Town of Malta, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Malta as indicated in section histories. Amendments noted where applicable.]
[Adopted 6-6-1967]
A. 
(NOTE: The Town Board at its June 6, 1967, meeting passed motion approving Planned Development No. 1 known as "Bellevue Gardens" in accordance with the conditions and provisions contained in a letter to Dominick Lucarelli dated May 23, 1967. The contents of that letter are as follows.)
Mr. Dominick Lucarelli
RD#2 Ballston Lake, N.Y.
SUBJECT: Planned Development District #1 (Bellevue Gardens)
REFERENCE:
(A)
Letter, Marion Morris to Ernest Kunz, Dated 3/9/67
(B)
Letter, D. Lucarelli to Town Board of Malta dated 3/7/67, requesting a variance to the Malta Zoning Ordinance
(C)
Map No. 1 of Bellevue Gardens, Town of Malta, by Ferdinand Rapant, dated 9/28/66, as marked
(D)
Letter from Planning Board dated 3/29/67
Dear Mr. Lucarelli:
The Town Board of the Town of Malta has reviewed (A), (B), (C), and (D) submits its findings as follows:
I.
Reference (B) requests a zoning variance. In accordance with the subject ordinance, zoning variances are considered by the Zoning Board of Appeals and not the Planning Board. However, in reviewing the map which Mr. Lucarelli presented as Reference (C), it appears that the approval request is for a subdivision. In as much as the Town of Malta does not yet have an Official Subdivision Regulation, under certain conditions, Reference (C) could be approved under Article 7, Planned Development District of the Malta Zoning Ordinance.
II.
Reference (B) also requests that the district in which Reference (C) lies be changed from R1 To R4. The Planning Board considers that such a change is contrary to the intent of the subject ordinance by virtue of the fact that the R4 districts were created only to provide regulations for the two existing unusually densely populated areas, namely Round Lake Village and certain housing along the Saratoga Lake shore front.
The Planning Board of the Town of Malta does recommend approval of a planned development as presented under Reference (C) because it is believed that the proposed development will be a stimulant and asset to the Town's future growth, and the soil strats and drainage are suited for such a development; however, in order to comply with the spirit and intent of the Subject ordinance, such approval is herewith submitted only providing that the Reference (C) map is modified to include the following regulations (Nos. 1 through 15), and that after the map has been completely modified and due public hearings have been held, the map is recorded with the Saratoga County Clerk before any building permit is issued. These regulations are:
1.
The district under consideration shall be know as the Planned Development District #1 of the Town of Malta.
2.
Said Planned Development District #1 shall consist of all lands contained within the outer periphery of the lands dimensional on the Reference (C) map including all those additional required for the central water system. The use of lands not included as numbered lots, including lot number seven, shall be submitted for separate approval at a later date, and be marked "omit." The lots of A, Scofield and Stanley Raylinsky shall be numbered as "4A" and "4B" respectively.
3.
The total area in square feet shall be listed for each numbered lot.
4.
The center lines of crossroads shall be exactly in line with each other, and their angle of intersection shall be 90 degrees + or - 10 degrees.
5.
The proposed central water system shall be controlled by a New York State corporation.
6.
The proposed central water system shall be approved by the New York State Board of Health, the New York State Conservation Dept./Division of Water Resources, and, if necessary, the New York State Public Service Commission.
7.
The proposed central water system shall be installed to the following minimum specifications:
a.
The central water system shall be service-rated for a working pressure of 150 psig.
b.
Piping material shall be asbestos cement, PVC, and/or copper manufactured in conformance with a nationally approved specification such as ASA or AWWA.
c.
All piping joints shall utilize a mechanically compressed rubber seal type iron fitting, except that the copper may be flare type.
d.
The water system shall be sized so that each dwelling of the District is capable of simultaneously receiving 3 gpm at a head of 40 psig for one hour.
e.
All piping except the dwelling line shall be within a road right-of-way but not under the double treated surface, and be underground with at least a five foot ground cover and surrounded by one foot minimum of compacted fill sand.
f.
At least two fire hydrants of nationally approved construction and non-corrosive trim, each with 4-1/2" and two 2-1/2" national standard thread connections, shall be located at the edge of the road right-of-way and within the District to provide best coverage to all dwellings.
g.
Each roadway main, and each dwelling lateral, shall contain an isolation valve of non-corrosive trim. Each such valve shall be located at the edge of the road right-of-way, with a rod and curb box extending to grade level.
h.
Delineation of the water Supply System shall be modified to reflect the change from individual driven wells on each lot to the central water system.
8.
The survey of the proposed roads shall be approved by the County and Town Highway Superintendents, and provide a typical section with a minimum depth and width as shown on the drawings, "New Development Roads in Town of Malta," dated January 1964. The right-of-way of Raylinsky Road shall be increased to 50 feet as lot #4B to provide a uniform width of roadway at no cost to the Town of Malta.
9.
Before any one building permit is issued a performance bond must be presented to the Town Board of the Town of Malta sufficient in the opinion of the Town Board of Malta to guarantee the completion of roadways, drainage, ditches, culverts, central water system and the roadway itself to provide direct access to the proposed building for which a building permit is being requested in accordance with the requirement in reference (C) map. In all instances the roadway, drainage ditches, culverts, central water system and roadway itself must be complete before a certificate of occupancy will be issued. The roadway double surface treatment may be waived until after completion of said building, providing a performance bond is presented to the Malta Town Board to provide equivalent expenses required to apply this double surface treatment. Upon acceptance of the completed road and return of performance bond a fee of $2.00 per linear foot of roadway shall be paid to the Malta Board for blacktopping by the Town of Malta after the Planned Development District #1 has been completed.
10.
The topography shall show the tentative location of each building on each numbered lot, all ground elevations around each building, and all ground grades, ditches, and culverts so that there are no low spots for water to collect anywhere within the Planned Development District #1.
11.
The dwellings to be erected on each lot shall be one-family dwellings containing a minimum living floor area of 800 sq. ft., a maximum height of 30 ft., a minimum road frontage lot width of 100 ft., and minimum yard dimensions for all buildings to be 40 ft. front, 12 ft. side, 24 ft. both sides, and 30 ft. rear.
12.
All components of the septic system shall be at least 10 ft. from the nearest property line.
13.
The dwellings shall be completed and ready for occupancy at the rate of five new dwellings minimum per year.
14.
Except for the requirements established herein, the Zoning Ordinance, Town of Malta, still applies.
15.
The completed Reference (C) map shall contain the approval signature of the Supervisor, Town of Malta.
The contents of this letter were approved for transmittal by the Malta Town Board at a special meeting held May 23, 1967.
B. 
(NOTE: This Planned Development District No. 1 was amended by Resolution No. 297 adopted July 7, 1987, by adding the following.) The legislation creating said Planned Development District No. 1, Bellevue Gardens Planned Development District, be and it hereby is amended as follows:
[Added 7-7-1987]
(1) 
The boundaries of said planned development shall include, in addition to all lands included therein, the parcel of land as set forth in Schedule A,[1] annexed hereto.
[1]
Editor's Note: Schedule A is on file in the Town offices.
(2) 
There may be constructed upon this parcel of land not more than five single-family detached residential dwellings, on building lots having a lot size of not less than 20,000 square feet, with a minimum lot frontage of 100 feet, a minimum rear yard setback of 30 feet, a minimum side yard set back of 12 feet and a minimum front yard set back of 40 feet.
(3) 
The following shall apply to the construction of said five residential dwellings.
(a) 
Water for said residential dwellings shall be supplied from a public supply or from a private transportation corporation. A contract executed by the supplier of water and the developer must be presented to the Town prior to the issuance of any building permit or certificate of occupancy by the Town of Malta for any building to be constructed pursuant hereto.
(b) 
Sanitary sewers will be provided by the Saratoga County Sewer District. Sewer hookups will be made available by the builder to all residents of Bellevue Gardens residing on Beverly Place. These hookups will be installed at the sole expense of the builder, and will be installed so that sewer is available at the property line of each of the residents of Bellevue Gardens residing on Beverly Place.
(c) 
A fire hydrant will be installed by the builder, at no cost to the Town of Malta, in the public right-of-way, with the specific location to be determined by the Town Engineer and the Round Lake Hose Company.
(d) 
All utilities to the subject premises will be installed underground.
(e) 
The Town of Malta shall be paid the sum of $300 per lot in lieu of setting aside any recreational areas.
(f) 
There shall be a letter of credit or bond in an amount determined by the Town Engineer to ensure proper completion of all roads to be constructed within the area affected by this amendment.
(g) 
That appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and from the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta for any buildings to be constructed pursuant hereto.
(h) 
The exact sizes and configurations of lots will be determined by the Town of Malta Planning Board, which shall retain final site plan approval concerning this project, and no building permit shall be issued without the final approval of the site plan by the Town of Malta Planning Board.
(i) 
All roads and any required drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the requirements of the Town of Malta, and shall be approved by the Town Engineer, and shall be offered without cost to the Town of Malta.
(j) 
Except as amended hereby, or the original legislation, the Malta Zoning Ordinance shall in all respects apply to the subject premises.
C. 
(NOTE: The Planned Development District No. 1 was further amended by Resolution No. 140 adopted July 7, 1988, which read as follows.) The Town Board of the Town of Malta has no interest in the land designated parkland on the map referred to herein, and hereby releases any rights which it may have had concerning said parkland, by virtue of the amendment to the planned development district, wherein the land which had formerly been designated parkland was made a portion of approved single-family lots.
[Added 7-7-1988]
[1]
Editor's Note: Former Porters Association Planned Development District No. 2, adopted 5-12-1969 by ordinance, was repealed 2-6-1979 by ordinance.
[Adopted 6-2-1970]
The application of Dominick Lucarelli dated February 13, 1970, to the Town Board for Planned Development District No. 3 upon lands on the west side of Raylinsky Road in Bellevue Gardens, so-called, is granted and the Zoning Ordinance be and hereby is amended defining the boundaries of said Planned Development District to be in accordance with a certain map heretofore filed with the Town Board, entitled "Planned Development District No. 3, B.G. - Section II," by Edwin Ogsbury, P.E. and numbered as 69-C-9; subject, however, to the following restrictions, requirements and conditions:
A. 
The district under consideration shall be known as the "Planned Development District No. 3 of the Town of Malta."
B. 
The total area in square feet shall be listed for each numbered lot.
C. 
The proposed central water system shall be controlled by a New York corporation.
D. 
The proposed central water system shall be approved by the New York State Board of Health, the New York State Conservation Department Division of Water Resources and, if necessary, the New York State Public Service Commission.
E. 
The proposed water system shall be installed to the following minimum specifications:
(1) 
The pressure to be maintained shall be in accordance with water supply computations furnished to and filed with the Town Board by Donald J. Rudolph, P.E.
(2) 
Piping material shall be asbestos cement, PVC and/or copper manufactured in conformance with a nationally approved specification such as ASA or AWWA.
(3) 
All piping joints shall utilize a mechanically compressed rubber seal type iron fitting, except that the copper may be flare type.
(4) 
All piping except the dwelling line shall be within a road right-of-way but not under the double treated surface, and be underground with at least five-foot ground cover and surrounded by one foot minimum of compacted fill sand.
(5) 
At least two fire hydrants of nationally approved construction and noncorrosive trim, each with 4-1/2 inch and two 2-1/2 inch national standard thread connections, shall be located at the edge of the road right-of-way and within the district to provide best coverage to all dwellings.
(6) 
Each roadway main, and each dwelling lateral, shall contain an isolation valve of noncorrosive trim. Each such valve shall be located at the edge of the road right-of-way, with a rod and curb box extending to grade level.
F. 
The survey of the proposed roads shall be approved by the County and Town Highway Superintendents, and provide a typical section with a minimum depth and width as shown on the drawings, "New Development Roads in Town of Malta," dated October 1969.
G. 
Before any building permit shall be issued, the roadways, drainage ditches and culverts must be completed in accordance with the specifications for New Development Roads in the Town of Malta dated October 1969.
H. 
The topography shall show the tentative location of each building on each numbered lot, and ground elevations around each building, and all ground grades, ditches and culverts so that there are no low spots for water to collect anywhere within the Planned Development District No. 3.
I. 
The dwellings to be erected on each lot shall be one-family dwellings containing a minimum living floor area of 800 square feet, a maximum height of 30 feet, a minimum road frontage lot width of 100 feet, and minimum yard dimensions for all buildings to be 40 feet front, 12 feet side, 24 feet both sides and 30 feet rear.
J. 
The dwellings shall be completed and ready for occupancy at the rate of five new dwellings minimum per year.
K. 
The Zoning Ordinance of the Town of Malta shall apply to Planned Development District No. 3, except in so far as varied by the requirements herein.
L. 
The map of Planned Development District No. 3 shall contain the approval signature of the Supervisor of the Town of Malta.
M. 
Beverly Court Highway on said map shall be opened to a width of 60 feet and an appropriate entrance radius to be commensurate with current Town highway specifications.
[Adopted 7-16-1971]
A. 
This ordinance shall be known as No. 73-9 and amends the Town of Malta, New York, Zoning Ordinance which created "Planned Development District No. 4, Country Knolls, Town of Malta."
[Amended 1-4-1972 by Ord. No. 507-1972; 8-7-1973 by Ord. No. 73-9]
B. 
The Town of Malta, New York, Zoning Ordinance and Zoning Map of the Town of Malta as set forth herein be and the same hereby are amended by changing from District R-1 a portion thereof and creating within the boundaries of said newly described area an expanded planned development district to be known and described as "Planned Development District No. 4, Country Knolls."
C. 
The area of said Planned Development District No. 4, Country Knolls, is bounded and described in Exhibit A as follows:
(1) 
Legal Description of Planned Development District No. 4. ALL THAT TRACT, PIECE OR PARCEL of land situate in the Town of Malta, County of Saratoga and State of New York, bounded and described as follows:
(a) 
BEGINNING at a point in the southerly bounds of Round Lake Road, County Road No. 83, approximately five hundred eighty feet (580') westerly of the center line of Raylinsky Road, and running thence westerly along the southern bounds of Round Lake Road approximately two thousand two hundred fifty feet (2,250') to the northeast corner of lands now or formerly of Herrington; thence southerly along lands of said Herrington approximately eight hundred ten feet (810') to the southeast corner of lands of said Herrington; thence westerly along the same approximately one thousand six hundred seventy feet (1,670') to a point in the easterly bounds of East Line Road; thence southerly along the East Line Road approximately seven hundred forty feet (740') to the northwest corner of lands now or formerly of Hennessey; thence easterly approximately three hundred thirty feet (330') to the northeast corner of lands of said Hennessey; thence southerly along lands of said Hennessey approximately five hundred forty feet (540') to a point in the northerly bounds of lands of Weatherill; thence easterly approximately one thousand three hundred ten feet (1,310') to a point; thence along lands of said Weatherill the following: northerly approximately eight hundred sixty feet (860') to a point; thence easterly approximately six hundred eighty feet (680') to a point; thence southerly approximately one thousand one hundred forty feet (1,140') to Raylinsky Road; thence westerly along Raylinsky Road approximately two thousand fifty feet (2,250') to a point; thence south 2 deg. 30 min. west, three hundred nineteen and forty-four hundredths feet (319.44') to a point; thence north 88 deg. west, two hundred forty-six and eighty-four hundredths feet (246.84') to a point; thence south 3 deg. west, five hundred one and sixty hundredths feet (501.60') to a point; thence easterly seven hundred sixty and ninety-eight hundredths feet (760.98') to a point; thence south 7 deg. 15 min, 40 sec. east, eight hundred sixty two and ninety-four hundredths feet (862.97') to a point; thence north 84 deg. 28 min. 50 sec. east, one thousand seven hundred sixty five and fifty-one hundredths feet (1,765,51') to a point; thence north 82 deg. 39 min. 35 sec. east, seven hundred seventy eight and sixty-seven hundredths feet (778.67') to a point; thence north 7 deg. 04 min. 55 sec. west, 110.06 to a point; thence north 84 deg. 36 min. 25 sec. east, three hundred forty two and seventy-eight hundredths feet (342.78') to a point; thence south 7 deg. 18 min, 35 sec. east, ninety eight and forty-one hundredths feet (98.41') to a point; thence north 82 deg. 31 min. 05 sec. east, one thousand five hundred seventy five and one hundredth feet (1,575.01') to a point; thence north 10 deg. 21 min. 50 sec. west, one thousand five hundred forty nine and ninety hundredths feet (1,549.90') to a point; thence north 76 deg. 57 min. 00 sec. west, four hundred twenty five and fifty four hundredths feet (425.54') to a point; thence south 83 deg. 21 min. 25 sec. west, two hundred sixty nine and seventy-two hundredths feet (269.72') to a point; thence south 81 deg. 30 min. 15 sec. west, one hundred forty eight and ninety-three hundredths feet (148.93') to a point; thence south 53 deg. 00 min. 20 sec. west, one hundred twenty seven and fifty-nine hundredths feet (127.59') to a point; thence south 70 deg. 50 min. 50 sec. west, one hundred sixty three and four hundredths feet (163.04') to a point; thence so 51 deg. 43 min. 10 sec. west, one hundred one and fifty-three hundredths feet (101.53') to a point; thence south 85 deg. 11 min. 25 sec. west, one hundred thirty five and seventy-three hundredths feet (135.73') to the southern bounds of Raylinsky Road; thence westerly along Raylinsky Road approximately three hundred eighty one feet (381') to a point; thence northerly along lands now or formerly of Donald Stoddard approximately five hundred feet (500') to a point; thence easterly approximately sixty feet (60') to a point; thence northerly approximately one thousand one hundred feet (1,100') to a point; thence easterly approximately one hundred twenty feet (120') to a point; thence northerly approximately eight hundred ninety feet (890') to the point or place of beginning, containing 311 acres of land, more or less.
[Amended 8-7-1973 by Ord. No. 73-9]
(b) 
BEGINNING AT A POINT in the northerly bounds of Raylinsky Road lying approximately five hundred sixty feet (560') easterly of the easterly bounds of East Line Road as measured along the northerly bounds of Raylinsky Road; and running thence through the lands of Gordon and Estella Weatherill the following: north 14 deg. 55 min. east, two hundred and zero hundredths feet (200.00') to a point; thence north 06 deg. 38 min. west, four hundred ninety nine and forty six hundredths feet (499.46') to a point in the southerly line of lands now or formerly of Vassar J. Hennessey; thence along lands of said Hennessey the following: north 83 deg. 22 min. east, one thousand twenty four and fifty four hundredths feet (1,024.54') to the southeasterly corner of said Hennessey; thence north 6 deg. 50 min. west, eight hundred sixty and sixty four hundredths feet (860.64') to a point; thence along lands now or formerly of Roerig north 83 deg. 09 min. east, six hundred eighty and forty six hundredths feet (680.46') to a point; thence along lands now or formerly of Casimir and Marie Raylinsky south 7 deg. 00 min. east, one thousand one hundred thirty four and fifty two hundredths feet (1,134.52') to the northerly bounds of Raylinsky Road; thence westerly along Raylinsky Road; approximately two thousand ten feet (2,010') to the point or place of beginning; containing 34.5 acres of land, more or less.
[Added 5-11-1976 by Ord. No. 2-1976]
(c) 
Beginning at a point on the southerly bounds of Beverly Place said point also being the south west corner of a parcel dedicated to the Town of Malta for highway purposes, and proceeding north 82 deg. 30 min. west 700' to a point, thence along the westerly bounds of a subdivision entitled "Bellevue Gardens Map No. 3" as filed in the County Clerks office as Map No. AA - 242 the following 4 courses:
South 7 deg. 30 min. west
150.00'
South 36 deg. 15 min, 50 sec. west
195.28'
South 26 deg. 00 min. west
224.54'
South 3 deg. 14 min. 20 sec. west
181.84'
to a point on the northerly bounds of lands now or formerly of Costopoulos and along said lands of Costopoulos north 78 deg. 22 min. west 151.75' to a point on the westerly bounds of land now or formerly of Casimir Raylinsky thence along said lands of Raylinsky north 6 deg. 15 min. 15 sec. east 631.98' to a monument located at the south east corner of the lands of the Shenendehowa Central School District and thence along the easterly bounds of said School District north 5 deg. 14 min. 51 sec. east 330.80' to a point thence easterly along the southerly bounds of Roerig and Crandall south 83 deg. 48 min. 08 sec. east 378.35' to the northwest corner of the lands of Miller, thence along said lands of Miller south 7 deg. 30 min. west 206.62' and south 82 deg. 30 min. east 22.00' to a point on the northerly bounds of Beverly Place, thence south 7 deg. 30 min. west 60.00' to the point or place of beginning and containing 6.19 acres more or less.
[Added 3-7-1978 by Ord. No. 3-1978]
D. 
Development.
[Amended 1-4-1972 by Ord. No. 507-1972; 8-7-1973 by Ord. No. 73-9; 9-2-1975 by Ord. No. 1-1975]
(1) 
There shall be constructed within the boundaries of Planned Development District No. 4, Country Knolls, in addition to the single-family houses already built, apartments, a public school, a convenience center and recreational facilities, all as set forth on the plan heretofore approved and placed on file by the Town Planning Board of the Town of Malta. The expanded Planned Development District No. 4 shall be developed in the following manner:
(a) 
Single-family homes: up to 270 units on 200 acres, minimum lot size 17,000 square feet and maximum 40,000 square feet.
(b) 
Apartments: up to 1,072 on approximately 120 acres.
(c) 
Commercial development: a convenience center located on approximately 12 acres.
(d) 
Schools: a public school located on 11 acres.
(e) 
A community center: this community center is an optional part of the Planned Development District and if constructed will be located on approximately two acres.
(2) 
In accordance with the plan heretofore filed, and in accordance with the amended plan as filed, there shall be provided recreational space of an area equal to 5% of the developed area, excluding streets.
(3) 
The property may be developed in stages, and before any construction is started and any building permit is issued relating thereto, final plats, plans and specifications of the specific stages shall be submitted to and approved by the Town Planning Board and the Town Engineer and filed with the Town Clerk.
E. 
Prior to the construction of any commercial buildings or apartments, the designs, plans and materials to be used in the construction thereof shall be approved by the Town Planning Board and the Town Engineer of the Town of Malta and such approval filed in the Town Clerk's office. The final design, layout of buildings, number of living units in a single building and other such items shall also be subject to the approval of the Town Board with the advice of the Town Planning Board.
[Amended 8-7-1973 by Ord. No. 73-9; 9-2-1975 by Ord. No. 1-1975]
F. 
All roads and/or streets shall be constructed pursuant to specifications in effect for the construction of Town highways. All sewerage and water shall be supplied by the developer from a source or sources approved by the appropriate New York State agencies.
[Amended 8-7-1973 by Ord. No. 73-9]
G. 
This amendment shall be deemed automatically revoked and void, and the previous regulations shall obtain, if, within 12 months from the date of this amendment, commencement of the construction of the apartments and commercial development has not begun, or, if after construction has begun, unless substantial progress continues without undue interruption. Any delay exceeding 12 months between the completion of an apartment building containing 16 apartments and the commencement of another shall effect an automatic revocation and voiding of this amendment, except as to the area within which an apartment building or buildings which has or have been constructed pursuant to this amendment there shall be no voiding of this amendment and as to said area and apartment building or buildings, this amendment shall obtain and the areas zoned by this amendment shall be the area within which said apartment building or buildings was or were constructed pursuant to this amendment. For proper cause shown, the Town Board may grant extensions of time not exceeding six months for any one extension for the construction of successive apartment buildings.
[Amended 8-7-1973 by Ord. No. 73-9]
H. 
Saving clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
I. 
The developer of Planned Development District No. 4, Country Knolls, be approved to develop the 28 buildings of four apartments each in accordance with the site plans and explanatory data submitted to the Planning Board and the Town Board.
[Added 10-7-1975]
J. 
Pursuant to Section V of Ordinance No. 1 of 1975, the 16 four-plex apartment buildings as proposed by the developer are approved; and be it further resolved that upon application made the Building Inspector may, in his discretion, issue appropriate building permits.
[Added 9-5-1978]
K. 
The proposal made by the developer on November 7, 1978, which is presently before the Town Board of the Town of Malta at its regular meeting on November 9, 1978, is hereby approved, and be it further resolved that his revised plan be set forth in final form by the developer and copy of such approved plan be forwarded to the Planning Board of the Town of Malta for its records.
[Added 11-9-1978]
L. 
The Supervisor of the Town of Malta, on behalf of the Town Board of the Town of Malta, is authorized to execute a deed found by the Town Attorney to be in acceptable technical form whereby such property as previously conveyed back over to Robert Van Patten in order that the Town of Malta may then receive the road in the revised Section 34, known as "Chango Drive."
[Added 12-5-1978]
M. 
Pursuant to Section V of Planned Development District No. 4 as adopted on September 2, 1975, the Town Board hereby approves the placement and layout of the 14 apartment buildings on Aspenwood in Planned Development District No. 4 as such are located and placed west of Chango Drive and south of Wandering Stream in accordance with the plan as submitted by the Developer.
[Added 12-5-1978]
N. 
Country Club Acres, Inc., be and it hereby is authorized to construct 20 four-plex apartment buildings on the private streets to be known as "Premont Way" and "Maclyn Meadows" contingent upon the following:
[Added 3-25-1987]
(1) 
Calculations must be submitted to the Town Engineer concerning well capacities of the water line.
(2) 
Proposed water service connections must be approved by the New York State Department of Health.
(3) 
The proposed sewage collection system must be approved by the New York State Department of Environmental Conservation.
(4) 
Typical details of hydrants and roadway cross sections must be submitted to the Town Engineers.
(5) 
The final plans and specifications must be signed and sealed by a professional engineer.
(6) 
The names of the proposed streets must be submitted to the Planning Board, so as to prevent duplication of names in the Town of Malta or the surrounding Towns, and the final names of the streets shall be approved by the Planning Board.
(7) 
Completion of a gravel road continuing Fairfield Road to Chango Drive.
(8) 
No building shall be constructed at the location of the proposed building designated Building 14 on the private road known as "Norwood Commons," now known as "Cranberry Hills," nor at the location of the building known as "Building 9 Springwoods," now known as "Laurinda Lane."
O. 
Country Club Acres, Inc., be and it hereby is authorized to construct 36 four-plex apartment buildings in the 24 plus or minus acre area in question, with the density to be no greater than six units per acre, contingent upon the following:
[Added 12-1-1987]
(1) 
The proposed water service connections must be approved by the New York State Department of Health.
(2) 
The proposed sewer collection system must be approved by the New York State Department of Environmental Conservation.
(3) 
The exterior of the buildings shall be covered with vinyl and/or aluminum siding and brick as may be appropriate. Any aluminum and vinyl used on the sides of a building must be of the same dark color.
(4) 
Typical details of hydrants, and roadway cross sections must be submitted to the Town Engineers.
(5) 
A drainage plan must be submitted to the Town Engineers, showing that the drainage for this area is not such as to disturb the existing vegetation in the one-hundred-foot buffer provided for herein. The drainage plan must provide for the diversion of water of the ravine located on the subject premises and not into the Country Knolls North Subdivision. The drainage plan must be approved by the Town Engineer before building permits are issued.
(6) 
A buffer zone 100 feet in depth, starting at the intersection of Chango Drive and Raylinsky Road and running along the northerly side of Raylinsky Road in a westerly direction to the point where the lands of the developer end, shall be maintained in an undisturbed state. Evergreen trees at least six feet in height must be planted along the entire northerly edge of the buffer zone for screening purposes.
(7) 
The names of the proposed streets in the subject area must be submitted to the Planning Board so as to prevent duplication of names in the Town of Malta or the surrounding Towns, and the final names of the streets shall be approved by the Planning Board.
(8) 
The construction road now entering Raylinsky Road must be removed within 30 days from the effective date of this resolution and thereafter the area of the construction road must be reseeded and replanted to return the area to its natural state on or before July 1, 1988.
(9) 
A letter of credit in an amount acceptable to the Town Engineers is required to guarantee planting of evergreens and the restoration of the construction road as herein set forth.
(10) 
Prior to the issuance of a building permit, this application shall be reviewed by the Planning Board of the Town of Malta. The Town of Malta Planning Board is directed to review only the actual placement of the 36 four plex apartment buildings hereby approved. In no event shall the number of buildings be changed by the Town of Malta Planning Board, as long as the density requirements as set forth in this Resolution are met by the applicant.
P. 
Country Club Acres, Inc., be and it hereby is authorized to construct 13 four plex buildings in the 9.6 plus or minus acre area in question with density to be no more than 5.48 units per acre contingent upon the following:
[Added 2-6-1990]
(1) 
Proposed water service connection must be approved by the New York State Department of Health.
(2) 
The proposed sewer collection system must be approved by the New York State Department of Environmental Conservation.
(3) 
All utilities must be underground.
(4) 
The exterior of the buildings shall be covered with brick and vinyl siding.
(5) 
There shall be internal sidewalks, which shall be a minimum of four feet from the road pavement. Blacktop sidewalks will be allowed. Construction of the sidewalks must be approved by the Town Engineer.
(6) 
The private road proposed will be 24 feet wide, with a boulevard-type road (12 feet of pavement in each lane with 12 feet in the center) at the entrance and for 120 feet back from the entrance.
(7) 
A minimum of one acre of recreational area will be provided in the westerly portion of the parcel.
(8) 
A berm and buffer zone will be created in the area where the subject premises is contiguous to Round Lake Road and Chango Drive, and along the west side of the parcel. No certificates of occupancy will be issued until the berm and buffer zone is acceptable to the Town Building Inspector.
(9) 
A right-hand-turn lane will be installed for traffic turning from Chango Drive onto Round Lake Road, including signs and road striping from the intersection to the mall entrance road. This work must be completed before the last certificate of occupancy is issued.
(10) 
The minimum building setback from Round Lake Road must be 80 feet from the County right-of-way.
(11) 
Access to and from the site shall be from Chango Drive only. No access to and from the site from Round Lake Road will be permitted.
(12) 
The drainage plan for the site must be approved by the Town Engineer.
(13) 
A copy of a map showing the final of the subject premises, as revised on February 6, 1990, is annexed hereto. This approval is contingent on the review and approval of the map by the Town Engineers.
Q. 
Construction of 19 single-family dwellings.
[Added 10-3-1994 by Ord. No. 7-1994; amended 12-4-1995]
(1) 
That this ordinance shall be known as Ordinance No. 7 of 1994 and amends the Town of Malta, New York, Zoning Ordinance to amend a planned development district known as "Planned Development District No. 4, Country Knolls, Town of Malta."
(2) 
The area of this amended planned development district consists of 13.12 acres in the Town of Malta, County of Saratoga, State of New York, situate on the east side of Chango Drive and north side of Raylinsky Road, as set forth in the map dated September 14, 1994, and placed on file with the Planning Board of the Town of Malta. (Map attached hereto marked Exhibit A.)[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
(3) 
There shall be constructed within the above-described area 19 single-family dwellings, all as set forth on the plan dated September 14, 1994, and prepared by ABD Engineers and Surveyors and placed on file with the Town Planning Board of the Town of Malta. The exact size and configurations of the lots herein shall be determined by the Malta Town Planning Board which shall retain final site plan approval and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board.
(4) 
The appropriate written approvals for water, sewer and drainage systems shall be obtained by the applicant at its expense, from the appropriate authorities, including the Town Engineer and Town Highway Superintendent, prior to the issuance of any building permits by the Town of Malta Building Inspector for any buildings to be constructed on the herein-described premises. The water services for said buildings shall be provided by Town of Malta Water Supply District No. 1 and Clifton Park Water Authority and sewer services shall be provided by Saratoga County Sewer District No. 1 and C.K. Sanitary Systems, Inc.
(5) 
All drainage easements shall be a minimum of 30 feet in width and 15.0 feet from the center line of the pipe or ditch.
(6) 
All utilities, but not limited to gas, electric, telephone, etc., shall be serviced by underground pipes, wires and conduits. The developer shall provide at its expense electric service for streetlighting at all street intersections.
(7) 
The Town of Malta Planning Board shall establish minimum landscaping requirements for each lot. In addition, the developer shall provide landscaping and vegetation for the buffer zone along the southerly boundary of said property along the rear of existing lots fronting Raylinsky Road and on est side of the passive land, all as shown on a map and plan dated September 14, 1994, and filed with the Town of Malta Planning Board.
(8) 
The developer shall minimize the removal of vegetation where practical, to be approved by the Town of Malta Planning Board.
(9) 
The developer shall include sufficient landscaping to offset removal of vegetation, to be approved by the Town of Malta Planning Board.
(10) 
The developer shall design and construct roadways and other infrastructure components in accordance with the subdivision regulations of the Town of Malta and highway specifications of the Town of Malta, except width of pavement of roads shall be 24 feet.
(11) 
No Sunday construction shall be allowed.
(12) 
A soil conservation plan shall be submitted by the developer prior to final approval by the Town of Malta Planning Board and said plan shall have approval of the Town of Malta Planning Board.
(13) 
The construction shall minimize interference with both existing and new adjacent dwellings, and said schedule to be approved by the Town of Malta Planning Board.
(14) 
The water system installed in this planned development district shall provide for fire hydrants with not less than 500 feet between hydrants, and the operation thereof in accordance with I.S.O. standards and flow requirements. Fire hydrant locations and orientation shall have written approval of the Round Lake Hose Company Fire Chief.
(15) 
The developer shall provide easements to the Town of Malta for all drainage structures, pipes, swales or catch basins which do not fall within a proposed right-of-way.
(16) 
The developer shall provide an adequate and appropriate stormwater drainage system for the planned development district to allow for the drainage of the lands adjacent to the planned development district, which lands are northerly and westerly of said district, and such stormwater drainage plan shall be approved by the Town Engineer and the Town of Malta Planning Board.
(17) 
In the event that the development plan shall be altered or changed under the site plan approval process for the Town of Malta Planning Board, the stormwater management plan must be updated to reflect the increase or decrease of runoff and such amended plan must be approved by the Town of Malta Planning Board and the Town Engineer.
(18) 
Prior to the issuance of any building permits, the developer shall deposit with the Town of Malta the sum of $900.00, which amount will be this developer's share toward traffic control devices at the intersections of Round Lake Road and Raylinsky Road and Ruhle Road.
(19) 
The Malta Town Planning Board shall make provisions in its final site plan review for planting of trees and other landscaping to implement landscaping as shown on the map dated September 14, 1994, and a letter of credit or bond will be provided to the Town of Malta in an amount determined by the Town Engineer, all prior to the issuance of any building permit.
(20) 
The front yard setback for any and all permanent construction in this planned development district shall be 30 feet from the property line; side yard, 10 feet; and rear yard, 25 feet; except for four lots on Raylinsky Road which shall be; front, 50 feet; side 15 feet; and rear, 30 feet.
(21) 
The planned development district shall be for residential use only.
(22) 
The developer agrees to provide on each lot in the planned development district a residential post-mounted yard light to be operated by the property owner.
(23) 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
(24) 
The developer agrees to develop, grade and seed the 1.5 acres to be designated as passive land and shall install appropriate benches and other amenities as required by the Town of Malta Planning Board.
(25) 
The developer will install a widened bituminous concrete shoulder not less than five feet wide along the east side of Chango Drive from Raylinsky Road to the Malta Mall entrance.
(26) 
The developer shall install a sanitary force main to the rear property lines of lands of Raylinsky and Nock, now or formerly.
(27) 
The minimum lot size shall be 13,000 square feet except for lots along Raylinsky Road, which shall have a minimum lot size of 40,000 square feet.
(28) 
All dwellings constructed in the amended planned development district shall have a minimum of 1,100 square feet habitable space, except for the dwellings built on Raylinsky Road which shall have a minimum of 1,600 square feet habitable space for a one-story building and 1,800 square feet habitable space for a two-story building as defined by the New York State Building Code.
(29) 
The developer shall install a minimum of two operating fire hydrants along Raylinsky Road at locations to be determined by the Town Engineer. Such fire hydrants are to be installed in accordance with I.S.O. standards and flow requirements. Fire hydrant locations and orientation shall have prior approval of the Round Lake Hose Company Fire Chief.
(30) 
The developer shall install street and road signs in accordance with the New York State Manual of Uniform Traffic Control Devices, subject to approval of the Highway Superintendent and Town Engineer.
(31) 
As amended hereby, the Town of Malta, New York, Zoning Ordinance No.7 of 1994, shall, in all respects, apply to the subject premises.
R. 
Temporary banking facility.
[Added 3-6-1995 by Ord. No. 2-1995]
(1) 
This ordinance shall be known as "Ordinance No. 2 of 1995," and amends the Town of Malta, New York, ordinance to amend a planned development district known as "Planned Development District No. 4, Country Knolls, Town of Malta."
(2) 
This amendment will allow the erection of a seven-hundred-twenty-square-foot temporary banking facility within the nine-acre Commercial Development Area of the PDD.
(3) 
The temporary banking facility shall be located at the west end of the existing commercial area parking lot. The exact location of the temporary structure shall be shown on a site plan of the commercial area and approved by the Town of Malta Building Inspector and Town Engineer, prior to obtaining a building permit.
(4) 
Traffic circulation, parking and utility service connections shall be shown on a site plan and approved by the Town of Malta Building Inspector and Town Engineer, prior to obtaining a building permit.
(5) 
The temporary banking facility shall be permitted for a ninety-day period, commencing upon the date of issuance of a certificate of occupancy, and shall be removed from the site by the end of the ninety-day period.
(6) 
Signs for the temporary banking facility shall conform to requirements of the Town of Malta Zoning Ordinance.
(7) 
Savings clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
S. 
This amendment shall apply to the area referred to as the Commercial Development Area and more particularly defined as set forth in Exhibit B. All exhibits are attached hereto and made a part hereof.[2]
[Added 11-3-2010 by L.L. No. 11-2010]
(1) 
The currently existing structure located in this area of the PDD, commonly referred to as the Malta Mall, consists of a building with 65,095+/- square footage. It is proposed that 26,535 +/- square feet of the existing building located on the westerly side of the Malta Mall will be demolished and rebuilt, with an additional 9,277 +/- square feet to be added to the most westerly side of the building, resulting in the building, when completed, to be comprised of 74,372 +/- square feet.
(2) 
Also proposed is a free-standing building to be located generally in the northeast corner of the Commercial Development Area. This building will be 2,301 +/- square feet.
(3) 
The following uses shall be permitted in the Commercial Development Area (also referred to in this PDD as the "convenience center" area):
(a) 
Grocery store.
(b) 
Bank; drive-thru for bank only allowed in 2,301 +/- square-foot building.
(c) 
Retail uses. All allowed uses that exceed 6,400 square feet shall be allowed if granted a special use permit by the Town of Malta as set forth in the Town of Malta Code § 167-38.1.
(d) 
All other uses allowed in the Exit 11 Hamlet zone, as may be amended from time to time.
(4) 
The project shall be constructed in substantial conformance to the site layout map and renderings attached hereto as Exhibit C,[3] including the construction of a sidewalk along Round Lake Road on the northerly side of the project, and continuing along Chango Drive on the westerly side of the project, and continuing beyond the southern boundary of the project along Chango Drive and terminating at the entrance drive to the Chango Elementary School; the construction of a right turn lane will be added to the Chango Drive approach to Round Lake Road because this approach operates at a failing level of service F (LOS F) under 2012 conditions without the additional traffic from the proposed project, the no-build condition. The improvement will markedly decrease the delay experienced for that approach and improve the approach LOS in the 2012 build condition. This improvement will enhance both the intersection and the corridor; and a right turn lane will be added to site Driveway No. 1, opposite Hearthwood Drive. This improvement significantly decreases delay and improves LOS for vehicles leaving the Malta Mall at this driveway. These three improvements shall be completed prior to the issuance of a certificate of occupancy for the proposed grocery store. In addition, the owner and developer of the Commercial Development Area agree to provide for possible future dedication to the Town of Malta, or other entity designated by the Town of Malta, a ten-foot strip of land along the northerly boundary of the Commercial Development Area, as designated on Exhibit C if it is deemed necessary for any roadway improvements. The owner and developer agree to provide this land at no cost to the Town or other designated entity. The buildings constructed in the Commercial Development Area shall be sprinkled or provide other fire-suppression methods acceptable to the local fire department.
[3]
Editor's Note: Said exhibit is on file in the Town offices.
(5) 
The parking area shall be shared with park and ride commuters who shall have access to 50 parking spaces. Such access may be on a first-come basis in competition with other parking lot users. During site plan review, the Planning Board shall determine the location of the parking spaces for use by the New York State Department of Transportation, the Capital District Transportation Authority, or some other Town-designated entity and shall design for the operation of a forty-foot bus through the parking lot in a manner that is convenient and safe for the operators of a forty-foot bus. Removal from a site plan of the 50 designated spaces shall require an amendment to this planned development district.
(6) 
Landscaping shall be constructed generally as depicted on Exhibit D[4]; however, the final landscaping for the project site shall be determined by the Town of Malta Planning Board.
(a) 
If parking is approved along the southern boundary of the project, the Town of Malta Planning Board shall determine the appropriate barrier/screening between this project and the lands to the south, currently occupied by the Chango Elementary School. The Town of Malta Planning Board shall take into consideration the adjacent uses of the lands by the Chango Elementary School, along with safety, access and any other pertinent concerns in determining the appropriate barrier/screening to be required. The Planning Board is encouraged to consider input from representatives of the Chango Elementary School.
(b) 
Trees shall be planted as depicted on Exhibits C and D in the parking lot of the Commercial Development Area, as well as in other areas deemed appropriate by the Town of Malta Planning Board.
(c) 
A berm shall be constructed to the north of the free-standing building located in the northeast corner of the project. The Town of Malta Planning Board shall determine the appropriate landscaping for the berm and adjacent area.
[4]
Editor's Note: Said exhibit is on file in the Town offices.
(7) 
Lighting shall be constructed as generally located in Exhibit D.[5] The style of the lighting fixtures shall be determined by the Town of Malta Planning Board, and should strive to be aesthetically pleasing and similar to other lighting located in the general neighborhood of the project. There shall be no light packs. The exact number, design, use of existing lighting versus requirement of new light fixtures shall be determined by the Planning Board at the time of site plan review. If deemed appropriate by the Planning Board, they may require the owner/developer to provide lighting information for other sections of the proposed Commercial Development Area if only a portion of a project is submitted for site plan review in order to develop a complete and consistent lighting plan throughout the project.
[5]
Editor's Note: Said exhibit is on file in the Town offices.
(8) 
Signage.
(a) 
There currently exists in the Commercial Development Area signage for existing tenants which consists of the following signs with the noted dimensions set forth on Exhibit E.[6] In addition, there are free-standing signs with the noted dimensions set forth on Exhibit E. These signs shall be allowed to be used with the same number, size and materials. If the materials or size of a sign is proposed to be changed, the new provisions regarding signage in the following Subsection S(8)(b) shall apply.
[6]
Editor's Note: Said exhibit is on file in the Town offices.
(b) 
Signage size and materials shall be allowed in the Commercial Development Area as provided for in the Town of Malta Code § 167-27D (signs in shopping centers/malls), and the C-5 Exit 11 commercial district, as that provision may be amended from time to time, allows. In calculating the amount of signage allowed, the Town of Malta shall take into consideration the size and dimensions of the signs grandfathered in Subsection S(8)(a) above. In addition to that signage allowed, the following signs/dimensions shall be allowed:
[1] 
The Hannaford sign for the front of the store, as depicted in Exhibit F,[7] together with the materials and dimensions provided;
[7]
Editor's Note: Said exhibit is on file in the Town offices.
[2] 
Free-standing monument signs totaling 224 square feet in total (both sides) to be located at the entrances as depicted on Exhibit C. The amount of signage shall not exceed the dimensions and numbers of the existing signs, together with the size and dimensions of signs permitted by this subsection.
(c) 
The Building and Planning Department of the Town of Malta shall review any proposed sign changes from the existing conditions. If the proposed change is to the text of an existing sign, that shall be reviewed through the change of tenancy provisions of the Town of Malta Code. If the proposed sign is new or there is a proposed change to the size, dimensions, materials or location of the sign, the proposed sign shall be subject to site plan review by the Malta Planning Board.
(9) 
Architecture shall be as generally depicted in Exhibit G.[8] The final design and material shall be subject to review and approval by the Town of Malta Planning Board. The Planning Board should give close attention and consideration to the proposed architecture of the proposed free-standing 2,301 +/- square foot building to insure that it is comparable and compatible with the architecture of the proposed new portion of the Malta Mall, as well as working to incorporate improvements where possible to the existing section of the Malta Mall to marry and blend the existing portion with the new portion of the mall. The Planning Board is encouraged to give particular consideration to the materials to be used to promote harmony with the neighborhood and the existing development in the Exit 11 hamlet area, as well as the surrounding neighborhood.
[8]
Editor's Note: Said exhibit is on file in the Town offices.
(10) 
All provisions of the Town of Malta Code, as amended from time to time, shall apply to this PDD. In the event there is a conflict between the language of the PDD and the Town of Malta Code, this PDD shall apply.
(11) 
Sunset provision, if construction is not commenced within three years, either for the Malta Mall or the free-standing building.
(12) 
Mitigation fees shall be required to be paid based upon the Town of Malta GEIS adopted in 2005. Fees shall be due and payable for traffic, recreation and GEIS preparation fees. Such fees are subject to increase, as provided for in the Malta Town Code, based upon the consumer price index.
(13) 
Savings clause. If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment, order and/or decision shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
[2]
Editor's Note: Said exhibit is on file in the Town offices.
[Adopted 12-3-1974 by Ord. No. 2-1974]
A. 
This ordinance shall be known as "Ordinance No. 2 of 1974" and amends the Town of Malta, New York, Zoning Ordinance.
B. 
The Town of Malta, New York, Zoning Ordinance and Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing from District R-1 a portion hereof and creating within the boundaries of said described area a planned development district to be known and described as "Planned Development District No. 5, Stewart-Teele Subdivision, Town of Malta."
C. 
The area of said Planned Development District No. 5, Stewart-Teele Subdivision, Town of Malta, is bounded and described in Subsection D below.
D. 
Development and boundaries.
(1) 
There shall be constructed within the boundaries of Planned Development District No. 5, Stewart-Teele Subdivision, Town of Malta, 49 single-family homes on a total of 46 acres plus or minus, each lot having one-hundred-foot minimum lot frontage at the building line, and each lot having a minimum of 20,000 square feet. Upon application to the Building Inspector and with the approval of the Town Planning Board or appropriate plans, the developer may construct a home with a separate apartment for occupancy by a relative of the principal owner, provided that the exterior of such home is found to be in keeping with the single-family home architecture of the planned development district.
[Amended 11-6-1978 by Ord. No. 6-1978]
(2) 
The property may be developed in stages, and before any construction is started and any building permit is issued relating thereto, final plats, plans and specifications of the specific stages shall be submitted to and approved by the Town Planning Board and a Town Engineer and filed with the Town Clerk.
(3) 
Boundaries.
(a) 
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being on the easterly side of Van Aernum Road in the Town of Malta, County of Saratoga and State of New York, bounded and described as follows:
[1] 
On the west by the easterly line of Van Aernum Road; on the south by lands now or formerly of Duel and Munroe; on the east by Interstate Highway Route 87; and on the north by lines parallel to the northerly line of lands of said Deuel and Munroe and distant 660 feet therefrom.
[2] 
SUBJECT to all public utility easements and use restrictions of record, if any, affecting said premises.
[3] 
EXCEPTION AND RESERVING to Wallace B. Bush, Viola M. Bush, Gerald Dahlquist and Elaine Dahlquist the right to draw water from the spring located on the above-described premises together with the right of access for the purpose of maintaining or reconstructing their existing water system and lines leading thereto. This easement shall terminate when Wallace B. Bush, Viola M. Bush, Gerald Dahlquist and Elaine Dahlquist shall be supplied with water without charge by a water works corporation; the supply of such water shall extend free of charge to them respectively for their lifetimes or until they sell and transfer their respective residences.
(b) 
LANDS TO BE CONVEYED TO STEWART-TEELE CONSTRUCTION COMPANY, INC., PURSUANT TO AN AGREEMENT DATED MAY 9, 1974, BETWEEN WALLACE B. BUSH AND VIOLA M. BUSH, his wife, AND STEWART-TEELE CONSTRUCTION CO., INC.
[1] 
All that tract, piece or parcel of land situate in the Town of Malta, Saratoga County, New York, lying along the easterly margin of Van Aernum Road, also lying along the westerly margin of the Adirondack Northway Interstate Route 502-2-3, and being more particularly bounded and described as follows: BEGINNING at the point of intersection of the easterly margin of Van Aernum Road with the common division line between lands now or formerly of Gilbert C. Munroe as described in Book 730 of Deeds at Page 333 on the south and lands of Wallace B. Bush and Viola M. Bush as described in Book 609 of Deeds at Page 422 on the north and runs thence along the easterly margin of Van Aernum Road the following three courses: north 29" 15' 40" east, 898.84 feet to a point of curve; thence northerly along a curve to the left of radius 629.75 feet, a distance of 372.60 feet to a point of tangency (the chord for the above-described arc being north 12 degrees 18 minutes, 50 seconds east, 367.19 feet); thence north 4 degrees, thirty eight minutes, 10 seconds west, 146.81 feet to a point; thence along the common division line between lands of Bush on the south and lands now or formerly of Mattie K. Atkins as described in Book 362 of Deeds at Page 566, lands now or formerly of Robert Heineman as described in Book 912 of Deeds at Page 1112 and lands now or formerly of Joseph R. Schaeffer on the north, north 32 degrees, 35 minutes, 40 seconds east, 1,359.27 feet to a point on the westerly margin of the Adirondack Northway Interstate Route 502-2-3; thence along the westerly margin of Interstate Route 502-2-3 the following four courses: south 7 degrees, 46 minutes, 30 seconds west, 367.49 feet to a point; thence south 7 degrees, 57 minutes, 20 seconds west, 402.06 feet to a point; thence south 7 degrees, 13 minutes, 20 seconds west, 402.61 feet to a point; thence south 6 degrees, 41 minutes, 00 seconds west, 266.55 feet to a point; thence along the common division line between lands of Bush on the north and lands now of formerly or Frank Duel as described in Book 659 of Deeds at Page 349 and lands now or formerly of Gilbert C. Munroe as described in Book 730 of Deeds at Page 333 on the south, south 82 degrees, 20 minutes, 40 seconds west, 650.07 feet to a point; thence along the common division line between lands of Bush on the north and lands of said Munroe on the south, north 85 degrees, 39 minutes, 20 seconds west, 1,021.45 feet to a point or place of beginning, containing about 45.886 acres of land.
[2] 
The above-described parcel is shown on a map entitled "Survey of a Portion of Lands of Stewart & Teele Construction Co., Inc.," dated July 10, 1974, made by C.T. Male Associates, P.C.
E. 
All roads or streets shall be constructed pursuant to the specifications in effect for the construction of Town highways. A community water supply will be constructed to serve the planned development district and such shall be approved by the appropriate New York State agencies. Such state agencies shall also approve the sewerage disposal system or systems.
F. 
This amendment shall be deemed automatically revoked and void, and the previous regulations shall apply, if, within 12 months from the date of this amendment, commencement of the construction of the subdivision has not begun, or if after construction has begun unless substantial progress continues without undue interruption thereafter. For the purpose of this section, "substantial progress" shall mean the development of a minimum of five lots in each calendar year beginning January 1, 1975. Progress shall continue without interruption each year, with a minimum of five lots being developed during each year, except for proper cause shown the Town Board may grant one extension of time not to exceed six months.
G. 
If any provisions of this ordinance shall be held invalid the remainder of the ordinance shall not be affected thereby.
[Adopted 9-2-1986 by Ord. No. 7-1986]
A. 
This ordinance shall be known as "No. 5B of 1986," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 5B, Laskey Planned Development District, Town of Malta."
B. 
The Town of Malta, New York, Zoning Ordinance and Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from District R-1 as such is now zoned, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 5B, Laskey Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 11.358 acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) attached hereto and made a part hereof.
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The developer shall be authorized to construct buildings to house professional offices, and in no event to house any retail establishment or retail business of any kind. The builder is also authorized to construct single-family residences in the planned development district. The number of buildings, sizes, setbacks, specific uses and particular equipment required for fire protection, together with such other consideration as the Town Board of the Town of Malta may deem appropriate, will be determined by the Town Board of the Town of Malta at such time as the owner has submitted a specific proposal for the planned development district. No building permit will be issued in the planned development district without final approval of the Town Board of the Town of Malta as herein set forth, and approval of the site plan by the Town of Malta Planning Board as set forth in the Town of Malta Zoning Ordinance.
[Amended 5-3-1993]
E. 
Prior to the issuance of a building permit, the owner shall submit a site plan for approval by the Town Planning Board in accordance with Article VI of the Town Zoning Ordinance, and no building permit shall be issued without final approval of the site plan by the Town Planning Board.
F. 
Water will be supplied by an on-site well, or may be supplied by connection to an established public water system.
[Amended 5-3-1993]
G. 
The entire project shall be screened by appropriate plantings, which shall be adequate to screen from view of persons traveling on the nearby highways. The developer shall post a bond, a letter of credit or other appropriate financial guarantee in the amount of $10,000 for at least two years, to ensure performance of this requirement.
H. 
Parking for office buildings shall be at the rear of said buildings.
I. 
All truck traffic shall enter and leave East Line Road via Route 67.[2]
[2]
Editor's Note: Original Sections X and XI, which immediately followed this subsection, were deleted 5-3-1993.
J. 
The developer agrees to convey to the Town of Malta and/or to the Town of Ballston, upon request, any portion of the property owned by the developer along East Line Road, which might be needed, in the sole opinion of the Town Engineers and the Town Superintendent of Highways of the Town of Malta and/or the Town of Ballston, for improvement in or widening of East Line Road.
[Amended 5-3-1993]
K. 
The developer will not be allowed to obtain so-called "IDA financing" in the development and construction of this project.
[Amended 5-3-1993]
L. 
All buildings will be constructed in accordance with the New York State Building and Fire Codes and approved by a duly licensed engineer or architect. All construction shall be performed subject to the direction and control of a duly licensed engineer or architect, and when completed shall be certified as having been constructed in full compliance with the New York State Building Codes. All construction shall be subject to the inspections and approval of the Town Building Inspector.
M. 
All utilities shall be installed underground.
N. 
No outside storage of any products or equipment shall be permitted on the subject premises.
[Amended 5-3-1993]
O. 
This ordinance shall take effect 10 days after approval of the Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
P. 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
[Adopted 8-3-1976 by Ord. No. 3-1976]
A. 
This ordinance shall be known as "Ordinance No. 3 of 1976" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 6, Hearthwood Homes, Inc., Town of Malta."
B. 
The Town of Malta, New York Zoning, Ordinance and Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by the changing from District R1 a portion thereof, as hereinafter described, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 6, Hearthwood Homes, Inc."
C. 
The area of said Planned Development District No. 6, Hearthwood Homes, Inc., is bounded and described as follows:
(1) 
All that tract, piece or parcel, situate lying and being in the Town of Malta, County of Saratoga and State of New York, owned by Isabelle M. Roerig, containing approximately 70 acres and lying north of the Round Lake Armstrongs Corners Road and lying east of the continuation northerly of the west line of lands of Isabelle M. Roerig lying south of said highway as said west line continued northerly cuts through lands of Roerig and joins another portion of the westerly line of Roerig lands at the easterly property of line of lands of Benoit, but excepting and reserving to the grantors a parcel of land 900 feet along the northerly side of said highway and 400 feet in depth, which parcel is bounded on the west by a line drawn northerly from said highway parallel with, and 100 feet westerly of, the most westerly of said Isabelle M. Roerig the north side of said road. Further including a seven-acre parcel recently conveyed on the north of said highway measuring 450 plus or minus feet by 677.6 plus or minus feet and bounded on the east by the east line of lands of said Isabelle M. Roerig.
D. 
There shall be constructed within the above-described area single-family dwellings, duplexes and professional office space, all as set forth on the plan heretofore approved with modifications and placed on file by the Town Planning Board of the Town of Malta and, of said modifications recommended by the Town Planning Board, the following specifically are incorporated herein as set forth:
(1) 
The minimum lot size for duplexes shall be 26,000 square feet. Up to a maximum of 20 lots in the westerly portion of the proposed district may be developed as duplexes. The minimum lot size for single-family shall be 20,000 square feet.
(2) 
Rear line setbacks shall be 30 feet and side yard setbacks shall be 15 feet.
(3) 
All streets, shoulders and ditches shall be graded and shaped in accordance with the highway specifications of the Town of Malta in order that such may be accepted by the Town as Town highways.
(4) 
Plans submitted to the Town of Malta Planning Board for its recommendations and for final approval by the Town Board of Malta shall include a minimum of five units and may include the number of units determined by the applicant which shall be completed within one year of the date of approval of such plans.
(5) 
The appropriate written approval for water, sewer and drainage must be finalized and approved by the appropriate authorities and the Town Engineer prior to application for any final plot plan approvals.
(6) 
The central water system shall contain approved fire hydrants strategically located not more than 1,000 feet apart or 500 feet from the farthest dwelling by road. All components of the water system shall be service-rated for a working pressure of 150 pounds per square inch. All laterals shall contain isolation valves.
(7) 
The property may be developed in sections, and before any construction is started and any building permit is issued relating thereto, final plats, plans, and specifications of the specific sections shall be submitted to and approved by the Town Board of the Town of Malta with the advice of the Town Planning Board and the Town Engineer, and subsequently filed with the Town Clerk of the Town of Malta.
(8) 
Four single-family residences may be constructed within the area of the planned development district formerly set aside for recreational purposes, as shown on the annexed Exhibit A.[1] A park fee of $300 per residence will be paid by the developer to the Town of Malta prior to the issuance of building permits for any of the single-family residences to be constructed on the four lots. Water will be supplied by the Clifton Park Water Authority, and sewage disposal will be supplied by C.K. Sanitary Systems, Inc., and/or the Saratoga County Sewer District. Each of the four single-family dwellings authorized hereby shall have a minimum of 1,200 square feet of habitable space.
[Amended 12-7-1998]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
E. 
Prior to the construction of any professional building, the designation, plans and materials to be used in the construction thereof shall be approved by the Town Board of the Town of Malta with the advice of the Town Planning Board and the Town Engineer, and such approval filed in the Town Clerk's office and Saratoga County Clerk's office.
F. 
All roads or streets shall be constructed pursuant to specifications at that time in effect for the construction of Town highways. All sewerage systems and public water supply systems shall be provided by the developer from a source or sources approved by the New York State Department of Health, and any other appropriate New York State agency.
G. 
This amendment shall be deemed automatically revoked and void, and previous zoning of the district shall apply, if, within 18 months from the date of this amendment, commencement of the construction of the subdivision has not begun or, if after construction has begun, unless substantial progress continues without undue interruption thereafter. For the purpose of this section, "substantial" shall mean the development of a minimum of five lots in each year, except that for proper cause shown, the Town Board may grant extensions of time for a period of six months each.
H. 
Saving clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
I. 
(Note: This ordinance was amended by Ordinance No. 1 of 1995 as follows.)
[Added 2-6-1995 by Ord. No. 1-1995]
(1) 
This ordinance shall be known as "Ordinance No. 1 of 1995," and amends the Town of Malta, New York, Zoning Ordinance to amend a planned development district known as Planned Development District No. 6, Hearthwood Homes, Inc."
(2) 
The area of the planned development district consisting of approximately two acres in the Town of Malta, County of Saratoga, State of New York, situate on the north side of Round Lake Road approximately 425 to 667 feet west of Hearthwood Drive, currently zoned for professional office space, shall be rezoned. There shall be constructed within this area a thirty-two-unit senior citizens apartment complex, all as set forth on the plan dated December 12, 1994 and prepared by Robert C. Kurzon Architects, AIA, and placed on file with the Town Planning Board of the Town of Malta. The exact lot size and configuration of the site, including the number and location of parking spaces, shall be determined by the Malta Town Planning Board which shall retain final subdivision and site plan approval and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board in accordance with Article VII of the Town Zoning Ordinance. The only entrance to the complex shall be from Applewood Drive. The approximately architectural style shall be as set forth on the attached exhibit A.[2]
[2]
Editor's Note: Exhibit A is on file in the Town offices.
(3) 
The appropriate written approvals for water, sewer and drainage systems shall be obtained by the applicant at its expense, from the appropriate authorities, including the Town Engineer and Town Highway Superintendent, prior to the issuance of any building permit by the Town of Malta Building Inspector for any buildings to be constructed on the herein-described premises. The water service for said buildings shall be provided by Town of Malta Water Supply District No. 1 and Clifton Park Water Authority and sewer services shall be provided by Saratoga County Sewer District No. 1 and C.K. Sanitary Systems, Inc.
(4) 
All utilities including, but not limited to, gas, electric, telephone, etc., shall be serviced by underground pipes, wires and conduits.
(5) 
The Town of Malta Planning Board shall establish minimum landscaping requirements for the complex. To implement landscaping, a letter of credit or bond will be provided to the Town of Malta in an amount determined by the Town Engineer all prior to the issuance of any building permit.
(6) 
The developer shall minimize the removal of vegetation where practical, to be approved by the Town of Malta Planning Board.
(7) 
A soil conservation plan shall be submitted by the applicant prior to final approval by the Town of Malta Planning Board and said plan shall have approval of the Town of Malta Planning Board.
(8) 
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector and Town Engineers. All buildings shall be equipped with sprinklers in accordance with New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association.
(9) 
The developer shall provide an adequate and appropriate stormwater drainage system for the planned development district to allow for the drainage of the lands adjacent to the planned development district, which lands are westerly of said district, and such stormwater drainage plan shall be approved by the Town Engineer and the Town of Malta Planning Board.
(10) 
Prior to the issuance of any building permits, the developer shall deposit with the Town of Malta a sum to be determined by the Town Engineers, which amount will be this developer's share toward traffic control devices at the intersections of Round Lake Road and Raylinsky Road and Ruhle Road.
(11) 
The front yard setback for any and all permanent construction in this planned development district shall be determined at site plan review; side yard, 10 feet; and rear yard, 25 feet.
(12) 
The planned development district amendment area shall be for senior citizen residential use only.
(13) 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
(14) 
As amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.
(15) 
This ordinance shall take effect 10 days after the approval of the Town Board and posting and publishing in the official newspapers of the Town of Malta as required by law.
J. 
Construction of 10 townhouse units.
[Added 8-4-2003 by Ord. No. 2-2003]
(1) 
Ten townhouses shall be allowed in the southeast portion of the PDD along Round Lake Road, as depicted on the site plan, annexed hereto as Appendix A, and as set forth in the legal description annexed hereto as Appendix B.[3] There shall be established a homeowners' association consisting of the owners of these townhouses. The homeowners' association will be responsible for the upkeep and maintenance of the lands of the townhouse owners, including, but not limited to mowing, driveway blacktop and sealing, plowing, and shoveling of the sidewalks. The homeowners' association will also obtain and maintain liability insurance.
[3]
Editor's Note: Appendices A and B are on file in the Town offices.
(2) 
The construction of the townhouses shall be in conformance with the plans and paper model attached hereto as Appendix C.[4] All utilities will be located underground. There will be no outside storage of materials or items (including motorhomes, boats, and trailers). There will be no dumpsters. The maximum building height shall not exceed 35 feet.
[4]
Editor's Note: Appendix C is on file in the Town offices.
(3) 
Notice shall be given to any purchaser prior to the execution of a contract for the purchase and sale of a townhouse that construction of a deck or a screened-in porch or patio will not be permitted, nor will the garage be allowed to be converted into living space. This notice shall be deemed satisfied by the developer providing the prospective purchaser with a copy of this legislation, along with including this provision in the deed restrictions. Any privacy screening/fencing around the patio areas shall be restricted to the size and type depicted in Appendix D.[5] There shall be no outside sheds constructed.
[5]
Editor's Note: Appendix D is on file in the Town offices.
(4) 
Grinder pumps, if required, shall be in accessible locations outside the buildings. The owner of each townhouse will own the grinder pump associated with his/her unit and any service or maintenance of the grinder pumps will be the responsibility of the townhouse owner.
(5) 
Concrete sidewalks shall be located as depicted in Appendix A. The sidewalks shall be constructed pursuant to Town guidelines and shall be completed prior to the commencement of the construction of the fourth building (eighth unit).
(6) 
The developer shall be required to pay to the Town of Malta park fees of $300 per townhouse. This fee shall be due at the time the building permit.
(7) 
The final site plan and landscaping package shall be reviewed and approved by the Malta Town Planning Board.
(8) 
Cross-access easements shall be provided to adjacent property owners for the use of the driveways. Said easements shall be submitted for review and approval by the Town's attorney.
(9) 
In the event construction does not commence on any portion of the lands noted in the legal description in Appendix B within three years of its approval by the Malta Town Board, this legislation shall be deemed null and void, and the zoning of the lands described revert to its present zoning.
K. 
Construction of single-family home on certain lot.
(1) 
All other language in this section notwithstanding, a single-family home may be constructed on the lot located at the eastern corner of Round Lake Road and Cedarwood Drive on the strict conditions that:
(a) 
Prior to applying for a building permit or beginning construction of such single-family home, or any component thereof, the owner of said lot shall convey to the Town of Malta, for stormwater management purposes, a permanent easement to the pond located (in whole or in part) on the lot and the area surrounding the pond, in a form acceptable to the Town Engineer and the Town Attorney;
(b) 
Upon demand by the Town, a permanent easement of six feet in width providing for the installation of a sidewalk along Round Lake Road, together with a temporary easement providing for the construction of such sidewalk; and
(c) 
Driveway access to the parcel shall be from either Cedarwood Drive or Round Lake Road, but there shall not be access from both roadways.
(2) 
The easements described above shall be drafted by the owner and forwarded to the Town for its review, and upon approval filed with the Saratoga County Clerk, and proof of filing provided to the Town.
[Added 2-5-2007 by L.L. No. 3-2007; amended 4-5-2010 by L.L. No. 4-2010]
[Adopted 2-4-2013 by L.L. No. 2-2013; amended 5-4-2015 by L.L. No. 5-2015]
A. 
This section is named: Bishop's Square Planned Development District.
B. 
The Town of Malta Zoning Law and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by substituting the within section for Malta Town Code § 167A-8.
C. 
The area of said planned development district consists of 21.25 acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) attached hereto and made a part hereof.
[1]
Editor's Note: Said appendix is on file in the Town offices.
D. 
The planned development district will contain six single-family residences, one industrial office and shop building and two related buildings and up to nine buildings for retail, commercial and office uses, as defined in Subsection N, the erection of which is hereby authorized subject to the terms and conditions of this legislation. The buildings will cover not more than 3.226 acres of the site; the roads and other paved surfaces other than sidewalks in the proposed development district will cover not more than 6.452 acres of the site; and the remaining area of the site will be used for green space, to include open space, buffer strips, landscaped areas including sidewalks and an on-site stormwater management area all as generally shown on a map entitled "Bishop's Square Development District," prepared by Environmental Design Partnership dated June 17, 2016 (Appendix B, hereinafter referred to as "sketch plan"). The planned development district will be authorized to have parking for up to 246 cars. Shared parking and access shall be encouraged.
E. 
Location of buildings, sidewalks, etc.
(1) 
All development within the project shall substantially conform to the sketch plan June 17, 2016, annexed hereto (Appendix B[2]) and with the signage plan annexed hereto (Appendices C[3] and C-1[4]). The exact location of buildings, signs, green areas, pedestrian sidewalks and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. Except with respect to parking lots, it is the intention of this provision to provide the developer with flexibility for a mixture of residential, industrial and commercial, retail and business space.
[2]
Editor's Note: Said appendix is on file in the Town offices.
[3]
Editor's Note: Said appendix is on file in the Town offices.
[4]
Editor's Note: Said appendix is on file in the Town offices.
(2) 
There will be a sidewalk provided by the developer along the easterly side of Raylinsky Road from Evans Road to Round Lake Road and on the northerly boundary of the PDD extending along Round Lake Road. In addition, site plan applications to the Planning Board shall include sidewalks within the parcel to enhance pedestrian circulation on the interior and between buildings as they are constructed.
(3) 
In addition, sidewalks shall connect the various areas in the interior of the planned development district; the exact location of sidewalks will be determined by the Town Planning Board in the site plan process.
(4) 
There shall be no development within an eighty-foot green area, inclusive of Town property, located along the westerly boundary of the PDD measured from the center line of Raylinsky Road. There shall likewise be no development within an eighty-foot green area, inclusive of Town property, measured from the center line of Round Lake Road, from Raylinsky Road to the entrance to the PDD, along the northerly boundary of the PDD. These areas shall contain quality landscaping which will not impede visibility of the interior areas of the PDD, as determined by the Town of Malta Planning Board during site plan review process, which landscaping shall be in place prior to the issuance of any certificate of occupancy for any building on the site, except for planting of trees and shrubbery which may be planted at the appropriate season. There shall be an eighty-foot buffer area, measured from the center of Raylinsky Road, and extending along the western boundary of the PDD from the rear (northern) boundary of the residential lots to the former entrance to the PDD (as shown on the sketch plan - Appendix B) which shall be maintained in its present treed state (with the exception of the improvements required herein). All site plan applications proposing to improve or modify the eighty-foot buffer area shall include an existing conditions plan as well as a vegetative buffer plan. The latter shall seek to preserve mature trees within the buffer. There shall be a one-hundred-foot no-cut, no-build area located within the commercial, retail and business area, along the rear lot lines of the residential lots, as shown on the sketch plan (Appendix B). Upon the commencement of construction of the two southerly most buildings in the commercial, retail and business area, evergreen trees shall be planted at the northerly border of the one-hundred-foot no-clearing area to augment the visual buffer between the residential area and the commercial, retail and business area. When space is available, the evergreen buffer shall be located on the development land to reduce impact to the no-clearing area. At time of planting, the evergreen trees shall be a minimum of six feet in height and spaced appropriately to accommodate the width of the trees once mature, as determined by the Planning Board. The Town's preferred tree species include: balsam fir, frasier fir, white cedar (Arbor vitae), and white spruce. The buffer shall provide a continuous visual barrier from the ground plane to a height of 20 feet or greater at maturity. Plants shall not be limbed up and nothing shall be placed below or adjacent to them to impede growth. If any portion of the no-clearing area already provides an equal level of visual screening as the evergreen buffer would, the Planning Board need not require vegetative replacement in that portion of the no-clearing area. However, the Planning Board may require additional plantings in that portion to improve the visual barrier. The evergreen buffer shall be in conformance with the site plan for development south of the access road, including the parking lot and buildings as located on the approved site plan. Tree species substitutions may be considered by the Planning Board so long as they provide an equal level of screening protection, are not invasive species and are appropriate for site conditions. The developer shall replace the existing eight-foot-high opaque, stockade-type fence along the rear property lines of the lots in the residential area with an eight-foot-high opaque, vinyl fence in a neutral color.
(5) 
In the third development area, the following shall apply to use of individual storage facilities:
(a) 
No person shall store any flammable or combustible materials, explosives, contraband, live animals, goods which emit odor, hazardous and/or toxic waste or other pollutants, solvents, or corrosive materials. Inherently dangerous activity, including, but not limited to, welding, is strictly prohibited within storage units. Storage units shall not be used in any manner that will constitute waste, nuisance or unreasonable annoyance to neighbors. Storage units may not be used for habitation or for the conduct of any illegal or unlawful activity. There shall be no dumping, overnight outdoor parking or vehicles, outdoor storage or noise exceeding any Town Code limitation emanating from any storage unit or lands adjacent to any storage unit. The owner of the storage facility will maintain and enforce facility rules and regulations concerning the foregoing and shall be responsible for compliance with all limitations placed on the storage units.
(b) 
Operating hours will be limited to the hours of 5:00 a.m. to 10:00 p.m. Access to or use of the storage facility outside of these hours is strictly prohibited.
(c) 
The perimeter of the storage buildings will be secured by a locking gate with access controlled by the owner/operator of the storage facility as shown on the sketch plan. The owner will permit access to all areas of the property and buildings by appropriate Town Officials for inspection for compliance with building, fire and safety codes.
(6) 
There shall be no access to the PDD other than the entrances on Round Lake Road and Raylinsky Road, as shown on the sketch plan. All dumpsters located in the project will be buffered.
F. 
Building height; site plan; certificates of occupancy.
(1) 
The maximum building height of any building shall be 30 feet, and to the maximum extent practical, the Planning Board shall require the retention of large mature trees.
(2) 
The site plan for the development must be approved prior to the issuance of building permits for the buildings within the district. Site plans shall include, but shall not be limited to a stormwater management plan, for approval by the Town Planning Board in accordance with Article VI of the Town Zoning Law. No building permits shall be issued without final approval of the site plan and stormwater management plan by the Town Planning Board, provided that the Town Planning Board may, in its discretion, authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. The specific details concerning the work allowed pursuant to such permits and any bonds which may be required shall be established by the Planning Board during the site plan review process.
(3) 
In addition to the certificate of occupancy for an entire building, individual certificates of occupancy must be obtained from the Town of Malta Building Department prior to occupying any building or any portion of any building within the Bishop's Square Planned Development District, regardless of whether the tenant is one of the original tenants, or a successor, following approval of a site plan by the Town Planning Board in accordance with Article VI of the Town Zoning Law. The requirements of this provision will not require the inspection of any individual self storage unit due to a change in the unit's user/tenant.
G. 
All traffic control signs required for this project and all road markings associated with the project shall be completed by the developer prior to the issuance of any certificate of occupancy concerning this project, and shall conform to the requirements of the New York State Department of Transportation Manual of Uniform Traffic Control Devices. This shall not prevent the issuance of certificates of occupancy which are expressly conditioned upon completion of such infrastructure in accordance with policy or past practice.
H. 
Signs.
(1) 
Freestanding signs. Up to one freestanding sign is permitted at the Round Lake Road entrance to this planned development district. If constructed, such sign must substantially conform to "Sign 1," depicted on Appendix C.[5] Up to one freestanding sign is also permitted at the Raylinsky Road entrance to this Planned Development District. If constructed, this sign must substantially conform to "Sign 2" as depicted on Appendix C. Each sign may be two-sided. Signs constructed/installed following adoption of this provision are to be located no less than 15 feet from the bounds of any Town or County roadway and no less than 300 feet from the bounds of the Adirondack Northway.
[5]
Editor's Note: Said appendix is on file in the Town offices.
(2) 
Multi-tenant building signs. The facade signs for the multi-tenant building(s) shall not exceed 25 square feet of sign area per tenant per primary facade. However, where a tenant has control over more than one primary facade area, such as a tenant occupying a corner of a building, the tenant is permitted to have one sign on each primary facade, provided that neither sign may exceed 25 square feet and provided that no tenant may have more than two signs. In no event shall signs be extended above the peak or roof line of any structures in the PDD. No flashing, moving, oscillating or neon signs will be allowed in the PDD. Illuminated signs, whether lit by internal or external light sources, shall be permitted, however LED signs are prohibited as set forth in Town Code § 167-27(B)(10).
(3) 
Single-user building signs. Single-user buildings having a footprint of 10,000 square feet or less are permitted one primary facade sign per facade, up to a total of two. Each permitted sign may be no larger than 25 square feet. Single-user buildings having a footprint over 10,000 square feet are permitted to have one primary facade sign per facade, up to a total of two signs. Each permitted sign may be no larger than 50 square feet. In no event shall signs be extended above the peak or roof line of any structures in the PDD. No flashing, moving, oscillating or neon signs will be allowed in the PDD. Illuminated signs, whether lit by internal or external light sources, shall be permitted, however, LED signs are prohibited as set forth in Town Code § 167-27(B)(10).
(4) 
Identification signs. Identification signs may be used to identify rear doors and delivery areas relative to the buildings and tenants. Lettering shall be no larger than three inches in height.
(5) 
Directory signs. There shall be a directory sign located along the Access Road near the Round Lake Road entrance listing tenants within the PDD. If constructed, such sign must substantially conform to "Sign 3" depicted on Appendix C.
(6) 
Directional signs. Directional signs may also be installed within this PDD and the Planning Board shall have the authority during site plan review to determine the appropriate size, location and other particular aspects or features of such signs.
I. 
The building(s) in the commercial, retail and business area are authorized to have a maximum total area (meaning maximum total building footprint) of up to 78,500 square feet, and shall be constructed consistent with the requirements of site plan approval.
J. 
Water will be supplied by the Clifton Park Water Authority. Sanitary sewage will be provided throughout the site during development and permanent sewage disposal will be provided by connection to the county sewer system. The connection to the existing system will be provided by the developer at its expense. All sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1.
K. 
All buildings in the commercial, retail and business area will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved and stamped by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector and Town Engineers. All buildings will contain a fire alarm system having direct alarm connection to the appropriate fire company and/or fire control center. Each business location within the project shall have its own alarm system to separately indicate the location of a fire, and shall be equipped with a key/lock box system conforming to the standards for such systems adopted by the Round Lake Fire Department. Any enunciator panel will be audible and/or visable from outside the building. All buildings shall be equipped with sprinklers in accordance with New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association. Fire hydrants shall be installed in accordance with and provide sufficient fire flows to comply with appropriate standards and codes. Any building constructed over 28 feet from grade shall provide direct access to the roof. There shall be a maximum of 500 feet between fire hydrants, and a maximum of 500 feet between any building and a fire hydrant.
L. 
The Planning Board is specifically authorized to review site plan applications with easements for common parking and utilities. All utilities shall be installed underground. The site may not be subdivided without the approval of the Malta Planning Board; provided, however, that the residential lots as shown on the sketch plan may be subdivided and sold, subject to the conditions and provisions hereof. The District shall not be subject to setback requirements elsewhere provided in the Zoning Law.[6] The site may be developed, in whole or in part, by the use of ground leases.
[6]
Editor's Note: See Ch. 167, Zoning.
M. 
No outside storage of any products or equipment shall be permitted in the commercial, retail and business area, except for daytime outside display of merchandise and products for sale in the normal course of business.
N. 
The planned development district shall consist of three areas:
(1) 
The first area, designated as "industrial area" on the sketch plan, will contain the existing office building and shop, together with an existing wood storage building and an existing metal building presently on the site. The uses permitted within the industrial area shall be an office building, and a facility for the storage, maintenance, and repair of heavy equipment and materials of the owner or occupant of the facility and uses pertaining thereto. There will be no storage of explosives in this area.
(2) 
The second area, designated as "residential area" on the sketch plan (Appendix B), will contain six residential lots as shown thereon, said lots to be 150 feet deep and minimum frontage of 100 feet, and a minimum rear yard building line setback of 40 feet and minimum side yard building line setback of 15 feet. Only one one- or two-story single-family residence may be constructed on each of said lots, with a minimum square footage of 1,500 square feet of living space for a one-story home and 1,800 square feet for a two-story home. The deeds conveying these parcels shall contain a provision advising the purchaser that the parcel abuts the commercial, retail and business area to the rear of the lot.
(3) 
The third area, designated as commercial, retail and business area on the sketch plan, will contain no more than nine buildings, with the uses set forth hereafter. The uses permitted within the commercial, retail and business area shall be retail stores, supply stores, wholesale/retail stores; consumer goods repair facilities, storage and warehouse, building and construction specialties sales and services, health and fitness centers, pet store and pet care, light equipment and appliance rental, dry cleaner/laundry, funeral homes; personal services; convenience stores, including sale of fuel; restaurants; offices; professional offices; banks; and accessory uses, provided that amusement/video arcades, veterinarians and boarding of animals, and car washes shall not be permitted. Fast-food restaurants shall be permitted. "Fast-food restaurant," for purposes of this, shall mean a restaurant where food is served primarily at a pick-up counter or a drive-through window such as McDonald's, Burger King, Wendy's, Kentucky Fried Chicken, Taco Bell, Roy Rogers, etc. No more than two fast-food restaurants are permitted within this development district at any given time. In addition, fast-food restaurants are limited to the area of the District directly west of the access road and directly south of Round Lake Road as depicted on the sketch plan.
O. 
Performance guarantee.
(1) 
Bonds or letters of credit shall be posted in accordance with applicable Planning Board conditions of site plan approval and the Planning Board, in consultation with Town legal counsel and Town Engineers may establish the amount of such performance guarantees. Bonds or letters of credit may be required within this development district for purposes including, but not limited to, the following:
(a) 
Return of the site to its original condition after clearing and grading should this be deemed necessary by the Planning Board.
(b) 
The satisfactory completion and maintenance for one year after completion of landscaping on the project site.
(2) 
In the event that performance guarantees are required, the Planning Board shall determine the time at which they shall be filed/posted.
P. 
All roads, drainage easements and related rights-of-way shall be constructed and/or located in accordance with the site plan as approved by the Town Planning Board, and shall be approved by the Town Engineers. A single access road into the site shall be constructed from Round Lake Road and from Raylinsky Road and shall be substantially as set forth in the sketch plan. The access road to Round Lake Road shall have one lane for entrance and one lane for exit. The access road to Raylinsky Road shall have one lane for entrance and one lane for exit.
Q. 
The Malta 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 Appendix D.[7] At the time of the grant of municipal approvals, the applicant agrees to comply with all of the mitigating measures which are a part thereof, at no cost to the Town. No certificate of occupancy will be issued until the mitigating measures are completed.
[7]
Editor's Note: Said appendix is on file in the Town offices.
R. 
The applicant of the municipal approvals agrees neither to apply for nor to utilize any program which will allow the developer to obtain special real property tax, sales tax or mortgage tax benefits concerning the project. The developer agrees to notify the Town of its application to any I.D.A. or similar program.
S. 
Any conflict which may arise with respect to the interpretation of this section or its intent shall be resolved by the Town Code Enforcement Officer, with any appeal directed to the Zoning Board of Appeals.
T. 
If any clause, sentence, paragraph, section or part of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
U. 
All provisions of the Malta Town Code, including the Zoning Law,[8] not expressly superseded or modified by an inconsistent provision included in this section shall be in full force and effect and shall be enforceable by the Town.
[8]
Editor's Note: See Ch. 167, Zoning.
(NOTE: Planned Development District No. 7 (later changed to 7A) was created at a special meeting of the Malta Town Board on December 27, 1972. A motion was made and passed unanimously creating this planned development district. A copy of the ordinance can not be found, only the petition for planned development district notarized on November 21, 1972. The original ordinance has been amended several times. The following document is a compilation of all the amendments and the petition.)
A. 
The Zoning Ordinance of the Town of Malta was adopted on January 3, 1967, and the Zoning Map of the Town of Malta as annexed thereto in 1967 zoned the approximately 16.99 acres located at the southwest corner of Exit 13 of the Northway, Interstate 87, in the Town of Malta as R-2 (Residential) and C-1 (Commercial). On December 27, 1972, the Town Board of the Town of Malta by ordinance established a Planned Development District No. 7, such then being the property of Edward Shepherd and at such time authorized as additional permitted use within such Planned Development District No. 7 "an auto showroom, sales room, gas station, motel or hotel and a retail business establishment." By Town of Malta Ordinance No. 3 of 1978, effective May 20, 1978, the Town Board of the Town of Malta by amendment added to the permitted uses in such Planned Development District No. 7 "a light manufacturing facility for the reconditioning of automobiles." By Town of Malta Ordinance No. 1 of 1981, effective February 25, 1981, the Town Board of the Town of Malta by amendment provided that the uses permitted in such planned development district shall thereafter be "an auto showroom, salesroom, gas station, motel or hotel, retail business establishment, a light manufacturing facility for the reconditioning of automobiles, and a light industrial use involving the manufacture of surgical and medical instruments and apparatus with associated administrative offices, storage and warehousing." Pursuant to Ordinance No. 1 of 1981, the planned development district was thereafter to be identified as Planned Development District No. 7A and shall thereafter be known as "Northway Exit 13 Southwest Planned Development District No. 7A."
[Amended 4-18-1978 by Ord. No. 3A-1978; 2-25-1981 by Ord. No. 1-1981; 7-28-1983 by Ord. No. 3A-1983; 9-7-1993 by Ord. No. 10-1993; 10-17-2000]
B. 
Boundaries; PDD amendments.
[Amended 4-18-1978 by Ord. No. 3A-1978; 9-7-1993 by Ord. No. 10-1993; 11-3-1997 by Ord. No. 14-1997]
(1) 
The area of this Planned Development District 7, being the property of Edward Shepherd, is bounded and set forth as shown on Exhibit A,[1] attached hereto and made a part hereof.[2]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
[2]
Editor's Note: Certain property of the PDD was deleted 10-17-2000.
(2) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection B(2), regarding an amendment to the PDD pursuant to an application from the Disabled Citizens Development Corporation, was repealed 10-17-2000.
(3) 
The Town of Malta, New York, Zoning Ordinance and Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by adding to the area of the planned development district the property set forth on the site plan, Proposed Building Addition, Matthews Buses, Inc., 2904 Route 9, dated the 4th day of August 1997, and annexed hereto as Appendix A.[4]
[4]
Editor's Note: Appendix A is on file in the Town offices.
C. 
Permitted uses; addition.
(1) 
The uses which shall be permitted within boundaries of this planned development district shall be an auto showroom, salesroom, gas station, motel or hotel or retail business establishment and a light manufacturing facility for the reconditioning of automobiles, a light industrial use involving the manufacture of surgical and medical instruments and apparatus with associated administrative offices, storage and warehousing.
[Amended 4-18-1978 by Ord. No. 3A-1978; 2-25-1981 by Ord. No. 1-1981; 10-17-2000]
(2) 
In accordance with plans prepared by J.M. Weller Associates, Inc., dated July 1, 1981, with amendments and notations thereon and as signed and sealed by James M. Weller, PE 044902, the Building Inspector of the Town of Malta is hereby authorized to issue a building permit for a fourteen-by-twenty-five-foot addition on the easterly side of the existing building now leased by Universal Medical Instrument Corp., it being known that such addition when completed will be within 66 feet of the existing boundary of the planned development district.
[Added 9-23-1981 by Ord. No. 6-1981]
D. 
The Planned Development District No. 7 which was created on December 27, 1972, shall be identified as Planned Development District No. 7A and shall be known as "Northway Exit 13 Southwest Planned Development District No. 7A."
[Added 2-25-1981 by Ord. No. 1-1981]
E. 
Savings clause. If any provision of this ordinance shall be held invalid the remainder of the ordinance shall not be affected thereby.
F. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection F, regarding the application by the Disabled Citizens Development Corporation to amend PDD 7A, added 8-7-1993 by Ord. No. 10-1993, was repealed 10-17-2000.
G. 
The Town Planning Board, having received the referral for the application to amend Planned Development District No. 7A, did review the same and cause a public hearing for such purpose, made due referral to Saratoga County Planning Board, read and filed the report from Saratoga County Planning Board and thereafter sent its approval with recommendations to the Town Board.
[Added 8-7-1993 by Ord. No. 10-1993]
H. 
(Reserved)[6]
[6]
Editor's Note: Former Subsection H, regarding the conditions to amendments to PDD 7A, added 9-7-1993 by Ord. No. 10-1993, was repealed 10-17-2000.
I. 
Addition on existing building.
[Added 11-3-1997 by Ord. No. 14-1997]
(1) 
An addition of the existing building contained in said planned development district, owned by Matthews Buses, Inc., with said addition to contain no more than 5,000 square feet in area, is hereby approved, as forth on the annexed Appendix A.[7]
[7]
Editor's Note: Appendix A is on file in the Town offices.
(2) 
The location of said addition will be as set forth on the annexed Appendix A, and parking will be expanded as set forth on the annexed Appendix A. The building will have a maximum height of 30 feet.
(3) 
A buffer will be provided along the common boundary between the planned development district and the lands of the Malta Ridge Cemetery, as established during the site plan review process, with said buffer to contain at a minimum seven- to eight-foot trees as set forth on the annexed Appendix A.
(4) 
No buses will be allowed to be parked in the area set forth on the annexed Appendix A.
(5) 
Prior to the issuance of building permits within this district, the owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate section of the Town Zoning Ordinance, as modified and amended hereby. No building permits shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. Specific details concerning the work allowed pursuant to such permits, and bonds which may be required, shall be established by the Planning Board during the site plan review process.
(6) 
All buildings will be constructed in accordance with the New York State Building and Fire Codes. All blueprints and building specifications will be approved and stamped by a duly licensed engineer or architect. All construction will be subject to inspection, approval and certificates of occupancy by the Town Building Inspector and the Town Engineers.
(7) 
Prior to the issuance of building permits, the developer shall file performance bonds or letters of credit in amounts and for the time period required by and acceptance as to amount and form by the Town Engineers and the Town Attorney to guarantee such performance and/or completion of the requirements of the area under development as defined by the Town Engineers and Building Inspector, including but not limited to the following:
(a) 
The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.
(b) 
The satisfactory completion and maintenance for one year after completion of landscaping in the planned development district.
(8) 
All drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town Planning Board, and shall be approved by the Town Planning Board, and shall be approved by the Town Engineers.
(9) 
The Malta Town Board as lead agency for this project pursuant to the State Environmental Quality Review Act has adopted a negative declaration, a copy of which is annexed hereto and made a part hereof and designated Appendix B.[8] The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town.
[8]
Editor's Note: Appendix B is on file in the Town offices.
(10) 
Any violation of the provisions of this ordinance shall be deemed a violation of the Town of Malta Zoning Ordinance, and the provision hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
J. 
Extension of permitted use.
[Added 3-7-2011 by L.L. No. 2-2011]
(1) 
An additional vehicle storage lot is hereby permitted to be built on lands described as Tax Map Number 204.-3-29.2.
(2) 
Construction will be undertaken in accordance with a site plan approved by the Malta Planning Board.
(3) 
Owners of the above described land will maintain and preserve the existing vegetative buffers to the greatest extent practicable.
(4) 
Proposed lighting will be shielded from view to the greatest extent practicable to avoid interference with traffic on nearby roadways, including I-87. Proposed lighting will be triggered by a motion sensor and will not be continuously illuminated during any twenty-four-hour period.
[Adopted 8-3-1976 by Ord. No. 4-1976]
A. 
This ordinance shall be known as "Ordinance No. 4 of 1976" and such amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 8, Grand Prix Motel."
B. 
The Town of Malta, New York, Zoning Ordinance and Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by the changing from District R-1 a portion thereof, as hereinafter described, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 8, Grand Prix Motel."
C. 
The area of said Planned Development District No. 8, Grand Prix Motel, is bounded and described as follows:
(1) 
Beginning at a point set in the north line of Round Lake Road, said point of beginning being further the point of intersection formed by the aforesaid north line of Round Lake Road with the west line of the Adirondack Northway; thence proceeding in a northerly direction and along the aforesaid west line of the Adirondack Northway the following three courses and distances to a point: north twelve degrees fifty one minutes east (N.12 degrees 51'E.), two hundred forty seven point seventeen feet (247.17'); north twelve degrees fifty four minutes east (N.12 degrees 54'E.), three hundred twenty seven point nine feet (327.9'); north seven degrees thirty one minutes west (N.07 degrees 31'W.), eight hundred thirty one point five feet (831.5'); thence in a westerly direction and along the south line of the lands now or formerly of Roerig, south eighty two degrees nineteen minutes west (S.82 degrees 19'), four hundred ninety nine point fifty seven feet (499.57') to a point; thence in a southerly direction and along the east line of the lands now or formerly of Roerig, south nine degrees thirty one minutes east (S.09 degrees 32') one thousand two hundred fifty six point three feet (1,256.3') to a point; thence continuing in a southerly direction and along the east line of the Richard and Lawrence Roerig lot, south twenty nine degrees twenty minutes east (S. 29 degrees 20'), one hundred point zero feet (100.0') to a point; thence continuing in a southerly direction and continuing along the aforesaid east line of the Richard and Lawrence Roerig lot, south two degrees forty six minutes east (S.02 degrees 46'E.), seventy four point ninety one feet (74.91') to a point; thence in a westerly direction and along the south line of the aforesaid Richard and Lawrence Roerig lot, south sixth degrees forty minutes west (S. 60 degrees 40'W.), one hundred thirty six point five feet (136.5') to a point; thence in a southerly direction, south twenty nine degrees twenty minutes east (S.29 degrees 20'), thirty three point zero feet (33.0), to a point set in the aforesaid north line of Round Lake Road; thence in an easterly direction and along the aforesaid north line of Round Lake Road, north sixty degrees forty minutes east (N. 60 degrees 40'), three hundred sixty five zero feet (365.00') to a point set in the aforesaid west line of the Adirondack Northway, said point being the point of beginning; being a parcel of land irregular in shape and bounded on the south by Round Lake Road; on the east by the Adirondack Northway; on the north by the lands now or formerly of Roerig, and on the west by the lands now or formerly of Roerig and the Richard and Lawrence Roerig lot; containing in all 14 acres.
D. 
Development.
[Amended 9-5-1978]
(1) 
There shall be constructed within the above-described area a commercial development having therein a restaurant and motel units with supplementary truck parking areas, recreational areas and gasoline and diesel fueling areas, all as set forth on the plan heretofore approved and placed on file by the Town Planning Board of the Town of Malta.
(2) 
The property may be developed in sections, and before any construction is started and any building permit is issued relating thereto, final plats, plans and specifications of the specific section shall be submitted for the recommendation of the Town Planning Board and the Town Engineer and approved by the Town Board of the Town of Malta, and thereafter filed with the Town Clerk of the Town of Malta. In the submission of any plans for approval of the Town Board which includes a gasoline or diesel fueling area, the Town Board shall not give its approval of such until the developer shall have completed construction and shall have received a certificate of occupancy for a motel building or buildings having a minimum of 32 units.
(3) 
The Grand Prix Motel is approved to construct a one-hundred-twenty-eight-unit motel in accordance with plans approved by the Town Engineer and the Town Planning Board. The developer is directed to file with the Town Clerk of the Town of Malta final, approved plans for the one-hundred-twenty-eight-unit motel building. The Town Building Inspector is authorized and directed to issue a building permit for plans found to be in accordance with the State Building Construction Code and with the provisions of Ordinance No. 4 of 1976.
E. 
Prior to the construction of any building, the designation plans and materials to be used in the construction thereof shall be approved by the Town Planning Board and the Town Engineer of the Town of Malta, and such approval filed in the Town Clerk's office.
F. 
All sewerage disposal and water supply system shall be supplied by the developer from a source or sources approved by the State of New York Department of Health and any other state department agency having jurisdiction.
G. 
This amendment will be automatically revoked and void if within 12 months following the effective date of this ordinance the construction of Planned Development District No. 8 has not begun, or if after construction has begun unless substantial progress continues without undue interruption. In this connection the Town Board of the Town of Malta may, if construction has been delayed, extend for a reasonable period of time not to exceed 18 months the progress on the development of the district.
H. 
Saving clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
[Adopted by Ord. No. 4-1977]
A. 
This ordinance shall be known and may be cited as "Ordinance No. 4 of 1977 of the Town of Malta" amending the Zoning Ordinance of the Town of Malta as adopted January 3, 1967, and as last amended on the 1st day of June, 1976, providing for the creation of a Planned Development District No. 9 to be known as "The Luther Forest."
B. 
The Zoning Ordinance of the Town of Malta as adopted on January 3, 1967, and the Zoning Map of the Town of Malta set forth therein are made a part thereof are amended by changing from the existing R-2, residential, and R-1, agricultural or residential districts, as hereafter described and creating within the boundaries of said newly described area a planned development district to be known as "The Luther Forest."
C. 
The area of The Luther Forest consists of approximately 2,200 acres in the Town of Malta and is bounded and described as set forth in Appendix A (legal description) and Appendix B (sketch of zoning map)[1] attached hereto, and made a part hereof. The area is located in the easterly portion in the Town of Malta, as such is east of United States Route 9, south of United States Route 9P; such described premises are bordered on the east by the Town line, separating the Towns of Malta and Stillwater in Saratoga County, and such premises are generally north of existing Knapp Road in the Town of Malta.
[1]
Editor's Note: Appendix A and B are on file in the Town offices.
D. 
Development.
(1) 
The area will consist of no more than 1,750 housing units occupying approximately 462 acres. There will be approximately 1,450 acres of green or open space area. Provision is made for approximately 100 acres of land to be developed as a proposed industrial site; with approximately 15 to 20 acres to be developed for commercial and Town purposes; approximately 24 acres to be developed for community and institutional center purposes; approximately 19 to 30 acres to be developed for neighborhood center purposes; approximately 20 acres for an area for cemetery purposes and a sanitary landfill which shall meet all required approvals of approximately 24 acres; and within the green area a stable and paddock area of approximately 39 acres. The remaining land area will be occupied by roads, road rights-of-way and access paths.
(2) 
The sketch plan and the proposed uses are set forth in Appendix B, which is in the office of the Town Clerk of the Town of Malta. The sketch plan may be amended after a public hearing by the Town Board.
E. 
Water shall be supplied by a central water supply system and facilities to be developed by the developer. Sanitary sewer service for the project will be provided by either the Saratoga County Sewer District No. 1 or by a private transportation corporation to be incorporated by the developer. The developer may also submit to the Town Board for approval such other water and sewerage treatment facilities meeting state approvals. The developer shall be responsible for the installation of dry water and sewer lines in accordance with all Town specifications for material and workmanship.
F. 
All improvements shall be designed and constructed pursuant to plans and specifications approved by a duly licensed architect, land surveyor or professional engineer in strict compliance with the New York State Building Code. All construction and commercial development shall be performed subject to the direction and control of a duly licensed engineer and/or land surveyor and when completed shall be certified as having been constructed in full compliance with the New York State Building Code. Such plans and specifications shall be reviewed by the Town Planning Board, which will give its advice to the Town Board which shall approve or disapprove. Final approvals and plans shall be filed in the office of the Town Clerk. The architect, land surveyor or professional engineer performing the work herein described shall be employed by and at the sole expense of the developer. All construction upon completion shall be subject to the inspection and approval of the Town Building Inspector, Town Engineer and Town Highway Superintendent. All roads and streets to be constructed pursuant to this ordinance shall be constructed in accordance with the specifications in effect for the construction of highways of the Town of Malta.
G. 
No later than two years from the final approval and necessary permit issuance by all regulatory agencies having jurisdiction, the developer shall stage his development to provide that in no one year more than 200 residential units shall be built.
H. 
No fewer than 25% of all residential units to be constructed or more than 75% of all such units shall be of the single-family detached type; the balance of said permitted uses may be multiple-family or single-family attached. Within the above range of 25% to 75%, the final number of residential units of each type shall be determined by the Town Board during the site plan procedure as set forth in Subsection Q below.
I. 
The planned development district shall contain permitted uses and uses requiring special consideration as shown on the schedule of such set forth in Appendix B[2] of this ordinance.
[2]
Editor's Note: Appendix B is on file in the Town offices.
J. 
All roads, drainage easements and related rights-of-way shall be constructed by the developer and shall, in accordance with the Town Construction Code and SubDivision Regulations,[3] be offered without cost to the Town of Malta for public use. The developer shall be responsible for the cost of all traffic control devices including necessary traffic control lights as determined by the Town. The developer will provide at no cost to the County of Saratoga all necessary right-of-way for highway and drainage construction and reconstruction pertaining to County Highway No. 108. Any development along County Highway No. 108, a limited-access road, shall have a minimum eighty-foot setback from the County's right-of-way.
[3]
Editor's Note: See Ch. 89, Fire Prevention and Building Construction, and Ch. 143, Subdivision of Land.
K. 
The entire project with the exception of industrial facilities shall be served by the water supply facilities to be developed by the developer pursuant to the provisions of the Transportation Corporations Law for the operation of water supply facilities.
L. 
The developer agrees to donate without cost to the Saratoga Sewer District No. 1 all necessary pumping, station and pipeline easements for the public interceptor line through the described premises in Appendixes A and B[4] attached hereto.
[4]
Editor's Note: Appendixes A and B are on file in the Town offices.
M. 
Any site or sites for proposed schools shall be mutually agreed upon by the developer, the Town and the school district and conveyed without cost to the school district.
N. 
The developer agrees to deed without cost to the proper legal entity an agreed tract of land of adequate size within the district for a fire station at a site to be determined by the Town of Malta and the developer. The developer shall deed to the Town of Malta also without cost a site for a municipal office building of adequate size within the district as determined by the Town and the developer.
O. 
No building shall be constructed within the planned development district which shall exceed 30 feet in height. The recreational uses in the undeveloped areas as set forth by the developer in Appendix B shall be the responsibility of the developer or of a not-for-profit corporation.
P. 
The uses permitted in the planned development district by the developer are set forth in Appendix B.[5] The following site plan review procedure provided in Subsection Q shall be followed by the developer. No use shall be permitted except as approved by the Town Board as being in conformity with this ordinance.
[5]
Editor's Note: Appendix B is on file in the Town offices.
Q. 
Site plan review procedure.
(1) 
Preapplication conference. The purpose of the preapplication conference is to obtain information in writing from the developer and to permit the Town Board and the Planning Board to have a general outline of the proposal as evidenced by the developer schematically by sketch plans. Written comments shall be provided the developer following such conference including appropriate recommendations to inform and assist the developer in his preparation of the components of his preliminary and final development plan stages. The advice of the Environmental Board, the Planning Board and the Town officials shall be invited at the preapplication conference.
(2) 
The preliminary development plan. Such plan shall be submitted by the developer as his formal application which is to be reviewed in detail by the Town Planning Board and by the County Planning Board. The following requirements shall be met by the developer:
(a) 
A legal description of the total site included in the area proposed to be developed.
(b) 
A statement of the planning objectives to be achieved.
(c) 
Development of a schedule of staging within such module of staging.
(d) 
A statement of the developer's intention with regard to selling or leasing of the units within the district.
(e) 
Quantitative data for consideration, including the following:
[1] 
Total number and type of dwelling units or other proposed use.
[2] 
Each parcel size.
[3] 
Proposed lot coverage of buildings and structures.
[4] 
Approximate gross and net residential densities.
[5] 
Total amount of open space including a separate estimate of usable open space.
[6] 
Total amount of nonresidential construction.
(f) 
The developer shall submit with his preliminary development plan supporting maps showing:
[1] 
Existing site conditions, including contours at two-foot intervals.
[2] 
Proposed lot lines and plot designs.
[3] 
Location and floor area of proposed buildings and improvements which shall have a minimum of 800 square feet.
[4] 
Size of all existing and proposed building structures and other improvements.
[5] 
Location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open space, parks, recreational areas, school sites and similar public and semipublic uses.
[6] 
Existing and proposed circulation system of streets and highways including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, existing and proposed pedestrian circulation.
[7] 
Existing and proposed utility systems, including sewer, storm sewers, water, electric, gas and telephone lines.
[8] 
General landscape plans.
[9] 
Information on the land area adjacent to the area to be developed.
[10] 
Proposed treatment of the perimeter of the district including material and techniques used to screen fences and walls; additional information as required by the Town Board or the Planning Board necessary to evaluate the character and impact on the proposed area.
(3) 
Hearing. The Town Board shall conduct a public hearing on the preliminary development plan of the developer. The developer shall at such hearing be given the opportunity to present his proposal to the Town Board which will take into consideration the information presented by the developer, the recommendations of the Town Planning Board, the Saratoga County Planning Board and the viewpoints of the public which are expressed at the public hearing. The Town Board may approve the plan as presented, approve it subject to certain specified modifications or may disapprove the plan.
(4) 
Final development plan.
(a) 
The developer shall submit, following the public hearing, a final development plan. This plan shall be reviewed by the Town Planning Board and the Town Board for the purpose of determining that the final development plan does not vary substantially from a previously approved preliminary development plan. Such final development plan shall be deemed in substantial compliance with the preliminary development plan, provided that modification by the applicant does not involve change of one or more of the following:
[1] 
Violate any provision of this ordinance.
[2] 
Vary the lot area requirement by more than 10%.
[3] 
Involve a reduction of more than 2% of the area reserved for the common open space or usable open space.
[4] 
Increase the floor area proposed for nonresidential use by more than 10%.
[5] 
Increase the total ground area covered by buildings by more than 5%.
(b) 
If it is found by the Town Board that the final development plan is not in substantial compliance with the previously approved preliminary development plan, the developer must submit the revised plan to the Town Board for a public hearing for a review of such changes. Final approval may be granted by the Town Board or the Town Board may disapprove the application of the developer.
(5) 
The foregoing language notwithstanding, any site plan review to be conducted from January 5, 2004, forward shall be conducted exclusively by the Town of Malta Planning Board.
[Added 1-5-2004]
R. 
Lot No. 5 Pennyroyal Road in Loop 3 of Residential Subdivision No. 1 is hereby deemed by the Town Board of the Town of Malta to be in conformity with sideline or side yard requirements of the planned development district as such lot is set forth in a survey and map prepared by Charles T. Nacy, Licensed Surveyor, certified July 28, 1981.
[Added 10-6-1981 by Ord. No. 2-1981]
S. 
Approval of Residential Subdivision No. 7.
[Amended 9-3-1985]
(1) 
The Luther Forest Residential Subdivision No. 7 is approved by the Town Board of the Town of Malta upon the following considerations:
(a) 
That the final plans and specifications to be submitted by the developer be approved by the consulting engineer of the Town of Malta, James F. Hoffman, P.E., C.E., P.L.S.
(b) 
That all utilities will be located underground.
(c) 
That the units in question be serviced by the County's sewer system, and by the centralized water system located in The Luther Forest.
(d) 
All roads, drainage easements and related rights-of-way shall be constructed by the developer, and shall, in accordance with the Town Construction Code and Subdivision Regulations, be offered without cost to the Town of Malta for public use.
(e) 
A buffer zone will be maintained by the builder, as recommended by the Planning Board, in the area set forth in red on the annexed Schedule A.[6] The area within this buffer zone may not be developed, but may be managed, in order to properly maintain the natural vegetation contained therein.
[6]
Editor's Note: Schedule A is on file in the Town offices.
(f) 
That the road known as "Partridge Drum" be extended to connect to the road known as "Wineberry Lane," with said extension to run through the lots known as "604 to 605" in Luther Forest Residential Subdivision No. 4, and the lot designated as Lot 767 in Luther Forest Residential Subdivision No. 7.
(2) 
The Chairman of the Planning Board is authorized and directed to approve the necessary subdivision maps relative to Residential Subdivision No. 7, after approval is obtained by the developer of the necessary departments of the State of New York.
T. 
Said application and final development plan containing 42 single-family units as shown on the Northeast Land Survey & Land Development, P.C., maps entitled "Subdivision Plan Rose Spur Neighborhood Associations, Luthers Forest Planned Development District" as revised through March 8, 1994, is deemed to be in substantial compliance with the preliminary development plan and is hereby approved with the following conditions:
[Amended 4-4-1994]
(1) 
The restrictions currently applicable to the Ermine Lair Neighborhood Association, Inc., be applied to this subdivision, with a neighborhood association created to regulate and ensure compliance with these restrictions. No certificate of occupancy will be issued until said neighborhood association and restrictions are in place.
(2) 
The issues of Clough, Harbour & Associates, correspondence of March 15, 1994, be resolved.
(3) 
That all utilities be located underground.
(4) 
That the units in question be serviced by the Saratoga County Sewer System, and by the centralized water system located in The Luther Forest.
(5) 
That, in light of the parkland being dedicated to the Town, no park fee will be collected.
(6) 
That the applicant's fair share contribution to the recently completed improvements at the Route 9/Route 67 intersection is $13,500; and that this amount must be received by the Town prior to the issuance of any building permits in this subdivision.
(7) 
That the deed from the applicant to the 44.9 plus or minus acres of land to be dedicated to the Town as additional Town parkland be submitted by the applicant to the Town, together with appropriate filing fees and title insurance, and no building permit will be issued in said subdivision until this condition has been complied with.
(8) 
No certificate of occupancy will be issued in said subdivision until acceptable certification of final flow tests are filed with the Town Building Department.
U. 
This ordinance shall take effect 10 days after approval by the Town Board and posting and publishing in the official newspaper of the Town as required by law.
V. 
The Fox Wander West Neighborhood Association is permitted to a one-time exchange of 1.39 acres of land with Thomas Deveno, consistent with the proposal previously submitted to the Town of Malta, subject to the bylaws of the Association, and as previously authorized by the Association.
[Added 9-4-2007 by L.L. No. 16-2007]
[Adopted 8-1-1978 by Ord. No. 3-1978]
A. 
This ordinance shall be known and may be cited as "No. 3 of 1978" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 10, Petar Planned Development District, Town of Malta."
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area, as set forth below, from District R-1 a portion thereof, as hereinafter described, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 10, Petar Planned Development District."
C. 
Boundaries.
[Amended 10-6-1992 by Ord. No. 4-1992]
(1) 
The area of said Planned Development District No. 10, Petar Planned Development District, is bounded and described as follows:
All that certain parcel of land situated in the Town of Malta, County of Saratoga and State of New York, lying westerly of Van Aernem Road and being more particularly bounded and described as follows:
BEGINNING at a point in the westerly bounds of Van Aernem Road at its intersection with the northerly line of lands conveyed to Frank and Franka Petar in Book 945 of Deeds at Page 931; thence from said point of beginning along Van Aernem Road, southerly a distance of about 265 feet to a point in the south bounds of a proposed street; thence along said south bounds westerly a distance of about 363 feet to a point; thence southerly a distance of about 200 feet to a point; thence westerly a distance of about 410 feet to the southeast corner of lands conveyed to Frank and Franka Petar in Book 969 of Deeds at Page 73; thence along said bounds the following three courses:
1)
Westerly a distance of about 400 feet to a point;
2)
Northerly a distance of about 660 feet to a point;
3)
Westerly a distance of about 250 feet to a point in the center of an existing gas line easement; thence through lands of said Petar and along said gas line, northeasterly a distance of about 890 feet to a point in the northerly bounds of said Book 969 of Deeds at Page 73; thence along said bounds, easterly a distance of about 45 feet to a point and southerly a distance of about 824 feet to a point at the northeast corner of lands conveyed to Frank and Franka Petar in Book 945 of Deeds at Page 931 together with a portion of lands conveyed to said Petar in Book 910 of Deeds at Page 560 and in Book 892 of Deeds at Page 563.
(2) 
The area of said Planned Development District No. 10, Petar Planned Development District, shall also include the area set forth in a site plan or map designated "Scott Acres Phase Three," which is annexed hereto and made a part hereof. Also annexed hereto and made a part hereof is a map known as "Scott Acres Phase One and Two."[1]
[1]
Editor's Note: Said maps are on file in the Town offices.
D. 
Development.
[Amended 10-6-1992 by Ord. No. 4-1992]
(1) 
There shall be constructed within the above-described area up to 15 single-family dwellings all as set forth on the plan heretofore approved with modifications and placed on file by the Town Planning Board of the Town of Malta.
(2) 
There shall be constructed within the area described as set forth in the site plan or map designated "Scott Acres Phase Three" seven single-family detached dwellings, and in no event shall the square footage for a dwelling be less than 1,800 square feet of living space. The lot on said site plan or map of "Scott Acres Phase Three" designated as Lot 8 has a single-family detached dwelling already constructed thereon, which lot and the dwelling existing thereon are hereby approved.
E. 
Additional costs.
[Amended 10-6-1992 by Ord. No. 4-1992]
(1) 
As permitted by the Town Law, the applicant, in lieu of setting aside recreational lands, shall contribute a sum of money for recreational purposes equal to $200 per lot. Upon receiving the final plot plan approval, the applicant shall present to the Supervisor $200 per lot up to a maximum of $3,000.
(2) 
As to the area of said Planned Development District No. 10, Petar Planned Development District, as set forth in the site plan or map designated "Scott Acres Phase Three," the Town of Malta shall be paid the sum of $200 per lot, when building permits are issued for each lot, with said sums to be deposited to the Town's Recreational Fund.
F. 
The appropriate written approval for water, sewer, drainage or septic system shall be finalized and approved by the appropriate authorities and the Town Engineer prior to the application for any final plot plan approval.
G. 
Development in sections; lot size and configuration.
[Amended 10-6-1992 by Ord. No. 4-1992]
(1) 
Property may be developed in sections, and before any construction is started and any building permit is issued relating thereto, final plot plans and specifications of the specific section shall be submitted to and approved by the Town Board of Malta following the advice of the Town Planning Board and the Town Engineer and subsequently filed with the Town Clerk of the Town of Malta.
(2) 
The exact sizes and configurations of the lots in the area described as set forth in the site plan or map designated "Scott Acres Phase Three" of the planned development district shall be as determined by the Town of Malta Planning Board, which shall retain final site plan approval over this area. No building permits shall be issued without the final approval of the site plan by the Town of Malta Planning Board. Further submission and further approval by the Town Board of the Town of Malta shall not be required concerning the area described as set forth in the site plan or map designated "Scott Acres Phase Three." No building permits shall be issued until the receipt by the Town Clerk of the Town of Malta of a written authorization from the owner of Lot No. 8 on the site plan or map designated "Scott Acres Phase Three" indicating their permission to include said Lot 8 in Scott Acres Planned Development District.
H. 
Road construction; lot requirements.
[Amended 10-6-1992 by Ord. No. 4-1992]
(1) 
All roads or streets shall be constructed pursuant to the specifications in effect for the construction of Town highways. All building lots shall have a minimum of 40,000 square feet with a minimum frontage of 200 feet at the building line and with minimum front yard setback requirements of 50 feet.
(2) 
All building lots contained in the section of the planned development district described on the site plan or map of "Scott Acres Phase Three" will have a minimum of 40,000 square feet, with a minimum frontage of 100 feet at the building line and a minimum front yard setback of 50 feet; provided, however, that the setbacks from the front yard boundary line will be staggered, so that no two lots which are adjacent will have the same set back from the front yard boundary. All roads or streets located in the area of the planned development district described as set forth in the site plan or map designated "Scott Acres Phase Three" shall be constructed pursuant to the specifications in effect at the time of the adoption of this Ordinance No. 4 of 1992, provided, however, that the permitted width of said roads or streets shall be 26 feet instead of 30 feet.
I. 
Saving clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
[Adopted 11-6-1980 by Ord. No. 4-1980; amended in its entirety 6-7-2004 by Ord. No. 1-2004]
A. 
This ordinance shall be known as "No. 1 of 2004" and amends the Town of Malta Zoning Ordinance to provide for the amendment in its entirety of Planned Development District No. 10A, adopted November 6, 1980, by Ordinance No. 4-1980 and amended in its entirety on March 1, 1999, by Ordinance No. 1-1999, and hereby Planned Development No. 10A, Eckerd Drug Store Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta, as set forth therein, be and the same hereby are amended by changing the following described area as set forth below from the current Rite Aid Planned Development District No. 10A, as such is now zoned, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 10A, Eckerd Drug Store Planned Development District, Town of Malta."[1]
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
C. 
The area of the planned development district consists of 7.939 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A,[2] attached hereto and made a part hereof.
[2]
Editor's Note: Appendix A is on file in the Town offices.
D. 
Development areas.
(1) 
There shall be constructed one building in this PDD and associated parking to be located thereon, as depicted on Appendix A. No further building is authorized in this planned development district. The entire site, including, but not limited to the open space, buffer areas, landscaping areas, sidewalks, park area in the northeast corner, lighting and retaining walls shall be developed in conformance to the annexed Appendix A.
(2) 
The structure currently located on the premises, including, but not limited to the vacant strip mall on the westerly portion of the parcel shall be removed and the area regraded and landscaped within seven days of the issuance of a building permit for the project pursuant to Appendix A.
E. 
Development requirements and construction specifications; site plan; certificate of occupancy.
(1) 
The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix A.
(2) 
The developer shall provide five-foot concrete sidewalks along both Round Lake Road and Raylinsky Road as depicted on Appendix A.
(3) 
The dumpster shall be located as depicted on Appendix A, and shall be screened with a fence as depicted on Appendix A.
(4) 
There shall be a copper roof on the building and peaks as depicted on Appendix B.[3]
[3]
Editor's Note: Appendix B is on file in the Town offices.
(5) 
The building shall have brick siding, as depicted on Appendix B.
(6) 
Water will be supplied by the Clifton Park Water Authority. The developer shall comply with all state and federal requirements for the extension of the water service. Fire hydrants shall be installed by the developer pursuant to the Building Code. The drugstore building will be equipped with a sprinkler automatic communication systems. There shall also be installed a knox box system.
(7) 
Sanitary sewers will be provided throughout the site by connection to the Saratoga County Sewer District No. 1. The developer, at its expense, will provide the connection to the existing sewer system. All sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 all completed off-site sewer facilities at no cost to the Saratoga County Sewer District No. 1. The sewer district shall determine what portion of these facilities are appropriate for public ownership.
(8) 
The stormwater management plan shall be constructed in compliance with the plans attached hereto as Appendix C.[4]
[4]
Editor's Note: Appendix C is on file in the Town offices.
(9) 
All federal and state-designated wetlands shall be flagged and delineated and shall be shown pursuant to the plan attached hereto as Appendix D.[5] The developer shall be required to comply with all wetland determinations and mitigation measures as prescribed by the state and/or federal authorities.
[5]
Editor's Note: Appendix D is on file in the Town offices.
(10) 
Setbacks shall be set pursuant to Appendix A.
(11) 
Landscaping shall be completed in conformance with the landscaping package attached hereto as Appendix E.[6]
[6]
Editor's Note: Appendix E is on file in the Town offices.
(12) 
There shall be no construction on Sundays.
(13) 
All on-site utilities shall be underground. Should a ground-mounted transformer be required, it shall not be set within the front yard setbacks along Raylinsky Road or Round Lake Road.
(14) 
The parking lot lighting shall be high-pressure sodium, down lit with no more than one average footcandle power. Recessed lighting shall be provided in the drive-through. There shall be no wall packs. See Appendix F.[7]
[7]
Editor's Note: Appendix F is on file in the Town offices.
(15) 
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan for approval by the Town Planning Board in accordance with Article VII of the Town Zoning Ordinance and Chapter 143. No building permits shall be issued without final approval of the site plan by the Town Planning Board. Said site plan shall be in conformance with the proposed design attached hereto as Appendix A. The square footage of the building shall not exceed 14,690 square feet and shall not be higher than 30 feet to the eave and a maximum height of 36 feet, including mechanicals. All other design standards shall comply with the Code of the Town of Malta. The materials used shall be those set forth in Appendix B.
(16) 
There shall be located on the drugstore building the designated 911 emergency address number, which shall be clearly visible from the road, in contrasting color, at least six inches in height, prior to the issuance of a certificate of occupancy. In addition, the developer shall provide the Town with an as-built foundation location survey with its application for a certificate of occupancy.
F. 
Signs.
(1) 
There shall be located on three sides of the building a channel-lettered sign with lettering up to 28 inches high, as depicted in Appendix G.[8] These three signs shall be externally lit. The landscaping surrounding said signs shall be in conformance with the landscaping package set forth in Appendix E.
[8]
Editor's Note: Appendix G is on file in the Town offices.
(2) 
The maximum height of said channel-lettered signs shall be 28 inches high. Directional signs shall be no larger than three feet by three feet.
(3) 
All traffic control devices, roadway signs, and all road markings associated with this development shall be completed by the developer prior to the issuance of any certificate of occupancy and, where applicable, shall be in conformance with the requirements of the State of New York.
G. 
Building Code. All buildings will be constructed in accordance with the current International Building and Fire Codes, New York State Edition. All blueprints and building specifications shall be approved and stamped by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Code Enforcement Officer or Town Engineers.
H. 
Storage. No outside storage of any products or equipment shall be permitted on the subject premises after final construction is completed.
I. 
Uses. Retail drugstore with a two-lane drive-through window as depicted on Appendix A.
J. 
Performance bonds or letters of credit.
(1) 
The developer shall file the original bonds or letters 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 Engineers and Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district ordinance prior to issuance of a certificate of occupancy, including but not limited to the following:
(a) 
The satisfactory completion and maintenance for one year after completion of landscaping on the project site; and/or
(b) 
Satisfactory completion of the stormwater management system and required infrastructure items.
K. 
SEQRA. The Malta 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 Appendix H.[9] The developer agrees to comply with all of the mitigating measures which are a part thereof, at no cost to the Town. No certificate of occupancy will be issued until the mitigating measures are complete.
[9]
Editor's Note: Appendix H is on file in the Town offices.
L. 
Effective date. This Planned Development District shall take effect 10 days after approval of the Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
M. 
Sunset provision. In the event construction does not commence on any lands in this development within three years of its approval by the Malta Town Board, this legislation shall be deemed null and void, and the zoning of these lands shall revert to their current zoning.
N. 
(Reserved)
O. 
(Reserved)
P. 
Open space/park fees. To continue to provide for the availability of open space and parklands within the Town of Malta available to the employees and customers of this development, the developer shall be required to pay a fee for parklands in the amount of $0.75 per square foot of building. Said fee shall be calculated and shall be paid upon application for a building permit.
Q. 
Severability clause. If any provisions of this ordinance shall be held invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
[Adopted 9-7-1982 by Ord. No. 2-1982]
A. 
This ordinance shall be known as "No. 2 of 1982," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 11, Tanski Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from District R1 and LC as such is now zoned, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 11, Tanski Planned Development District, Town of Malta."
C. 
The area of said "Planned Development District No. 11, Tanski Planned Development District, Town of Malta, is bounded and described as follows:
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and improvements thereon erected, situate, lying and being in the Town of Malta, Saratoga County and State of New York, bounded and described as follows, to wit: Being parts of Lots No. One and Two of the subdivision of Lot No. Nine in the fifth allotment of the Patent of Kayderosseras and is bounded as follows:
BEGINNING at the northeast corner of Lot No. One of said subdivision thence running east along the north bounds of said Lot No. Nine twenty-eight chains and thirty-four links to a stake and stones, thence south along the west bounds of land in possession of Erastus McKinney forty-seven chains and fifty links to a stake and stones standing in the north bounds of Lot No. Eight of said allotment, thence west along the same to the middle of the creek called the outlet of the Ballston or Long Lake, thence up said creek, and northerly along the east bounds of lands in possession of Timothy Riggs and James Clark to the place of beginning.
EXCEPTING AND RESERVING from the above-described parcel the premises previously conveyed by Mary C. Allen and Everett W. Allen, her husband, to Ella VanVranken, by Warranty Deed dated September 23, 1885, and recorded in the Saratoga County Clerk's office on September 23, 1885, in Book 170 of Deeds at page 441; the premises previously conveyed by James Anderson to Hudson Valley Railway Company by Warranty Deed dated November 21, 1901, and recorded in the Saratoga County Clerk's office on November 22, 1901, in Book 233 of Deeds at page 394; the premises previously conveyed by James Anderson and Blanche H. Anderson to George W. Young and Ella J. Young, as husband and wife, by Warranty Deed acknowledged July 4, 1921, and recorded in the Saratoga County Clerk's office on July 9, 1921, in Book 314 of Deeds at page 269. Containing about 38 plus or minus acres. Being the same premises conveyed by Edgar J. Bitz and Charles I. Miller to Eric R. Tanski and Eva M. Tanski, his wife, by deed dated December 23, 1981, and recorded in the Saratoga County Clerk's office on January 6, 1982, in Book 1026 of Deeds at page 399.
D. 
There shall be constructed on the most northerly two lots a second four-family unit which were previously zoned R-1. One four-family unit is presently under construction pursuant to a prior variance granted and has a frontage of 498.75 feet and an area of approximately 2.008 plus or minus acres. The next lot shall have a frontage of 308.37 feet and an area of approximately 3.241 plus or minus acres. These two lots shall have a common driveway serving both the four-family units entering Ruhle Road.
E. 
There shall be constructed eight single-family homes on eight ndividual lots on approximately 33 acres of the above-described tract of land formerly zoned LC. These eight lots shall be as follows: there shall be three lots with a minimum of 200 feet of frontage on Ruhle Road and with an area of approximately three acres; there shall be one lot with approximately four acres; there shall be two lots with frontage of approximately 300 feet on Ruhle Road and an area of approximately four acres; there shall be one lot with frontage of approximately 400 feet on Ruhle Road and an area of approximately five acres; and there shall be one lot with a frontage of approximately 300 feet on Ruhle Road and an area of approximately six acres. The actual size of these lots shall be finally determined by an accurate survey of the above-described premises and shall be substantially similar to the sketch submitted with the application of Eric R. Tanski and Eva M. Tanski. When an accurate survey is completed of the above-described premises, a final plot plan shall be prepared and submitted to the Town Planning Board of the Town of Malta for its approval, and such shall thereafter be placed on file with the Town Clerk of the Town of Malta and County Clerk of the County of Saratoga.
F. 
The appropriate written approval for each of the sanitary septic systems shall be obtained from the New York State Department of Health prior to the issuance of any building permit and certificate of occupancy by the Town of Malta Zoning Inspector for any buildings to be constructed on the above-described premises.
G. 
There shall be a minimum setback of 70 feet for all dwellings to be constructed on the above-described parcel.
H. 
There shall be a turnaround provided for all driveways into all dwellings constructed on the above-described premises. Such turnaround shall be constructed prior to any certificate of occupancy being issued.
I. 
As permitted by the Town Law, the developers, Eric R. Tanski and Eva M. Tanski, shall contribute a sum of money to the Town of Malta for recreational purposes equal to $300 per lot. Upon receiving final plot plan approval, the Developers shall pay to the Town Supervisor $300 per lot up to a maximum of $3,000.
J. 
Savings clause. If any provision of this ordinance shall be invalid, the remainder of the ordinance shall not be affected thereby.
[Adopted 9-7-1983 by Ord. No. 4-1983]
A. 
The ordinance of the Town of Malta adopted August 23, 1973 which was entitled "Town of Malta, an Ordinance Amending the Zoning Law of the Town of Malta, adopted January 3, 1967, which amended the Zoning Ordinance and Map in order to create and define the boundaries of a commercial planned development district which is known as Malta Gardens" in accordance with a site plan prepared by Dominick J. Massimilian, a licensed professional engineer No. 28536, entitled "Location Plan of Proposed Malta Garden Apartments, Town of Malta, County of Saratoga, State of New York" is hereby repealed.
B. 
This ordinance shall be known and may be cited as "Ordinance No. 4 of 1983 of the Town of Malta" amending the Zoning Ordinance of the Town of Malta adopted January 3, 1967, and providing for the creation of a Planned Development District No. 13 to be known as "Malta Gardens."
C. 
The Zoning Ordinance of the Town of Malta as adopted on January 3, 1967, of the Town of Malta as set forth therein and made part thereof are amended by changing the existing zoning and by creating within the boundaries of said newly described area a planned development district to be known as "Malta Gardens."
D. 
The area of Malta Gardens consists of approximately 126 acres of land in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) which is attached hereto and made a part hereof. Malta Gardens is located approximately 4,000 feet south of the New York 67 and is bordered on the east by United States Route 9, on the south by lands of Donald C. Greene, on the west by Interstate 87 "The Northway," and on the north by lands of Herman and Wanda Fischer.
[1]
Editor's Note: Appendix A is on file in the Town offices.
E. 
Malta Gardens will be developed to include 170 mobile home lots upon which will be placed mobile home units; 48 apartments; commercial development including offices and light manufacturing; and recreational and open space areas. In addition to the buildings which are presently located within the parcel described in Appendix A, initial approval is given for the development of 85 mobile home lots and 48 apartment units. Upon adoption of this ordinance, the developer may apply for building permits subject to site plan review by the Town Planning Board for the construction of the restaurant, general store, coffee shop, mobile home sales area and laundromat within this planned development district as approved by the Town of Malta Planning Board. Provision is made for approximately 32 acres of green or open space which will include approximately 22 acres of such for active and passive recreation. Five percent of Stage One shall be developed for recreational uses. A conceptual sketch of the site development plan was prepared by the environmental design partnership and is attached hereto as Appendix B, and such plan shall remain on file in the office of the Town Clerk of the Town of Malta.
F. 
A water supply system and facilities are to be developed by the developer, with the approval of the responsible New York State departments. Sanitary sewer service for the planned development district will be provided by the Saratoga County Sewer District No. 1. The developer shall be responsible for the installation of all water and sewer lines in accordance with state, County and Town specifications for materials and workmanship. All new units shall be connected with the Saratoga County Sewer District No. 1. Fire hydrants shall be installed without cost to the Town within the planned development district. Said hydrants shall be on the six-inch main loop and at a distance not to exceed 1,000 feet from each hydrant. The hydrants will be shown on the site plan map to be submitted to the Planning Board. All hydrants shall be in accordance with the New York State Fire Code.
G. 
All improvements shall be designed and constructed pursuant to plans and specifications approved by a duly licensed architect or a professional engineer in strict compliance with the New York State Building Code. All construction and commercial development shall be performed subject to the direction and control of a duly licensed engineer and when completed shall be certified as having been constructed in full compliance with the New York State Building Code. Such plans and specifications shall be revised by the Town Planning Board which will give its advice to the Town Board on the developer's plans for the construction in the twenty-acre commercial, offices and light manufacturing zone. Final approvals and plans shall be filed in the office of the Town Clerk. The architect performing the work herein described shall be employed by and at the sole expense of the developer. All construction shall be performed by the developer and upon completion shall be subject to the inspection and approval of the Town Building Inspector. All roads and streets within the planned development district other than that portion of Taddeo Road, which is an existing Town road, shall be constructed by the developer and shall remain private highways.
H. 
The initial 85 authorized mobile homes will range in size from a minimum of 7,500 square feet to a maximum of 15,000 square feet in area. The mobile home lots shall average 9,000 square feet.
I. 
Construction approval; additional requirements.
(1) 
The developer is herewith approved to construct 85 mobile home lots in accordance with the plans which are attached hereto as Appendix B.[2] Following the completion of the initial 85 mobile home lots, the Town Board will authorize the developer to construct an additional 85 mobile home lots, provided that the developer meets the requirements set forth below in this section. In making application for the additional 85 mobile home lots, such stage constituting Stage 2 of the developer's plan for the planned development district, the developer shall submit in writing an application to the Town Board of the Town of Malta. The following requirements shall be met by the developer as follows:
(a) 
A statement of the objectives to be achieved.
(b) 
Submission of information showing a schedule of staging for the additional mobile home lots; a supporting map showing the existing site conditions including contours, proposed lot lines and plot design; site of all existing and proposed buildings, structures and other improvements; location and size, in acres or square feet, of all areas reserved for parks, recreation and similar uses; existing and proposed circulation system of roads including off-street parking areas, service areas and loading areas; and general landscaping plans.
(c) 
Submission of information of existing and proposed utility systems, including sewers, storm sewers, water, electric and telephone lines.
(d) 
Submission of information of the effect of Stage One of the development with particular reference to school taxes and such additional information as may be required by the Town Board of the Town of Malta in order to evaluate the character and impact of the proposed second stage of development.
[2]
Editor's Note: Appendix B is on file in the Town offices.
(2) 
The Town Board shall also, prior to taking action on the proposed second stage of development, conduct a public hearing on the developer's plans. At the hearing, the developer may be represented and shall be given a full opportunity to present his proposal to the Town Board. The Town Board may approve or disapprove the plan as presented, or approve it subject to certain agreed-upon modification.
J. 
After completion of all authorized mobile home lots, the developer may petition for additional uses permitted within the planned development district.
K. 
This ordinance shall take effect 10 days after approval by the Town Board and posting and publishing in the official newspaper of the Town as required by law.
L. 
The plans and specifications concerning the proposed construction and commercial development as herein set forth are approved subject to the following contingencies:
[Added 10-7-1986]
(1) 
That a letter of credit or bond be given to the Town of Malta, in an amount which is acceptable to Clough, Harbour & Associates, the Town Engineers, to ensure that the landscaping as proposed in said plans and specifications is properly done and maintained.
(2) 
That the applicant receive approval from the New York State Department of Transportation for the proposed driveway openings on Route 9.
(3) 
That any signs placed on the subject premises conform to the Town's Zoning Ordinance and be uniform in design within the planned development district.
(4) 
That the lighting scheme on the subject premises be submitted to Clough, Harbour & Associates, the Town Engineers, and be approved by them.
(5) 
That no merchandise be displayed in the green area adjacent to Route 9 and in front of the subject premises, or in the parking lot area, which comprises the area of approximately 100 feet from the shoulder of the road to the building on the subject premises.
(6) 
That the subject premises may be used for all purposes presently allowed in the C-2 Commercial District (Commercial Business) zoning district in the Town of Malta; and for the following uses by existing tenants who occupy Lot 1 of the Planned Development District: pizza parlor, hair stylist, driver training center, copy and shipping center, a U-Haul-type rental business drop-off, training center, tax service business and mobile home sales. The location of the drop-off parking and mobile home sales shall be as depicted on the attached map which is incorporated by reference and made a part hereto. All new mobile home sales businesses are subject to site plan review by the Malta Town Planning Board. There shall be no more that 27,980 square feet of mobile homes for sale on the site. The setback for the mobile home sales shall be 120 feet.
[Amended 1-2-2002 by L.L. No. 2-2002]
(7) 
That the Saratoga County Planning Board approve the plans and specifications submitted.
M. 
Repealer; approval of additional construction.
[Added 5-3-1988]
(1) 
Resolution No. 309A, cast by the Town Board of the Town of Malta on July 7, 1987, be and the same hereby is rescinded, and declared null and void.
(2) 
The developer is hereby authorized to construct a total of 115 additional mobile home lots, which are hereby approved, and a total of 40 additional apartment units, to be located in five buildings, each of which will contain eight units, all as set forth in a revised conceptual site plan, phase 2, Malta Gardens, prepared by the environmental design partnership, and dated the third day of May, 1988, which is made a part hereof by reference; provided, however, that this legislation shall control over any inconsistencies between said site plan and this legislation, subject to the following conditions:
(a) 
No building permits will be issued until such time as the developer has complied with all of the requirements of site plan review as set forth in Article VI of the Zoning Ordinance of the Town of Malta.
(b) 
All applicable requirements of the original legislation will be applicable to the construction of said additional 115 mobile home lots and 40 apartment units.
(c) 
Directories will be placed at both entrances to the park, which will set forth a map of the whole park area, designating street names and location.
(d) 
Each mobile home unit will be clearly labeled with letters or numbers a minimum of six inches high of contrasting color to the mobile home units, to assure identification of the individual units.
(e) 
Roads will be of sufficient width, and/or parking will be restricted, so that emergency vehicles may easily negotiate the roads.
(f) 
All streets or roads within the planned development district will be clearly labeled with letters or numbers a minimum of three inches high on a sign of reflective material.
(g) 
No construction of any kind will take place within 300 feet of the pavement of the Adirondack Northway.
(h) 
No building permit will be issued until such time as the developer has completed construction of the tennis courts, baseball diamond and other facilities located in the area designated on the conceptual site plan as "Park Area 4.75 Acres."
(i) 
No building permits will be issued until such time as the developer has completed the proposed stockade fence as shown on the conceptual site plan[3] herein at the southeast corner of this project.
[3]
Editor's Note: The conceptual site plan is on file in the Town offices.
(j) 
The developer will construct a right-hand-turn lane on Knabner Road, as shown on the conceptual site plan herein. this turn lane will be designed and constructed with the approval of the Town of Malta Engineers.
(k) 
During the site plan review process, the Town of Malta Planning Board will require the placing of a vegetation buffer along the northerly border of the area designated on the conceptual site plan as "Park Area 4.75 Acres."
(l) 
The property immediately to the west of the proposed stockade fence as set forth on the conceptual site plan herein shall remain a passive recreational area, where no physical recreational improvements will be made.
(m) 
All utilities to and within the subject premises shall be installed underground.
(n) 
All buildings shall be constructed in accordance with New York State Building and Fire Codes and approved by a duly licensed engineer or architect. All construction shall be performed subject to the direction of a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Engineer and the Town Zoning Enforcement Officer.
(o) 
Water service will be provided by a private water company controlled by the developer hereof. Sewer service will be provided by the Saratoga County Sewer District.
(p) 
Upon completion of the construction as set forth in this ordinance, the developer will have fully complied with the requirements of the original legislation herein concerning green or open space and active and passive recreation.
N. 
Said application for development in the Malta Gardens twenty-acre commercial parcel known as the "SKS Building," and said application for development in the Malta Gardens twenty-acre commercial parcel known as the "Empire Soils Headquarters" be approved by the Town Board of the Town of Malta upon the following conditions:
[Added 10-25-1989]
(1) 
That all utilities be located underground.
(2) 
That access to the subject parcels be from Knabner road, and not from Unites States Route 9.
(3) 
That the Town Planning Board of the Town of Malta review the final plans and specifications, and approve or disapprove them as submitted or with modifications.
(4) 
No building permit shall be issued until a landscaping bond, in an amount acceptable to the Town Engineers, is posted with the Town.
(5) 
No building permit shall be issued until written approval is presented to the Town Building Inspector from the appropriate Fire Department indicating that the provisions which have been made for fire protection in the building in question are acceptable.
O. 
The Round Lake Hose Company is hereby authorized to construct a substation on approximately 0.75 acres of land located in planned development district No. 13, Malta Gardens, which 0.75 acres of land is located to the west of lands now or formerly of Charles and Catherine Freemire, and shown on a map designated "Proposed Fire Station, Round Lake Hose Co. No. 1, Town of Malta, New York," dated September 17, 1991, as revised on October 30, 1991, prepared by the environmental design partnership, which substation shall consist of a building of not more than 2,500 square feet, subject to the following conditions:
[Added 11-7-1991]
(1) 
No building permit will be issued until such time as the Round Lake Hose Company has complied with all of the requirements of site plan review as set forth in the Zoning Ordinance of the Town of Malta.
(2) 
Water to the building will be supplied by a private water company controlled by DCG Development Co. Sewer service will be provided by a system owned partially by DCG Development Co., and partially by the Saratoga County Sewer District.
(3) 
All utilities to and within the subject premises shall be installed underground.
(4) 
A fence will be placed on the east, south and west sides of the premises, with the type and exact location of the fence to be determined during site plan review process.
(5) 
No siren will be located on the proposed premises.
(6) 
The reference to "possible future building expansion (1,000 square feet)" on the hereinabove-mentioned map will in no way be interpreted to be an approval of any expansion of the maximum two-thousand-five-hundred-square-foot building approved hereby. Any further development on the premises will require an additional amendment to the planned development district.
P. 
Construction of an addition of 50 feet by 100 feet on the northern side of the existing building currently located on the northern corner of Route 9 and Knabner Road is approved as depicted on the attached Appendix P and incorporated by reference herein. The addition shall be constructed in conformance with Appendix P.[4] This addition shall utilize an internal access point. This site plan reflects the side yard setback variance granted by the Town of Malta Zoning Board of Appeals. There shall be a knox box installed for fire emergency access. The exterior colors used shall be earth tones. There shall be no cutting of the trees beyond 10 feet from the footprint of the building. There shall be restoration of any disturbed areas within 10 feet from the property line to insure the current buffer. There shall be a five-foot concrete sidewalk installed along Route 9 and constructed pursuant to the Town of Malta sidewalk standards. Any additional exterior lighting shall be down lighting.
[Added 8-25-2003 by Res. No. 182]
[4]
Editor's Note: Appendix P is on file in the Town offices.
[Adopted 1-2-1985 by Ord. No. 2-1985]
A. 
This ordinance shall be known and may be cited as "Ordinance No. 2 of 1985 of the Town of Malta," amending the Zoning Ordinance, adopted January 3, 1967, and providing for the creation of a Planned Development District No. 13A to be known as "Northway Mobile Estates."
B. 
The Zoning Ordinance of the Town of Malta as adopted on January 3, 1967, and the Zoning Map of the Town of Malta as set forth herein and made a part thereof are amended by changing the existing zoning and by creating within the boundaries of said newly described area a planned development district to be known as "Northway Mobile Estates."
C. 
The area of Northway Mobile Estates consists of approximately 43.437 acres and is more fully described in a map prepared by Gemme Associates, P.O. Box 433, Guilderland, NY 12084, which map is intended to be filed in the office of the Saratoga County Clerk. A copy of said map is attached hereto as Exhibit A.[1] Said property is bounded on the north by lands of Rogner and Murphy; on the south by lands of Kelch and Malta Inn; on the east by lands of DSB Realty Corporation; and on the west by Interstate 87 and lands of Kelch.
(1) 
The boundaries of the District shall be amended as set forth in the following legal description, provided that deeds are duly executed, delivered and filed with the Saratoga County Clerk within 45 days hereof effectuating the described boundary-line adjustments.[2]
[Added 8-16-2010 by L.L. No. 7-2010]
[2]
Editor's Note: The legal description of the boundary changes are on file in the Town offices.
[1]
Editor's Note: Exhibit A is on file in the Town offices.
D. 
Northway Mobile Estates will be developed to include 101 mobile home lots. The mobile home lots will each contain an average of 15,005 square feet. Northway Mobile Estates will be developed in two phases. Prior to commencement of work on Phase I, final site plan review shall be obtained from the Town of Malta Planning Board. Prior to commencement of work on Phase II, application shall be made to the Town of Malta Planning Board which will review the plans and specifications for Phase II and approve, approve with modifications or disapprove them as submitted.
E. 
A two-hundred-foot buffer zone/green area will be left undisturbed along the westerly boundary of the premises between the mobile home park and the Northway (I-87). This area will constitute the required parkland for the planned development district and, henceforth, no signs, advertisements, trailers or displays in connection with either the mobile home park of Northway Travel Trailers, Inc., will be allowed on the premises in the buffer zone or otherwise such that they are visible to passersby using the Northway (I-87).
F. 
The planned development district will connect with the Saratoga County Sewer District. A water supply system and facilities will be developed by the developer, with the approval of the responsible New York State departments. The developer shall be responsible for the installation of all water and sewer lines in accordance with state, County and Town specifications for materials and workmanship, and in accordance with any and all applicable regulations of the New York State Department of Health. All utilities will be installed underground.
G. 
Telecommunications structure.
[Added by Res. No. 125-1996]
(1) 
A one-hundred-fifty-foot high public utility telecommunications monopole structure shall be allowed within the Northway Mobile Estates PDD. Such structure will be used to support up to a maximum of 12 panel-type antennas, measuring approximately six feet in length each, and associated telecommunications equipment. The base of such monopole shall be no more than five feet in diameter. The structure will be located in the area designated "Proposed Lease Area" on the annexed Exhibit A.[3] The base will be set back from the northerly property line a minimum of 107.5 feet, and will be set back from the easterly property line a minimum of 77.5 feet.
[3]
Editor's Note: Exhibit A is on file in the Town offices.
(2) 
Prior to construction, approval of the final site plan shall be obtained from the Town of Malta Planning Board, pursuant to the Town of Malta Zoning Ordinance. A silent security alarm system shall be used for said structure.
(3) 
In the event that said structure is not used for its approved use for a period of more than six months, the structure will be disassembled within one ear of its last use. A bond will be posted in order to assure that the structure will be disassembled within said one-year period, with the amount of said bond to be established by the Town of Malta Planning Board during the site plan review process.
(4) 
In no event will said structure be used as anything other than telecommunications. No form of advertising will be allowed on said structure.
(5) 
The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of this amendment. The letter shall commit the new owner and his/her successors in interest to:
(a) 
Respond within 90 days to a request for information from a potential shared-use applicant.
(b) 
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
(c) 
Allow shared use of the tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
H. 
The roadways to be included in the planned development district shall be 20 feet in width and shall remain private and under the care and control of the owners of the planned development district. A second entrance/exit connecting the mobile home park with Route 9 shall be created. The road layout shall be approximately the same as that contained on the proposed map (Exhibit A),[4] subject to final site plan review by the Town of Malta Planning Board.
[4]
Editor's Note: Exhibit A is on file in the Town offices.
I. 
This ordinance shall take effect 10 days after approval by the Town Board and posting and publishing in the official Town newspaper as required by law.
J. 
2009 amendments.
[Added 1-5-2009 by L.L. No. 2-2009]
(1) 
This local law shall be known as "No. 2 of 2009" and amends § 167A-16 of the Town of Malta Zoning Code, the "Northway Mobile Estates PDD No. 13A, which was adopted on August 7,1983, by the Town Board of the Town of Malta by Ord. No. 4-1983. That ordinance amended and repealed actions of the Town Board of the Town of Malta concerning this planned development which were enacted on August 23, 1973. In all instances where the amendment set forth below shall be in conflict with any previous zoning actions of the Town Board of the Town of Malta, the amendment shall control. In all other regards, the previous provisions of this planned development district shall apply.
(2) 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by removing a parcel of 4.398 acres plus or minus, with approximately 407.52 feet of frontage along State Route 9, from the planned development district and changing the following described area to District C-1 as such district is zoned by the Town of Malta. The remaining parcel of 74.142 acres plus or minus shall continue to constitute the Northway Mobile Estates PDD No. 13. It is anticipated that the 4.398 acres shall be subdivided pursuant to the Code of the Town of Malta. Both parcels are bounded and described as set forth in Appendix AA, attached hereto and made a part hereof.[5] No further subdivision shall be allowed.
[Amended 12-7-2009 by L.L. No. 10-2009]
[5]
Editor's Note: Appendix AA is on file in the Town offices.
(3) 
Development area and uses. The Northway Mobile Estates PDD will consist of an existing mobile home park of approximately 78.54 acres, with all uses allowed as that term is defined by the Town Code of the Town of Malta, with a total of up to 203 mobile home lots allowed. Also allowed in this planned development district shall be the addition of a sixty-foot by one-hundred-foot garage to be used for storage and maintenance of equipment necessary to maintain the planned development district (e.g., tools, lawnmowers, snow removal equipment). This garage shall not be used for any other purposes. The wood frame dwelling that currently exists on the property shall be allowed to be used for single-family residential purposes or for use as an office for the owner of the mobile home park for purposes of leasing and rental issues concerning the mobile home park. Also allowed is the previously permitted cellular tower.
(4) 
Development requirements and construction specifications; site plan; certificate of occupancy.
(a) 
The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix AA.
(b) 
Once the mobile home park has received site plan approval from the Town of Malta Planning Board concerning the additions allowed herein, the developer shall be allowed to add or replace mobile homes in conformance with all requirements of this planned development district and all approved site plans, by making application to the Town of Malta Building and Planning Department. Said Department shall ensure that all requirements of this PDD and the Code of the Town of Malta are satisfied.
(c) 
The developer shall provide a sidewalk pursuant to the Town of Malta Downtown District requirements as set forth on Appendix AA. This sidewalk shall be completed, or a bond in a form and amount acceptable to the Town of Malta posted, prior to the issuance of a certificate of occupancy for the existing commercial building located on the parcel of 4.398 acres.
(d) 
The project is currently serviced by a water system. Septic tanks are utilized for approximately 54 mobile homes, the wood frame structure and the commercial building. Those systems shall comply with all local, state, and federal laws and regulations. The remaining mobile homes are serviced by a sewer system. If and when new mobile homes are added, or difficulties arise regarding any septic system, the feasibility of connecting the sewer system is encouraged to be explored.
(e) 
If applicable, a final stormwater management report plan shall be submitted for review and approval by the Town during site plan review. A NYS Department of Environmental Conservation response letter of the notice of intent and stormwater pollution prevention plan shall be filed with the Malta Building and Planning Department as required by law.
(f) 
The developer shall provide an easement to the Town of Malta of approximately 60 feet along the most western boundary of the parcel that abuts Interstate 87 for purposes of a possible future roadway to be built at some point in the future that would run parallel to the Interstate.
(g) 
Setback.
[1] 
There shall be a fifteen-foot side and rear setback from the property lines for any and all mobile homes, garages or other structures. The exception to this requirement shall be for up to nine lots along the front western property line, which shall not require a side yard setback, but shall otherwise comply with all building code requirements. The front yard setback shall be 60 feet.
[2] 
The setback from each structure shall be 15 feet.
(5) 
Building code. All structures and mobile homes will be constructed and/or sited in accordance with the building codes as adopted by the Town of Malta.
(6) 
Development fees. The addition of any mobile homes or structures shall be subject to the Town of Malta GEIS, adopted on April 3, 2006. Those fees shall be required for any new structures or mobile homes.
(7) 
Performance bonds or letters of credit. The developer shall file original bonds or letters 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 Supervisors, Town Engineers and Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district local law prior to issuance of a certificate of occupancy, including but not limited to the following:
(a) 
The required sidewalk, as set forth above;
(b) 
Satisfactory completion of the stormwater management system and required infrastructure items, and other items identified by the Planning Board during site plan review.
(8) 
SEQRA. The Malta Town Board finds that this project is in compliance with the Town of Malta FGEIS enacted on April 3, 2006, and Statement of Findings adopted June 5, 2006, and pursuant to the State Environmental Quality Review Act adopts a negative declaration and declaration of nonsignificance concerning this project, a copy of which is annexed hereto and made a part hereof and designated Appendix AA. The developer agrees to comply with all of the mitigating measures which are a part thereof, at no cost to the Town. No certificate of occupancy will be issued until the mitigating measures are complete.
(9) 
Severability. If any provisions of this local law shall be held invalid in an appropriate court proceeding, the remainder of this local law shall not be affected thereby.
[Adopted 5-6-1986 by Ord. No. 2-1986]
A. 
This Ordinance shall be known as "No. 13 of 1986," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 13B, Cwirko Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from the existing LC to a Planned Development District No. 13B, Cwirko Planned Development District, Town of Malta.
C. 
The area of the planned development district consists of 33.701 acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] attached hereto and made a part hereof. The area of the planned development district is generally described as being west of Ruhle Road, north of lands now or formerly of David Howansky; east of the outlet of Ballston Lake; and south of the outlet of Ballston Lake and the lands now or formerly of Gregorek.
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
There shall be constructed within the above-described area up to five single-family dwellings, all as set forth on the plan heretofore approved and placed on file with the Town Planning Board of the Town of Malta. The sizes and configurations of the lots set forth in that plan may not be changed without amending this ordinance. Each lot shall contain a turnaround so vehicles will not back into traffic.
E. 
The appropriate written approvals for water, sewer, drainage and/or septic system shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Zoning Inspector for any buildings to be constructed on the herein-described premises.
F. 
There shall be a minimum front yard setback of 70 feet for all dwellings to be constructed on the above-described premises.
G. 
There shall be a minimum rear yard set back of 100 feet for all dwellings to be constructed on the above-described premises, with the first 75 feet of said 100 feet to remain uncleared.
H. 
Where utility poles are on the easterly side of Ruhle Road, overhead lines may be used to cross Ruhle Road to access the subject premises, with all utilities to the subject premises to be installed underground.
I. 
Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall in all respects apply to the subject premises.
J. 
No commercial uses shall be permitted in Planned Development District No. 13B, Cwirko Planned Development District, Town of Malta, Saratoga County, New York.
K. 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
A. 
This ordinance shall be known and may be cited as "Ordinance No. 3 of 1986 of the Town of Malta, amending the Zoning Ordinance of the Town of Malta as adopted January 3, 1967, and this ordinance does provide for the creation of a Planned Development District No. 13C which is to be known as "Crystal Springs Planned Development District. "
[Amended 1-3-1989]
B. 
The Zoning Ordinance of the Town of Malta as adopted on January 3, 1967, and the Zoning Map of the Town of Malta as attached thereto are hereby amended by changing the parcel later described from the existing C-1 Commercial District as shown on Town of Malta Zoning Map to a development district to be known as the "Cyrstal Springs Planned Development District."
C. 
The area of the planned development district consists of 5.8 plus or minus acres in the Town of Malta and is bounded and described as set forth in Subsection H below. The area of the planned development district is generally described as on the east side of Route 9 approximately one mile north of the intersection of Route 9 and Route 67. Such parcel is identified on the tax maps as Section-Block-Lot No. 229-3-2.12, and it consists of 5.8 plus or minus acres.
D. 
Uses; construction of buildings.
[Amended 1-3-1989; 3-6-1990; 12-6-1993]
(1) 
The uses contemplated by the developer are a commercial site for a restaurant and various stores for the sale of shoes, clothing, novelties, gifts; manufacture and sale of ice cream; retail or wholesale sales and/or manufacturing or processing of candy, nuts, cheese and other edible and novelty products; retail sale of groceries, alcoholic beverages, dairy products, books, magazines, carpets or rugs; and the operation of a hair-dressing salon, with a maximum of two sinks to be located therein. The Saratoga Chapel will also be a permitted use within said planned development district. Other uses and specially permitted uses will be allowed in the planned development district as if said planned development district were in a C-2 Commercial District (Commercial Business) as the same may be defined from time to time in the Town of Malta Zoning Ordinance, with the exception of automatic laundries, and the same procedure for obtaining a special use permit for such specially permitted uses shall be the same as if said planned development district were located in a C-2 Commercial District (Commercial Business).
(2) 
The developer shall be authorized to construct up to six buildings in the planned development district. All buildings shall comply with the applicable building and zoning regulations. No building permits shall be issued without the final site plan approval of the site plan by the Town Planning Board.
(3) 
Crystal Springs Planned Development District is amended to allow dancing as a permitted use in the restaurant building currently existing within said Planned Development District, provided that no activity as defined by the Town of Malta Local Law No. 2 of the year 1999, entitled "A Local Law to be known as the Adult Use Business Regulation Law of the Town of Malta,"[1] will be permitted within said Planned Development District.
[Added 1-3-2000]
[1]
Editor's Note: See Art. XIII, Adult Uses.
E. 
All signs constructed shall be subject to the provisions of § 167-27, Signs, of the Town of Malta Zoning Ordinance.
F. 
All utilities shall be installed underground.
G. 
This ordinance shall take effect in 10 days after approval by the Town Board and posted and published in the official newspaper of the Town of Malta as required by law.
H. 
Boundaries. All that piece or parcel of land situate in the Town of Malta, County of Saratoga and State of New York, more particularly described as follows: a five-eighths-acre parcel situate on the easterly side of the highway United States Route 9, bounded on the north by lands of Haven, bounded on the east by lands of Montana, bounded on the south by lands of Osten and bounded on the west by highway United States Route 9.
[Adopted 8-6-1985 by Ord. No. 3-1985]
A. 
This ordinance shall be known and may be cited as "Ordinance No. 3 of 1985 of the Town of Malta," amending the Zoning Ordinance of the Town of Malta as adopted January 3, 1967, and as last amended on the 6th day of August, 1985, providing for the creation of a Planned Development District No. 14 to be known as "Cramer Road Planned Development District." The Zoning Ordinance of the Town of Malta as adopted January 3, 1967, and the Zoning Map of the Town of Malta as set forth therein and made a part thereof, are amended by changing from the existing R-2, Residential, and R-1, Agricultural or Residential Districts, as hereinafter described, and creating within the boundaries of said newly described area, a planned development district to be known as "Cramer Road Planned Development District."
B. 
The area of said Cramer Road Planned Development District consists of approximately 15 acres, and is bounded and described as set forth in Exhibit A,[1] attached hereto and made a part hereof. The area is located on the southerly side of Cramer Road, approximately 700 feet east of its intersection with Route No. 9.
[1]
Editor's Note: Exhibit A is on file in the Town offices.
C. 
The area would consist of eight four-plex buildings. Each building lot will be at least 1.3 acres, with at least 250 feet of frontage. Each unit will have a maximum of two bedrooms.
D. 
Water will be supplied by individual wells. Sanitary sewerage will be provided by individual septic systems. All utilities will be underground. Water and sewer will be approved by the New York State Department of Health. Septic systems will be placed toward the front of the lots, to facilitate connection with a public sewerage system should such a system become available.
E. 
All improvements will be designed and constructed pursuant to plans and specifications approved by a duly licensed architect or a professional engineer in strict compliance with the New York State Building Code. Before construction of any building in Cramer Road Planned Development District is commenced or any building permit is issued related thereto, final plan and specifications for each such building shall be submitted to the Town Planning Board, which will review said plans and specifications and approve or disapprove them as submitted.
F. 
In the event that all buildings are sold to a single individual, the road to be constructed for access to said buildings shall be deemed to be a private road and to be maintained at the expense of the individual owner. At such time as the individual owner elects to sell at least three of the individual units to bona fide purchasers, in no way related to the individual owner, so as to create several separate ownerships of buildings within the district, the individual owner shall offer said road as a public road to the Town of Malta, without cost, provided that the same is constructed in accordance with the Town Construction Code and Subdivision Regulations.[2] In the event that at least four unrelated individual owners purchase the buildings within the district following the completion of construction of said buildings, then the road shall be offered, without cost, to the Town of Malta for public use, provided that the same is constructed in accordance with the Town Construction Code and Subdivision Regulations. In any event, the Town of Malta shall have total discretion as to whether to accept or reject any road so offered.
[2]
Editor's Note: See Ch. 89, Fire Prevention and Building Construction, and Ch. 143, Subdivision of Land.
G. 
As permitted by the Town Law, the developer shall contribute a sum of money to the Town of Malta for recreational purposes equal to $300 per lot. Upon receiving final plan approval, the developer shall pay to the Town Supervisor $300 per lot to a maximum of $2,400.
H. 
If any provision of this ordinance shall be invalid, the remainder of the ordinance shall not be affected thereby.
[Adopted 9-2-1986 by Ord. No. 5-1986]
A. 
This ordinance shall be known and may be cited as "Ordinance No. 5 of 1986 of the Town of Malta," amending the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 14A which is to be known as the "Adirondack Deck Planned Development District."
B. 
The Zoning Ordinance of the Town of Malta as adopted on January 3, 1967, and the Zoning Map of the Town of Malta as attached hereto are hereby amended by changing the parcel hereafter described from the existing R-1 Residential and/or Agricultural District parcel to a development district to be known and described as the "Adirondack Deck Planned Development District."
C. 
The area of the planned development district consists of approximately 11 acres in the Town of Malta and is bounded and described as set forth in Appendix A (legal description) and Appendix B (sketch)[1] attached hereto and made a part hereof. The area of the planned development district is generally described as being on the east side of Route 9, south of Malta Ridge.
[1]
Editor's Note: Appendixes A and B are on file in the Town offices.
D. 
Uses.
[Amended 5-5-1992]
(1) 
Authorization to construct structures; movement of existing building.
(a) 
The uses contemplated by the developer are a light industrial site for the manufacture, assembly and storage of prefabricated wood decks and porches. The developer will be authorized to construct in the first phase a sixty-feet-by-two-hundred-twenty-five-feet light industrial structure for the manufacture, assembly and storage of prefabricated wood decks and porches; a forty-feet-by-forty-feet storage building for the storage of prefabricated wood decks and porches; and a twenty-feet-by-forty-feet office building to be used solely in conjunction with the developer's business of the assembly and storage of prefabricated wood decks as herein set forth; together with the associated parking areas and an entrance drive, as set forth in the annexed sketch plan. The developer shall be authorized to construct the buildings as set forth in this section, and no others, and the uses permitted in said planned development district shall only be those uses as herein set forth. Prior to the issuance of a building permit, the owner shall submit a site plan for approval by the Town Planning Board in accordance with Article VI of the Town Zoning Ordinance. No building permit shall be issued without final approval of the site plan by the Town Planning Board.
(b) 
The existing twenty-feet-by-forty-feet building shall in any event be moved to the rear of the main Phase 1 building within one year from the issuance of a certificate of occupancy concerning Phase 1 of this project. The developer shall furnish a performance bond or a letter of credit in the amount of $5,000 to ensure the performance of the requirements of this subsection.
(2) 
Use of existing building.
(a) 
The following uses will be allowed in the building existing on the site as shown on Site Plan Drawing No. 013192MT dated January 31, 1992:
[1] 
Low-impact industrial manufacturing.
[2] 
Low-impact industrial warehousing.
[3] 
Low-impact industrial services.
[4] 
Office space associated with the three uses set forth above.
(b) 
No specific tenant and/or specific use will be allowed pursuant to this Subsection D(2) until such use and/or tenant has been submitted to the Town Building and Planning Department and received its approval. Each new use must be submitted to the Town Planning Board of the Town of Malta for site plan review, and no building permit will be issued without the final approval of the tenant and/or use by the Planning and Building Department of the Town of Malta, and the site plan by the Town Planning Board of the Town of Malta.
[Amended 1-7-2013 by L.L. No. 1-2013]
E. 
All buildings constructed shall have a setback of at least 80 feet from Route 9.
F. 
No outside storage of any products or equipment shall be permitted on the premises, except under the roof overhanging on the sixty-feet-by-two-hundred-twenty-five-feet building.
G. 
All utilities shall be installed underground.
H. 
All driveways and parking lots constructed in conjunction with this project shall be blacktopped to an appropriate depth within one year of the issuance of an occupancy certificate for Phase 1 of the project, with the specific areas to be blacktopped as shown on Appendix B.[2]
[2]
Editor's Note: Appendix B is on file in the Town offices.
I. 
Water will be supplied by an on-site well, and sanitary sewer will be treated by an individual sanitary sewer system, and all appropriate written approvals shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy.
J. 
All buildings shall be constructed in accordance with New York State Building and Fire Codes and approved by a duly licensed engineer or architect. All construction shall be performed subject to the direction and control of a duly licensed engineer or architect, and when completed shall be certified as having been constructed in full compliance with the New York State Building and Fire Code. All construction shall be subject to the inspection and approval by the Town Building Inspector.
K. 
This ordinance shall take effect 10 days after approval by the Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
[Adopted 12-2-1986 by Ord. No. 8-1986]
A. 
This ordinance shall be known as "No. 8 of 1986," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 15, Eric Tanski Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 to a planned development district to be known and described as "Planned Development District No. 15, Eric Tanski Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 10 plus/minus acres in the Town of Malta, County of Saratoga, State of New York, situate on the north side of Round Lake Road as set forth in the plan dated October 15, 1986, and prepared by George T. Farnum Designs and placed on file with the Town Planning Board of the Town of Malta.
D. 
There shall be constructed within the above-described area up to 12 single-family dwellings, all as set forth on the plan dated October 15, 1986, and prepared by George T. Farnum Designs and placed on file with the Town Planning Board of the Town of Malta. The exact sizes and configuration of the lots shall be as determined by the Malta Town Planning Board who shall retain final site plan approval and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Zoning Inspector for any buildings to be constructed on the herein-described premises. The sewer systems for said buildings shall be provided by the Country Knolls Sewerage Disposal, Inc., and/or Saratoga County Sewage System. The water for five of said buildings shall be provided by the Country Knolls Water Works, Inc., and/or by private individual wells for the buildings, provided that for any building which is serviced by a private individual well, dry laterals shall be installed so that should water from Country Knolls Water Works, Inc., become available, any buildings served by a private individual well can be connected to the Country Knolls Water Works, Inc., system by the developer at the developer's cost within 60 days of the time that water for the balance of said buildings shall be provided by Country Knolls Water Works, Inc.
[Amended 10-6-1987]
F. 
There shall be a minimum front yard setback of 30 feet for all dwellings to be constructed on the above-described premises from the private road to be constructed therein. There shall be a forty-foot setback for all dwellings to be constructed on the above-described premises from Round Lake Road. Individual houses shall be situate so that no two adjoining houses are set back the same distance from any road.
G. 
There shall be a minimum rear yard setback of 40 feet for all dwellings to be constructed on the above-described premises and there shall be a side set back of at least 10 feet for all dwellings to be constructed on the above-described premises.
H. 
Where utility poles are on the southerly side of Round Lake Road, overhead lines may be used to cross Round Lake Road to access the subject premises, with all utilities to the subject premises to be installed underground.
I. 
There shall be granted to the Town of Malta drainage easements, the final location of which shall be determined by the Town of Malta Planning Board in order to alleviate drainage problems in the neighboring Hearthwood Estates.
J. 
The Town of Malta shall be paid the sum of $150 per lot in lieu of setting aside any recreational areas.
K. 
The Malta Town Planning Board shall make provisions in its final site plan review for planting of trees and other shrubbery as it so determines and that a letter of credit or bond shall be provided for said shrubbery as may be deemed necessary by the Malta Town Planning Board.
L. 
This planned development district shall have one common boulevard entrance from Round Lake Road which shall be used in common with a planned development district entitled "Planned Development District No. 16, Bruce Tanski Planned Development District, Town of Malta." No driveways shall enter upon said boulevard entrance.
M. 
In conjunction with said planned development district, there shall be situate in both planned development districts a total of three fire hydrants to be placed as determined by the Malta Town Planning Board.
N. 
Approval of this planned development district shall be contingent upon the obtaining of a permit under the Environmental Conservation Law with respect to Article 24, Freshwater Wetlands, from the New York State Department of Environmental Conservation.
O. 
There shall be a letter of credit or bond in an amount determined by the Malta Town Planning Board to ensure proper completion of all roads to be constructed in this planned development district.
P. 
Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.
Q. 
No commercial uses shall be permitted in the Eric Tanski Planned Development District, Town of Malta, Saratoga County, New York.
R. 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
[Adopted 12-2-1986 by Ord. No. 9-1986]
A. 
This ordinance shall be known as "No. 9 of 1986," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 16, Bruce Tanski Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 to a planned development district to be known and described as "Planned Development District No. 16, Bruce Tanski Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 10 plus/minus acres in the Town of Malta, County of Saratoga, State of New York, situate on the north side of Round Lake Road as set forth in the plan dated October 15, 1986, and prepared by George T. Farnum Designs and placed on file with the Town Planning Board of the Town of Malta.
D. 
There shall be constructed within the above-described area up to 13 single-family dwellings, all as set forth on the plan dated October 15, 1986, and prepared by George T. Farnum Designs and placed on file with the Town Planning Board of the Town of Malta. The exact sizes and configuration of the lots shall be as determined by the Malta Town Planning Board who shall retain final site plan approval and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Zoning Inspector for any buildings to be constructed on the herein-described premises. The water and sewer services for said buildings shall be provided by the Country Knolls Water Works, Inc., and Country Knolls Sewerage Disposal, Inc., and/or Saratoga County Sewage System.
F. 
There shall be a minimum front yard setback of 30 feet for all dwellings to be constructed on the above-described premises from the private road to be constructed therein. There shall be a forty-foot setback for all dwellings to be constructed on the above-described premises from Round Lake Road. Individual houses shall be situate so that no two adjoining houses are set back the same distance from any road.
G. 
There shall be a minimum rear yard setback of 40 feet for all dwellings to be constructed on the above-described premises and there shall be a side set back of at least 10 feet for all dwellings to be constructed on the above-described premises.
H. 
Where utility poles are on the southerly side of Round Lake Road, overhead lines may be used to cross Round Lake Road to access the subject premises, with all utilities to the subject premises to be installed underground.
I. 
There shall be granted to the Town of Malta drainage easements, the final location of which shall be determined by the Town of Malta Planning Board in order to alleviate drainage problems in the neighboring Hearthwood Estates.
J. 
The Town of Malta shall be paid the sum of $150 per lot in lieu of setting aside any recreational areas.
K. 
The Malta Town Planning Board shall make provisions in its final site plan review for planting of trees and other shrubbery as it so determines and that a letter of credit or bond shall be provided for said shrubbery as may be deemed necessary by the Malta Town Planning Board.
L. 
This planned development district shall have one common boulevard entrance from Round Lake Road which shall be used in common with a planned development district entitled "Planned Development District No. 15, Eric Tanski Planned Development District, Town of Malta." No driveways shall enter upon said boulevard entrance.
M. 
In conjunction with said planned development district, there shall be situate in both planned development districts a total of three fire hydrants to be placed as determined by the Malta Town Planning Board.
N. 
Approval of this planned development district shall be contingent upon the obtaining of a permit under the Environmental Conservation Law with respect to Article 24, Freshwater Wetlands, from the New York State Department of Environmental Conservation.
O. 
There shall be a letter of credit or bond in an amount determined by the Malta Town Planning Board to ensure proper completion of all roads to be constructed in this planned development district.
P. 
Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.
Q. 
No commercial uses shall be permitted in the Eric Tanski planned development district, Town of Malta, Saratoga County, New York.
R. 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
[Adopted 12-2-1986 by Ord. No. 10-1986]
A. 
This ordinance shall be known as "No. 10 of 1986" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No.17, Parade Ground Village Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from District C-2 Commercial and District R-2 Residential as such is now zoned, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 17, Parade Ground Village Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 15.6 acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) attached hereto and made a part hereof.
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The developer shall be authorized to develop the project in three phases, as follows:
(1) 
Phase I.
(a) 
Construction of a westbound left-hand turning lane on Dunning Street (County Road 108) at the easterly entrance to the site, which lane shall commence at the entrance to the site, shall be approximately 100 feet in length to allow for sufficient stacking and shall be designed in accordance with New York State Department of Transportation specifications and be subject to review and approval by the Saratoga County Public Works Department.
(b) 
Complete construction to the Saratoga County Sewer System, which system is now located and installed within the Dunning Street right-of-way.
(c) 
Complete construction of the roadway within the site according to Town of Malta highway specifications, and dedication of said roadway to the Town of Malta. No boulevard shall be required within the roadway area, as previously specified. The developer shall construct a median along the initial entrance area on both ends of the roadway located within the district, which median shall be in accordance with the approvals of the Town of Malta Planning Board and Highway Department. A letter of credit in an amount acceptable to the Town Engineer will be filed with the Town for a period of one year, covering the road and landscaping.
[Amended 3-25-1987 by Ord. No. 1-1987]
(d) 
Complete the construction of up to 30,000 square feet of commercial/retail or office space, following the necessary Town of Malta Planning Board approvals required by this ordinance.
[Amended 3-25-1987 by Ord. No. 1-1987]
(e) 
Convey to the Town of Malta a thirty-foot easement extending from the southerly boundary of lands now of Higley and terminating at the northerly boundary of the Town of Malta roadway described in this provision. This easement area shall provide a continuous access easement to the lands now of Higley and Deveno. Preparation of all deeds, abstracts of title, surveys and related documents shall be at the developer's expense, and shall further be subject to review and approval by the Town of Malta Town Attorney and the Town of Malta Planning Board.
(f) 
The developer shall provide a water hydrant to be located southerly of the district, at a location that would allow the fire companies access to said hydrant for fire-fighting purposes. The water supply and hydrant will be confirmed by written contract between the developer and owner of said hydrant and water system (currently the Luther Forest Water Company).
(2) 
Phase II.
(a) 
The Town Board shall conduct a public hearing on the preliminary development plan of Phase II. The developer shall at such hearing be given the opportunity to present his proposal to the Town Board which will take into consideration the information presented by the developer and the viewpoints of the public which are expressed at the public hearing. The Town Board may approve the Phase II plan as presented, approve it subject to certain specified modifications or may disapprove the plan.
(b) 
Complete the construction of no more than 30,000 square feet of commercial/retail or office space.
(3) 
Phase III.
(a) 
The Town Board shall conduct a public hearing on the preliminary development plan of Phase III. The developer shall at such hearing be given the opportunity to present his proposal to the Town Board which will take into consideration the information presented by the developer and the viewpoints of the public which are expressed at the public hearing. The Town Board may approve the Phase III plan as presented, approve it subject to certain specified modifications or may disapprove the plan.
(b) 
Complete the construction of no more than 28,500 square feet of commercial/retail or office space.
(c) 
Additional construction.
[Added 9-6-2005 by L.L. No. 8-2005]
[1] 
The PDD shall be amended to allow the construction of a fourteen-thousand-square-foot, single-story, professional/medical building in Phase III, as generally depicted on Appendix A. This building will have shared parking with the building currently occupied by Bentley's, with room to expand the parking to be set aside and shown on the final site plan. There shall be up to eight door locations with handicap parking located in appropriate proximity to each door. Dumpsters will be located at the rear of the building and screened with materials matching the building. The lighting shall be compatible with the existing lighting in Parade Ground Village, subject to approval from the Town of Malta Planning Board.
[2] 
The developer shall also install a sidewalk along US Route 9 from Hemphill Place south to the parcel currently occupied by the New York State Police Barracks located at 2455 Route 9 and also from Hemphill Place north to the parcel currently occupied by the Mobile mart. Sidewalks shall also be constructed in conjunction with this project as depicted on Appendix A and subject to final locations being determined by site plan review.
[3] 
The developer shall also convey a twenty-five-foot easement connecting the parcel currently owned by Connelly with the Parade Ground Village parcel, as depicted on Appendix A and shall also construct a roadway approximately 60 feet by 24 feet connecting this project with the parcel currently occupied by the day-care center. The final site plan shall be determined and approved by the Malta Planning Board.
E. 
The developer shall construct the project generally in accordance with the approved sketch plan, as approved by the Town of Malta Town Board. However, the exact location and size of buildings, location of parking areas, green space, pedestrian sidewalks and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the developer with flexibility for a mixture of commercial/retail or office space. The sketch plan is not intended to limit the developer with respect to a specific number of buildings, specific location of buildings or parking lots, or other related items customarily considered by the site plan review process.
F. 
The entire project shall consist of buildings not to exceed a total of 85,200 square feet. Parking spaces shall conform to the appropriate Town of Malta Zoning Ordinance regulations as required for commercial/retail or office uses. The maximum building height of any building shall be two stories (30 feet). Unless otherwise set forth in this section, all buildings shall have a maximum ground floor area of 6,000 square feet and a maximum total building square foot area of 12,000 square feet. Notwithstanding the foregoing, in Phase I there shall be allowed one building with a maximum ground floor area of 12,000 square feet and a total building square foot area of no more than 12,000 square feet. In Phase II the establishment currently known as Bentley's shall have a maximum ground floor area of 7,000 square feet and a total building square foot area of no more than 7,000 square feet. This provision is intended to limit construction to a single story.
[Amended 3-25-1987 by Ord. No. 1-1987; 8-20-2012 by L.L. No. 10-2012]
G. 
Prior to the issuance of a building permit for any building within this district, the owner shall submit a site plan for approval by the Town Planning Board in accordance with Article VI of the Town Zoning Ordinance, and no building permit shall be issued without final approval of the site plan by the Town Planning Board.
H. 
Water will be supplied by individual wells for each approved building within the district. Sanitary sewerage will be provided throughout the site during development and connected to an existing sanitary trunk line now located on Dunning Street.
I. 
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector. All buildings will contain individual fire alarm systems having direct alarm connection to the appropriate fire company and/or fire control center.
J. 
All utilities shall be installed underground.
K. 
No outside storage of any products or equipment shall be permitted on the subject premises, except for an outside cold storage unit, which shall be constructed and located in the planned development district as set forth in Appendix B.[2]
[Amended 4-29-2002 by L.L. No. 5-2002]
[2]
Editor's Note: Appendix B is on file in the Town offices.
L. 
The uses allowed as of right in this planned development district shall be: 1) restaurant; 2) retail business; 3) professional office; 4) drug store; 5) day-care center, child; 6) deli; 7) fitness center; 8) personal service shop; 9) dry cleaner; and 10) preschool, provided such does not occur within a structure exceeding 2,300 square feet. In addition, fire station will be a permitted use in Phase II of this planned development district subject to the issuance of a special use permit by the Town of Malta Planning Board. In no event shall a laundromat or car wash be located within the planned development district, which uses are specifically prohibited.
[Amended 8-2-1988 by Ord. No. 6-1988; 8-20-2012 by L.L. No. 10-2012]
M. 
The developer shall have the right to define specific lot size dimensions that may be associated with each of the buildings constructed within the district. These lot lines shall be determined at the time of site plan review. Approval by the Planning Board of the individual building and associated parking area, green area and lot lines shall be deemed an approved lot within this district, thus authorizing the sale of said building and lot by the developer to a third party. Any sale to any third party owner shall be subject to the terms and conditions of this ordinance.
N. 
No construction shall be permitted within the designated parade ground area as shown on the preliminary C.T. Male map.
O. 
All signs within the district shall comply with the Sign Ordinance[3] of the Town of Malta.
[3]
Editor's Note: See § 167-27, Signs.
P. 
This ordinance shall take effect 10 days after approval of the Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
Q. 
The installation of a cooling system in the establishment known as "Bentley's" shall be allowed as a permitted use in the said planned development district, as set forth on the map annexed hereto,[4] subject to approval of screening and approval of site plan by the Town Planning Board.
[Added 11-3-2003 by Res. No. 218]
[4]
Editor's Note: Said map is on file in the Town offices.
R. 
The construction of a temporary enclosure for the rear deck eating establishment area, and construction of a designated smoking section at the rear of the building shall be allowed as permitted uses in said planned development district.
[Added 6-7-2004]
S. 
All provisions of the Town Zoning Law not expressly superseded or modified by an inconsistent provision included in this section shall be in full force and effect and shall be enforceable by the Town.
[Added 8-20-2012 by L.L. No. 10-2012]
[Adopted 4-23-1987 by Ord. No. 1A-1987[1]]
A. 
This ordinance shall be known as "No. 1 of 1987" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 18, Saratoga Village Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from District C-2 Commercial, C-1 Commercial and District R-2 Residential as such is now zoned, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 18, Saratoga Village Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 49.2 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[2] (legal description) attached hereto and made a part hereof.
[Amended 11-3-1999 by Ord. No. 5-1999]
[2]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The Saratoga Village planned development district will provide for the proposed construction of a retail factory outlet center with approximately 200,000 square feet of building area. The buildings, roads and other paved surfaces in the proposed development district will cover about 30.0 plus/minus acres of the site. The remaining 30.0 plus/minus acres will be used for open space, buffer strips, landscaped areas and an on-site stormwater management area. The planned development district will be authorized to have parking for up to 962 plus/minus cars. It will also have an on-site water supply system, a connection to the County sewer system and a one-hundred-thousand-gallon underground water tank with a dry hydrant connection for water supply and fire protection. The design, construction and maintenance of all buildings and landscaping within the Development District will be done by the developer to assure a compatible, aesthetically pleasing development in a "colonial Village" atmosphere. Improvements to New York State Route 9 at the proposed site access road intersection, to New York State Route 67 at the proposed site access road intersection, to the intersection of New York State Route 9, New York State Route 67 and Dunning Street, to the section of Route 67 between I-87 and the proposed site access road, and to the intersection of New York State Route 67 and I-87, including the ingress and egress systems at that intersection, as required by the New York State Department of Transportation after its review of the developer's traffic study, and as finally approved by the New York State Department of Transportation and the Town Engineers, will be completed by the developer at its cost. All transportation improvements to state highways shall be constructed in accordance with highway work permits from the New York State Department of Transportation, which must be obtained by the developer in a timely fashion. The developers have also agreed to contribute the amount of $10,000 to the Town of Malta to fund a long-range traffic improvement study to address transportation needs which may be induced as a result of the planned development district, and other area developments which this PDD may encourage, and to pay their fair share of any transportation improvements which the long-range traffic study concludes are needed. The Town of Malta shall have the authority in its sole discretion to determine when the study will be done, who will complete it and shall have the ultimate authority in its sole and reasonable discretion to determine the "fair share" of the developer for any transportation improvements which the study concludes are needed. The Town of Malta will seek input from the New York State Department of Transportation on selection of a traffic consultant and scheduling of the long-range improvement study.
E. 
The developer shall construct the project generally in accordance with the approved sketch plan, as approved by the Town of Malta Planning Board and Town Board. The planned development district application dated April 20, 1987, and sketch plan dated February 1987 are incorporated by reference and hereby made a part of this ordinance. However, the exact location and size of buildings, location of parking areas, green areas, pedestrian sidewalks and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the developer with flexibility for a mixture of commercial/retail space. The sketch plan is not intended to limit the developer with respect to a specific number of buildings, specific location of buildings or parking lots or other related items customarily considered by the site plan review process.
F. 
The entire project shall consist of buildings not to exceed a total of 200,000 square feet. Parking spaces shall conform to the requirements established by the Town Planning Board during the site plan review process. The maximum building height of any building shall be 30 feet except for the clock tower and church steeple which shall be of the heights approved by the Town Planning Board during the site plan review process.
G. 
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan for approval by the Town Planning Board in accordance with Article VI of the Town Zoning Ordinance. No building permits shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. The specific details concerning the work allowed pursuant to such permits and any bonds which may be required shall be established by the Planning Board during the site plan review process.
H. 
Water will be supplied by a fifty-gallon-per-minute on-site production well and water system serving all buildings within the district. Sanitary sewage will be provided throughout the site during development and permanent sewage disposal will be provided by connection to the County Sewer System. The connection to the existing system will be provided by the developer at its expense. All sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 all completed sewer facilities at no cost to the Saratoga County Sewer District No. 1. The sewer district shall determine what portion of these facilities are appropriate for public ownership.
I. 
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector and Town Engineers. All buildings will contain a fire alarm system having direct alarm connection to the appropriate fire company and/or fire control center. All buildings shall be equipped with sprinklers in accordance with New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association. The Round Lake Fire Chief may grant a wavier of the requirement of installation of alarm systems in sprinklered areas. Any such waiver shall be in writing and filed with the Town of Malta Building Department and the Town of Malta Engineers. Fire hydrants shall be installed in accordance with appropriate standards and codes.
J. 
All utilities shall be installed underground.
K. 
No outside storage of any products or equipment shall be permitted on the subject premises.
L. 
Uses.
[Amended 1-1-1996]
(1) 
The uses of the commercial and/or retail buildings to be constructed within this district shall be those permitted by the current Town of Malta Zoning Ordinance for commercial or retail use, provided that amusement/video arcades, laundromats and car washes shall not be permitted.
(2) 
Mass-gathering type of events will be allowed in the planned development district on a case-by-case basis. No such mass-gathering type of event will be allowed until such event has been submitted to the Town Board of the Town of Malta for its approval. The Town Board of the Town of Malta may approve, approve with modifications or disapprove any such submission. In any event, each such mass-gathering event must comply with the requirements of the Town of Malta Mass Gathering Ordinance,[3] as appropriate, together with any other requirements which the Town Board of the Town of Malta may deem appropriate.
[3]
Editor's Note: See Ch. 55, Assemblies.
(3) 
Additional authorized uses.
[Added 2-7-2000]
(a) 
Uses.
[1] 
The construction of a one-hundred-twenty-five-room hotel of no more than three stories in height to be built in one or two phases is authorized. Should the then owners of the Saratoga Village Planned Development District desire that the hotel building be over three stories in height, they may apply to the Malta Town Board, which may, in its sole discretion, approve or disapprove a hotel building over three stories in height.
[2] 
The construction of a commercial building of a maximum of 12,000 square feet is authorized. The permitted uses for such commercial building are limited to a sit-down restaurant (with no authority to serve fast food and with no authority for drive-through window service of any type), a bank, a commercial and/or professional office building, with any other uses only permitted by further amendment of the Planned Development District.
(b) 
The existing Malta Commons signs located on U.S. Route 9, and adjacent to the Northway, must be removed prior to the issuance of any building permit for the construction of any buildings authorized in this Ordinance.
(c) 
A rendering of any building to be constructed in the Planned Development District, and a site plan of the building, must be submitted to and approved by the Town Board of the Town of Malta prior to the issuance of any building permit for the construction of such building.
(d) 
No further buildings may be constructed, nor may any existing buildings be expanded, unless the Planned Development District is amended by the Town Board of the Town of Malta to permit such buildings or such expansion.
M. 
Signs.
[Amended 5-2-1994; 6-6-1994; 10-3-1994; 2-5-1996]
(1) 
All signs within the District shall be approved by the Town Board of the Town of Malta.
(2) 
The Town Board of the Town of Malta hereby approves a sign at the southwest corner of said planned development district, as shown on the annexed Exhibit A,[4] which sign will be no more than 480 square feet in size, and which sign will be internally illuminated, but will have no blinking or flashing lights, and will be approximately as shown on the annexed Exhibit B;[5] provided, however, that any approval required by any state or local authority, if any, including but not limited to the New York State Department of Transportation, will be obtained by the developer prior to the construction of said sign. The words on the sign shall be "Malta Commons Factory Outlets & Specialty Shopping."
[4]
Editor's Note: Exhibit A is on file in the Town offices.
[5]
Editor's Note: Exhibit B is on file in the Town offices.
(3) 
A banner-type sign, as defined by the Town of Malta Zoning Ordinance, and as set forth on the annexed Exhibit "C Desirable,"[6] be and the same hereby is approved, with said banner-type sign to cover the bottom two lines of wording on said sign located within 300 feet of the Adirondack Northway, with said banner-type sign to be removed within six months of the date of installation of the sign.
[6]
Editor's Note: Said exhibit is on file in the Town offices.
N. 
Performance bonds or letters of credit.
(1) 
The developer shall file bonds or letters of credit in the amounts established by the Town Planning Board and acceptable as to amount and form to the Town Engineers and Town Attorney to guarantee the following:
(a) 
Return of the site to its original condition after clearing and grading should this be deemed necessary by the Planning Board.
(b) 
The satisfactory completion of the roads and other infrastructure for the project.
(c) 
The satisfactory completion and maintenance of landscaping on the project site.
(2) 
The bonds or letters of credit shall be filed for the period of time to be determined by the Planning Board.
O. 
No buildings, signs, structures, roads or other paved surfaces will be constructed within the three-hundred-foot setback from the edge of the pavement of the Northway as required by the Town.
P. 
All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the requirements of the Town, shall be approved by the Town Engineers and shall be offered without cost to the Town of Malta. The connector road between New York State Route 9 and New York State Route 67, as proposed in the sketch plan dated February 1987, shall be 30 feet wide.
Q. 
Fifty parking spaces shall be set aside by the developer for use by the Town of Malta Park and Ride program.
R. 
This ordinance shall be deemed automatically revoked and void and the previous regulation shall obtain if within two years from the date of this ordinance commencement of construction of the project has not begun or if substantial progress does not continue without undue interruption. Any delay in construction extending for more than 12 months shall effect an automatic revocation and voiding of this ordinance, except as to the area on which construction has been completed.
S. 
The developer will not seek any tax abatement greater than an initial first-year tax exemption of 50%, which exemption shall decrease annually by 10% for a period of five years such that, commencing with the sixth year, such exemption shall be completely eliminated.
T. 
This ordinance shall take effect 10 days after approval of the Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
U. 
2009 amendments.
[Added 1-5-2009 by L.L. No. 1-2009]
(1) 
This local law shall be known as "No. 1 of 2009 and amends Chapter 167A of the Town of Malta Zoning Code, the "Saratoga Village PDD No. 18," which was adopted on April 23, 1987, by the Town Board of the Town of Malta by Ord No. 1A-1987. In all instances where the amendment set forth below shall be in conflict with any previous zoning actions of the Town Board of the Town of Malta, the amendment shall control. In all other regards, the previous provisions of this planned development district shall apply.
(2) 
The Town of Malta Code as set forth therein is amended to allow for the construction of a bank, with a drive-through window in substantial conformance with the attached Appendix AA.[7] It is noted that the drive-through is being located as placed on the plans because an existing building is being modified.
[7]
Editor's Note: Appendix AA is on file in the Town offices.
(3) 
Development area and uses. The Saratoga Village PDD uses are hereby amended to allow for the construction of a bank and drive-through window in the northwest area of the planned development district in the existing structure as set forth on Appendix AA.
(4) 
Development requirements and construction specifications; site plan; certificate of occupancy.
(a) 
The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix AA, including landscaping, sidewalk, architectural elements, colors, pavement markings and signage.
(b) 
This bank shall be subject to site plan review by the Planning Board of the Town of Malta.
(c) 
The developer shall provide a sidewalk pursuant to the Town of Malta requirements as set forth on Appendix AA. This sidewalk shall be completed, or a bond in a form and amount acceptable to the Town of Malta posted, prior to the issuance of a certificate of occupancy.
(d) 
The developer shall also be required to insure that the previous amendment to this planned development district enacted in 2008 concerning a landscaping buffer along Interstate 87, requiring the planting of various species of trees and other vegetation, shall be completed prior to the issuance of a certificate of occupancy for the bank. This buffer shall be completed by June I, 2009, or a bond, as set forth below, shall be posted.
(e) 
If applicable, a final stormwater management report plan shall be submitted for review and approval by the Town during site plan review. A NYS Department of Environmental Conservation response letter of the notice of intent and stormwater pollution prevention plan shall be filed with the Malta Building and Planning Department as required by law.
(5) 
Building code. All structures will be constructed in accordance with the building codes as adopted by the Town of Malta.
(6) 
Performance bonds or letters of credit. The developer shall file original bonds or letters 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 Supervisors, Town Engineers and Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district local law prior to issuance of a certificate of occupancy, including but not limited to the following:
(a) 
The required sidewalk, as set forth above;
(b) 
The landscaping buffer required by a previous 2008 amendment of this planned development district, which shall be completed by June 1, 2009, or a bond shall be required to be posted;
(c) 
Satisfactory completion of the stormwater management system and required infrastructure items, and other items identified by the Planning Board during site plan review.
(7) 
SEQRA. The Malta Town Board finds that this project is in compliance with the Town of Malta FGEIS enacted on April 3, 2006, and Statement of Findings adopted June 5, 2006, and pursuant to the State Environmental Quality Review Act adopts a negative declaration and declaration of nonsignificance concerning this project, a copy of which is annexed hereto and made a part hereof and designated Appendix AA. The developer agrees to comply with all of the mitigating measures which are a part thereof, at no cost to the Town. No certificate of occupancy will be issued until the mitigating measures are complete.
(8) 
Severability. If any provisions of this local law shall be held invalid in an appropriate court proceeding, the remainder of this local law shall not be affected thereby.
[1]
Editor's Note: This section was amended 10-6-2008 by L.L. No. 8-2008 by the addition of two renderings which are on file in the Town offices.
[Adopted 4-5-1988 by Ord. No. 1-1988]
A. 
This ordinance shall be known and may be cited as "Ordinance No. 19 of 1988 of the Town of Malta," amending the Zoning Ordinance of the Town of Malta as adopted January 3, 1967, and this ordinance does provide for the creation of a Planned Development District No. 19 which is to be known as the "King Fuels, Exit 12 Planned Development District."
B. 
The Town of Malta Zoning Ordinance of the Town of Malta as adopted January 3, 1967, and the Zoning Map of the Town of Malta as attached thereto are hereby are amended by changing the parcel hereinafter described from the existing R-1 Residential and/or Agricultural District parcel to a Planned Development District to be known and described as "King Fuels, Exit 12 Planned Development District."
C. 
The area of the planned development district consists of approximately nine acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (site plan prepared by Paul D. Primeau, dated November 1987) attached hereto and made a part hereof. The area of the planned development district is generally described as being located in the northeast quadrant of the intersection of Route 67 and Exit 12 of the Northway.
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The uses contemplated by the developer are the retail sale of motor vehicle fuel and a retail store consisting of 1,200 square feet, with two rest rooms and no counter space, for the sale of such items as nonalcoholic beverages, ice cream, milk, bread, cigarettes, candy bars, etc. The developer will be authorized to reconstruct the existing facility in a colonial motif, with a one-thousand-two-hundred-square-foot store, together with parking and driveway area as set forth in the annexed Appendix A. The developer shall be authorized to reconstruct said existing facility as set forth in this section, and the uses permitted in this section, and no others. A so-called "truck stop" will not be allowed as a use in this planned development district. No parking shall be allowed along the westerly or Northway side of the site.
E. 
The outside storage of products or equipment shall be permitted on the premises. Any dumpster or other receptacle for trash shall be enclosed.
F. 
All utilities shall be installed underground. All parking and driveway areas on the site shall be paved to an appropriate depth.
G. 
Water will be supplied by an on-site well, and sanitary sewer will be treated by an individual sanitary sewer system, and all appropriate written approval shall be obtained from the appropriate authorities and the Town Engineers prior to the issuance of any building permit or certificate of occupancy.
H. 
All buildings shall be constructed in accordance with the New York State Building and Fire Code and approved by a duly licensed engineer or architect. All construction shall be performed subject to the direction of a duly licensed engineer or architect, and when completed shall be certified as having been constructed in full compliance with the New York State Building and Fire Code. All construction shall be subject to the inspection and approval of the Town Building Inspector.
I. 
No building permit or certificate of occupancy shall be issued for this project until the following conditions have been met:
(1) 
Final approval of the site plan by the Town Planning Board in accordance with Article VI of the Town Zoning Ordinance.
(2) 
Submission and final approval of a landscaping plan to the Town Engineers and the Town Planning Board, and posting of a letter of credit in an amount to be established by the Town Planning Board concerning said landscaping plan.
(3) 
High-rise sign currently located on the premises shall be removed. Any signage thereafter erected shall comply totally with the existing signage requirements of the Town of Malta.
(4) 
All requirements of the Town Planning Board as set forth in the minutes of its January 19, 1988, meeting shall be met.
(5) 
Submission to and final approval of a drainage plan by the Town Engineers and the Town Planning Board, and the posting of any letter of credit which might be deemed appropriate by the Town Planning Board concerning said drainage plan.
J. 
If any provision of this ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this ordinance shall continue in full force and effect.
K. 
This ordinance shall take effect 10 days after approval by the Town Board and the publishing in the official newspapers of the Town of Malta as required by law.
[Adopted 5-3-1988 by Ord. No. 3-1988]
A. 
This ordinance shall be known as "No. 3 of 1988," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 20, Laurel Acres Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 to a Planned Development District to be known and described as "Planned Development District No. 20, Laurel Acres, Town of Malta."
C. 
The area of the planned development district consists of 60.59 plus/minus acres situated on the north side of East High Street, Town of Malta, County of Saratoga, State of New York, as set forth in the plan dated April 26, 1988, and prepared by the Environmental Design Partnership, which plan is incorporated herein by reference, provided, however, that the requirements as set forth in this ordinance shall control in the event of any discrepancy between said plan and this ordinance.
D. 
There shall be constructed within the above-described area only single-family detached dwellings. The exact sizes and configurations of the lots in said planned development district shall be as determined by the Town of Malta Planning Board, which shall retain final site plan approval over this project, and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board; provided, however, that in no event shall any lot be less than 18,000 square feet, with the average lot size in no event being less than 20,000 square feet, and further provided that in no event shall any lot have less than 80 feet of frontage, and in no event shall the average frontage for all lots be less than 100 feet.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Zoning Inspector for any buildings to be constructed on the premises herein described. Sewer service will be provided by on-site individual septic systems. Water service will be provided by the creation of a private water company to be developed by the owner of said planned development district. The water system, as developed, will be interconnected with the Pine North Development Water System, so that the water system developed for Laurel Acres can provide water to Pine North in the event of an emergency. An interconnection between the system to be developed for Laurel Acres and the plan currently being developed by Frank Petar shall be offered to said Frank Petar. All necessary approvals concerning said water system and any connections or interconnections of the water system as herein set forth will be obtained from the appropriate state and local authorities.
F. 
Fire protection will be provided by fire hydrants which will be installed in the water system, so that no hose lay to any structure in the planned development district will exceed 500 feet. A fire pump will be located at the storage tank which is to be a part of the water system, and the appropriate fire authorities shall have access to said fire pump, and will be able to activate it as necessary. The system when such pump is activated will provide a minimum flow of 400 gallons per minute for one hour at the farthest hydrant from the storage tank and fire pump. All hydrant installations will be inspected and approved by the Town Engineer, and a satisfactory hydrant flow test will be run before any certificates of occupancy are issued by the Town of Malta Building Inspector.
G. 
There will be a minimum front yard setback of 30 feet for all dwellings to be constructed in the above-described premises. There will be a minimum side yard setback of 15 feet for all dwellings to be constructed in the above-described premises, and a minimum rear yard setback of 30 feet for all dwellings to be constructed in the above-described premises.
H. 
The lot as proposed in the plan herein at the southeast corner of the planned development district, immediately adjacent to lands designated thereon as "Lands N/F Frank W. Deuel and Helen Deuel," shall be eliminated.
I. 
There shall be a minimum of two additional driveways accessing East High Street. The new road as proposed in this planned development district shall also have two access points on East High Street.
J. 
The road proposed in said planned development district shall be constructed in accordance with the requirements of the Town of Malta Subdivision Regulations[1] and the building and construction specifications of the Town concerning the construction of roads; the developer shall offer said roads as public roads to the Town of Malta, without cost. The developer shall post a letter of credit or bond, pursuant to the Town of Malta Subdivision Regulations, in an amount to be established by the Town Engineers prior to the issuance of any building permit, provided that one building permit may be issued for one model home, which building permit will expire 60 days after its issuance, unless the letter of credit or bond required by this section shall have been posted, to ensure proper completion of the road to be constructed in this planned development district, with said letter of credit or bond to extend for at least one year past the time when said road is accepted by the Town of Malta as a public highway, which letter of credit or bond may be extended, at the option of the Town Board of the Town of Malta, for an additional one-year period.
[1]
Editor's Note: See Ch. 143, Subdivision of Land.
K. 
The Town of Malta shall be paid the sum of $200 per lot in lieu of setting aside any recreational areas.
L. 
The developer shall provide at least four trees per lot developed hereunder.
M. 
The Malta Town Planing Board shall make provisions in its final site plan review for the planting of trees and shrubbery as they so determine, with particular emphasis on the westerly boundary of said planned development district, and a letter of credit or bond shall be provided for said shrubbery as may be deemed necessary by the Town of Malta Planning Board, and in an amount to be established by the Town Engineers.
N. 
Any utilities to the subject premises shall be installed underground.
O. 
A ten-foot strip of land, adjacent to East High Street and between the property designated on the plans herein as "Lands N/F Frank W. Deuel and Helen A. Deuel" and lands designated thereon as "Lands N/F The Malta Ridge Cemetery Association," shall be conveyed to the Town. This strip of land shall be approximately 86 feet long by 10 feet wide. It is the intention of this section to convey a strip of land from the southeasterly corner of the planned development district, where the planned development district abuts East High Street.
P. 
No commercial uses shall be permitted in this planned development district.
Q. 
All buildings will be constructed in accordance with the New York State Building and Fire Codes and approved by a duly licensed engineer or architect. All construction shall be performed subject to the direction and control of a duly licensed engineer or architect, and when completed shall be certified as having been constructed in full compliance with the New York Sate Building and Fire Code. All construction shall be subject to inspection and approval of the Town Building Inspector.
R. 
Except as herein amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.
S. 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
T. 
This ordinance shall take effect 10 days after the approval of the Town Board and the posting in the official newspapers of the Town of Malta as required by law.
[Adopted 11-29-1988 by Ord. No. 7-1988]
A. 
This ordinance shall be known as "No. 7 of 1988," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 21, Knolls Eleven Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 to a Planned Development District to be known and described as "Planned Development District, Knolls Eleven Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 72.2 acres in the Town of Malta, County of Saratoga, State of New York, situate on the west side of Ruhle Road and south side of Miller Road as set forth in the plan dated November 9, 1988, and placed on file with the Planning Board of the Town of Malta.
D. 
There shall be constructed within the above-described area 101 single-family dwellings, all as set forth on the plan dated November 9, 1988, and prepared by ABD Engineers & Surveyors, and placed on file with the Town Planning Board of the Town of Malta. The exact size and configurations of the lots herein shall be determined by the Malta Town Planning Board who shall retain final site plan approval and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained by the applicant, at its expense, from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Building Inspector for any buildings to be constructed on the herein-described premises. The water and sewer services for said buildings shall be provided by the Country Knolls Water Works, Inc., and Country Club Acres, Inc.
F. 
There shall be a minimum lot size of not less than 40,000 square feet on all lots fronting Miller and Ruhle Roads. All other lots in the planned development district shall have a minimum size of no less than 18,000 square feet. The minimum lot frontage shall be 100 feet at building line; the yard setback shall be 15 feet; the minimum front yard setback shall be 40 feet; and the minimum rear yard setback shall be 15 feet for any structure including accessory buildings. All lots in the interior shall average not less than 22,000 square feet.
G. 
All drainage easements shall be a minimum of 25 feet in width, 12.5 feet from the center line of the pipe or ditch, and, in addition to the easements for ditches and pipes, the developer shall convey to the Town of Malta a twelve-foot-wide easement around the perimeter of any detention pond or ponds.
H. 
All utilities including but not limited to gas, electric, etc., shall be serviced by underground pipes, wires and conduits.
I. 
The developer shall provide to the Town of Malta a right-of-way to adjacent lands of Rosell on the west, sufficient for future construction of a Town road.
J. 
The developer shall provide to the Town of Malta at the time of issuance of a building permit for the planned development district the sum of $200 per lot, such sum to be known as a "recreation fee."
K. 
The application fee for this application, payable at the time of approval of said planned development district, shall be calculated as follows: $800 for the first 10 lots and $50 for each lot thereafter.
L. 
The Town of Malta Planning Board shall establish minimum landscaping requirements for each lot.
M. 
The developer shall minimize the removal of vegetation where practical (to be approved by the Planning Board).
N. 
The developer shall include sufficient landscaping to offset removal of vegetation (to be approved by the Planning Board).
O. 
The developer shall design and construct roadways and other infrastructure components in accordance with the Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 143, Subdivision of Land.
P. 
No Sunday construction shall be allowed.
Q. 
A soil conservation plan shall be submitted by the developer at the site plan approval stage (to be approved by the Planning Board).
R. 
The construction schedule shall minimize interference with both existing and new adjacent dwellings (to be approved by the Planning Board).
S. 
The water system shall be looped through the Hearthwood Development to enhance the system.
T. 
The water system installed in this planned development district shall provide for fire hydrants and the operation thereof in accordance with I.S.O. standards and flow requirements.
U. 
The Town of Malta shall be given a permanent easement over the area or areas of the detention pond or ponds and easement for access to said pond or ponds and easements to all drainage to and from said pond or ponds, all in accordance with the stormwater management plan herein.
V. 
Water and sewer service is to be provided to adjacent properties on Ruhle and Miller Roads as permitted by governing agencies. Lines from street or road to dwelling shall be installed at the homeowners' expense.
W. 
This project shall include the construction of a series of detention ponds which allow for the release of stormwater for a twenty-five-year storm event at rates which are equal to or lower than predevelopment rates (predevelopment rate as established in the stormwater management report), and the Town shall be given a permanent easement over the area or areas of the detention pond or ponds and easements for access to said pond or ponds all in accordance with the stormwater management plan herein.
X. 
The detention ponds must be constructed as part of the planned development district on lands owned by the developer on the east side of Ruhle Road.
Y. 
Easements shall be granted for all drainage structures (pipes, swales or catch basins) which do not fall within a proposed right-of-way.
Z. 
Should the development plan be altered by site plan approval by the Planning Board, the stormwater management plan must be updated to reflect the increase or decrease of runoff (to be approved by the Planning Board).
AA. 
The developer herein shall convey a strip of land 10-1/2 feet wide on the east side of Ruhle Road for the entire length of the developer's ownership. The strip herein is to be deeded to the Town of Malta for highway purposes. In addition, the developer shall convey to the Town of Malta a five-and-one-half-foot strip on the south side of Miller Road for the entire length of developer's ownership; the strip herein is to be given to the Town of Malta for highway purposes.
BB. 
A traffic signal will be required at the intersection of Ruhle, Round Lake and Raylinski Roads. The developer shall contribute the sum of $5,000 to the Town of Malta, which amount shall be used toward a traffic signal at the intersections of Ruhle, Round Lake and Raylinski Roads. Said amount is to be paid at the time of approval of the planned development district.
CC. 
The Malta Town Planning Board shall make provisions in its final site plan review for planting of trees and other landscaping to implement landscaping as shown on the map dated November 9, 1988, and a letter of credit will be provided to the Town of Malta in an amount determined by the Town Engineer, all prior to the issuance of any building permit.
DD. 
The developer shall provide a letter of credit in an amount determined by the Malta Town Planning Board to ensure proper completion of all roads to be constructed in this planned development district.
EE. 
The developer must furnish to the Town of Malta a letter of credit in an amount approved by the Town Engineer and Highway Superintendent for all necessary road improvement on Ruhle Road from Round Lake Road to Miller Road, said road to be paved a minimum of 24 feet wide. All other improvements shall be in accordance with the Town specifications and approved by the Town Engineer and Highway Superintendent. The letter of credit herein shall be for a maximum of five years and issued prior to the approval of any building permits; the Town of Malta may require road construction at any time within the five-year period.
FF. 
During the course of construction of the planned development district herein, the developer shall be responsible for the maintenance of Ruhle Road from Round Lake Road to Miller Road, and Miller Road from Ruhle Road to East Line Road with exception of snowplowing.
GG. 
No permanent structures except detention ponds and related appurtenances may be constructed within the three-hundred-foot buffer zone along Interstate 87 (Northway).
HH. 
The developer is required to notify each original owner of any lot in this planned development district that there may be future development on the east side of Ruhle Road, which development may include such items as a golf course, single-family residence, townhouses, cluster buildings, patio houses, etc.
II. 
At the time of formal application for development of 48 plus or minus acres on the east side of Ruhle Road, if such application includes provisions for a golf course, an integrated pest management plan must be submitted to and approved by the Soil Conservation Service.
JJ. 
Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.
KK. 
No commercial uses shall be permitted in the Knolls Eleven Planned Development District, Town of Malta, Saratoga County, New York.
LL. 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
[Adopted 2-6-1990 by Ord. No. 4-1990]
A. 
This ordinance shall be known as "No. 4 of 1990," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 22, State Farm Mutual Automobile Insurance Company Planned Development District, Town of Malta.
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from District R-1 Agricultural and/or Residential as is now zoned, and creating within the boundaries of said above-described area a planned development district to be known and described as "Planned Development District No. 22, State Farm Mutual Automobile Insurance Company Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 192.752 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) attached hereto and made a part hereof. Preparation of all deeds, abstracts of title, surveys and related documents shall be at the developer's expense and shall further be subject to review and approval by the Town of Malta Town Attorney. Excluding the approximately 21.4 plus/minus acres which have been rated as a Class 3 wetland by the New York State Department of Environmental Conservation and the approximately 32 plus/minus acres designated as undeveloped green space on Appendix B[2] (Map entitled "State Farm Mutual Automobile Insurance Company Planned Development District," dated February 6, 1990) attached hereto and made a part hereof, the ratio of green area to developed area will be no less than 60% green to 40% developed as averaged over the entire Planned Development District.
[1]
Editor's Note: Appendix A is on file in the Town offices.
[2]
Editor's Note: Appendix B is on file in the Town offices.
D. 
The developer (the term "developer" shall mean the developer, its successors and/or assigns) shall be authorized to develop the project in multiple phases, as follows:
(1) 
Initial phase.
(a) 
Initial development of the site will include the North Atlantic Regional Office of State Farm Mutual Automobile Insurance Company. The initial regional office building will contain approximately 325,000 square feet of building area. The building is planned and designed for horizontal expansion to approximately 535,000 square feet of floor area. Both the initial construction and planned expansion will be substantially a two-story configuration with a maximum height of 16 feet per story except for the stockroom, atrium and lobby, which shall be 32 feet. Mechanical air-handling units will be located in a roof-mounted penthouse, containing approximately 16,500 square feet of space, which will have a maximum height of approximately 24 feet. The maximum building height from entry level, including mechanical penthouse, will be approximately 56 feet.
(b) 
The developer is authorized to construct the State Farm North Atlantic Regional Office Building. Approximately 63.2 plus/minus acres of the entire site will be utilized by State Farm as set forth in Appendix B.[3] Parking for approximately 1,038 vehicles will be provided. The planned development district will be provided with water and sewer as set forth in Subsection H hereof.
[Amended 5-8-1991]
[3]
Editor's Note: Appendix B is on file in the Town offices.
(c) 
A U-shaped site access road is planned to provide access to all sites within the planned development district. This access road will be constructed to Town of Malta specifications and it is anticipated that the road may be offered to the Town of Malta for dedication without cost to the Town. The Town has no obligation to accept the road if offered for dedication, but may require its dedication at its option. The paved roadway and right-of-way will cover about 7.9 plus/minus acres. The access road will provide two entrances to New York Route 67. The easterly access will become a primary site entrance. Traffic mitigation measures will include the following:
[1] 
New York Route 67 and I-87 southbound ramp: add a channelized right-turn lane to the New York Route 67 eastbound approach with an acceleration lane onto the ramp.
[2] 
New York Route 67 and State Farm east entrance:
[a] 
The access road will contain a left-turn and right-turn lane on the northbound approach. The right-turn lane will lead in a new eastbound lane on New York Route 67, thus providing a free right-turn movement.
[b] 
There will be two southbound lanes on the access road as far as the driveways to the first development sites. There may also be a need for a northbound left-turn lane included at the driveway intersections.
[c] 
Add a left-turn lane to the New York Route 67 westbound approach. This lane will be at least 350 feet in length and will be wholly along the PDD road frontage.
[d] 
Add a right-turn lane to the New York Route 67 eastbound approach.
[e] 
A traffic signal will be installed and monitored to determine the need for its operation during off-peak hours.
[3] 
New York Route 67 and State Farm west entrance: The northbound approach will contain a left-turn and a right-turn lane. There will be a right-turn lane added to the New York Route 67 eastbound approach.
[4] 
New York Route 67 and New York Route 50: The eastbound and westbound left-turn lanes will be marked or signed.
(d) 
No certificate of occupancy will be issued until all of the above traffic mitigation measures have been completed.
(e) 
All of the above traffic mitigation measures shall be designed and built by the developer at its cost in accordance with New York State Department of Transportation specifications and requirements.
(2) 
Site expansion phase.
(a) 
The site expansion phase may consist of a hotel/restaurant/conference center in the northeast quadrant of the site in Appendix B.[4] The hotel/restaurant/conference center will contain a maximum of 90,000 square feet of building area to accommodate a maximum of 300 rooms, a restaurant and conference facilities. The hotel/restaurant/conference center will be a maximum of five stories or 54 feet in height to the eave with appropriate parking provided.
[Amended 3-5-2007 by L.L. No. 4-2007]
[4]
Editor's Note: Appendix B is on file in the Town offices.
(b) 
The developer may construct up to five office sites within the planned development district in the areas designated "Future Office Development" in Appendix B. The square footage of the buildings will not exceed a total of 565,000 square feet and no building will exceed two stories or 32 feet in height. The number of parking spaces will be determined and contingent upon building size and use. The Town Board shall conduct a public hearing on the preliminary development plans for any office sites. The developer shall at such hearing be given the opportunity to present its proposal to the Town Board which will take into consideration the information presented by the developer and the viewpoints of the public which are expressed at the public hearing. The Town Board may approve the plans as presented, approve them subject to certain specified modifications or may disapprove the plans.
(c) 
The developer may construct service-oriented sites within the planned development district in the area designated as "service-oriented site" in Appendix B[5] also known as 10 State Farm Place.
[Amended 5-3-2010 by L.L. No. 5-2010]
[1] 
The service-oriented uses allowed at 10 State Farm Place are as follows:
[a] 
Bank;
[b] 
Business office;
[c] 
Day-care center, adult or child;
[d] 
Fitness center;
[e] 
Mailing center: an establishment to provide office support services, including overnight and parcel shipping, photocopying, printing or other office-related reproduction services, or computer and internet access services;
[f] 
Medical equipment provider: an establishment for the sale or rental of medical or dental supplies and equipment to medical providers or to the general public when concurrent with existing professional offices;
[g] 
Professional office;
[h] 
Restaurant or restaurant, fast food (up to a maximum of 3,000 square feet);
[i] 
Technology/research office.
[2] 
Unless otherwise defined herein, the definitions for these uses are found in the Town of Malta Code § 167-2.
[3] 
The service-oriented site located at 10 State Farm Place will contain no more than a maximum footprint of 20,000 square feet, with the square footage of the entire building not to exceed 30,000 square feet. The buildings will be a maximum of two stories or 32 feet in height with appropriate parking spaces. The developer shall install a pedestrian sidewalk along the western and southern portions of 10 State Farm Place, which shall be reviewed and approved during site plan review of the Town of Malta Planning Board. The Town Board shall conduct a public hearing on the preliminary development plans for any service-oriented sites. The developer shall at such hearing be given the opportunity to present its proposal to the Town Board which will take into consideration the information presented by the developer and the viewpoints of the public which are expressed at the public hearing. The Town Board may approve the plans as presented, approve them subject to certain specified modifications or may disapprove the plans.
[5]
Editor's Note: Appendix B is on file in the Town offices.
(d) 
Prior to the development of the site expansion phase, the following highway improvements shall be constructed: add separate left-turn lanes to the eastbound (New York Route 67) and westbound (Dunning Street) approaches to Route 9; upgrade traffic signal at the intersection as required; and make additional highway improvements that may be necessary to maintain predevelopment level of service. The developer will fund and carry out its fair share of the above-referenced roadway improvements and all necessary right-of-way acquisitions associated with these improvements in accordance with state, County and AASHTO specifications. Formal plans and specifications will be submitted to the NYSDOT for review and approval. The Town of Malta shall have the authority in its sole and responsible discretion to determine "fair share" of the developer or developers for any transportation-related improvements.
(3) 
State farm expansion phase. The developer is authorized to construct the expansion of the North Atlantic Regional Office of State Farm to approximately 525,000 square feet of floor area as referenced in Subsection D(1) above. No certificate of occupancy will be issued until all of the traffic mitigation measures as set forth in Subsection D(1) above have been completed.
E. 
Specific lot sizes and dimensions that may be associated with each of the buildings constructed within this planned development district shall be determined at the time of site plan review. Approval by the Planning Board of the individual buildings and associated parking areas, green areas and lot lines after an appropriate public hearing pursuant to the Town of Malta Subdivision Regulations[6] shall be deemed approval of subdivided lots within this planned development district. Any sale or lease to any third party shall be subject to the terms and conditions of this ordinance.
[6]
Editor's Note: See Ch. 143, Subdivision of Land.
F. 
The entire project shall consist of buildings not to exceed a total of 1,200,000 square feet. Parking spaces shall conform to the requirements established by the Town Planning Board during the site plan review process.
G. 
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan for approval by the Town Planning Board in accordance with the Town Zoning Ordinance. A soil conservation disturbance plan shall be submitted at the site plan approval stage for the approval of the Town Planning Board. No building permit shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. The specific details concerning the work allowed pursuant to such permits and any bonds which may be required shall be established by the Planning Board during the site plan review process.
H. 
Water for the initial regional office building, and planned expansion thereto, as outlined in Subsection D(1) hereof, will be provided from an on-site source, which source must be approved by all appropriate state and local authorities, including but not limited to the New York State Department of Health, before any certificate of occupancy for said initial regional office building will be offered. For so long as on-site sources are providing water to any portion of the project, the monitoring wells designated "NE" and "NW" will remain in place, and appropriate tests of said monitoring wells will be conducted in March, June, September, and December of each year, with results of such tests to be submitted to the Town Board of the Town of Malta as soon as they are available. In the event that the results of such tests show adverse impacts on surrounding wells, appropriate mitigation measures may be required to be completed by State Farm Mutual Automobile Insurance Company. Water for any additional development beyond the initial regional office building, and planned expansion thereto, will be supplied by either an approved municipal water system or an approved private water company. Sanitary sewers will be constructed throughout the site as required during development phases and sewerage disposal will be provided by connection to the County sewer system. The connection to the existing system will be provided by the developer at its expense. All sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1, and will be offered to the County sewer district without cost.
[Amended 5-8-1991]
I. 
All buildings will be constructed in accordance with New York State Building and Fire Codes and will be sprinkled with systems approved in writing by the appropriate volunteer fire department. No supplemental fire water storage will be required for such buildings, except the building in the initial phase, and the State Farm expansion phase and unless such storage is required by appropriate codes. All blueprints and building specifications shall be signed and sealed by a New York State licensed engineer and architect. All construction shall be subject to the inspection and approval of the Town Building Inspector and/or designated Engineer. The reasonable costs of said engineering inspections shall be borne by the developer.
J. 
All utilities shall be installed underground.
K. 
Signs.
[Amended 5-3-2010 by L.L. No. 5-2010]
(1) 
All signs within the district shall comply with the commercial portion of the Sign Ordinance.[7]
[7]
Editor's Note: See § 167-27, Signs.
(2) 
The signs allowed for 10, 25 and 40 State Farm Place shall be as follows:
(a) 
The allowances and requirements set forth in the Malta Town Code § 167-27, Signs, together with Attachments 3.0 and 3.1 for the area known as C-7 shall apply for 10, 25 and 40 State Farm Place. Included in the allowance of a maximum of 120 square feet of wall signs for each of 10 and 25 State Farm Place, the developer shall be allowed one sign up to 60 square feet on the north side of each of 10 and 25 State Farm Place. All signs are subject to site plan review and approval by the Town of Malta Planning Board.
L. 
No buildings, signs, structures, roads or other paved surfaces will be constructed within the three-hundred-foot setback from the edge of the pavement of the Northway as required by the Town. The three-hundred-foot buffer along Interstate Route 87 shall also be a no-cut buffer, except as may be modified by the Town of Malta Planning Board at site plan review. “No cut” shall mean no cutting or removal of any live existing vegetation, except pursuant to a defined forestry management plan that has been approved by the Town of Malta, or except as allowed and provided for in any site plan approval.
[Amended 3-5-2007 by L.L. No. 4-2007[8]]
[8]
Editor’s Note: The resolution adopting this local law also provided that the Town Board shall approve architectural plans for the hotel prior to the project commencing site plan review.
M. 
The building setback line on New York State Route 67 shall be 200 feet from the existing center line of New York State Route 67. No buildings, structures, roads or other paved surfaces will be constructed within the two-hundred-foot setback. Any land deemed necessary for the expansion of New York State Route 67 within the planned development district shall be conveyed to the Town or other appropriate governmental entity at the request of the Town. The two-hundred-foot setback line from Route 67 shall be a no-cut buffer, except as may be modified by the Town of Malta Planning Board at site plan review. If the buffer is disturbed, it should be replaced with quality green as that term is defined in the Town of Malta Comprehensive Plan.
[Amended 3-5-2007 by L.L. No. 4-2007; 5-3-2010 by L.L. No. 5-2010]
N. 
All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the requirements of the Town and shall be approved by the Town Engineers.
O. 
Future site development on either individual or collective parcels shall limit postdevelopment runoff to predevelopment levels based on a twenty-four-hour storm with a twenty-five-year return period.
P. 
State Farm will actively encourage employee membership in the Town fire companies and ambulance corps and will allow reasonable time for employee training and employee response to emergencies.
Q. 
Granting of easements.
(1) 
The developer has agreed to provide the present adjoining landowners, Orlando Woodruff and Martha Woodruff, their heirs, executors, administrators, assigns, legatees or devisees, with a permanent easement for the construction of an entrance road to their property and has also agreed to provide a twenty-five-foot-wide easement for water and sewer lines.
(2) 
The developer has also agreed to provide Ted Willette and Shelley M. Willette, their heirs, executors, administrators, assigns, legatees and devisees with a fifteen-foot-wide driveway easement for as long as their parcel remains a residential parcel.
R. 
This ordinance shall take effect 10 days after approval of the Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
S. 
Upon application of a developer to construct a hotel/restaurant/conference center, said application shall be first submitted for review and approval regarding the architecture and design to the Town Board of the Town of Malta. Upon receiving comments and approval from the Town Board of the Town of Malta, the application shall then be submitted to the Planning Board of the Town of Malta for site plan review.
[Added 3-5-2007 by L.L. No. 4-2007]
[Adopted 7-3-1990 by Ord. No. 7-1990]
A. 
This ordinance shall be known as "No. 7 of 1990," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 23, Brownell Farms Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 to a planned development district to be known and described as "Planned Development District No. 23, Brownell Farms, Town of Malta."
C. 
The area of the planned development district consists of 93 plus or minus acres situated on the east side of Brownell Road 3,500 plus or minus feet south of East High Street, Town of Malta, County of Saratoga, State of New York, as set forth on a map entitled "Brownell Farms Residential Planned Development District," dated June 25, 1990, which map is annexed hereto and made a part hereof, and designated as Schedule A.[1]
[1]
Editor's Note: Schedule A is on file in the Town offices.
D. 
The above-described area shall be divided into not more than 33 building lots. There shall be constructed within the above-described area only single-family detached dwellings. The exact sizes and configurations of the lots in said planned development district shall be as determined by the Town of Malta Planning Board, which shall retain final site plan approval over this project, and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board; provided, however, that in no event shall any lot be less than 24,000 square feet, with the average lot size in no event being less than 40,000 square feet, and further provided that in no event shall any lot have less than 100 feet of frontage, and in no event shall the square footage for a two-story dwelling be less than 1,800 square feet of living space and in no event shall the square footage for one-story dwelling be less than 1,400 square feet of living space. No building permit or certificate of occupancy will be issued on a lot containing a critical slope, defined for the purposes hereof to mean a slope of 15% or more, which critical slopes are set forth on the annexed Exhibit A,[2] until the Town Engineer has reviewed and approved plans for the building proposed for the lot, to ensure that the plans for the construction of the building proposed meet or exceed accepted engineering standards for the safety of buildings constructed on such slopes.
[2]
Editor's Note: Exhibit A is on file in the Town offices.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Building Inspector for any buildings to be constructed on the premises herein described. Sanitary waste disposal will be provided by on-site individual septic systems. Dry sewer lines will be installed in the event that a private or municipal sewer system becomes available. Water service will be provided by interconnection with the Northwood Water Company. All necessary approvals concerning said interconnection will be obtained form the appropriate state and local authorities, and the actual interconnection will be completed, prior to the issuance of any certificate of occupancy by the Town of Malta. The Northwood Water Company water system will be interconnected with the Pine North Development water system, so that the water from said system can provide water to Pine North, prior to the issuance of any certificate of occupancy by the Town of Malta for any home which is built pursuant hereto. Water hookups will be made available to the owners of any land abutting the route of the new water main from Northwood Water Company, with one hookup to be provided for each currently existing parcel of land. The cost for any such hookup shall be borne by the individual property owner; provided, however, that in no event shall any fee be charged for a water hookup which is greater than that authorized by the New York State Public Service Commission or other appropriate authority. Each individual property owner qualifying pursuant to the terms hereof to obtain water will be notified of the availability of said water by the builder, by certified mail. Copies of the notifications sent pursuant to this subsection will be filed with the Town Building Department.
F. 
Fire protection will be provided by fire hydrants which will be installed in the water system, so that no hose lay to any structure in the planned development district will exceed 500 feet. A fire pump will be located at the storage tank in the development known as "Laural Acres," which is to be a part of the water system. The system will provide a minimum flow of 400 gallons per minute for one hour at the farthest hydrant from the storage tank and fire pump. All hydrant installations will be inspected and approved by the Town Engineer, and a satisfactory hydrant flow test will be run before any certificates of occupancy are issued by the Town of Malta Building Inspector. Fire hydrants will be installed on the proposed water main running in the Town right-of-way on Brownell Road, with a maximum of 800 feet between said hydrants.
G. 
There will be a minimum front yard setback of 50 feet from the front yard boundary for all dwellings to be constructed in the above-described premises. There will be a minimum side yard setback of 15 feet from the side yard boundary line for all dwellings to be constructed in the above-described premises, and a minimum rear yard setback of 30 feet from the rear yard boundary for all dwellings to be constructed in the above-described premises. As individual building plans, with actual foundation locations, are submitted to the Town of Malta Building Inspector, said Building Inspector shall assure that the setbacks from the front yard boundary line will be staggered, so that no two lots which are adjacent and fronting on the same road will have the same setback from the front boundary; provided, however, that nothing in this sentence will be deemed to in any way reduce the minimum front yard setback as set forth herein.
H. 
The improvements to be constructed within the planned development district shall be constructed in two phases, with the first phase consisting of all buildings located in Phase I as set forth on the annexed Schedule A,[3] and the second phase consisting of all buildings located in Phase II as set forth in the annexed Schedule A. No building permit or certificate of occupancy will be issued by the Town of Malta for any building proposed to be built in the second phase until the Town of Malta has approved the second phase and authorized the issuance of building permits and certificates of occupancy, and the Town will not so authorize the issuance of building permits or certificates of occupancy in the second phase until the certificates of occupancy have been issued on a minimum of 50% of the buildings to be built in the first phase. The Town Board may, in its absolute discretion, approve, approve with conditions and/or modifications or deny any application in the second phase of the planned development district.
[3]
Editor's Note: Schedule A is on file in the Town offices.
I. 
The planned development district shall have two access points on Brownell Road. The Planning Board, during the site plan review process, will determine the location of the two access points. No individual driveways from the planned development district will directly access Brownell Road.
J. 
The road proposed in said planned development district shall be constructed in accordance with the requirements of the Town of Malta Subdivision Regulations[4] and the building and construction specifications of the Town concerning the construction of roads; the developer shall offer said roads as public roads to the Town of Malta, without cost. The developer shall post a letter of credit or bond, pursuant to the Town of Malta Subdivision Regulations, in an amount to be established by the Town Engineers prior to the issuance of any building permit, provided that one building permit may be issued for one model home, which building permit will expire 60 days after its issuance, unless the letter of credit or bond required by this section shall have been posted, to ensure proper completion of the road to be constructed in this planned development district, with said letter of credit or bond to extend for at least one year past the time when said road is accepted by the Town of Malta as a public highway, which letter of credit or bond may be extended, at the option of the Town Board of the Town of Malta, for an additional one-year period.
[4]
Editor's Note: See Ch. 143, Subdivision of Land.
K. 
The Town of Malta shall be paid the sum of $200 per lot, with said sums to be applied to the Town's recreational fund.
L. 
Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board. The developer shall post a bond or a letter of credit in an amount to be established by the Town Engineers prior to the issuance of any certificate of occupancy, to ensure the proper completion of said landscaping, as established by the Town of Malta Planning Board, with said letter of credit or bond to extend at least one year past the time when a certificate of occupancy shall have been issued on the lot in question. No stumps, debris or other materials will be deposited in the gullies and ravines located in the planned development district.
M. 
Any utilities in the subject premises shall be installed underground. All utilities, including but not limited to television cables, will be installed in the right-of-way of the road proposed in said planned development district before said road shall be completed and offered to the Town of Malta.
N. 
Subject to the reservation and exercise of water rights by the developer in the designated wetlands area, no commercial uses shall be permitted in this planned development district.
O. 
All buildings will be constructed in accordance with New York State Building and Fire Codes and approved by a duly licensed engineer or architect. All construction shall be subject to inspection, approval and the issuance of certificates of occupancy by the Town Building Inspector.
P. 
The only allowed uses in the planned development district will be a single-family detached residence. Except as amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.
Q. 
The area designated as wetlands on the annexed Schedule A[5] shall remain "forever wild," and shall be bound as such by an appropriate declaration of easements, covenants and restrictions, which declaration shall be reviewed and approved by the Town Attorney.
[5]
Editor's Note: Schedule A is on file in the Town offices.
R. 
Conservation easement.
[Amended 12-5-1994 by Ord. No. 8-1994]
(1) 
Prior to, and as a condition of, the issuance of the earlier of any building permit or certificate of occupancy by the Town of Malta Building Inspector, the developer shall grant to the Saratoga Land Conservancy, Inc. (the "grantee"), the right to acquire ("right to acquire"), at its election, either a conservation easement (as defined in the Model Conservation Easement Agreement Model Agreement), annexed hereto as Schedule B,[6] with respect to the option land, such option land being any land outside of the areas designated Phase I and Phase II on the annexed Schedule A, together with one twenty-five-foot right-of-way from the Phase I cul-de-sac to said lands, and one twenty-five-foot right-of-way from the Phase II cul-de-sac to said lands, with the exact location of said rights-of-way to be determined by the Planning Board during the site plan review process; or a fee simple interest ("fee simple interest") in said option land for the acquisition price of $100.
[6]
Editor's Note: Schedule B is on file in the Town offices.
(2) 
The conservation easement shall be in accordance with the general terms and conditions of the model agreement, appropriately modified to be within the intent and purpose of the permission-to-develop granted herein, and subject to whatever changes the grantee and developer shall mutually agree upon.
(3) 
The right to acquire:
(a) 
Shall be for a term not to exceed 99 years ("option term"), during which option term any right therein may be exercised with respect to all or a portion of such option land, as specified by the grantee, in a written notice delivered by certified, return-receipt United States mail to the developer, or if all or any portion of the option land has been transferred by the developer, to the appropriate transferee ("transferee") of such option land, or portion thereof, with respect to which such right is being exercised;
(b) 
Shall be restricted to the acquisition of a conservation easement or fee simple interest, as the case may be, by the grantee for the purpose of preserving the option land in its natural state as such intent is expressed in the model agreement;
(c) 
Shall contain a provision whereby the grantee may, in its sole discretion, elect to relinquish its right to acquire with respect to all or any portion of the option land upon written notice to the developer, or the appropriate transferee of the option land, or portion thereof, with respect to which such right is being extinguished, on or before the end of the option term; and
(d) 
May be modified, before or after execution by the developer, by mutual agreement of the developer and the grantee if necessary or desirable to more properly carry out the intent and purpose of the public interest agency of the grantee, as determined within the sole discretion of the grantee.
S. 
The developer and/or its grantees shall be prohibited from removing vegetation within 100 feet of Brownell Road, and no structure shall be built within 175 feet of Brownell Road.
T. 
No vegetation shall be disturbed in the areas designated "fifteen-percent slopes," defined for the purposes hereof to mean a slope of 15% or more, as set forth in the annexed Schedule A.[7]
[7]
Editor's Note: Schedule A is on file in the Town offices.
U. 
The developer will deed to the Town of Malta a strip of land along Brownell Road, designated "Five-foot future R.O.W. extension along Brownell Road," before issuance of any certificate of occupancy for any building built pursuant hereto.
V. 
The developer shall be responsible for the repair of any damage to Brownell Road caused by the developer. The amount of such damage which is caused by the developer shall be determined by the Town of Malta Superintendent of Highways, with the advice of the Town Engineers.
W. 
No driveway on any cul-de-sac in the planned development district shall be wider than 12 feet at the curb cut.
X. 
The mitigation measures which were required by the State Environmental Quality Review Negative Declaration Notice of Determination of Nonsignificance, adopted by the Town Board of the Town of Malta on the 6th day of February 1990, are annexed hereto and made a part hereof and designated as Schedule B.[8]
[8]
Editor's Note: Schedule B is on file in the Town offices.
Y. 
The Town of Malta Planning Board shall make provision in its final site plan review for planting of trees and/or other buffering along the lot lines of the land designated on Exhibit A[9] as "Lands N/F of Loveridge and Warren," where such lot lines are contiguous with the planned development district, and along the twenty-five-foot buffer zone designated on the schedule as "twenty-five-foot vegetative buffer."
[9]
Editor's Note: Exhibit A is on file in the Town offices.
Z. 
Any violations of the provisions of this ordinance shall be deemed to be a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
AA. 
If any provision of this ordinance shall be held invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
BB. 
This ordinance shall take effect 10 days after the approval of the Town Board and the posting in the official newspapers of the Town of Malta as required by law.
[Adopted 7-7-1992 by Ord. No. 3-1992]
A. 
This ordinance shall be known as "No. 3 of 1992," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 24, Edgewood Estates Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-5 to a Planned Development District to be known and described as "Planned Development District No. 24, Edgewood Estates, Town of Malta."
C. 
The area of the planned development district consists of 71 plus or minus acres situated on the southeast line of Brownell Road, the west line of Raymond Road and the east line of East Line Road, Town of Malta, County of Saratoga, State of New York, as set forth on a sketch subdivision plan entitled "Edgewood Estates Residential Planned Development District," dated April 16, 1992, which map is annexed hereto and made a part hereof, and designated as Schedule A.[1] The above area is further described by a metes and bounds description appended hereto as Schedule B[2] and incorporated herein by reference as if set forth in full. The metes and bounds description is certified by the surveyor to Thomas Samascott, hereinafter referred to as "the developer."
[1]
Editor's Note: Schedule A is on file in the Town offices.
[2]
Editor's Note: Schedule B is on file in the Town offices.
D. 
Number of lots; lot requirements.
[Amended 10-7-1996]
(1) 
The above-described area shall be divided into not more than 33 building lots. There shall be constructed within the above-described area only single-family detached dwellings. The exact sizes and configurations of the lots in said planned development district shall be as determined by the Town of Malta Planning Board, which shall retain final site plan approval over this project. No building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board; provided, however, that in no event shall any lot be less than 35,000 square feet, with the average lot size in no event being less than 80,000 square feet, and further provided that in no event shall any lot have less than 100 feet of frontage, and in no event shall the square footage for a two-story dwelling be less than 1,800 square feet of living space and in no event shall the square footage for a one-story dwelling be less than 1,400 square feet of living space. The developer shall give written notice to any purchaser of a new home within the planned development district of the existence of the greenway/bikeway to the south of the planned development district, and of the existence of the Woschanko light industrial/office building planned development district to the south of the planned development district.
(2) 
The storm management easement which is shown on the filed subdivision map concerning this matter as a part of Lot No. 31, is divided from Lot No. 31, creating a 34th lot, but said new lot will not constitute an additional building lot.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Building Inspector for any buildings to be constructed on the premises herein described. Sanitary waste disposal will be provided by connection to the Saratoga County Sewer District. Water service will be provided by interconnection with the Northwood Water Company. All necessary approvals concerning said interconnection will be obtained from the appropriate state and local authorities, and the actual interconnection will be completed, prior to the issuance of any certificate of occupancy by the Town of Malta. Water hookups will be made available to the owners of any land abutting the route of the new water main from Northwood Water Company, with one hookup to be provided for each currently occupied existing parcel of land. The cost for any such hookup shall be borne by the individual property owner; provided, however, that in no event shall any fee be charged for a water hookup which is greater than that authorized by the New York State Public Service Commission or other appropriate authority. Each individual property owner qualifying pursuant to the terms hereof to obtain water will be notified of the availability of said water by Northwood Water Company, by certified mail. Each property owner who wishes such water service must request such connection not more than 30 days after receipt of the certified notice. Each property owner who requests such water connection shall have one year following the request in which to finalize the water connection. Copies of the notifications sent pursuant to this section shall be filed with the Town Building Department, with copies of the returned mail certificates.
F. 
Fire protection will be provided by fire hydrants which will be installed in the water system, so that no hose lay to any structure in the planned development district will exceed 500 feet. The system will provide a minimum flow of 400 gallons per minute for one hour at the farthest hydrant from the storage tank and fire pump in Laurel Acres. All hydrant installations will be inspected and approved by the Town Engineer, and a satisfactory hydrant flow test will be run before any certificates of occupancy are issued by the Town of Malta Building Inspector. Fire hydrants will be installed on the proposed water main running in the Town right-of-way on Brownell Road, with a maximum of 500 feet between said hydrants. The developer shall not require the Town of Malta to pay hydrant rent for any hydrants in or associated with the planned development district.
G. 
There will be a minimum front yard setback of 35 feet from the front yard boundary for eight of the dwellings to be constructed in the above-described premises, and a minimum front yard setback of 40 feet from the front yard boundary for the remaining 25 of the dwellings to be constructed in the above-described premises. There will be a minimum side yard setback of 15 feet from the side yard boundary line for all dwellings to be constructed in the above-described premises, and a minimum rear yard setback of 30 feet from the rear yard boundary for all dwellings to be constructed in the above-described premises. As individual building plans, with actual foundation locations, are submitted to the Town of Malta Building Inspector, said Building Inspector shall assure that the setbacks from the front yard boundary line will be staggered, so that no two lots which are adjacent and fronting on the same road will have the same setback from the front boundary; provided, however, that nothing in this sentence will be deemed to in any way reduce the minimum front yard setback as set forth herein.
H. 
The improvements to be constructed within the planned development district shall be constructed in one phase.
I. 
The planned development district shall have one access point on Raymond Road which will be a boulevard type entrance, the exact configuration of which will be determined by the Planning Board during the site plan review process. The Planning Board, during site plan review process, will determine the location of the access point on Raymond Road. No new individual driveways from the planned development district will directly access Brownell Road or Raymond Road.
J. 
The road proposed in said planned development district and associated stormwater management system shall be constructed in accordance with the requirements of the Town of Malta Subdivision Regulations[3] and the building and construction specifications of the Town concerning the construction of the road, with the exception that the permitted width of said road shall be 26 feet instead of 30 feet. The developer shall offer the road as a public road, together with the stormwater management system and any associated drainage easements, to the Town of Malta without cost. The developer shall post a letter of credit or bond, pursuant to the Town of Malta Subdivision Regulations, in an amount to be established by the Town Engineers prior to the issuance of any building permit, provided that one building permit may be issued for one model home, which building permit will expire 60 days after its issuance, unless the letter of credit or bond required by this section shall have been posted to ensure proper completion of the road to be constructed in this planned development district. The letter of credit or bond shall extend for at least one year past the time when said road is accepted by the Town of Malta as a public highway. This letter of credit or bond may be extended, at the option of the Town Board of the Town of Malta, for an additional one-year period.
[Amended 11-9-1995]
[3]
Editor's Note: See Ch. 143, Subdivision of Land.
K. 
The Town of Malta shall be paid the sum of $200 per lot, with said sums to be deposited to the Town's recreational fund when building permits are issued for each lot.
L. 
Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board. No stumps, debris or other materials will be deposited in the planned development district.
M. 
Any utilities in the subject premises shall be installed underground. All utilities, including but not limited to television cables, will be installed in the right-of-way of the road proposed in said planned development district before said road shall be completed and offered to the Town of Malta.
N. 
Subject to the reservation and exercise of water rights by the developer within the planned development district, no commercial uses shall be permitted in this planned development district.
O. 
All buildings will be constructed in accordance with the New York State Uniform Fire Prevention and Building Code and approved and stamped by a duly licensed engineer or architect. All construction shall be subject to inspection, approval and the issuance of certificates of occupancy by the Town Building Inspector.
P. 
The only allowed uses in the planned development district will be a single-family detached residence. Except as amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.
Q. 
The developer and/or its grantees shall be prohibited from removing vegetation within 400 feet of Brownell Road, and no structure shall be built within 450 feet of Brownell Road. The developer and/or his grantees shall be prohibited from removing vegetation within 400 feet of Raymond Road, and no structure shall be built within 450 feet of Raymond Road.
R. 
The developer will deed to the Town of Malta a strip of land along Brownell Road, designated "Five-foot right-of-way extension along Brownell Road," before issuance of any certificates of occupancy for any buildings built pursuant hereto.
S. 
The developer shall be responsible for the repair of any damage to Brownell Road or Raymond Road caused by the developer. The amount of such damage which is caused by the developer shall be determined by the Town of Malta Superintendent of Highways, with the advice of the Town Engineers. The developer shall post a bond or letter of credit in an amount to be established by the Town Engineers prior to the commencement of site work, to ensure the proper protection of said roads, as established by the Town of Malta Superintendent of Highways, with said letter of credit or bond to remain in place until the Town of Malta shall have accepted the road referenced in Subsection J above. Construction traffic for Edgewood Estates shall access the site by way of Route 67.
T. 
No driveway on any road in the planned development district shall be wider than 18 feet at the curb cut.
U. 
Environmental mitigation measures were recommended by the Town of Malta Planning Board on April 21, 1992, following receipt of recommendations from the Town of Malta Environmental Board. These mitigation measures were addressed to the Town Board as lead agency. These mitigation measures are annexed to a negative declaration adopted by the Town Board of the Town of Malta as lead agency pursuant to Article 8 of the Environmental Conservation Law. These mitigation measures will be completed by the developer. Said negative declaration is annexed hereto, made a part hereof, and designated Schedule C.[4] In addition, not more than one acre of federally designated wetlands, as determined and confirmed by the Town Engineers, shall be disturbed within the boundaries of the PDD.
[4]
Editor's Note: Schedule C is on file in the Town offices.
V. 
The developer, any purchaser of any lot in the planned development district or any adjacent landowner shall have the right to enforce by any proceeding at law or in equity all easements, restrictions, covenants and agreements imposed by the provisions of this ordinance or the final approval of the site plan and/or subdivision plat for the planned development district by the Town of Malta Planning Board. Failure by the developer, any lot owner or adjacent landowner to enforce any covenants or restriction affecting the planned development district shall in no event be deemed a waiver of the right to do so thereafter.
W. 
Prior to the release of the letter of credit or bond described in Subsection J above, the developer shall transfer the ownership of the roadbed of the former railroad on the site to Northwood Water Company, subject to an access easement to the Town of Malta for pedestrian use in connection with a Town greenway or open space corridor. The easement shall include an option to convey the railroad bed to the Town of Malta without cost.
X. 
Any violations of the provisions of this ordinance shall be deemed to be a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
Y. 
If any provision of this ordinance shall be held invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
Z. 
This ordinance shall take effect 10 days after the approval of the Town Board and the posting in the official newspapers of the Town of Malta as required by law.
[Adopted 10-6-1992 by Ord. No. 5-1992]
A. 
This ordinance shall be known as "No. 5 of 1992" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 25, Shops of Malta Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth from District C-2 Commercial, C-1 Commercial and District R-1 Residential as such is now zoned, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 25, Shops of Malta Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 22.092 acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) attached hereto and made a part hereof.
[Amended 6-5-1995]
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The Shops of Malta Planned Development District will contain an outdoor shopping center comprised of a large building containing a retail grocery store and other retail stores with a maximum of 94,000 square feet of building area, two smaller freestanding buildings of a maximum of 4,000 square feet each and other one-story freestanding buildings having a total of not to exceed 29,750 square feet of building area, the erection of which is hereby authorized subject to the terms and conditions of this ordinance. The buildings, roads and other paved surfaces other than sidewalks in the proposed development district will cover not more than 55% of the site, and the remaining area, to wit, not less than 45% of the site, will be used for green space, to include open space, buffer strips, landscaped areas including sidewalks and gazebo and an on-site stormwater management area all as generally shown on a map entitled "sketch plan, Amendment Number 1, Planned Development District, Shops of Malta, prepared by Northeast Land Survey and Land Development Consultants, P.C., dated June 2, 1995" (Appendix B, hereinafter referred to as "sketch plan").[2] The planned development district will be authorized to have parking for up to 647 cars. The parking for the ninety-four-thousand-square-foot building shall be substantially as set forth in the sketch plan (Appendix B). The balance of parking will be allotted among the freestanding buildings as determined by the Town of Malta Planning Board in the site planning process, keeping the allotted spaces to a minimum amount required by the proposed uses in the buildings, with provision for future parking spaces up to the maximum total set forth above to accommodate potential subsequent changes of use. It will also have either an on-site water supply system or a connection to a public water system, a connection to the County sewer system and an underground water tank with sufficient capacity to meet the flow requirements set forth by ISO. The design, construction and maintenance of all buildings and landscaping within the development district will be done by the developer to assure a compatible, aesthetically pleasing development in a "colonial Village" atmosphere. The developer shall complete the following improvements at its cost: construction of a southbound left-turn lane and a northbound left-turn lane on United States Route 9 at its intersection with New York State Route 67; installation of a fully activated traffic signal at the United States Route 9 driveway intersection; construction of a westbound right-turn decelerating lane on New York State Route 67 for vehicles entering the site from the east; and installation of proper regulatory and warning signs in accordance with the Manual of Uniform Traffic Control Devices. All transportation improvements to state highways shall be constructed in accordance with highway work permits from the New York State Department of Transportation, which must be obtained by the developer in a timely fashion. The developers have also agreed to contribute to the Town of Malta an amount equal to 13.0%. The actual cost of the proposed improvements to the intersection of New York State Routes 9 and 67 under New York Department of Transportation Industrial Access Project No. 6, (PIN 1752.91, D002728) shall be $50,000, payable at $5,000 per year, for 10 years, pursuant to a contract to be in a form acceptable to the Town Attorney, with the first payment due on the first day of January 1997, and payment due annually thereafter. Said contract will be executed by Reginald Scott, individually, and by the corporation currently developing the planned development district.
[Amended 6-5-1995; 6-3-1996; 10-4-1999]
[2]
Editor's Note: Appendix B is on file in the Town offices.
E. 
Construction; buffers.
[Amended 6-5-1995; 6-3-1996]
(1) 
The developer shall construct the project generally in accordance with the approved sketch plan, annexed hereto (Appendix B).[3] However, the exact location and size of buildings, location of parking areas, green areas, pedestrian sidewalks and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the developer with flexibility for a mixture of commercial/retail space. The sketch plan is not intended to limit the developer to specific location of buildings or parking lots, or to other related items customarily considered by the site plan review process.
[3]
Editor's Note: Appendix B is on file in the Town offices.
(2) 
Notwithstanding the above, the developer shall provide sidewalks connecting the various areas within the planned development district, the exact location of which is to be determined by the Town Planning Board in the site plan process. The developer shall construct a sidewalk to the lands of D.S.B. Realty Corp. upon request of the Town Board, and at a location to be determined by the Town Board.
(3) 
The developer shall also provide a one-hundred-foot buffer on the north side of the Dunning Street Cemetery.
(4) 
The developer shall provide a minimum one-hundred-foot buffer between the common boundary of the PDD and the lands now or formerly of D.S.B. Realty Corp. and the northerly edge of pavement of the peripheral service road and/or any parking area, and an additional buffer with the depth to be determined by the Planning Board along the northerly border of the PDD and the southerly boundary of lands of the Town of Malta. The developer shall provide a thirty-foot buffer along the easterly side of the access road running from New York State Route 67 to the parking area of the project, and along both sides of the access road running from New York State Route 9 to the westerly border of the project. All roof-top antennas or satellite dishes and all dumpsters located in the project will be buffered. These buffer areas shall contain quality landscaping and/or berming as determined by the Town of Malta Planning Board during the site plan review process, which shall either be in place prior to the issuance of any certificates of occupancy for any building on the site or, in the alternative, bonds or letters of credit in amounts for time periods acceptable to the Town Engineers and the Town Attorney to guarantee the performance and/or completion of said buffer areas shall be filed prior to the issuance of said certificates of occupancy.
F. 
Development; site plan; certificates of occupancy.
[Amended 6-5-1996]
(1) 
The entire project shall consist of buildings not to exceed a total of 130,500 square feet. Parking spaces shall conform to the requirements established by the Town Planning Board during the site plan review process. All existing structures on the site shall be removed by the developer prior to the issuance of any certificate of occupancy for any building on the site. The maximum building height of any building shall be 30 feet. There shall be no building constructed within 120 feet of the edge of the present rights-of-way for New York State Route 9 or New York State Route 67 at their intersection. No building will be closer to Route 9 than the face of Adirondack Trust Company. The developer shall landscape the area adjacent to said roads, construct a gazebo approximately 40 feet in diameter, erect a clock approximately 12 feet high for the use and enjoyment of the residents of the Town of Malta, erect a plaque with historical information about the site and construct a display case for the display of pictures of historical significance to the Town of Malta, all substantially in conformance with the architectural drawings by Straher, Roth, Guilmor, Architects, appended hereto as Appendix C.[4] The developer shall grant to the Town for park purposes an option to purchase for $1 a parcel of land hereinafter referred to as the park parcel, as shown on the sketch plan appended hereto as Appendix B,[5] which shall encompass the gazebo, clock, plaque and display case. Any conveyance to the Town shall reserve an irrevocable easement and right-of-way over the access road connecting the project to Route 67, as set forth in the sketch plan. Upon the issuance of a certificate of occupancy for the large ninety-four-thousand-square-foot building and the three four-thousand-square-foot buildings, the developer shall attempt in good faith to obtain a release from the encumbrance of any mortgage covering the park parcel. The park parcel may be used by the developer and occupants of the buildings of the district for promotional purposes not inconsistent with the public use. There shall be no sale of any merchandise within that parcel. The developer shall not remove any trees over 18 inches in diameter located within this park parcel without the approval of the Planning Board. The developer has also agreed to retain, to the maximum extent practicable, the large mature trees existing on the site, and to construct sidewalks throughout the landscaped areas near the intersection. All items to be completed in this subsection will be done prior to the issuance of a certificate of occupancy for any building on the site.
[4]
Editor's Note: Appendix C is on file in the Town offices.
[5]
Editor's Note: Appendix B is on file in the Town offices.
(2) 
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan for approval by the Town Planning Board in accordance with Article VI of the Town Zoning Ordinance. No building permits shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. The specific details concerning the work allowed pursuant to such permits and any bonds which may be required shall be established by the Planning Board during the site plan review process.
(3) 
Individual certificates of occupancy must be obtained from the Town of Malta Building Department by each individual tenant prior to occupying any building or any portion of a building within the Shops of Malta planned development district, regardless of whether the tenant is one of the original tenants or a successor.
G. 
All traffic control signs required for this project and all road markings associated with the project shall be completed by the developer prior to the issuance of any certificate of occupancy concerning this project.
H. 
Signs.
(1) 
Except as hereafter provided, all signs within the district shall comply with the standards for signs in shopping centers and shopping malls as set forth in Article VIII, § 167-27E, of the Town of Malta Zoning Ordinance. There shall be one doubled-faced sign located at the Route 67 entrance, and one double-faced sign located at the Route 9 entrance, both of which signs shall substantially conform to the architectural drawing appended as Appendix B,[6] and to the dimensional requirement of the Zoning Ordinance.
[6]
Editor's Note: Appendix B is on file in the Town offices.
(2) 
The facade sign for the Grand Union shall be substantially in conformance with the photograph appended as Appendix D,[7] and to the dimensional requirements of the Zoning Ordinance.
[7]
Editor's Note: Appendix D is on file in the Town offices.
(3) 
The facade signs for all other tenants shall be substantially in conformance with the photograph appended as Appendix D, and dimensional requirements of the Zoning Ordinance. These signs shall be constructed of wood with recessed letters painted with gold leaf type paint.
(4) 
Identification signs may be used to identify rear doors and delivery areas of the tenants of the large building. Lettering on such signs shall be limited to the name of the tenant and shall be no more than three inches in height.
I. 
Construction of buildings.
(1) 
The ninety-four-thousand-square-foot building of the district shall be constructed with masonry/brick facades substantially in conformance with the photograph and architectural drawings appended as Appendixes D and E.[8]
[8]
Editor's Note: Appendixes D and E are on file in the Town offices.
(2) 
The rear of the large ninety-four-thousand-square-foot building shall be constructed of masonry material and finished with hydrosite, and shall be constructed substantially in conformance with the architectural drawings appended as Appendix E.
(3) 
The freestanding buildings shall be of colonial architectural design and substantially in conformance with the architectural drawings appended as Appendix C.[9]
[9]
Editor's Note: Appendix C is on file in the Town offices.
J. 
Water will be supplied by either a thirty-gallon-per-minute on-site production well or connection to a public water system, with a water system serving all buildings within the district. Sanitary sewage will be provided throughout the site during development and permanent sewage disposal will be provided by connection to the County sewer system. The connection to the existing system will be provided by the developer at its expense. All sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 all completed off-site sewer facilities at no cost to the Saratoga County Sewer District No. 1. The Sewer district shall determine what portion of these facilities are appropriate for public ownership.
[Amended 6-5-1995]
K. 
Firesafety requirements.
(1) 
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved and stamped by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector and Town Engineers. All buildings will contain a fire alarm system having direct alarm connection to the appropriate fire company and/or fire control center. Each business location within the project shall have its own alarm system to separately indicate the location of a fire. Any enunciator panel will be visible from outside the building. All buildings shall be equipped with sprinklers in accordance with New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association. Fire hydrants shall be installed in accordance with appropriate standards and codes.
(2) 
The site shall provide fire lanes to all buildings which shall be clearly marked with above-grade signs and which shall be wide enough to permit two-way truck traffic. Any building constructed over 28 feet from grade shall provide direct access to the roof. There shall be a maximum of 500 feet between fire hydrants, and a maximum of 500 feet between any building and a fire hydrant.
L. 
All utilities shall be installed underground. The site may not be subdivided without the approval of the Malta Town Board.
M. 
No outside storage of any products or equipment shall be permitted on the subject premises, except for sale in the normal course of business.
N. 
Except as hereinafter provided, the uses permitted within the district shall be churches, retail grocery stores, retail stores, personal services, restaurants, professional offices and banks, health club, licensed chiropractor's office, licensed massage therapist's office, karate classes; and/or aerobics classes, provided that amusement/video arcades and car washes shall not be permitted. No more than one of the freestanding, four-thousand-square-foot buildings may be used as a fast-food restaurant. "Fast-food restaurant," for purposes of this ordinance, shall mean a restaurant where food is served primarily at a pick-up counter or a drive-through window, such as McDonalds, Burger King, Wendy's, Kentucky Fried Chicken, Taco Bell, Roy Rogers, etc. The remaining freestanding buildings may be used for restaurants, including family restaurants, such as Ponderosa, Friendly's, etc., provided that such restaurant shall not be constructed with a drive-through window. The large ninety-four-thousand-square-foot building may contain fast-food restaurants, but such fast-food restaurant shall not have any drive-through window. The remaining freestanding buildings may not be used as a fast-food restaurant.
[Amended 6-5-1995; 6-3-1996; 11-3-1999; 8-5-2002]
O. 
Performance bonds or letters of credit.
(1) 
The developer shall file bonds or letters of credit in the amounts and for the time periods required by the Town Planning Board and acceptable as to amount and form to the Town Engineers and Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district ordinance, including but not limited to the following:
(a) 
Return of the site to its original condition after clearing and grading should this be deemed necessary by the Planning Board.
(b) 
The satisfactory completion of the roads and other infrastructure for the project.
(c) 
The satisfactory completion and maintenance for one year after completion of landscaping on the project site.
(2) 
The Planning Board shall determine the time at which the developer shall file such bonds.
P. 
Roads.
[Amended 6-5-1995]
(1) 
All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town Planning Board, and shall be approved by the Town Engineers. The developer shall construct access roads into the site from New York State Route 9 and New York State Route 67 (Dunning Street) substantially as set forth in the sketch plan (Appendix B).[10]
[10]
Editor's Note: Appendix B is on file in the Town offices.
(2) 
The developer shall construct an interior road as shown on said sketch plan as "future Town road," which road shall provide access to the lands to the west for possible future connection to Kelch Road. The right-of-way of the "future Town road" shall abut the lands of the Town of Malta as shown on Appendix B to the north. The developer shall afford access to the future Town road From the lands of the Town of Malta upon the request of the Town Board, and at a location to be determined by the Town Board.
(3) 
Said future Town Road shall be constructed fully in compliance with the specifications for a Town road in the Town of Malta, and shall be offered for dedication to the Town by the developer at no cost to the Town. In the event that the connection to Kelch Road is made, the Town Board shall have the option of terminating the left-hand turn for eastbound traffic on New York State Route 67 into the site in its sole discretion, provided that said option may not be exercised before one year has expired after the dedication of Kelch Road as a public thoroughfare, and further provided that said left-hand turn may not be terminated following the exercise of the option until six months after written notice has been given, by certified mail, to the developer, by the Town Board, at the address for the developer then listed in the records of the Town Assessor.
(4) 
Concrete curbs will be provided by the builder along the interior islands and building islands within the project, with the exact location thereof to be determined during the site plan review process.
Q. 
This ordinance shall be deemed revoked and void and the previous regulations shall obtain if within three years from the date of this ordinance commencement of construction of the project has not begun or if substantial progress does not continue without undue interruption. Any delay in construction extending for more than 12 months shall effect an automatic revocation and voiding of this ordinance, except as to the area on which construction has been completed. Any time period set forth herein may be extended by resolution of the Town Board of the Town of Malta.
R. 
The Malta 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 Appendix F.[11] The developer agrees to comply with all of the mitigating measures which are a part thereof at no cost to the Town. No certificate of occupancy will be issued until the mitigating measures are complete.
[11]
Editor's Note: Appendix F is on file in the Town offices.
S. 
The developer agrees neither to apply for nor to utilize any program which will allow the developer to obtain special real property tax, sales tax or mortgage tax benefits concerning the project. The developer agrees to notify the Town of its application to any I.D.A. or similar program.
T. 
This ordinance shall take effect 10 days after approval of the Town Board and posting and publishing in the official newspaper of the Town of Malta as require by law.
[Adopted 5-3-1993 by Ord. No. 3-1993]
A. 
This ordinance shall be known as "No. 26 of 1993," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 26, Parker Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing Land Conservation and R-1 to a Planned Development District to be known and described as "Planned Development District No. 26, Parker Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 18.5 acres situated on the west side of Ruhle Road, Town of Malta, County of Saratoga, State of New York, as set forth on a map entitled "Planned Development District for Lot No. 4 of the Lands reputedly of William S. Parker, Town of Malta, Saratoga County, New York," made by Frank Rapant, Jr., P.C., and designated as Schedule A.[1] The above area is further described by a metes and bounds description appended hereto as Schedule B[2] and incorporated herein by reference as if set forth in full.
[1]
Editor's Note: Schedule A is on file in the Town offices.
[2]
Editor's Note: Schedule B is on file in the Town offices.
D. 
The above-described area shall be divided into not more than four building lots. There shall be constructed within the above-described area only single-family detached dwellings. The exact sizes and configurations of the lots in said planned development district shall be as determined by the Town of Malta Planning Board, which shall retain final site plan approval over this project. No building permit shall be issued without the final approval of the site plan by the Town of Malta Planning Board.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Building Inspector for any buildings to be constructed on the premises herein described. Sanitary waste disposal will be provided by the individual on-site systems on each lot. Water service will be provided by individual wells located on each lot.
F. 
Front, side and back yard setbacks for the individual lots will be established by the Town of Malta Planning Board during the site plan review process, and will be placed on the final subdivision map. The driveways for Lots 4, 5 and 6 will be constructed so as to provide adequate emergency vehicle access. A detailed drawing of the proposed construction of said driveways will be submitted to the appropriate fire department and the Town Engineer for their consideration and approval.
G. 
"No-build" and "no-cut" zones will be established by the Planning Board during the site plan review process and will. be set forth on the final subdivision map, and included in deed restrictions. These zones are meant to provide a buffer between this planned development district and abutting properties. No clear-cutting will be allowed in either of these zones, and no live tree over three inches in diameter, measured at the base, will be allowed to be cut within the no-cut zone; provided, however, that pruning will be allowed. No building, including driveways, sheds or any other type of construction, will be allowed in the no-build zone.
H. 
The improvements to be constructed within the planned development district shall be constructed in one phase.
I. 
The road proposed in said planned development district and associated stormwater management system shall be constructed in accordance with the requirements of the Town of Malta Subdivision Regulations[3] and the building and construction specifications of the Town concerning the construction of the road, except that the permitted width of said road pavement shall be 22 feet instead of 30 feet, and except that the road cul-de-sac shall be as hereinafter set forth. The developer shall offer the road as a public road, together with the stormwater management system and any associated drainage easements, to the Town of Malta without cost. The developer shall post a letter of credit or bond, pursuant to the Town of Malta Subdivision Regulations, in an amount to be established by the Town Engineers prior to the issuance of any building permit. The letter of credit or bond may be extended, at the option of the Town Board of the Town of Malta, for an additional one-year period. The diameter of the cul-de-sac, including the road right-of-way and pavement, will be 150 feet. The diameter of the center island will be 80 feet. The width of the road pavement in the cul-de-sac will be 20 feet, with 15 feet of additional right-of-way off pavement. The cul-de-sac may include a portion of Lot 3 of the original subdivision of this land.
[3]
Editor's Note: See Ch. 143, Subdivision of Land.
J. 
The Town of Malta shall be paid the sum of $300 per lot, with said sums to be deposited to the Town's recreational fund when building permits are issued for each lot.
K. 
Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board during the site plan review process. No stumps, debris or other materials will be deposited in the planned development district.
L. 
Any utilities in the subject premises shall be installed underground. All utilities, including but not limited to television cables, will be installed in the right-of-way of the road proposed in said planned development district before said road shall be completed and offered to the Town of Malta.
M. 
No commercial uses shall be permitted in this planned development district.
N. 
All buildings will be constructed in accordance with the New York State Uniform Fire Prevention and Building Code and approved and stamped by a duly licensed engineer or architect. All construction shall be subject to inspection, approval and the issuance of certificate of occupancy by the Town Building Inspector.
O. 
The only allowed use in the planned development district will be a single-family detached residence. Except as amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.
P. 
Not more than one acre of federally designated wetlands as determined and confirmed by the Town Engineers shall be disturbed within the boundaries of the planned development district.
Q. 
The applicant shall, by quit-claim deed, deed the land from the property line of the applicant to the property line of the property owned by the Town of Malta, as set forth on the annexed Schedule A.[4]
[4]
Editor's Note: Schedule A is on file in the Town offices.
R. 
The applicant shall deed an easement along the southwesterly border of the lands designated on Schedule A as "Lands of Marone," where said lands abut Lot No. 7 of the planned development district, which easement shall be 20 feet wide, and will be for the purpose of providing a bikeway and a pedestrian travelway across said easement. In the event that the Town of Malta or another appropriate municipality acquires title to the "Lands of Marone," said easement shall revert to the then-owner of said Lot No. 7 in the planned development district. The applicant shall deed an easement along the northerly border of the proposed planned development district, where it abuts New York State Route 67, which easement shall be 20 feet wide, and will be for the purpose of providing a bikeway and a pedestrian travelway across said easement.
S. 
Any violation of the provisions of this ordinance shall be deemed to be a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
T. 
If any provisions of this ordinance shall be held invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
U. 
This ordinance shall take effect 10 days after the approval of the Town Board and the posting and publishing in the official newspaper of the Town of Malta as required by law.
[Adopted 7-6-1993 by Ord. No. 8-1993]
A. 
This ordinance shall be known as "No. 8 of 1993" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 27, Woodfield Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from the existing C-1 Commercial and R-1 Residential to a planned development district to be known and described as "Planned Development District No. 27, Woodfield Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 44.56 plus or minus acres in the Town of Malta and is bounded and described as set forth in Appendix A-1[1] (Woodfield PDD Town of Malta, New York, Site Plan dated May 20, 2015) attached hereto and made a part hereof.
[Amended 8-19-2013 by L.L. No. 6-2013; 10-5-2015 by L.L. No. 7-2015]
[1]
Editor's Note: Said appendix is on file in the Town offices.
D. 
Development requirements; transportation improvements.
(1) 
The Woodfield Planned Development District's mixed use area will contain one commercial building not to exceed 5,000 square feet of building area, which may be one and one half stories, and two residential condominium buildings, which may be two stories, with footprints of up to 5,500 square feet and total building area of up to 11,000 square feet each, the erection of which is hereby authorized subject to the terms and conditions of this ordinance. The maximum building height of any building shall be 39 feet and the buildings' architectural features shall be substantially in conformance with those depicted on the rendering attached as Appendix C,[2] including pitched roofs and gables. The mixed use area of the Woodfield planned development district, as set forth in the annexed Appendix A-1, will contain no less than 51% green space. The green space will be partially owned by a homeowners' association, as hereinafter set forth, and partially owned by the owner of the commercial building. The areas of green space to be owned by the homeowners' association and the owner(s) of the commercial building in the mixed use portion of the planned development district shall be approximately as set forth on the attached Appendix B.[3] The owner of the commercial building in the mixed use portion of the planned development district shall be responsible for the maintenance and upkeep of its portion of the areas of green space. The mixed use portion of the planned development district will be initially authorized to have parking for 58 cars; provided, however, that the developer may, at its discretion, increase the amount of parking to a maximum of 73 cars. The design, construction and maintenance of all buildings and landscaping within the planned development district will be done by the developer to ensure a compatible aesthetically pleasing development, in general style as set forth in the attached Appendix C.[4] The developer shall complete the highway/traffic improvements as set forth in the annexed Appendix D[5] at its cost.
[Amended 8-19-2013 by L.L. No. 6-2013; 10-5-2015 by L.L. No. 7-2015]
[2]
Editor's Note: Said appendix is on file in the Town offices.
[3]
Editor's Note: Said appendix is on file in the Town offices.
[4]
Editor's Note: Said appendix is on file in the Town offices.
[5]
Editor's Note: Said appendix is on file in the Town offices.
(2) 
All transportation improvements to state highways shall be constructed in accordance with highway work permits form the New York State Department of Transportation, which must be obtained by the developer in a timely fashion. The developer has agreed to contribute to the Town of Malta in an amount equal to 5% of the actual cost of the proposed improvements to the intersection of New York State Routes 9 and 67 under New York State Department of Transportation Industrial Access Project No. 6, (PIN 1752.91, D002728). Building permits and certificates of occupancy may be issued for 25 single-family detached dwellings in the residential area of the development before said improvements and contributions must be completed. Prior to the issuance of a certificate of occupancy for the twenty-sixth single-family detached dwelling in the residential area of the development, a payment in the amount of $10,000 will be made toward said contribution, and prior to the issuance of certificates of occupancy for each successive single-family detached dwelling in the residential area of the development, a contribution of $1,000 will be made, until the total amount of the contribution has been paid in full.
[Amended 11-4-1998]
E. 
As to the mixed use portion of the planned development district, there will be a minimum setback from the westerly property line adjacent to New York State Route 9 of 40 feet for any building or parking lot constructed in said mixed use portion of the planned development district. There will be a minimum setback on the southerly property line of the mixed use portion of the planned development district of 40 feet for any building and 10 feet for any parking lot, and a minimum setback on the northerly property line of the commercial portion of the planned development district of 50 feet to any building and 10 feet to any parking lot. Along the easterly property line of the mixed use portion of the development district there will be a minimum setback of 75 feet from any building and 10 feet from any parking lot. The site may be developed, in whole or in part, by the use of ground leases which may contain zero lot lines. Shared parking and access shall be encouraged. There will be a minimum setback along the southerly property line of the mixed use portion of the planned development district of 40 feet for any building and 10 feet for any parking lot. Along the easterly property line of the mixed use portion of the planned development district there will be a minimum setback of 10 feet from any building and 10 feet from any parking lot. Along the northerly property line of the mixed use portion of the planned development district adjacent to Woodfield Boulevard there will be a minimum setback of 50 feet from all buildings and 10 feet from any parking lot constructed therein.
[Amended 8-19-2013 by L.L. No. 6-2013; 10-5-2015 by L.L. No. 7-2015]
F. 
Residential portions of planned development district.
[Amended 8-19-2013 by L.L. No. 6-2013]
(1) 
The existing residential Area A of the planned development district, as set forth on the annexed Appendix A,[6] shall be divided into 52 lots. There shall be constructed within said residential area only single-family detached dwellings. In no event shall any lot in the residential portion of said planned development district be less than 13,000 square feet, with an average lot size in no event being less than 14,000 square feet, and further provided that in no event shall any lot have less than 80 feet of frontage, and in no event shall the square footage for a two-story dwelling be less than 1,200 square feet of living space, and in no event shall the square footage for a one-story dwelling be less than 1,000 square feet of living space. Each dwelling constructed shall have a two-car garage and a paved driveway. As to the existing residential portion of the planned development district, there will be a minimum front yard setback of 40 feet from the front yard boundary, a minimum side yard setback of 15 feet from the side yard boundary and a minimum rear yard setback of 30 feet from the rear yard boundary for all dwellings to be constructed in said existing residential portion of the planned development district. As individual building plans, with actual foundation locations, are submitted to the Town of Malta Building Inspector for the residential portion of the planned development district, said Building Inspector shall assure that the setbacks from the front yard boundary line will be staggered; provided, however, that nothing in this sentence shall be deemed to in any way reduce the front yard setback as set forth herein.
[Amended 10-5-2015 by L.L. No. 7-2015]
[6]
Editor's Note: Said appendix is on file in the Town offices.
(2) 
The existing residential Area B, as set forth on the annexed Appendix A,[7] shall be divided into 25 lots which subdivision is subject to Town of Malta Planning Board subdivision review authority. There shall be constructed within said residential area only single-family detached dwellings. In no event shall any lot in the residential portion of said planned development Area B be less than 9,100 square feet, with an average lot size of 12,506 square feet, and further provided that in no event shall any lot have less than 65 feet of frontage, and in no event shall the square footage for a two-story dwelling be less than 1,200 square feet of living space, and in no event shall the square footage for a one-story dwelling be less than 1,000 square feet of living space. Each dwelling constructed shall have a two-car, side-by-side garage and a paved driveway. As to the existing residential portion of the planned development Area B, there will be a minimum front yard setback of 25 feet from the front yard boundary, a minimum side yard setback of 10 feet from the side yard boundary and a minimum rear yard setback of 20 feet from the rear yard boundary for all dwellings to be constructed in said existing residential portion of the planned development Area B. As individual building plans, with actual foundation locations, are submitted to the Town of Malta Building Inspector for the residential portion of the planned development Area B, said Building Inspector shall ensure that, in addition to complying with the above front yard setback requirement, the degree to which each home is set back must differ between adjacent homes no less than five feet and no greater than 15 feet. This additional requirement shall not be deemed to in any way reduce the front yard setback as set forth herein.
[Amended 10-5-2015 by L.L. No. 7-2015]
[7]
Editor's Note: Said appendix is on file in the Town offices.
G. 
Site plan; certificates of occupancy.
[Amended 8-19-2013 by L.L. No. 6-2013]
(1) 
Prior to the issuance of building permits for the buildings within this mixed use area, the owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate section of the Town Zoning Ordinance. No building permit shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of a building permit in stages to allow work to progress without the necessity of the completion of the entire site plan review process. Specific details concerning the work allowed pursuant to such permits, and bonds which may be required, shall be established by the Planning Board during the site plan review process. Development within the commercial area shall be substantially in conformance with the architectural features depicted on Appendix C,[8] including pitched roofs and gables. Landscaping, including presence of mature trees near Route 9, will be substantially in conformance with attached Appendix F.[9]
[Amended 10-5-2015 by L.L. No. 7-2015]
[8]
Editor's Note: Said appendix is on file in the Town offices.
[9]
Editor's Note: Said appendix is on file in the Town offices.
(2) 
Individual certificates of occupancy must be obtained from the Town of Malta Building Department by each individual tenant prior to occupying any of the buildings within the mixed use area of said planned development district, regardless of whether the tenant is one of the original tenants, or a successor. The developer shall construct the project generally in accordance with the approved sketch plan annexed hereto (Appendix A-1).[10] However, the exact location and size of the buildings, method for lease or ownership of lots, location of parking areas, green areas, pedestrian walkways, and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the developer with flexibility. The sketch plan is not intended to limit the developer to specific location of buildings or parking lots, or other items customarily related to the site plan review process. Notwithstanding the above, the developer shall provide a sidewalk along Route 9 as depicted in Appendix F.[11] Said sidewalk will be installed within 12 months of the developer receiving a certificate of occupancy for the first mixed use building. The Route 9 sidewalk will connect to the sidewalks offering access to the mixed use areas of the planned development as depicted in Appendix F.[12] The homeowners' association provided for herein will be given an easement across the water easement to Luther Forest as a potential footpath, and a twenty-foot-wide access easement from the property owned by the homeowners' association on the easterly end of the project to the Town road to be created as set forth herein. All dumpsters located in the mixed use portion of said planned development district will be buffered.
[Amended 10-5-2015 by L.L. No. 7-2015]
[10]
Editor's Note: Said appendix is on file in the Town offices.
[11]
Editor's Note: Said appendix is on file in the Town offices.
[12]
Editor's Note: Said appendix is on file in the Town offices.
(3) 
All traffic control signs required for any area of this project, and all road markings associated with any area of this project shall be completed by the developer prior to the issuance of any certificate of occupancy within each such area.
(4) 
Except as herein provided, all signs within this planned development district shall comply with the standards set forth in attached Appendix E.[13]
[13]
Editor's Note: Said appendix is on file in the Town offices.
H. 
Sanitary waste disposal will be provided by connection to the Saratoga County Sewer District. All sewer facilities will be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 all completed sewer facilities at no cost to the Saratoga County Sewer District No. 1. The sewer district shall determine what portion of these facilities are appropriate for public ownership.
I. 
Water service shall be provided by interconnection with the Saratoga Water Services, Inc. All necessary approvals concerning said interconnection will be obtained from the appropriate state and local authorities and the actual interconnection will be completed prior to the issuance of any certificate of occupancy by the Town of Malta. All water facilities will be designed and constructed in accordance with the standards of the Saratoga County Water Authority and Saratoga Water Services, Inc.
J. 
All buildings will be constructed in accordance with the New York State Building and Fire Codes. All blueprints and building specifications will be approved and stamped by a duly licensed engineer or architect. All construction will be subject to inspection, approval and certificates of occupancy by the Town Building Inspector and the Town Engineers. All buildings in the mixed use portion of the planned development district will contain a fire alarm system having a direct alarm connection to the appropriate fire company and/or fire control center. Each business located within the project shall have its own alarm system to separately indicate the location of a fire. Any enunciator panel will be visible from the outside of the building. All buildings in the mixed use portion of the planned development district shall be equipped with sprinklers in accordance with the New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association. Fire hydrants will be installed in accordance with appropriate standards and codes; provided, however, that no hose laid to any structure in the planned development district will exceed 500 feet, and minimum flow will comply with the appropriate ISO requirements. Access acceptable to the appropriate fire company will be provided to the roofs of all mixed use buildings. A secure lock box (a/k/a rapid entry system) shall be installed in a location acceptable to the Fire Department. The key lock box system shall be compatible with the system used by the Round Lake Fire Department. Ordering information and authorization may be obtained from the Chief of the Round Lake Fire Department. The lock box shall contain the following for each occupancy: labeled keys for all points of egress (interior and exterior), locked mechanical rooms, locked electrical rooms, fire alarm panels and other areas deemed appropriate by the Fire Chief.
[Amended 10-5-2015 by L.L. No. 7-2015]
K. 
All utilities shall be installed underground. The residential portions of the planned development district may be subdivided into 52 existing lots and 25 proposed lots, as herein set forth.
[Amended 8-19-2013 by L.L. No. 6-2013; 10-5-2015 by L.L. No. 7-2015]
L. 
Uses.
(1) 
Except as hereinafter provided, the uses permitted within the mixed use portion of the planned development district shall be: personal service shop; professional office: business office or bank; restaurant (except for any fast-food restaurant) and retail business, all as defined in the Town of Malta Zoning Ordinance, provided that amusement/video arcades, gas stations, laundromats and car washes shall not be permitted. Multi-family residential uses such as condominiums, apartments and multiple dwelling units containing three or more dwelling units shall also be permitted, all as defined in the Town of Malta Zoning Ordinance,[14] provided that hotels, motels, bed and breakfasts, nursing homes, senior housing and boarding houses shall not be permitted.
[Amended 8-19-2013 by L.L. No. 6-2013; 10-5-2015 by L.L. No. 7-2015]
[14]
Editor's Note: See Ch. 167, Zoning.
(2) 
Except as herein provided, the uses permitted within the residential portion of the planned development district shall be limited to single-family dwellings. No commercial uses shall be permitted within the residential portion of the planned development district.
M. 
Performance bonds or letters of credit.
(1) 
Prior to the issuance of building permits for the buildings within this district, the developer shall file performance bonds or letters of credit in amounts and for the time period required by the Town Planning Board and acceptable as to amount and form by the Town Engineers and the Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district ordinance, including but not limited to the following:
(a) 
Return of the site to its original condition after clearing and grading should this be deemed necessary by the Planning Board.
(b) 
The satisfactory completion of the roads and other infrastructure for the project.
(c) 
The satisfactory completion and maintenance for one year after completion of landscaping in the mixed use area and the common areas of the project site.
[Amended 10-5-2015 by L.L. No. 7-2015]
(2) 
The Planning Board shall determine the time at which the developer shall file such bonds, and the length of time that the bonds shall be effective. The developer will be permitted three building permits for three model homes, but no certificates of occupancy will be issued for said model homes until all of the requirements of this ordinance have been met.
N. 
All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town Planning Board, and shall be approved by the Town Engineers. The Town roads proposed herein shall be constructed fully in compliance with the specifications for a Town road in the Town of Malta, and shall be offered for dedication to the Town of Malta by the developer at no cost to the Town. The boulevard entrance to said planned development district, as shown in the annexed Appendix A-1,[15] will have a right-of-way 70 feet wide, and be approximately 150 feet in length. The right-of-way of the Town road shall abut the lands immediately to the north of the planned development district, as shown on the annexed Appendix A-1, or other provisions shall be made so that the Town will have access to the Town road from lands directly to the north of the project, which access will upon request of the Town Board be given to the Town at no cost to the Town.
[Amended 8-19-2013 by L.L. No. 6-2013; 10-5-2015 by L.L. No. 7-2015]
[15]
Editor's Note: Said appendix is on file in the Town offices.
O. 
Appropriate mailbox receptacles will be constructed by the developer in the residential portion of the planned development district. Mailboxes will be constructed per local Postal Service guidelines.
[Amended 8-19-2013 by L.L. No. 6-2013]
P. 
The recreation area will be constructed within the planned development district, prior to the issuance of any certificate of occupancy in the planned development district. The recreational amenities in the Woodfield PDD project will include a tot-lot and/or a children's activity area to be situated in the center of the residential subdivision for prime accessibility, security and safety, and a court area for tennis and basketball play, as generally set forth in Appendix A-1.[16] In addition, pursuant to Town Code § 88-6A, the developer shall pay to the Town of Malta all applicable sums set forth in the Town's Administrative Fees Matrix annexed as Table A to Chapter 88 relating to per lot residential recreation fees, as amended from time to time by the Town Board to adjust for inflation. Such sums shall be deposited into the Town's recreational fund, before the issuance of any certificates of occupancy in the planned development district.
[Amended 8-19-2013 by L.L. No. 6-2013; 10-5-2015 by L.L. No. 7-2015]
[16]
Editor's Note: Said appendix is on file in the Town offices.
Q. 
The developer shall obtain all necessary approvals, and shall create a homeowners' association for the ownership and maintenance of certain of the common areas, which areas are set forth on the annexed Appendix B and for such other purposes as may be appropriate, prior to the issuance of any building permits for any of the buildings to be constructed in this planned development district. The developer shall use reasonable efforts to pursue an agreement to merge the existing residential homeowners' association with the proposed residential homeowners' association, but nothing herein shall require either entity to enter into a contract for merger.
[Amended 8-19-2013 by L.L. No. 6-2013]
R. 
The Malta Town Board as lead agency for this project pursuant to the State Environmental Quality Review Act has adopted a statement of findings, a copy of which is annexed hereto and made a part hereof and designated Appendix D.[17] The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town. No certificates of occupancy will be issued until mitigating measures are complete.
[17]
Editor's Note: Said appendix is on file in the Town offices.
S. 
Any violation of the provisions of this ordinance shall be deemed a violation of the Town of Malta Zoning Ordinance, and the provision hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
T. 
If any provisions of this ordinance shall be held to be invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
U. 
This ordinance shall take effect 10 days after the approval of the Town of Malta Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
[Adopted 7-6-1993 by Ord. No. 9-1993]
A. 
This ordinance shall be known as "No. 28 of 1993" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 28, Bellassai Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-5 to a planned development district to be known and described as "Planned Development District No. 28, Bellassai Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 50.075 acres situated on the north side of Raymond Road, Town of Malta, County of Saratoga, State of New York, as set forth on the "Map Showing Survey of Lands of S. John & Mary Bellassai Situate in the Town of Malta, County of Saratoga, State of New York," certified by Louis J. Gnip, P.L.S., on June 23, 1990, which map is annexed hereto and made a part hereof, and designated as Schedule A.[1] The above area is further described by a metes and bounds description appended hereto as Schedule B[2] and incorporated herein by reference as if set forth in full.
[1]
Editor's Note: Schedule A is on file in the Town offices.
[2]
Editor's Note: Schedule B is on file in the Town offices.
D. 
The above-described area shall be divided into not more than seven building lots. There shall be constructed within the above-described area only single-family detached dwellings; provided, however, that the existing duplex on Lot No. 1 will be allowed, and provided further that the houses, buildings and structures already located on the proposed Lot No. 7 will be allowed. The exact sizes and configurations of the lots in said planned development district shall be as determined by the Town of Malta Planning Board, which shall retain final site plan approval over this project. No building permit shall be issued without the final approval of the site plan by the Town of Malta Planning Board; provided, however, that in no event shall any lot be less than 80,000 square feet, and further provided that no house will be built on Lot No. 6 closer than 250 feet from Raymond Road, and further provided that no building, including pavement, will be allowed within 150 feet from Raymond Road on Lot No. 6, and further provided that there will be no access to Lot No. 6 from Raymond Road. During the site plan review process, the applicant shall submit roadway and drainage plans to the Town Planning Board, together with such other plans and information as the Planning Board may deem appropriate.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Building Inspector for any buildings to be constructed on the premises herein described. Sanitary waste disposal will be provided by individual on-site systems on each lot. Water service will be provided by individual wells located on each lot.
F. 
The developer will install a hydrant at the pond on Lot No. 2, which hydrant will be in the Town of Malta right-of-way, for the purpose of allowing firemen to draw water from said pond. The design and location of said hydrant will be submitted to the Town Engineers, Clough, Harbour & Associates, who, with the advice and consent of the appropriate fire company, will approve said location and design, together with the location and design of any road alterations necessitated in order to allow the firemen access to said hydrant.
G. 
Building envelopes for each individual lot will be determined by the Planning Board at site plan review; provided, however, that the front setback shall be as set forth on the annexed Schedule A.[3]
[3]
Editor's Note: Schedule A is on file in the Town offices.
H. 
The improvements to be constructed within the planned development district shall be constructed in one phase.
I. 
The road currently existing in the proposed planned development district will be inspected by the Town Engineers, Clough, Harbour & Associates, who will make such tests as they may deem appropriate in order to determine whether the road is constructed in accordance with the requirements of the Town of Malta Subdivision Regulations,[4] and currently meet the requirements of said Subdivision Regulations, all at the expense of the developer. In the event that said existing road does not currently meet the requirements of the Town of Malta Subdivision Regulations and must, in the opinion of the Town Engineers, Clough, Harbour & Associates, be rebuilt in order to so comply, the developer will reconstruct said existing road in accordance with the requirements of the Town of Malta Subdivision Regulations and the building and construction specifications of the Town concerning the construction of the road, and, in such event, the Planning Board, during the site plan review process, will be allowed to locate the road and the accompanying drainage system as though they did not currently exist. The road proposed in said planned development district and associated stormwater management system shall be constructed in accordance with the requirements of the Town of Malta Subdivision Regulations and the building and construction specifications of the Town concerning the construction of the road; with the exception that the permitted width of said road pavement shall be 24 feet instead of 30 feet. The developer shall offer the road as a public road, together with the entire stormwater drainage system and any associated drainage easements, to the Town of Malta without cost. The developer shall post a letter of credit or bond for the road and the stormwater drainage system, pursuant to the Town of Malta Subdivision Regulations, in an amount to be established by the Town Engineers prior to the issuance of any building permit. The letter of credit or bond shall extend for at least one year past the time when said road is accepted by the Town of Malta as a public highway. This letter of credit or bond may be extended, at the option of the Town Board of the Town of Malta, for an additional one-year period. The diameter of the cul-de-sac, including the road right-of-way and pavement, will be 140 feet. The diameter of the center island will be 80 feet. The width of the road pavement in the cul-de-sac will be 20 feet, with 10 feet of additional right-of-way off the pavement.
[4]
Editor's Note: See Ch. 143, Subdivision of Land.
J. 
The Town of Malta will not require the normal recreational fee concerning this planned development district because of the relatively small size of the project as compared to the large amount of land to be placed under option to the Town of Malta and/or the Saratoga Land Conservancy, pursuant to Section 18[5] hereof.
[5]
Editor's Note: Original Section XVIII was repealed 11-4-1998.
K. 
Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board. No stumps, debris or other materials will be deposited in the planned development district. A buffer will be located on the boundary line separating the east property line of Todd and the westerly property line of the project herein, with the exact location of the buffer, its size and makeup, and any other considerations deemed appropriate by the Planning Board, to be determined by the Planning Board during the site plan review process. A buffer will be located on the boundary line between the duplex located on said project, and the property of Todd, with the location, size, and makeup of said buffer to be determined by the Planning Board during site plan review process.
L. 
Any utilities in the subject premises shall be installed underground. All utilities, including but not limited to television cables, will be installed in the right-of-way of the road proposed in said planned development district before said road shall be completed and offered to the Town of Malta.
M. 
No commercial uses shall be permitted in this planned development district.
N. 
All buildings will be constructed in accordance with the New York State Uniform Fire Prevention and Building Code and approved and stamped by a duly licensed engineer or architect. All construction shall be subject to inspection, approval and the issuance of certificates of occupancy by the Town Building Inspector.
O. 
The only allowed use in the planned development district will be a single-family detached residence; provided, however, that the existing duplex on Lot No. 1 will be allowed, as presently located. Except as amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.
P. 
Not more than one acre of federally designated wetlands as determined and confirmed by the Town Engineers shall be disturbed within the boundaries of the planned development district.
Q. 
Lot No. 2 will be reconfigured so that the northerly most pond currently located partially on Lot No. 2 and Lot No. 3 will be totally located within Lot No. 2. The southerly most pond on Lot No. 2 will not be disturbed. The pond located totally in Lot No. 6 will not be disturbed. The pond currently located partially on Lot Nos. 5, 6, and 7 will be filled in by the developer.[6]
[6]
Editor's Note: Original Section XVIII, regarding conservation easements, which immediately followed this subsection, was repealed 11-4-1998.
R. 
Prior to the issuance of building permits for the buildings within this district, the developer shall file bonds or 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 Attorney to guarantee such performance and/or completion of the requirements of this planned development district as the Planning Board may deem appropriate, including but not limited to the satisfactory completion of any work necessary on roads and other infrastructure in the project and the satisfactory completion and maintenance for one year of any buffering or landscaping which may be required.
S. 
Any violation of the provisions of this ordinance shall be deemed to be a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provision of said Town of Malta Zoning Ordinance.
T. 
If any provision of this ordinance shall be held invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
U. 
This ordinance shall take effect 10 days after the approval of the Town Board and the posting and publishing in the official newspaper of the Town of Malta as required by law.
[Adopted 10-3-1994 by Ord. No. 6-1994]
A. 
This ordinance shall be known as "No. 6 of 1994," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 29, Crandall Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 to a planned development district to be known and described as "Planned Development District No. 29, Crandall Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 3.01 acres situated on the west side of Raylinsky Road, just north of the intersection with Evans Road, Town of Malta, County of Saratoga, State of New York, as set forth on the "Sketch Map of Proposed Subdivision Alternative No. of the Lands of Timothy and Patricia Crandall," prepared by the McFarlane Land Survey Company, Inc., dated January 7, 1994, which map is annexed hereto and made a part hereof, and designated as Schedule A.[1]
[1]
Editor's Note: Schedule A is on file in the Town offices.
D. 
The above-described area shall be divided into three building lots. There shall be constructed within the above-described area only single-family detached dwellings. The exact sizes and configurations of the lots in said planned development district shall be as determined by the Town of Malta Planning Board, which shall retain final site plan approval over this project. No building permit shall be issued without the final approval of the site plan by the Town of Malta Planning Board. During the site plan review process, the applicant shall submit plans and information as the Town Planning Board may deem appropriate.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained form the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Building Inspector for any buildings to be constructed on the premises herein described. Sanitary waste disposal will be provided by the Saratoga County Sewer District. Water service will be provided by the Clifton Park Water Authority.
F. 
Building envelopes for each individual lot will be dtermined by the Planning Board at site plan review.
G. 
The improvements to be constructed within the planned development district shall be constructed in one phase.
H. 
Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board during the site plan review process.
I. 
Any utilities in the subject premises shall be installed underground.
J. 
No commercial uses shall be permitted in this planned development district.
K. 
All buildings will be constructed in accordance with the New York State Uniform Fire Prevention and Building Code and approved and stamped by a duly licensed engineer or architect. All construction shall be subject to inspection, approval and the issuance of certificate of occupancy by the Town Building Inspector.
L. 
The only allowed use in the planned development district will be a single-family detached residence. Except as amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.
M. 
Prior to the issuance of Building Permits for the buildings within this district, the developer shall file bonds or 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 Engineers and the Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district as the Planning Board may deem appropriate.
N. 
Any violation of the provisions of this ordinance shall be deemed to be a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
O. 
If any provisions of this ordinance shall be held invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
P. 
This ordinance shall take effect 10 days after the approval of the Town Board and the posting and publishing in the official newspaper of the Town of Malta as required by law.
[Adopted 5-1-1995 by Ord. No. 4-1995]
A. 
This ordinance shall be known as "Ordinance No. 4 of 1995," and amends the Town of Malta, New York, Zoning Ordinance to establish a planned development district known as "Planned Development District No. 30, Stone Planned Development District."
B. 
The area of the planned development district consisting of approximately 5.02 acres in the Town of Malta, County of Saratoga, State of New York, situate on the east side of New York State Route 9 south of County Route 9P, as represented on Town of Malta Tax Map No. 217.00, Block 2, Lot 54 (2691 Route 9) and Tax Map No. 217.00, Block 2, Lot 30.221 (2715 Route 9), currently zoned R-1 Agricultural and/or Residential, shall be rezoned. There shall be constructed within this area up to three two-story buildings with an aggregate building footprint area of no more than 20,650 square feet, to be used for commercial purposes and up to seven apartment dwelling units. There shall be a maximum of three lots and two curb cuts allowed within the planned development district. The exact lot sizes and configuration of each lot, including the number and location of parking spaces and curb cuts, shall be determined by the Town of Malta Planning Board which shall retain final subdivision and site plan approval and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board in accordance with the Town Zoning Ordinance, or without the filing of appropriate bonds or letters of credit as may be determined by the Town of Malta Planning Board during the site plan review process. A metes and bounds description of the perimeter of this planned development district shall be submitted to the Town of Malta prior to final site plan approval by the Planning Board of the Town of Malta.
[Amended 9-7-2009 by L.L. No. 8-2009]
C. 
Water and sanitary wastewater treatment within the planned development district may be provided by water wells or community water supply and septic systems or community sewer system, respectively. The appropriate written approvals for water, sewer and drainage systems shall be obtained by the applicant at its expense from the appropriate authorities, including the Town Engineer and the New York State Department of Transportation, prior to the issuance of any building permit by the Town of Malta Building Inspector for any buildings to be constructed on the herein-described premises.
D. 
All utilities, including but limited to gas, electric, telephone, etc., shall be serviced by underground pipes, wires and conduits. Outdoor lighting in this planned development district shall be determined at site plan review.
E. 
The Town of Malta Planning Board shall establish landscaping requirements for the complex. To implement landscaping, a letter of credit or bond will be provided to the Town of Malta in an amount determined by the Town Engineer and approved by the Town of Malta Planning Board all prior to the issuance of any building permit.
F. 
The developer shall minimize the removal of vegetation where practical, to be approved by the Town of Malta Planning Board.
G. 
A soil conservation plan shall be submitted by the applicant prior to final approval by the Town of Malta Planning Board and said plan shall have approval of the Town of Malta Planning Board.
H. 
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector and Town Engineers. All buildings shall be equipped with sprinklers and designed in accordance with New York State Building and Fire Codes and the standards of the National Fire Protection Association.
I. 
The front yard setback for any and all permanent construction in this planned development district shall be a minimum of 80 feet, the side yard setback shall be a minimum of 20 feet and the rear yard setback shall be a minimum of 40 feet. The minimum frontage for any lot created shall be 200 feet.
J. 
The planned development district area shall be for a maximum of seven apartment dwelling units and the following uses allowed in the C-1 and C-2 Commercial Districts: personal service shop, professional office, business office, bank, florist, fitness center, small animal hospital, nonpublic school, nursery school and day-care center. Signage shall be allowed as is allowed in the C-1 Commercial District.
K. 
If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.
L. 
As amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.
M. 
This ordinance shall take effect 10 days after the approval of the Town Board and posting and publishing in the official newspapers of the Town of Malta as required by law.
N. 
A sign may be erected and lighted in conformance with the annexed Exhibit AA.[1]
[Added 2-2-2009 by L.L. No. 3-2009]
[1]
Editor's Note: Exhibit AA is on file in the Town offices.
[Adopted 12-17-1996 by Ord. No. 5-1996]
A. 
This ordinance shall be known as "No. 5 of 1996" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 31, Legend Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the area shown on a map entitled "Portion of Lands of Round Lake Rod and Gun Club, Inc., for William Parker," by Northeast Land Survey & Land Development Consultants, P.C., as revised through December 17, 1996, annexed hereto and made a part hereof as Schedule A,[1] from the existing Land Conservation Zoning to a planned development district to be known and described as "Planned Development District No. 31, Legend Planned Development District, Town of Malta."
[1]
Editor's Note: Schedule A is on file in the Town offices.
C. 
The area of the planned development district consists of 19.385 acres situated at the south end of Ruhle Road North, at the north side of Ballston Creek, Town of Malta, County of Saratoga, State of New York, as set forth on the annexed Schedule A.
D. 
The above-described area shall be divided into four building lots. There shall be constructed within the above-described area only single-family detached dwellings, with one such dwelling per building lot. The exact sizes and configurations of the lots in said planned development district shall substantially conform to the annexed Schedule A. The Town of Malta Planning Board shall retain final site plan approval over the project. No building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Building Inspector for any buildings to be constructed on the premises herein described. Sanitary waste disposal will be provided by individual on-site systems on each lot. Water service will be provided by individual wells located on each lot.
F. 
Front yard setbacks for the individual lots shall be a minimum of 50 feet, side yard setbacks for the individual lots shall be a minimum of 25 feet and back yard setbacks for the individual lots shall be a minimum of 50 feet.
G. 
"No-build/no-cut" zones will be established as set forth on the annexed Schedule A,[2] with such additional no-build/no-cut zones as may be established by the Planning Board during the site plan review process, and will be set forth on the final subdivision map, and included in deed restrictions. Proposed deeds to the subject lots, containing said restrictions, will be submitted to the Town Attorney of the Town of Malta for his approval prior to the granting of any certificates of occupancy for the subject lots. These zones are meant to provide a buffer between this planned development district and abutting properties. No clear-cutting will be allowed in these zones, and no live trees over three inches in diameter as measured at the base will be allowed to be cut. No building, including driveways, sheds or any other type of construction, will be allowed in the no-build/no-cut zones. There will be a fifty-foot easement given to the Town of Malta along the Ballston Creek from the high water mark of the Ballston Creek for pedestrian traffic only, as shown on the annexed Schedule A. The developer will give the Town an easement measuring 100/100 from the center of the stream north along Ruhle Road North as shown on the annexed Schedule A for the purpose of possible future construction at the bridge site. The developer will deed five feet to the Town of Malta on either side of Ruhle Road North as shown on the annexed Schedule A. All easements and deeds given to the Town of Malta pursuant to this legislation shall be at no cost to the Town of Malta and shall be given to the Town before the first certificate of occupancy is issued. The developer shall present to any buyer of a lot included in this planned development district a copy of the final subdivision map as filed, and will be required to sign an acknowledgment at the Building Department of the Town of Malta stating that he has given a copy of the subdivision map to any new buyer prior to the issuance of any certificate of occupancy.
[2]
Editor's Note: Schedule A is on file in the Town offices.
H. 
The improvements to be constructed within the planned development district shall be constructed in one phase.
I. 
The cul-de-sac proposed in said planned development district and stormwater management system shall be constructed in accordance with the requirements of the Town of Malta Subdivision Regulations[3] and the building and construction specifications of the Town concerning the construction of the road and substantially as shown on the annexed Schedule A.[4] The developer shall offer the cul-de-sac as a public road, together with the stormwater management system and any associated drainage easements, to the Town of Malta without cost. The developer shall further offer to quit claim any part of the existing Ruhle Road right-of-way included in the planned development district, as shown on the annexed Scheduled A, to the Town of Malta without cost to the Town of Malta. The developer shall post a letter of credit or bond, pursuant to the Town of Malta Subdivision Regulations, in an amount to be established by the Town Engineer prior to the issuance of any building permit. The letter of credit or bond shall extend for at least one year past the time when said cul-de-sac is accepted by the Town of Malta as a public highway. This letter of credit or bond may be extended, at the option of the Town Board of the Town of Malta, for an additional one-year period.
[3]
Editor's Note: See Ch. 143, Subdivision of Land.
[4]
Editor's Note: Schedule A is on file in the Town offices.
J. 
The developer shall be responsible for the repair of any damage to Ruhle Road North caused by the developer. The amount of such damage which is caused by the developer shall be determined by the Town of Malta Superintendent of Highways, with the advice of the Town Engineers prior to the commencement of site work to ensure the proper protection of said road as established by the Town of Malta Superintendent of Highways, with said letter of credit or bond to remain in place until release by the Town of Malta Superintendent of Highways with the advice of the Town Engineer.
K. 
The Town of Malta shall be paid the sum of $300 per lot, with said sums to be deposited to the Town's recreational fund when building permits are issued for each lot.
L. 
Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board. No stumps, debris or other materials will be deposited in the planned development district.
M. 
Any utilities in the subject premises shall be installed underground. All utilities, including but not limited to television cables, will be installed in the right-of-way of the road proposed in said planned development district before said road shall be completed and offered to the Town of Malta.
N. 
No commercial uses shall be permitted in this planned development district.
O. 
All buildings will be constructed in accordance with the New York State Uniform Fire Prevention and Building Code and approved and stamped by a duly licensed engineer or architect. All construction shall be subject to inspection, approval and the issuance of certificates of occupancy by the Town Building Inspector.
P. 
The only allowed use in the planned development district will be a single-family detached residence. Except as amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.
Q. 
Not more than one acre of federally designated wetlands as determined and confirmed by the Town Engineers shall be disturbed within the boundaries of the planned development district.
R. 
Any violations of the provisions of this ordinance shall be deemed to be a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
S. 
If any provisions of this ordinance shall be held invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
T. 
This ordinance shall take effect 10 days after the approval of the Town of Malta as required by law.
[Adopted 5-22-1997 by Ord. No. 7-1997]
A. 
This ordinance shall be known as "No. 7 of 1997" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 32, Highpointe Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from the existing C-1 Commercial and R-1 Residential to a planned development district to be known and described as "Planned Development District No. 32, Highpointe Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 150.37 plus or minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (Site Plan SE-3 "Highpointe at Malta Planned Development District," County of Saratoga, Town of Malta, State of New York, prepared by Reimann Buechner Partnership, dated November 1, 1996, last revised March 31, 1997), attached hereto and made a part hereof (which site plan is hereinafter referred to as "Appendix A").
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The Highpointe planned development district will contain the following, all as more particularly shown on Appendix A and Appendix G, presented to the Town Board, which appendices are determined by the Town Board to comply with this legislation:
[Amended 7-5-2011 by L.L. No. 8-2011]
(1) 
Twenty thousand square feet of commercial office space contained in one or two separate, freestanding buildings to be located on the parcel designated as the commercial parcel (hereinafter the "commercial parcel") on Appendix A, the erection of which is hereby authorized subject to the terms and conditions of this ordinance. The maximum building height of any building shall be 30 feet. The commercial portion of the planned development district shall have parking and buffering shown on Appendix A and as established during the site plan review process by the Planning Board.
(2) 
Two hundred four senior apartments including senior citizen residential units, independent living units and assisted living care units ("senior apartments") contained in two separate two-story freestanding buildings with a total maximum size not exceeding 168,000 square feet to be located on the parcel designated as the apartment parcel (hereinafter the "apartment parcel") on Appendix A, generally as shown on Appendix D and Appendix G,[2] the erection of which is hereby authorized subject to the terms and conditions of this section. The maximum height of such buildings shall be 30 feet. The senior apartments shall be subject to a deed restriction that occupancy of the senior apartments shall be reserved exclusively for occupancy by person 55 years of age and older, which deed restriction, in substantially the form annexed hereto as Appendix B[3], subject to the Town Attorney's review and approval, the restriction shall be recorded in the County Clerk's office simultaneously with the recording of the final plat for the planned development district. Proof shall be furnished to the Town Attorney of the recording of said covenant and restriction, prior to the issuance of any building permits. No real property tax abatement shall be granted to the senior apartments.
[2]
Editor's Note: Said appendices are on file in the Town offices.
[3]
Editor's Note: Appendix B is on file in the Town offices.
(3) 
Seventy-six lots for single-family residences ("single-family lots") and 74 lots for patio-style single-family residences ("patio-homes lots"), all substantially as shown on Appendix A.
(4) 
A parcel of land consisting of approximately four plus/minus acres of land to be deeded to the Town of Malta prior to the issuance of any building permit within the district for use in the future as a community center, substantially as shown on Appendix A. Water and sewer service connections shall be provided.
(5) 
One or more parcel(s) of land, substantially as shown and designated on Appendix A, will be deeded to a homeowners' association subject to a Declaration of Covenants, Easements and Restrictions in substantially the form annexed thereto as Appendix C,[4] which declaration shall be recorded in the County Clerk's Office, subject to the Town Attorney's review and approval, simultaneously with the recording of the final plat for the planned development district.
[4]
Editor's Note: Appendix C is on file in the Town offices.
(6) 
The project will be developed with an anticipated build-out schedule of four years, excluding the commercial area. The build-out and number of homes will be driven by market demand and absorption rate. Construction of the senior apartment will proceed as soon as financing can be obtained. The developers shall make application for such financing as soon as practicable, and commence construction of 82 senior apartments as soon as practicable. In the event that 100 single-family homes have been constructed and no senior apartment house construction has begun, no further building permits will be issued for single-family homes until such time as 82 senior apartments are under active construction and at least 25% complete in the opinion of the Town of Malta Town Engineer. In order to minimize the impact associated with construction, traffic will be directed to the access point which is closest to the area then under construction.
(7) 
The Highpointe at Malta planned development district will contain approximately 40% open space (including the areas designated on Appendix A as the Highpointe Commons and the Highpointe Fields) substantially as shown on Appendix A, all of which lands shall be subject to the aforesaid Declaration of Covenants, Easements and Restrictions. The open space will be partially owned by the aforesaid homeowners' association and partially owned by the owner of the apartment parcel as shown on Appendix A. Each such owner shall be responsible for the maintenance and upkeep of its portion of the areas of the open space.
(8) 
The design and construction of the buildings and landscaping within the commercial parcel will be done by the developer to ensure a compatible development. The developer shall improve the portion of existing Cramer Road shown on Appendix A between Route 9 and the new access road into the planned development district, to Town standards. The developer shall install the privacy barrier adjacent to Cramer Road as shown on Appendix A. The developer shall also deed to the Town a strip of land along the northern boundary of this district abutting existing Cramer Road, of approximately 10 plus/minus feet in width, to create a right-of-way width of 35 feet measured from the center line of existing Cramer Road to the property line of the district. The aforesaid deed to the Town shall be subject to the Town Attorney's review and approval and subject also to furnishing proof of the recording of said deed prior to the issuance of building permits. The Town also shall take whatever steps are required to accept conveyance of the aforesaid properties.
(9) 
The developer shall install additional vegetative buffers as shown on Appendix A and as established during the site plan review process by the Planning Board prior to the issuance of any certificate of occupancy within 200 feet of such buffer is located. In addition, deed restrictions restricting the cutting of vegetation on portions of lots within the district which abut adjoining properties as shown on Appendix A and as established during the site review process by the Planning Board shall be included in the aforesaid Declaration of Covenants, Easements and Restrictions, which declaration shall provide that such restrictions shall be enforceable by the homeowners' association created for the district.
(10) 
All transportation improvements to state highways shall be constructed in accordance with highway work permits from the New York State Department of Transportation, which must be obtained by the developer in a timely fashion.
(11) 
Each purchaser of a home built on a single-family lot and/or a patio-home lot shall be notified in writing of the existence of the Albany-Saratoga Speedway prior to execution of any contract to purchase said home and each deed to any such home shall also contain a notice of the existence of said Albany-Saratoga Speedway. Each tenant at the time of leasing of an apartment in the senior apartments shall be notified in writing of the existence of the Albany-Saratoga Speedway. Each lease shall contain such notification to the tenant of the existence of the Albany-Saratoga Speedway. Purchasers of homes built on a single-family lot and/or a patio-home lot located on any street within the district which terminates at a point which may connect to adjoining lands in the future shall be notified of the possibility of such future connection prior to execution of any contract to purchase said home and each deed to any such home shall also contain a notice of the possibility of such future connection. All stub streets shall be deeded to the Town and the developer shall supply any additional documentation needed for dedication as public streets, prior to the issuance of building permits. There shall be no reserve strips.
E. 
As to the commercial parcel, there will be a minimum setback from the property line adjacent to New York State Route 9 of 80 feet for any building or pavement constructed in said commercial parcel. There will be a minimum setback of 80 feet for any building on each of the southerly, westerly and northerly sides of the commercial parcel. The building(s) and parking shall be located substantially as shown on Appendix A. As to the apartment parcel, there will be a minimum setback from the property line adjacent to New York State Route 9 of 80 feet for pavement and 100 feet for any building constructed in said apartment parcel. There will be a minimum setback of 50 feet for any building on each of the southerly, westerly and northerly sides of the apartment parcel. The buildings and parking shall be located substantially as shown on Appendix A.[5]
[5]
Editor's Note: Appendix A is on file in the Town offices.
F. 
Development and lot requirements.
(1) 
Only single-family detached dwellings shall be constructed on the single-family lots and the patio-home lots. Each dwelling constructed shall have a two-car garage and a paved driveway, which shall be a paved double driveway for a length of at least 20 feet in front of the garage. No garage constructed in any dwelling may be converted into living area. Each deed for a dwelling shall contain a restrictive covenant prohibiting the converting of any garage into living area. Single-family homes, shall be constructed containing not less than 1,500 square feet of living space. Patio homes shall be constructed having not less than 1,200 square feet of living space for a two-story dwelling. In no event shall the square footage of a one-story patio home be less than 1,000 square feet of living space. Each single-family home will be sold with an appropriate exterior landscaping package approved at site review by the Planning Board.
(2) 
As to the single-family lots, in no event shall any lot be less than 15,000 square feet, with an average lot size being 20,000 square feet, and further provided that in no event shall any lot have less than 90 feet of road frontage. For all dwellings to be constructed on the single-family lots, there will be a minimum front yard setback of 35 feet from the front yard boundary, a minimum rear yard setback of 30 feet from the rear yard boundary and a minimum side yard setback of 15 feet from the side yard boundary. Flag lots shall have a minimum road frontage of 30 feet.
(3) 
As to the patio-home lots, in no event shall any lot be less than 6,000 square feet, and further provided that in no event shall any lot have less than 60 feet of road frontage. For all dwellings to be constructed on the patio-home lots, there will be a minimum front yard setback of 25 feet from the front yard boundary, a minimum rear yard setback of 25 feet from the rear yard boundary, a minimum side yard setback of 15 feet from the side yard boundary on one side of each patio-home lot and a minimum side setback of zero feet from the other side yard boundary on the opposite side of each patio-home lot, as shown on the Appendix A. In the deed to each patio-home lot, an easement will be reserved for benefit of the owner of the adjoining patio home, for maintenance of the portion of the adjoining patio home located on the lot line having a zero-foot setback, as well as an easement for roof, window ledge and similar overhangs. No windows other than those shown on the original building plans shall be placed in the wall adjacent to the zero-foot setback line.
(4) 
As individual building plans, with actual foundation locations, are submitted to the Town of Malta Building Inspector for the single-family lots and the patio-home lots, the developer and builder shall assure that the setbacks from the front yard boundary line will be staggered (that is, not all on the front setback line), provided that nothing in this sentence shall require the developer to locate any dwelling more than six feet behind the front setback line, and further provided that nothing in this sentence shall be deemed to in any way reduce the front yard setback as set forth herein.
G. 
Site plan; certificate of occupancy.
(1) 
Prior to the issuance of building permits within this district, the owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate section of the Town Zoning Ordinance, as modified and amended hereby. No building permits shall be issued without final approval of the site plan by the Town Planning Board or final approval of any proposed amendments thereto, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. Specific details concerning the work allowed pursuant to such permits, and bonds which may be required, shall be established by the Planning Board during the site plan review process. During the Town Planning Board's review of any proposed site plan amendments, it shall have, among other things, the authority to consider possible effects that any proposed amendment may have upon density, traffic patterns, parking and fire safety.
[Amended 7-5-2011 by L.L. No. 8-2011]
(2) 
Individual certificates of occupancy must be obtained from the Town of Malta Building Department by each individual tenant prior to occupying any portion of any building within the commercial parcel, regardless of whether the tenant is one of the original tenants or a successor. In addition, occupancy by the tenant will be subject to applicable site plan review under the Town of Malta Zoning Ordinance, as amended hereby, regardless of whether the tenant is one of the original tenants or a successor. The developer shall construct the project in accordance with Appendix A.[6] However, the exact location and size of the buildings, location of parking areas, green areas, pedestrian walkways and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the developer with flexibility. Appendix A is not intended to limit the developer to specific locations of buildings or parking lots or other items customarily related to the site plan review process. Notwithstanding anything to the contrary in the above, the developer shall provide sidewalks connecting the various areas within the planned development district along the particular streets of the district where sidewalks are shown on Appendix A and as established during the site plan review process, which shall be located within the Town right-of-way substantially as shown on the typical road cross section of the district annexed hereto as Appendix E.[7] The Developer shall also construct the walking paths through the open space in the planned development district, substantially as shown on Appendix A. All dumpsters located on the commercial parcel will be buffered. All buffered areas as shown upon Appendix A and as established during the site plan review process shall be installed and maintained.
[6]
Editor's Note: Appendix A is on file in the Town offices.
[7]
Editor's Note: Appendix E is on file in the Town offices.
H. 
All traffic control signs required for any area of this project, and all road markings associated with any area of this project, shall be completed by the developer prior to the issuance of any certificate of occupancy for such area of this project.
I. 
All signs within the commercial parcel of the district shall comply with the standards for signs for offices as set forth in the Town of Malta Zoning Ordinance.
J. 
Sanitary waste disposal will be provided by connection to the Saratoga County Sewer District No. 1. All sewer facilities will be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1 and approval of the installation by the Saratoga County Sewer District No. 1 shall be filed with the Town Building Department. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 all completed sewer facilities at no cost to the Saratoga County Sewer District No. 1. The sewer district shall determine what portion of these facilities are appropriate for public ownership. Notwithstanding the foregoing, the developer will be authorized by the Town to form a New York State transportation corporation to retain ownership of the lift station and force main providing connection to the Saratoga County Sewer District No. 1 existing facilities and to maintain and operate such installation for a sufficient period of time to recoup the cost of such installation (together with the expense of the operation and maintenance of such installation during such period) by charging users on the system served by such installation a fee to be established in accordance with the above criteria by the developer and the Town of Malta. At the expiration of such period of ownership of the aforesaid installation, the developer shall cause such installation to be offered for dedication to the Saratoga County Sewer District No. 1. The developer shall cause the transportation corporation, subject to approval by the Town Board of the service area and subject to the rates to be charged and approval of the Saratoga County Sewer District, to make available hook-ups for the adjoining properties and properties on Cramer Road Extension. All hook-up costs shall be the responsibility of the new users. All grinder pumps installed and their operation, maintenance, repair and replacement shall be the responsibility of the owner of the premises serviced by such grinder pump.
K. 
Water service shall be provided by interconnection with the Saratoga Water Services, Inc. (or its successor or assigns). All necessary approvals concerning said interconnection will be obtained from the appropriate state and local authorities, and the actual interconnection will be completed prior to the issuance of any certificate of occupancy for this project by the Town of Malta. All water facilities will be designed and constructed in accordance with the standards of Saratoga Water Services, Inc.
L. 
All buildings will be constructed in accordance with the New York State Building and Fire Codes. All blueprints and building specifications will be approved and stamped by a duly licensed engineer or architect. All construction will be subject to inspection, approval and certificates of occupancy by the Town Building Inspector and the Town Engineers. All buildings in the commercial parcel and the apartment parcel will contain a fire alarm system having a direct alarm connection to the appropriate fire control center. Each business and apartment building located within the project shall have its own alarm system to separately indicate the location of a fire. Any enunciator panel will be visible from the outside of the building. All buildings in the apartment parcel except accessory building and all buildings in the Commercial Parcel shall be equipped with sprinklers. All sprinklers shall be installed in accordance with the New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association. Fire hydrants will be installed in accordance with appropriate standards and codes; provided, however, that no hose laid to any structure in the planned development district will exceed 500 feet, and minimum flow will comply with the appropriate ISO requirements. Access acceptable to the appropriate fire company will be provided to the roofs of all commercial buildings and senior apartment buildings. A secure lock box (a/k/a rapid entry system) for each commercial building and senior apartment buildings shall be installed in a location acceptable to the Fire Department. The key lock box system shall be compatible with the system used by the Malta Ridge Fire Department (or such organization's successor). Ordering information and authorization may be obtained from the Chief of the Malta Ridge Fire Department. The lock box shall contain the following for each occupancy: labeled keys for all points of egress (interior and exterior), locked mechanical rooms, locked electrical rooms, fire alarm panels and other areas deemed appropriate by the Fire Chief.
M. 
All utilities shall be installed underground. The planned development district shall be subdivided into the commercial parcel, the apartment parcel, 76 single-family lots and 74 patio-home lots, the lands to be conveyed to the homeowners' association and the lands to be deeded to the Town for a future Town community center, as herein set forth, prior to issuance of building permits within the district. The balance of the site may not be further subdivided without the approval of the Malta Town Board.
N. 
Uses.
(1) 
The uses permitted within the commercial parcel shall be: personal service shop, professional, medical or general business office; or day-care facility.
(2) 
The uses permitted within the apartment parcel shall be for apartments for occupancy by persons 55 years of age or older as set forth in Subsection D above and related services such as health care, food service and other similar services to be provided to residents of the apartments. The first eighty-two-unit apartment building in the apartment parcel may be granted real property tax abatement, but the second eighty-two-unit apartment building to be constructed in the apartment parcel, together with any new construction that takes place within the apartment parcel, will receive no real property tax abatement of any kind. A payment for services agreement, generally as set forth in the annexed Exhibit A,[8] shall be entered into between the owner of the first eighty-two-unit apartment building to be constructed in the apartment parcel and the Town of Malta, before any building permit is issued to construct the said eighty-two-unit apartment building. The final form of the said payment for services agreement shall be acceptable to the Town Attorney of the Town of Malta. The owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate sections of the Town Zoning Ordinance, as modified and amended hereby, as to the sewage pump station which has been constructed on the site, prior to the issuance of building permits for the apartment buildings to be constructed on the apartment parcel.
[Amended 5-3-1999; 7-5-2011 by L.L. No. 8-2011]
[8]
Editor's Note: Exhibit A is on file in the Town offices.
(3) 
Except as herein provided, the uses permitted within the balance of the residential portion of the planned development district shall be limited to single-family dwellings. The uses permitted within the residential portion of the planned development district shall be those permitted by the Town of Malta Zoning Ordinance within R-1 Districts as presently existing and as amended from time to time.
O. 
Performance bonds or letters of credit.
(1) 
Prior to the issuance of building permits, the developer shall file performance bonds or letters of credit in amounts and for the time period required by and acceptable as to amount and form by the Town Engineers and the Town Attorney to guarantee such performance and/or completion of the requirements of the area under development as defined by the Town Engineer and Building Inspector, including but not limited to the following:
(a) 
The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.
(b) 
The satisfactory completion and maintenance for one year after completion of landscaping in the commercial parcel, the apartment parcel and the common areas of the site, including but not limited to the Highpointe Commons and the Highpointe Fields.
(2) 
The developer will be permitted building permits for up to three model single-family homes and three model patio homes without the posting of performance bonds or letters of credit, but no certificate of occupancy will be issued for said model homes until all of the requirements of this ordinance have been met.
P. 
All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town Planning Board, and shall be approved by the Town Engineers. The Town road proposed herein shall be constructed in accordance with the typical road cross section for the district annexed hereto as Appendix E[9] and otherwise in full compliance with the specifications for a Town road in the Town of Malta, and shall be offered for dedication to the Town of Malta by the developer at no cost to the Town. The installation of all sewer and water service and where practicable utility services within the district by the developer will made to the right-of-way left for possible future connections to adjoining lands as shown on Appendix A[10] so that existing pavement within the district will not have to be disturbed in order to make such connection.
[9]
Editor's Note: Appendix E is on file in the Town offices.
[10]
Editor's Note: Appendix A is on file in the Town offices.
Q. 
Appropriate mailbox receptacles will be constructed by the developer in the residential portion of the planned development district. There will be a minimum of two such mailbox receptacles in any one group for the single-family home lots and a minimum of four such mailbox receptacles in any one group for the patio-home lots. Mailbox receptacles will be placed by the developer on the proper side of the road as determined by the appropriate postal authorities.
R. 
The recreation areas of the planned development district (including, without limitation, the walking paths through the open space) shown on Appendix A other than the Highpointe Commons will be constructed within the planned development district prior to the issuance of any certificate of occupancy within the area established by the Town Engineer and Building Inspector, pursuant to Subsection O in which such recreation area is located. Walking paths through the open space shall be a minimum of 42 inches wide and shall be constructed of stone dust or other comparable material. Sidewalks along streets shall be a minimum of 48 inches wide and shall be constructed of asphalt. The Highpointe Commons will be constructed prior to the issuance of any certificate of occupancy for any building located on the apartment parcel. In addition to the areas designated on Appendix A as the Highpointe Commons and the Highpointe Fields, the recreational amenities in the district will include two play areas, one such play area for preschool-age children and one for elementary-school-age children with appropriate apparatus as determined by the Planning Board during site plan review. A park fee of $150 shall be paid for each single-family unit built at the time of obtaining the building permit.
S. 
The developer shall obtain all necessary approvals, and shall create a homeowners' association for the ownership and maintenance of certain of the common areas, which areas are set forth on Appendix A and as established during the site plan review process, and for such other purposes as may be appropriate, prior to the issuance of any certificate of occupancy for any of the buildings to be constructed on the single-family lots or the patio home lots.
T. 
The Malta Town Board as lead agency for this project pursuant to the State Environmental Quality Review Act has adopted a negative declaration, a copy of which is annexed hereto and made a part hereof and designated Appendix F.[11] The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town.
[11]
Editor's Note: Appendix F is on file in the Town offices.
U. 
Any violation of the provisions of this ordinance shall be deemed a violation of the Town of Malta Zoning Ordinance, and the provision hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
V. 
If any provisions of this ordinance shall be held to be invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
W. 
This ordinance shall take effect 10 days after the approval of the Town of Malta Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
[Adopted 5-22-1997 by Ord. No. 10-1997; amended 1-4-2010 by L.L. No. 1-2010]
A. 
This local law shall be known as "No. 1 of 2010," amending and superseding Ordinance No. 10 of 1997, which provided for the creation of a "Planned Development District No. 33, Just for Trucks Planned Development District, Town of Malta." All exhibits referenced herein are on file with the Town offices and incorporated herein by reference.
B. 
Chapter 167, including the Town's Zoning Map, are amended by changing the following described area as set forth below from the existing R-1 Residential to a planned development district to be known and described as "Planned Development District No. 33, Just for Trucks Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 8.737 plus or minus acres in the Town of Malta and is bounded and described as set forth in Exhibit B.[1]
[1]
Editor's Note: Exhibit B is on file in the Town offices.
D. 
The Just for Trucks planned development district will contain a new building, which will be no larger than 6,000 square feet, to be substantially the same as that shown in Exhibit C,[2] together with the building currently existing on the site. The uses allowed in the planned development district will be limited to business office and professional office uses. All other uses shall be excluded, except that the single-family residence currently located within the planned development district may be used for a single-family residence or for business or professional office space. There will be a minimum setback from the property line adjacent to New York State Route 9 of 90 feet, and a minimum rear yard setback of 50 feet. Utilities shall be installed underground. The driveway as shown on Exhibit A[3] shall be blacktop. Exhibit G[4] depicts the proposed 2010 modifications to the building to facilitate the proposed new uses.
[2]
Editor's Note: Exhibit C is on file in the Town offices.
[3]
Editor's Note: Exhibit A is on file in the Town offices.
[4]
Editor's Note: Exhibit G is on file in the Town offices.
E. 
Water will be supplied by on-site wells, and sanitary sewer will be treated by individual sanitary sewer systems, and all appropriate written approvals shall be obtained from the appropriate authorities and the Town Engineers prior to the issuance of any building permit or certificate of occupancy.
F. 
Prior to the issuance of building permits within this district, and in the event that the building currently existing in the planned development district is used for offices, the owner shall submit a site plan for approval by the Planning Board of the Town of Malta in accordance with the appropriate section of Chapter 167 as modified and amended hereby. No building permits shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. Specific details concerning the work allowed pursuant to such permits, and details concerning the work allowed pursuant to such permits, and bonds which may be required, shall be established by the Planning Board during the site plan review process. Buffering will be provided at the northwest corner of the proposed parking lot, with the type and extent of such buffering to be determined by the Town Planning Board during the site plan review process, together with any other buffering which may be required by the Town Planning Board. The storage area will be fenced with stockade fence, as set forth by the Town Planning Board during the site plan review process, with such storage area and fencing to substantially comply with the fenced-in area as set forth in Exhibit A.[5] Parking will be provided as set forth on Exhibit A. The dumpster will be located in the rear, as shown on Exhibit A. The Town Code of the Town of Malta shall be applicable to this Planned Development District in all instances where the PDD does not particularly address an issue. Where those requirements are established by neighborhood designations, the requirements of the neighborhood where the PDD is situated shall apply.
[5]
Editor's Note: Exhibit A is on file in the Town offices.
G. 
The developer shall construct the project substantially in accordance with Exhibit A and, to the extent modified, by Exhibit G.[6] However, the exact location and size of the buildings, location of parking areas, green areas, pedestrian walkways, and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the developer and the Town of Malta Planning Board with flexibility.
[6]
Editor's Note: Exhibit G is on file in the Town offices.
H. 
A maximum of three vehicles will be allowed to be parked overnight in the planned development district, except that if the existing building is used as a single-family residence, vehicles may be parked at the residence as an ancillary use to its use as a single-family residence. No outside storage will be allowed in the planned development district, outside the fenced-in area as established pursuant to Subsection F hereof.
I. 
All buildings will be constructed in accordance with the New York State Building and Fire Codes. All blueprints and building specifications will be approved and stamped by a duly licensed engineer or architect. All construction will be subject to inspection, approval and certificates of occupancy by the Town Building Inspector and the Town Engineers. All buildings in the commercial parcel will contain a fire alarm system having a direct connection to the appropriate fire control center. Each business located within the project shall have its own alarm system to separately indicate the location of a fire. Any enunciator panel will be visible from the outside of the building. If public water becomes available to the planned development district, sprinklers will be installed in accordance with the New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association within one year of the time that such public water becomes available. Access acceptable to the appropriate fire company will be provided to the roofs of all buildings. A secure lock box (also known as a "rapid-entry system") for each building shall be installed in a location acceptable to the Fire Department. The key lock box system shall be compatible with the system used by the Round Lake Fire Department (or such organization's successor). Ordering information and authorization may be obtained from the Chief of the Round Lake Fire Department. The lock box shall contain the following for each occupancy: labeled keys for all points of egress (interior and exterior), locked mechanical rooms, locked electrical rooms, fire alarm panels and other areas deemed appropriate by the Fire Chief.
J. 
Performance bonds or letters of credit.
(1) 
Prior to issuance of building permits, the developer shall file performance bonds or letters of credit in amounts and for the time period required by and acceptable as to amount and/or completion of the requirements of the area under development as defined by the Town Engineers and Building Inspector, including but not limited to the following:
(a) 
The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.
(b) 
The satisfactory completion and maintenance for one year after completion of landscaping in the planned development district.
(2) 
The Malta Town Board as lead agency for this project pursuant to the State Environmental Quality Review Act has adopted a negative declaration, a copy of which is annexed hereto and made a part hereof and designated Exhibit F.[7] The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town.
[7]
Editor's Note: Exhibit F is on file in the Town offices.
K. 
All signs within the planned development district will comply with the requirements of the Town of Malta Planning Board, as established during the site plan review process, and shall be in accordance with the signage allowed for business and professional offices in the neighborhood where the PDD is located, provided that no signs shall substantially deviate from the sign shown on Exhibit A.[8]
[8]
Editor's Note: Exhibit A is on file in the Town offices.
L. 
Any violation of the provision of this local law shall be deemed a violation of Chapter 167 of the Code of the Town of Malta.
M. 
If any provision of this local law shall be held to be invalid in an appropriate court proceeding, the remainder of this local law shall not be affected thereby.
[Adopted 9-17-1997 by Ord. No. 12-1997]
A. 
This ordinance shall be known as "No. 12 of 1997" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 34, Stewart's Ridge Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended to change the following described area as set forth below from the existing C-1 Commercial and R-6 Residential to a planned development district to be known and described as "Planned Development District No. 34, Stewart's Ridge Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 18.63 plus or minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] attached hereto and made part hereof.
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The Stewart's Ridge planned development district will contain the office building existing on the site, together with two additional office buildings, all as shown on the attached Appendix B,[2] with the building designated Phase 1 to contain no more than 19,200 square feet, and the building designated Phase 2 to contain no more than 45,000 square feet. The maximum height of these buildings shall be 30 feet. The uses allowed in this planned development district shall be office space. No other uses, including but not limited to retail or industrial uses, shall be allowed in the planned development district. The two new buildings to be constructed on the site shall be substantially the same design as the existing building, as set forth in the annexed Appendix B.
[2]
Editor's Note: Appendix B is on file in the Town offices.
E. 
There will be a minimum setback from the property line adjacent to New York State Route 9 of 80 feet, and a minimum side yard set back of 50 feet and a minimum rear yard setback of 50 feet. Utilities shall be installed underground.
F. 
Water will be supplied by on-site wells and sanitary sewer will be treated by individual sanitary sewer systems, and all appropriate written approvals shall be obtained from the appropriate authorities and the Town Engineers prior to the issuance of any building permit or certificate of occupancy.
G. 
The access road to be constructed will be constructed to Town specifications, prior to dedication to the Town, if any, and will be constructed so that its entrance aligns with the entrance to the so-called "UMI building," which is directly opposite from the planned development district. Easements and/or deed restrictions will be given to the owners of the lands directly to the east of the planned development district, to allow them to use the entrance road for access to said property.
H. 
Prior to the issuance of building permits within this district, the owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate section of the Town Zoning Ordinance, as modified and amended hereby. No building permits shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. Specific details concerning the work allowed pursuant to such permits, and bonds which may be required, shall be established by the Planning Board during the site plan review process. Buffering will be provided along the southerly boundary of the planned development district, with the type and extent of such buffering to be determined by the Town Planning Board during the site plan review process, together with any other buffering which may be required by the Town Planning Board.
I. 
The development shall construct the project substantially in accordance with Appendix C.[3] However, the exact location and size of the buildings, location of parking areas, green areas, pedestrian walkways and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the developer and the Town of Malta Planning Board with flexibility.
[3]
Editor's Note: Appendix C is on file in the Town offices.
J. 
All traffic control signs required for any area of this project and all road markings associated with any area of this project shall be completed by the developer prior to the issuance of any certificate of occupancy for such area of this project.
K. 
All signs within the planned development district will comply with the requirements of the Town of Malta Planning Board, as established during the site plan review process; provided, however, that the signs will substantially comply with the annexed Appendix C.
L. 
All buildings will be constructed in accordance with the New York State Building and Fire Codes. All blueprints and building specifications will be approved and stamped by a duly licensed engineer or architect. All construction will be subject to inspection, approval and certificates of occupancy by the Town Building Inspector and the Town Engineers. All buildings in the commercial parcel will contain a fire alarm system having a direct connection to the appropriate fire control center. Each business located within the project shall have its own alarm system to separately indicate the location of a fire. Any enunciator panel will be visible from the outside of the building. The building designated Phase 1 shall not be equipped with sprinklers. The building designated Phase 2 shall be equipped with sprinklers in accordance with New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association. Access acceptable to the appropriate fire company will be provided to the roofs of all buildings. A secure lock box (a/k/a rapid entry system) for each building shall be installed in a location acceptable to the Fire Department. The key lock box system shall be compatible with the system used by the Malta Ridge Fire Department (or such organization's successor). Ordering information and authorization may be obtained from the Chief of the Malta Ridge Fire Department. The lock box shall contain the following for each occupancy: labeled keys for all points of egress (interior and exterior), locked mechanical rooms, locked electrical rooms, fire alarm panels and other areas deemed appropriate by the Fire Chief.
M. 
Prior to the issuance of building permits, the developer shall file performance bonds or letters of credit in amounts and for the time period required by and acceptable as to amount and form by the Town Engineers and the Town Attorney to guarantee such performance and/or completion of the requirements of the area under development as defined by the Town Engineers and Building Inspector, including but not limited to the following:
(1) 
The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.
(2) 
The satisfactory completion and maintenance for one year after completion of landscaping in the planned development district.
N. 
All drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town Planning Board, and shall be approved by the Town Engineers.
O. 
The Malta Town Board as lead agency for this project pursuant to the State Environmental Quality Review Act has adopted a negative declaration, a copy of which is annexed hereto and made a part hereof and designated Appendix E.[4] The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town.
[4]
Editor's Note: Appendix E is on file in the Town offices.
P. 
Any violation of the provisions of this ordinance shall be deemed a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
Q. 
If any provisions of this ordinance shall be held to be invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
R. 
This ordinance shall take effect 10 days after the approval of the Town of Malta Town Board and posting and publishing in the official newspapers of the Town of Malta as required by law.
[Adopted 10-6-1997 by Ord. No. 13-1997]
A. 
This ordinance shall be known as "No. 13 of 1997" and amends the Town of Malta Zoning Ordinance to provide for the creation of a Planned Development District No. 35, Blacksmith Square Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from the District C-2 Commercial, as such is now zoned, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 35, Blacksmith Square Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 2.5 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) attached hereto and made a part hereof.
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The Blacksmith Square planned development district will contain three commercial lots, with one building located on each lot, with a maximum of 10,600 square feet of total building area, the erection of which is hereby authorized subject to the terms and conditions of this ordinance. The buildings, roads and other paved surfaces other than sidewalks in the proposed development district will cover not more than 50% of the site, and the remaining area, to wit not less than 50% of the site, will be used for green space, to include open space, buffer strips and landscaped areas including sidewalks, all as generally shown on a map entitled "Blacksmith Square Planned Development District," prepared by Northeast Land Survey and Land Development Consultants, Inc., dated July 1, 1997, and last revised September 25, 1997, (Appendix B).[2] The planned development district will be authorized to have parking for up to 70 cars. It will also have individual on-site water supply systems and a connection to the County sewer system. The design, construction and maintenance of all buildings and landscaping within the development district will be done by the developer to assure a compatible, aesthetically pleasing development in a "colonial Village" atmosphere.
[2]
Editor's Note: Appendix B is on file in the Town offices.
E. 
Construction specifications.
(1) 
The developer shall construct the project generally in accordance with the approved concept plan, annexed hereto (Appendix B).[3] However, the exact location and size of buildings, location of parking areas, green areas, pedestrian sidewalks and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the developer with flexibility for a mixture of commercial/retail space. The sketch plan is not intended to limit the developer to specific location of buildings or parking lots, or other related items customarily considered by the site plan review process.
[3]
Editor's Note: Appendix B is on file in the Town offices.
(2) 
Nothwithstanding the above, the developer shall provide sidewalks along the Route 9 right-of-way which is adjacent to the planned development district, with such sidewalks to be appropriately aligned with sidewalks on adjacent properties, the exact location of which to be determined by the Town Planning Board in the site plan process. All dumpsters located in the project will be buffered. These buffer areas shall contain quality landscaping and/or berming as determined by the Town of Malta Planning Board during the site plan review process, which shall be in place prior to issuance of any certificate of occupancy for any building on the site, except for planting of trees and shrubbery which may be planted at the appropriate season.
F. 
Development requirements; site plan; certificates of occupancy.
(1) 
The entire project shall consist of three buildings not to exceed a total of 10,600 square feet. Parking spaces shall conform to the requirements established by the Town Planning Board during the site plan review process. The maximum building height of any building shall be 30 feet. There shall be no building constructed within 100 feet of the edge of the present right-of-way for New York State Route 9 or 50 feet of the edge of the Blacksmith Road right-of-way. The developer shall landscape the planned development district in a manner which is deemed appropriate by the Town of Malta Planning Board during the site plan review process, including but not limited to landscaping the areas adjacent to any roads abutting the planned development district.
(2) 
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan for approval by the Town Planning Board in accordance with Article VI of the Town Zoning Ordinance. No building permits shall be issued without final approval of the site plan by the Town Planning Board.
(3) 
Individual certificates of occupancy must be obtained from the Town of Malta Building Department by each individual tenant prior to occupying any building or any portion of a building within the Blacksmith Square planned development district, regardless of whether the tenant is one of the original tenants or a successor.
G. 
All traffic control signs required for this project and all road markings associated with the project shall be completed by the developer prior to the issuance of any certificate of occupancy concerning this project.
H. 
All signs within the district shall comply with the standards for commercial signs as set forth in Article VIII of the Town of Malta Zoning Ordinance, and are subject to approval by the Town of Malta Town Board. All signs, other than building-mounted signs and traffic control signs, shall be monument-type signs as shown on Appendix C.[4] A maximum of one monument sign per building will be allowed, plus one designated sign stating the name of the planned development district, as shown on Appendix C. All monument-type signs may be double-sided, and the square footage of only one side of the sign will be taken into account for the purpose of computing the maximum amount of signage allowed.
[4]
Editor's Note: Appendix C is on file in the Town offices.
I. 
The three buildings of the district shall be of colonial architectural design and designed and constructed substantially in conformance with the architectural drawings appended as Appendix C.
J. 
Water will be supplied by individual on-site production wells and water systems serving each building within the district. Sanitary sewers will be provided throughout the site by connection to the County sewer system. The connection to the existing system will be provided by the developer at its expense. All sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 all completed off-site sewer facilities at no cost to the Saratoga County Sewer District No. 1. The sewer district shall determine what portion of these facilities are appropriated for public ownership.
K. 
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved and stamped by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector and Town Engineers. All buildings will contain a fire alarm system having direct alarm connection to the appropriate fire company and/or fire control center.
L. 
All utilities shall be installed underground.
M. 
No outside storage of any products or equipment shall be permitted on the subject premises, except for daytime outside display of merchandise and products for sale in the normal course of business.
N. 
Uses.
(1) 
Except as hereinafter provided, the uses permitted within this district shall be as follows:
(a) 
Lot No. 1: Offices or retail uses.
(b) 
Lot No. 2: Offices or retail uses, or under-car care specialist repair facility, with no engine tuneup, engine repair or transmission repair allowed.
(c) 
Lot No. 3: Offices, retail uses or restaurant. A drive-through facility will be allowed on any restaurant on Lot No. 3, provided that it is located on the south side of the building.
(d) 
A car wash, to be constructed substantially in conformance with the annexed Exhibit A.[5]
[Added 5-1-2000]
[5]
Editor's Note: Exhibit A is on file in the Town offices.
(2) 
All terms in this subsection shall be as defined in the Town of Malta Zoning Ordinance.
O. 
Performance bonds or letters of credit.
(1) 
The developer shall file bonds or letters of credit in the amounts and for the time periods required by the Town Planning Board and acceptable as to amount and form to the Town Engineers and Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district ordinance, including but not limited to the following:
(a) 
The satisfactory completion and maintenance for one year after completion of landscaping on the project site.
(2) 
The Planning Board shall determine the time at which the developer shall file such bonds.
P. 
All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town Planning Board, and shall be approved by the Town Engineers. The developer shall make provision for access roads, with adequate area to allow these roads to be built to Town specifications, through the site from Blacksmith Road to provide future access to lands to the south substantially as set forth on the sketch plan (Appendix B),[6] and as required during the site plan review process. Any such access road area shall be conveyed to the Town of Malta, without cost, within 30 days after the Town of Malta has formally requested such conveyance in writing to the then-owner of the access road areas.
[6]
Editor's Note: Appendix B is on file in the Town offices.
Q. 
The developer has agreed to contribute to the Town of Malta an amount equal to 1.2% of the actual costs of the proposed improvements to the intersection of New York State Routes 9 and 67 under New York State Department of Transportation Industrial Access Project No. 6, (LIN 1752.91, D002728). No certificates of occupancy for any building will be issued until 1/3 of said contributions are completed. One third of the contribution will be due prior to the issuance of a certificate of occupancy for each of the three buildings approved hereby.
R. 
The Malta 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 Appendix D.[7] The developer agrees to comply with all of the mitigating measures which are a part thereof, at no cost to the Town. No certificate of occupancy will be issued until the mitigating measures are complete.
[7]
Editor's Note: Appendix D is on file in the Town offices.
S. 
This ordinance shall take effect 10 days after approval of the Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
[Adopted 12-1-1997 by Ord. No. 16-1997]
A. 
This ordinance shall be known as "No. 16 of 1997" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 36, Burton Meadows Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 Residential to a planned development district to be known and described as "Planned Development District No. 36, Burton Meadows Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 60.8 plus or minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (Site Plan, Burton Meadows at Malta, Planned Development District, County of Saratoga, Town of Malta, State of New York, prepared by Erdman, Anthony Consulting, dated July 9, 1997), attached hereto and made a part hereof (which site plan is hereinafter referred to as "Appendix A").
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The Burton Meadows planned development district will contain the following, all as more particularly shown on the Appendix A presented to the Town Board to comply with this legislation:
(1) 
Forty-four lots for single-family residences ("single-family lots") all substantially as shown on Appendix A.
(2) 
The project will be developed with an anticipated build-out schedule of three years. The build-out and number of homes will be driven by market demand and absorption rate.
E. 
Construction and lot requirements.
(1) 
Only single-family detached dwellings shall be constructed on the single-family lots. Each dwelling constructed shall have a two-car garage and a paved driveway, which shall be a paved double driveway for a length of at least 20 feet in front of the garage. No garage constructed in any dwelling may be converted into living area. Each deed for a dwelling shall contain a restrictive covenant prohibiting the converting of any garage into living area. Single-family homes shall be constructed containing not less than 1,500 square feet of living space. Each single-family home will be sold with an appropriate exterior landscaping package approved at site review by the Planning Board. As to any property which abuts properties existing on Miller Road, there will be a fifty-foot back yard no-cut, no-build zone, and a thirty-foot additional setback therefrom, except for easements for the installation of sewer, water and other utilities.
(2) 
As to the single-family lots, in no event shall any lot be less than 20,000 square feet. For all dwellings to be constructed on the single-family lots, there will be a minimum front yard setback of 25 feet from the front lot line, a minimum rear yard setback of 50 feet from the rear lot line and a minimum side yard setback of 10 feet from the side lot line except for the easterly side yards for lots numbered 27 and 44 which shall have a minimum yard of 15 feet. Screening as required by the Planning Board shall be installed between Lot 44 and the lands now or formerly of Jerry Lumia. Flag lots shall have a minimum road frontage of 18 feet. The minimum lot width will be 100 feet and will be measured at the front yard setback. The front yard setback may be in excess of the minimum 25 feet in order to attain one-hundred-foot lot width.
F. 
Prior to the issuance of building permits within this district, the owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate section of the Town Zoning Ordinance, as modified and amended hereby. No building permits shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. Specific details concerning the work allowed pursuant to such permits, and bonds which may be required, shall be established by the Planning Board during the site plan review process.
G. 
All traffic control signs required for any area of this project and all road markings associated with any area of this project shall be completed by the developer prior to the issuance of any certificate of occupancy for such area of this project.
H. 
Sanitary waste disposal will be provided by connection to the C.K. Sanitary Systems, Inc. All sewer facilities will be designed and constructed in accordance with the standards of both C.K. Sanitary Systems, Inc., its successors and/or assigns, and Saratoga Sewer District No. 1, and approval of the installation by the Saratoga Sewer District No. 1 shall be filed with the Town Building Department. All hook-up costs shall be the responsibility of the new users. All grinder pumps installed and their operation, maintenance, repair and replacement shall be the responsibility of the owner of the premises served by such grinder pump. Prior to the issuance of certificates of occupancy for lots numbered 1 through 26, the sanitary sewer main shall be installed within the right-of-way of Miller Road.
I. 
Water service shall be provided by interconnection with the Clifton Park Water Authority (or its successor or assigns). All necessary approvals concerning said interconnection will be obtained from the appropriate state and local authorities, and the actual interconnection will be completed prior to the issuance of any certificate of occupancy for this project by the Town of Malta. All water facilities will be designed and constructed in accordance with the standards of Clifton Park Water Authority. Water will be looped along Miller Road, as set forth on the annexed Appendix A[2] prior to the issuance of certificate of occupancy for Lots 1 through 26. Prior to the issuance of certificate of occupancy for building within the subdivision the developer shall file a performance bond or letter of credit in the amount and form acceptable to the Town Engineers and Town Attorney to guarantee that the water will be looped along Miller Road within five years of site plan approval.
[2]
Editor's Note: Appendix A is on file in the Town offices.
J. 
All buildings will be constructed in accordance with the New York State Building and Fire Codes. All blueprints and building specifications will be approved and stamped by a duly licensed engineer or architect. All construction will be subject to inspection, approval and certificates of occupancy by the Town Building Inspector and the Town Engineers. Fire hydrants will be installed in accordance with appropriate standards and codes, provided, however, that no hose laid to any structure in the planned development district will exceed 500 feet, and minimum flow will comply with the appropriate ISO requirements.
K. 
All utilities shall be installed underground.
L. 
The uses permitted within the residential portion of the planned development district shall be limited to single-family dwellings and "residential uses" as currently defined in the Town of Malta Zoning Ordinance.
M. 
Performance bonds or letters of credit.
(1) 
Prior to the issuance of building permits, the developer shall file performance bonds or letters of credit in amounts and for the time period required by and acceptable as to amount and form by the Town Engineers and the Town Attorney to guarantee such performance and/or completion of the requirements of the area under development as defined by the Town Engineer and Building Inspector.
(2) 
The developer will be permitted building permits for up to two model single-family homes without the posting of performance bonds or letters of credit, but no certificate of occupancy will be issued for said model homes until all of the requirements of this ordinance have been met.
N. 
All roads, drainage easements and related rights-of-way shall be constructed and/or approved by the Town Planning Board, and shall be approved by the Town Engineers. The Town road proposed herein shall be constructed in accordance with the typical road cross section for the district annexed hereto as Appendix B[3] and otherwise in full compliance with the specifications for a Town road in the Town of Malta, and shall be offered for dedication to the Town of Malta by the developer at no cost to the Town. The installation of all sewer and water service and where practicable utility services within the district by the developer will be made to the right-of-way left for possible future connections to adjoining lands as shown on the Appendix A[4] so that existing pavement within the District will not have to be disturbed in order to make such connection. Any pump station and other sewer infrastructure must be designed, where practicable, to accommodate existing homes on East Line Road. A boulevard entrance will be provided to the road accessing the planned development district from Miller Road, with the design thereof to be reviewed and approved during the site plan review process.
[3]
Editor's Note: Appendix B is on file in the Town offices.
[4]
Editor's Note: Appendix A is on file in the Town offices.
O. 
Appropriate mailbox receptacles will be constructed by the developer in the residential portion of the planned development district. There will be a minimum of two such mailbox receptacles in any one group for the single-family home lots. Mailbox receptacles will be placed by the developer on the proper side of the road as determined by the appropriate postal authorities.
P. 
The developer shall pay a park fee of $300 per lot. The fee of $300 shall be paid as a building permit application is submitted for said lot.
Q. 
The Malta Town Board as lead agency for this project pursuant to the State Environmental Quality Review Act has adopted a negative declaration, a copy of which is annexed hereto and made a part hereof and designated Appendix C[5]. The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town.
[5]
Editor's Note: Appendix C is on file in the Town offices.
R. 
Any violation of the provisions of this ordinance shall be deemed a violation of the Town of Malta Zoning Ordinance, and the provision hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.
S. 
If any provisions of this ordinance shall be held to be invalid in an appropriate court proceeding, the remainder of this ordinance shall not be affected thereby.
T. 
This ordinance shall take effect 10 days after the approval of the Town of Malta Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.
[Adopted 11-3-1999 by Ord. No. 4-1999]
A. 
This ordinance shall be known as "No. 4 of 1999" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District to be known as "Planned Development District No. 37, Saratoga Boulevard Planned Development District, Town of Malta."
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta, as set forth therein be and the same hereby are amended by changing the following described area as set forth below from the Saratoga Village Planned Development District, as such is now zoned, and creating within the boundaries of the said newly described area a planned development to be known and described as "Planned Development District No. 37, Saratoga Boulevard Planned Development District, Town of Malta."
C. 
The area of the Planned Development District consists of 10.83 plus or minus acres of land in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) attached hereto and made a part hereof.
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The Saratoga Boulevard Planned Development District will contain up to six commercial lots, with one building located on each lot, with a maximum of 134,000 square feet of total building area, with no building to be over two stories high. "Total building area" does not mean "footprint," but means the total building area of the building, whether it be on the first or second floor. The buildings, roads and other paved surfaces other than sidewalks in the proposed development district will cover not more than 50% of the site, and the remaining area, to wit not less than 50% of the site, will be used for green space, to include open space, buffer strips, landscaped areas, including sidewalks, all as generally shown on a map entitled "Vinciguerra PDD Conceptual Plan, Town of Malta," as prepared by the Environmental Design Partnership, dated July 14,1999. (Appendix B).[2] It will also have individual on-site water supply systems and a connection to the County sewer system. The design, construction and maintenance of all buildings and landscaping within the Development District will be done by the developer to assure a compatible, aesthetically pleasing development in a "colonial Village" atmosphere. No building permits will be issued for any building within the said planned development until a rendering of the building has been submitted to the Town Board of the Town of Malta and approved by the Town Board of the Town of Malta.
[2]
Editor's Note: Appendix B is on file in the Town offices.
E. 
Construction specifications.
(1) 
The developer shall construct the project generally in accordance with the approved concept plan, annexed hereto (Appendix B). However, the exact location and size of buildings, location of parking areas, green areas, pedestrian sidewalks and other related matters may be changed, altered or amended during the Town of Malta Planning Board site plan review process. It is the intention of this provision to provide the development with flexibility for the development of the site. The sketch plan is not intended to limit the developer to specific location of buildings or parking lots or other related items customarily considered by the site plan review process.
(2) 
Notwithstanding the above, the developer shall provide sidewalks, the exact location of which to be determined by the Town of Malta Planning Board in the site plan review process. All dumpsters located in the project will be buffered. These buffer areas shall contain quality landscaping and/or berming as determined by the Town of Malta Planning Board during the site plan review process, which shall be in place prior to the issuance of any certificate of occupancy for any building on the site, except for planting of trees and shrubbery which may be planted at the appropriate season.
F. 
Development requirements; site plan; building permits; certificates of occupancy.
(1) 
The entire project shall consist of up to six buildings not to exceed a total of 134,000 square feet. Parking spaces shall conform to the requirements established by the Town of Malta Planning Board during the site plan review process. The maximum building height of any building shall be 30 feet. Setbacks will be established by the Town of Malta Planning Board during the site plan review process. The developer shall landscape the Planned Development District in a manner which is deemed appropriate by the Town of Malta Planning Board during the site plan review process, including, but not limited to, landscaping the areas adjacent to any roads abutting the Planned Development District.
(2) 
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan for approval by the Town of Malta Planning Board in accordance with Article VI of the Town Zoning Ordinance. No building permits shall be issued without final approval of the site plan by the Town of Malta Planning Board.
(3) 
Subject to the terms and conditions of this ordinance, one building permit for the construction of a building on the lot designated Lot No. 1 on Appendix B is hereby approved. No further building permits shall be issued in this Planned Development District without the approval of the Town Board of the Town of Malta.
(4) 
Individual certificates of occupancy must be obtained from the Town of Malta Building Department by each individual tenant prior to occupying any building or any portion of a building within the Saratoga Boulevard Planned Development District, regardless of whether the tenant is one of the original tenants or a successor.
G. 
All traffic control signs required for this project, and all road markings associated with the project, shall be completed by the developer prior to the issuance of any certificate of occupancy concerning this project.
H. 
All signs within the Planned Development District shall comply with the standards for commercial signs as set forth in Article VIII of the Town of Malta Zoning Ordinance and are subject to approval by the Town of Malta Town Board.
I. 
The buildings of the Planned Development District shall be of colonial architectural design.
J. 
Water will be supplied by individual on-site production wells and water systems serving each building within the Planned Development District. Sanitary sewers will be provided throughout the site by connection to the County sewer system. The connection to the existing systems will be provided by the developer at its expense. All sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 all completed off-site sewer facilities at no cost to the Saratoga County Sewer District No. 1. The Sewer District shall determine what portion of these facilities are appropriated for public ownership.
K. 
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved and stamped by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town of Malta Building Inspector and Town of Malta Engineers. All buildings will contain a fire alarm system and an appropriate sprinkler system.
L. 
All utilities shall be installed underground.
M. 
No outside storage of any products or equipment shall be permitted on the subject premises, except for daytime outside display of merchandise and products for sale in the normal course of business.
N. 
Uses.
(1) 
Except as herein provided, the uses permitted within the planned development for the first building to be constructed therein on the lot designated No. 1 of Appendix B shall be offices. Any uses proposed for any other buildings which may be constructed in the Planned Development District pursuant to the terms hereof shall be submitted to the Town Board of the Town of Malta and must be approved by the Town Board of the Town of Malta.
(2) 
All terms in this subsection shall be as defined in the Town of Malta Zoning Ordinance.
O. 
Performance bonds or letters of credit.
(1) 
The developer shall file bonds or letters of credit in the amounts and for the time periods required by the Town of Malta Planning Board and acceptable as to amount and form to the Town of Malta Engineers and Town of Malta Attorney to guarantee such performance and/or completion of the requirements of this planned development district ordinance, including, but not limited to, the following: The satisfactory completion and maintenance for one year after completion of landscaping on the project site.
(2) 
The Town of Malta Planning Board shall determine the time at which the developer shall file such bonds.
P. 
All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town of Malta Planning Board and shall be approved by the Town of Malta Engineers. The developer shall make provision for access roads, with adequate area to allow these roads to be built to Town specifications, through the site to provide future access substantially as set forth on the sketch plan (Appendix B) and as required during the site plan review process. Any such access road area shall be conveyed to the Town of Malta, without cost, within 30 days after the Town of Malta has formally requested such conveyance in writing to the then-owner of the access road areas.
Q. 
The developer has agreed to contribute to the Town of Malta $3,000 per lot to help offset the actual costs of improvements to the intersection of New York State Routes 9 and 67. No building permit for any building will be issued until the amount of the contribution attributable to said building has been received by the Town of Malta.
R. 
The Malta 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 Appendix D.[3] The developer agrees to comply with all of the mitigating measures which are a part thereof, at no cost to the Town of Malta. No certificate of occupancy will be issued until the mitigating measures are complete.
[3]
Editor's Note: Appendix D is on file in the Town offices.
[Adopted 11-9-1999 by Ord. No. 6-1999]
A. 
This ordinance shall be known as "No. 6 of 1999" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 38, Captain Youth Home Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 Residential to a Planned Development District to be known and described as "Planned Development District No. 38, Captain Youth Home Planned Development District, Town of Malta."
C. 
The area of the Planned Development District consists of 5.80 plus or minus acres in the Town of Malta and is bounded and described as set forth in Exhibit A, Boundary Survey Lands now or formerly of D. Vaughn Woodworth, attached hereto and made a part hereof.[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
D. 
The Captain Youth Home Planned Development District will contain the building currently existing on the said premises, as shown on Exhibit A, attached hereto and made a part hereof, and as further set forth on Exhibit B, attached hereto and made a part hereof.[2] The uses allowed in the planned development district will be the uses currently existing thereon, namely a home for temporarily homeless youth of Saratoga County. The total youth residents allowed in the home at any one time shall not exceed eight. No expansion of the operations of the youth home, nor any alterations of any kind to the exterior of the buildings currently located on the subject premises, nor any addition of any buildings, except one two-hundred-square-foot storage shed, will be allowed without the approval of the Town Board of the Town of Malta.
[2]
Editor's Note: Exhibit B is on file in the Town offices.
E. 
Water will be supplied by private wells, and sanitary sewer will be treated by individual sanitary sewer systems, and all appropriate written approvals shall be obtained from the appropriate authorities.
F. 
All activities at the Captain Youth Home will be overseen and controlled by CAPTAIN of Shenendehowa, Inc., and any proposed change in this control factor must be approved by the Town Board of the Town of Malta.
G. 
No site plan review will be required for the buildings and operations approved by this planned development district at this time.
H. 
All requirements of the Malta Ridge Fire Department as set forth in Exhibit C,[3] attached hereto and made a part hereof, will be met on or before the first day of October, 2000. No signs will be permitted within the planned development district.
[3]
Editor's Note: Exhibit C is on file in the Town offices.
I. 
The utilities serving the planned development district are hereby approved as they currently exist, except as herein set forth.
J. 
Any violation of the provisions of this ordinance shall be deemed a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provisions of the said Town of Malta Zoning Ordinance.
[Adopted 5-1-2000 by Ord. No. 2-2000]
A. 
This ordinance shall be known as "Ordinance No. 2 of 2000," and amends the Town of Malta, New York Zoning Ordinance to provide for the creation of a planned development district to be known as "Planned Development District No. 39, Knolls Edge Planned Development District, Town of Malta."
B. 
The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-1 to a planned development district to be known and described as "Planned Development District, Knolls Edge Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 46.9 acres in the Town of Malta, County of Saratoga, State of New York, situated on the east side of Ruhle Road South, as set forth in the deed description marked Exhibit A and attached hereto.[1]
[1]
Editor's Note: Exhibit A is on file in the Town offices.
D. 
There shall be constructed, within the above-described area, 36 single-family dwellings, all as set forth on the plan dated February 7, 2000, and prepared by Ivan Zdrahal Associates, P.L.L.C., marked Exhibit B and attached hereto,[2] and placed on file with the Planning Board of the Town of Malta. The lot size and configurations of the lots herein shall be substantially as shown on the plan dated February 7, 2000, and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board. The dwelling, if two-story, shall contain a minimum of 1,800 square feet of habitable space, and one-story shall contain 1,500 square feet of habitable space. All dwellings shall have full basements. All dwellings shall provide for two parking spaces, said spaces side by side.
[2]
Editor's Note: Exhibit B is on file in the Town offices.
E. 
The appropriate written approvals for water, sewer and drainage systems shall be obtained by the applicant, at its expense, from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy by the Town of Malta Building Inspector for any buildings to be constructed on the herein-described premises. The water and sewer services for said buildings shall be provided by Malta Water Supply District #1 and C.K. Sanitary Systems, Inc.
F. 
All lots in the Planned Development District shall have a minimum size of no less than 18,000 square feet. The minimum lot frontage shall be 90 feet at the building line; the side yard setback shall be 10 feet; the minimum front yard setback shall be 40 feet; the minimum rear yard setback shall be 25 feet for any structure, including accessory buildings.
G. 
All drainage easements shall be a minimum of 30 feet in width, 15 feet from the center line of the pipe or ditch, and in addition to the easements for ditches and pipes, the developer shall convey to the Town of Malta a twelve-foot-wide easement around the perimeter of any detention area or ponds.
H. 
All utilities, including, but not limited to, gas, electric, etc., shall be serviced by underground pipes, wires and conduits.
I. 
The developer shall provide to Town of Malta at the time of issuance of building permits for the planned development district the sum of $300 per lot, such sum to be known as a "recreation fee."
J. 
The Town of Malta Planning Board shall establish minimum landscaping requirements for each lot.
K. 
The developer shall design and construct roadways and other infrastructure components in accordance with the subdivision regulations and as shown on Exhibit B attached hereto.[3]
[3]
Editor's Note: Exhibit B is on file in the Town offices.
L. 
No Sunday construction shall be allowed.
M. 
A soil conservation plan shall be submitted by the developer at the site plan approval stage (to be approved by the Planning Board and Town Engineer).
N. 
The water system installed in this planned development district shall provide for fire hydrants and the operation thereof in accordance with I.S.O. standards and flow requirements.
O. 
The Town of Malta shall be given a permanent easement over the area or areas of the detention pond or ponds and easements for access to said pond or ponds and easements to all drainage to and from said pond or ponds, all in accordance with the stormwater management plan to be approved by the Planning Board and Town Engineer.
P. 
Stormwater management plans to be approved by the Town Engineer shall provide for a reduction in the rate of stormwater discharge to the southeast, as per stormwater management plan summary alternative 1 or 2, marked Exhibit C and attached hereto.[4]
[4]
Editor's Note: Exhibit C is on file in the Town offices.
Q. 
The developer shall obtain all necessary approvals and shall create a homeowners' association for the ownership and maintenance of certain common areas, which areas are set forth in Exhibit B,[5] and as established during the site plan review process, and for such other purposes as may be appropriate, prior to the issuance of any certificate of occupancy for any of the buildings to be constructed on the single-family lots. Prior to transfer of the common area from the developer to the homeowners' association, a tax search must be submitted to the Building Department.
[5]
Editor's Note: Exhibit B is on file in the Town offices.
R. 
A liability policy written by an insurance company licensed to do business in the State of New York, and in an amount of not less than $5,000,000 combined single limit each occurrence, shall be in force prior to issuance of the certificate of occupancy, and proof of such insurance shall be filed with the Town Clerk.
S. 
Easements shall be granted for all drainage structures (pipes, swales or catch basins) which do not fall within a proposed right-of-way.
T. 
Should the development plan be altered by site plan approval by the Planning Board, the stormwater management plan must be updated to reflect the increase or decrease of runoff (to be approved by the Planning Board and Town Engineer).
U. 
The deed or deeds to each lot in this Planned Development District shall contain language setting forth the requirements of membership in the Knolls Edge Homeowners' Association.
V. 
The Malta Town Planning Board shall make provisions in its final site plan review for planting of trees and other landscaping to implement landscaping as shown on the map dated February 7, 2000, marked Exhibit B, and a letter of credit will be provided to the Town of Malta in an amount determined by the Town Engineer, all prior to the issuance of any building permit.
W. 
The developer shall provide a vegetative buffer and paved walkway along Ruhle Road and expansion of the existing berm along the east and south property boundaries, and such plan and work shall be subject to the approval of the Town of Malta Planning Board and the Town Engineer.
X. 
The developer shall develop and construct a footpath through the common area, and such plan and construction shall be subject to the approval of the Town of Malta Planning Board and the Town Engineer.
Y. 
The developer shall prepare a soil erosion and sediment control plan to be approved by the Malta Town Planning Board and Town Engineer, said plan to be implemented during construction of the project.
Z. 
The developer shall provide a letter of credit in an amount determined by the Malta Highway Superintendent and Town Engineer to insure proper completion of all roads and other infrastructure to be constructed in this planned development district.
AA. 
During the course of construction of the planned development district herein, the developer shall be responsible for the maintenance of Ruhle Road from Round Lake Road to Miller Road, and Miller Road from Ruhle Road to East Line Road, with the exception of snowplowing.
BB. 
The footpath along Ruhle Road, as shown on Exhibit B, shall be four feet in width and paved as approved by the Town Engineer and done prior to issuance of any certificate of occupancy.
CC. 
No permanent structures, except detention ponds and related appurtenances, may be constructed within the three-hundred-foot buffer zone along Interstate 87 (Northway).
DD. 
Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.
EE. 
No commercial uses shall be permitted in the Knolls Edge Planned Development District, Town of Malta, Saratoga County, New York.
[Adopted 6-13-2000 by Ord. No. 4-2000]
A. 
This ordinance shall be known as "No. 4 of 2000" and amends the Town of Malta Zoning Ordinance to provide for the creation of a Planned Development District No. 40, Caro Planned Development District, Town of Malta.
B. 
The Town of Malta, New York, Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by changing the following described area as set forth below from the District R-1 Residential, as such is now zoned, and creating within the boundaries of said newly described area a planned development district to be known and described as "Planned Development District No. 40, Caro Planned Development District, Town of Malta."
C. 
The area of the planned development district consists of 22.69 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] attached hereto and made part hereof.
[1]
Editor's Note: Appendix A is on file in the Town offices.
D. 
The Caro Planned Development District will contain the drive-in theater which currently exists on the site, and a building with a maximum 22,000 square feet of total building area, the erection of which is hereby authorized subject to the terms and conditions of the ordinance. The buildings, roads and other paved surfaces, other than sidewalks, in the proposed development district will cover not more than 48% of the site, and the remaining area, to wit, not less than 52% of the site, will be used for green space, to include open space, buffer strips and landscaped areas, including sidewalks, all as generally shown on a map entitled "Furniture Plus Caro PDD," prepared by Northeast Land Survey and Land Development Consultants P.C. dated 01/17/2000, last revised 5/31/2000 (Appendix B).[2] The planned development district will have parking as shown on the annexed Appendix B, including parking areas to be designated for future use. The planned development district will have an individual on-site water supply system, and sewage will be handled by an on-site septic system. Up to three tenants/occupants/businesses will be allowed to occupy the twenty-two-thousand-square-foot building at any given time.
[Amended 5-7-2007 by L.L. No. 7-2007; 7-2-2012 by L.L. No. 9-2012]
[2]
Editor's Note: Appendix B is on file in the Town offices.
E. 
Construction specifications.
(1) 
The developer shall construct the project generally in accordance with the approved concept plan, annexed hereto (Appendix B).[3]
[3]
Editor's Note: Appendix B is on file in the Town offices.
(2) 
Notwithstanding the above, the developer shall provide an entrance from Route 9, the location configuration of which to be determined by the New York State Department of Transportation. All dumpsters located in the project will be buffered. These buffer areas shall contain quality landscaping and/or berming as determined by the Town of Malta Planning Board during the site plan review process, which shall be in place prior to issuance of any certificate of occupancy for any building on the site, except for planting of trees and shrubbery which may be planted at the appropriate season.
F. 
Development requirements; site plan; subdivisions; certificates of occupancy.
[Amended 1-6-2014 by L.L. No. 1-2014]
(1) 
The entire project shall consist of the existing drive-in theater, which currently exists on the site, and one building not to exceed a total of 22,000 square feet. The maximum building height of any building shall be 25 feet. The developer shall landscape the planned development district in a manner which is deemed appropriate by the Town of Malta Planning Board during the site plan review process, including but not limited to landscaping the areas adjacent to any roads abutting the planned development district.
(2) 
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan for approval by the Town Planning Board in accordance with Article VI of the Town Zoning Law. No building permits shall be issued without final approval of the site plan by the Town Planning Board.
(3) 
In the event the structure is proposed to include a garage door facing New York State Route 9 accessible by way of a front one-lane driveway, such proposal is not inconsistent with the zoning provisions contained in this chapter. However, such development is subject to Town Planning Board site plan review authority, and the Planning Board shall ensure that any such garage door be a high-quality, architectural garage door.
(4) 
Any future subdivisions sought within this planned development district are subject to Town Planning Board subdivision review authority. In considering subdivision applications, the Planning Board shall apply all generally applicable criteria. For purposes of applicable minimum lot sizes, those set forth in the C-4 Zone shall apply. For any use for which a minimum lot size is not established within the C-4 Zone, the proposed lot shall be at least 40,000 square feet. In the event of multiple uses upon a particular lot or proposed lot, which uses are subject to different minimum lot sizes, the larger minimum lot size shall apply.
G. 
All traffic control signs required for this project and all road markings associated with the project shall be completed by the developer prior to the issuance of any certificate of occupancy concerning this project.
H. 
The sign which is hereby approved for the project will be substantially in conformance with the sign depicted on the annexed Appendix C.[4] No advertisements for anything other than the drive-in will be allowed on the currently existing drive-in movie sign.
[Amended 5-2-2011 by L.L. No. 5-2011; 7-2-2012 by L.L. No. 9-2012]
[4]
Editor's Note: Appendix C is on file in the Town offices.
I. 
The building to be constructed in the planned development district shall be substantially in accordance with the architectural drawings appended as Appendix D,[5] including the list of buildings materials to be used on the building as outlined on the said Appendix D.
[5]
Editor's Note: Appendix D is on file in the Town offices.
J. 
Water will be supplied by individual on-site production wells and water systems serving each building within the district. Sanitary sewers will be provided by an on-site sewage system.
K. 
All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved and stamped by a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Building Inspector and Town Engineers. All buildings will contain a fire alarm system having direct alarm connection to the appropriate fire company and/or fire control center.
L. 
All utilities shall be installed underground.
M. 
No outside storage of any products or equipment shall be permitted on the subject premises. Notwithstanding the above, in regard to power sports use, short-term outdoor display for sale of power sports equipment is permitted during the daytime. However, no more than five items may be displayed outdoors at any given time. Regardless of use, any outdoor storage of merchandise is subject to Planning Board site plan review authority.
[Amended 5-2-2011 by L.L. No. 5-2011; 1-6-2014 by L.L. No. 1-2014]
N. 
Uses.
[Amended 5-2-2011 by L.L. No. 5-2011; 7-2-2012 by L.L. No. 9-2012]
(1) 
The following uses shall be allowed as of right in the district:
(a) 
Drive-in movie theater.
(b) 
Professional office.
(c) 
Furniture store.
(d) 
Wholesale business.
(e) 
Business office.
(f) 
Technology or research office.
(g) 
Educational and training facility.
(h) 
Post office.
(i) 
Open-air market.
(j) 
Sales and service of power sports equipment.
[Added 1-6-2014 by L.L. No. 1-2014]
(k) 
All uses allowed as of right in the C-4 Zone pursuant to the Town Zoning Code, as amended from time to time, with the exception of any residential uses set forth therein.
[Added 1-6-2014 by L.L. No. 1-2014]
(2) 
The following uses are permitted in the district only when a special use permit is obtained pursuant to Town Code § 167-38.1:
(a) 
Retail business.
(b) 
Fitness center.
(c) 
Day-care center.
(d) 
Recreation facility.
(e) 
Laboratory.
(f) 
All uses permitted with a special use permit in the C-4 Zone pursuant to the Town Zoning Law, as amended from time to time, with the exception of any residential uses set forth therein.
[Added 1-6-2014 by L.L. No. 1-2014]
(3) 
For purposes of this district, the following definitions shall apply:
EDUCATION AND TRAINING FACILITY
An institution for learning that provides instruction focused on development of specific skills for particular jobs or activities.
POST OFFICE
A facility principally devoted to the posting, receipt, sorting, handling and transmission of mail.
POWER SPORTS EQUIPMENT
Off-road all-terrain vehicles, motorcycles, snowmobiles, personal watercraft, jet boats, generators, pressure washers, pumps, trailers, and related power sports parts and equipment.
[Added 1-6-2014 by L.L. No. 1-2014]
O. 
Performance bonds or letters of credit.
(1) 
The developer shall file bonds or letters of credit in the amounts and for the time periods required by the Town Planning Board and acceptable as to amount and form to the Town Engineers and Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district ordinance, including but not limited to the following: the satisfactory completion and maintenance for one year after completion of landscaping on the project site.