaptable with ADA compliant parking available. Final requirements shall be determined during site plan review and approval by the Planning Board of the Town of Stillwater.
F.
Parking. Parking within the apartment section of the Scenic View Estates Planned Development District will be a mix of garage and driveway parking areas. A minimum of two parking spaces shall be provided per unit. Final parking design will allow for the flexibility to meet the quantities noted above and to meet the final building design and will be reviewed during the site plan approval process.
G.
Lighting. Lighting will consist of low street level lighting, 15 to 20 feet in height. Lighting shall not exceed 1.0 foot-candle at property boundaries and will be planned for the adequate levels to promote safe vehicle and pedestrian use of the property. Street lighting shall be placed along the roadways and sidewalks. The street lighting intervals shall be coordinated with the Town of Stillwater Planning Board during the site plan review phase.
H.
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 the final landscape plan.
I.
Trail. A trail will be provided throughout the multifamily development plan within any approval limitations set by the USACOE and or the NYSDEC based upon proximity to jurisdictional wetlands.
J.
Sidewalks. In lieu of sidewalks within the single-family phase of the development, sidewalks shall be placed adjacent to, but not within, the public right-of-way along the frontage of County Route 76. The sidewalks shall be constructed in accordance with the design requirements as established in Chapter 176, of the Town Code for the Town of Stillwater. The sidewalks shall be maintained solely by the property owners or by a homeowner's association and the Town shall bear no responsibility for maintenance of the sidewalks constructed as part of the development herein.
[Added 4-20-2023 by L.L. No. 2-2023]
K.
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 mailboxes and utility structures shall be located per approved site plan by the Town of Stillwater Planning Board.
L.
Unlicensed vehicles. Unlicensed vehicles will be prohibited on all lots and within the apartment complex.
M.
Trash containers. Trash containers will be incorporated in community areas and will be fenced and screened as depicted on the final plans approved by the Planning Board of the Town of Stillwater.
N.
Outdoor recreation. Additional outdoor recreation opportunities shall be required as requested during the site plan review by the Town Planning Board.
O.
Fences. Fences within the apartment complex will be reviewed during site plan approval by the Planning Board.
P.
Antennas. Antennas will not be allowed within the apartment complex.
Q.
Addressing. Each apartment building shall have address 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 Planning Board.
A.
All utilities, roads or streets within the Scenic View Estates 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 Scenic View Estates Planned Development District shall be owned and maintained by the developer or property owner.
B.
Public road. The first is proposed as a public road to be dedicated to the Town accessing from County Route 76 and culminating in a cul-de sac. The proposed Town road would service the 16 single-family homes. The proposed road shall have a slope no greater than 9.5% for a distance no longer than 700 feet of the proposed 2,200 feet of length.
[Amended 4-20-2023 by L.L. No. 2-2023]
C.
Private road. The second new road will be private and extend from the new proposed Town road south and in a loop extending back out to County Route 76. The private road would service the 48 multifamily units. All utilities infrastructure within the Scenic View Estates Planned Development District private roads shall be owned and maintained by the developer or property owner.
D.
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.
E.
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.
F.
Street and traffic signs shall meet general highway standards for safe use by vehicles in accordance with MUTCD standards.
A.
Prior to the issuance of certificates of occupancy for any buildings within this district, the developer shall file letters of credit in the amounts and for the time periods required by the Town Planning Board and acceptable as to amount and form by the Town's Engineer and the Town's Attorney to guarantee such performance and/or completion of the requirements of this Planned Development District Ordinance, including, but not limited to, the following:
Monument and neighborhood identification signs within the Scenic View Estates Planned Development District shall comply with the requirements established in the Town Code and by the Town of Stillwater Planning Board site plan review. Two monument signs shall be permitted.
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 gravity sewer collection system with connection(s) to the existing gravity system at the intersection of County Route 76 and the Village of Stillwater/Town of Stillwater boundary that is owned and operated by the Saratoga County Sewer District #1. All sewer mains and appurtenances will be installed and improved/upgraded by the applicant to the Saratoga County Sewer District #1 standards at no cost to the Saratoga County Sewer District #1 or the Town of Stillwater.
An eight-inch water main is proposed as an extension of the existing municipal infrastructure, together with hydrants and related appurtenances to be installed within a combined water and sewer utility easement, in accordance with Town of Stillwater standards. The costs of the extension of utility infrastructure system, including upgrades to existing infrastructure, would be the responsibility of the developer and conveyed to the Town of Stillwater upon completion. Water service within the proposed Town road shall be located within the proposed Town right-of-way. Water connections within the multifamily development shall be private with a meter placed at the connection to the proposed public right of way. The final location of the water lines will be determined during the final site plan review process. Water shall be supplied to Scenic View Estates PDD through an existing Village Water Line on County Route 76. As is customary, all extensions to the water service shall conform to state regulatory agency requirements and Town standards and will be constructed at the sole expense of the developer. A map, plan and report will be required. All water infrastructure will comply with the facilities requirements of the New York State Department of Health.
Approval by the New York State Department of Health, New York State Department of Environmental Conservation, Saratoga County Sewer District #1, the Saratoga County Water Authority, the Village of Stillwater, 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 current ICC 2020 Residential Code of New York State or most recent revision and the 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 article or upon the expiration of any extension of time for starting the development granted by the 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. The projected time for completion is projected at five years, beginning within one year of final approvals and issuance of all permits. The developer intends on phasing Scenic View Estates PDD with infrastructure and single-family homes in phase one and the apartment buildings in phase two.
A public benefit fee of $1,500 shall be paid for each dwelling unit within an apartment building at the time of first building permit, totaling $96,000.
The Stillwater Town Board shall serve as Lead Agency, pursuant to the State Environmental Quality Review Act pursuant to SEQRA, and has adopted a negative declaration, a copy of which is attached and incorporated herein.
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.
All applicable site plan, subdivision, and GEIS fees shall apply.
If any provision of this article shall be invalid in an appropriate court proceeding, the remainder of this article shall not be affected.
This article shall take effect upon filing pursuant to § 265 of the Town Law.