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:

The Saratoga Country Inn PUD will consist of three areas. A development plan of the PUD is illustrated and attached as Appendix B.[1]

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.