[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.
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SUBJECT: Planned Development District #1 (Bellevue
Gardens)
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REFERENCE:
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(A)
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Letter, Marion Morris to Ernest Kunz, Dated
3/9/67
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(B)
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Letter, D. Lucarelli to Town Board of Malta
dated 3/7/67, requesting a variance to the Malta Zoning Ordinance
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(C)
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Map No. 1 of Bellevue Gardens, Town of Malta,
by Ferdinand Rapant, dated 9/28/66, as marked
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(D)
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Letter from Planning Board dated 3/29/67
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Dear Mr. Lucarelli:
The Town Board of the Town of Malta has reviewed
(A), (B), (C), and (D) submits its findings as follows:
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I.
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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.
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II.
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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.
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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:
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1.
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The district under consideration shall be know
as the Planned Development District #1 of the Town of Malta.
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2.
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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.
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3.
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The total area in square feet shall be listed
for each numbered lot.
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4.
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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.
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5.
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The proposed central water system shall be controlled
by a New York State corporation.
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6.
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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.
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7.
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The proposed central water system shall be installed
to the following minimum specifications:
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a.
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The central water system shall be service-rated
for a working pressure of 150 psig.
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b.
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Piping material shall be asbestos cement, PVC,
and/or copper manufactured in conformance with a nationally approved
specification such as ASA or AWWA.
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c.
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All piping joints shall utilize a mechanically
compressed rubber seal type iron fitting, except that the copper may
be flare type.
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d.
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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.
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e.
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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.
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f.
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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.
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g.
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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.
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h.
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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.
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8.
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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.
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9.
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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.
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10.
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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.
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11.
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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.
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12.
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All components of the septic system shall be
at least 10 ft. from the nearest property line.
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13.
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The dwellings shall be completed and ready for
occupancy at the rate of five new dwellings minimum per year.
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14.
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Except for the requirements established herein,
the Zoning Ordinance, Town of Malta, still applies.
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15.
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The completed Reference (C) map shall contain
the approval signature of the Supervisor, Town of Malta.
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The contents of this letter were approved for
transmittal by the Malta Town Board at a special meeting held May
23, 1967.
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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]
(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
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150.00'
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South 36 deg. 15 min, 50 sec. west
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195.28'
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South 26 deg. 00 min. west
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224.54'
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South 3 deg. 14 min. 20 sec. west
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181.84'
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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:
[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.
[1]
Editor's Note: Former § 167A-6, Woschanko Planned
Development District No. 5B (originally Laskey Woschanko PDD), adopted
9-2-1986 by Ord. No. 7-1986, as amended, was repealed 6-1-2020 by
L.L. No. 3-2020.
[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.
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)
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.
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:
(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.
(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)
(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.
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]
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:
(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.
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.
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:
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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:
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1)
|
Westerly a distance of about 400 feet to a point;
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2)
|
Northerly a distance of about 660 feet to a
point;
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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.
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(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.
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.
(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.
(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.
(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.
(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:
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:
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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.
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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.
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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."
(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:
(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.
[1]
Editor's Note: Former § 167A-18, Crystal Springs
Planned Development District No. 13C (formally Christmas Village Planned
Development District), as amended, was repealed 6-1-2020 by L.L. No.
3-2020.
[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.
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:
(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.
[1]
Editor's Note: Former § 167A-23, Parade Ground Village
Planned Development District No. 17, adopted 12-2-1986 by Ord. No.
10-1986, as amended, was repealed 6-1-2020 by L.L. No. 3-2020.
[1]
Editor's Note: Former § 167A-24, Saratoga Village
Planned Development District No. 18, adopted 4-23-1987 by Ord. No.
1A-1987, as amended, was repealed 6-1-2020 by L.L. No. 3-2020.
[1]
Editor's Note: Former § 167A-25, King Fuels Planned
Development District No. 19, adopted 4-5-1988 by Ord. No. 1-1988,
was repealed 6-1-2020 by L.L. No. 3-2020.
[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.
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).
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.
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.
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]
(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.
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.
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."
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]
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.
[1]
Editor's Note: Former § 167A-31, Shops of Malta
Planned Development District No. 25, adopted 10-6-1992 by Ord. No.
5-1992, as amended, was repealed 6-1-2020 by L.L. No. 3-2020.
[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.
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.
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.
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)
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]
(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]
(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.
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]
(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.
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.
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.
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.
[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.
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.
(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.
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.
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."
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.
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:
(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."
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:
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.
[1]
Editor's Note: Former § 167A-41, Blacksmith Square
Planned Development District No. 35, adopted 10-6-1997 by Ord. No.
13-1997, as amended, was repealed 6-1-2020 by L.L. No. 3-2020.
[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:
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.
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.
[1]
Editor's Note: Former § 167A-43, Saratoga Boulevard
Planned Development District No. 37, adopted 11-3-1999 by Ord. No.
4-1999, was repealed 6-1-2020 by L.L. No. 3-2020.
[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.
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."
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.
(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)
EDUCATION AND TRAINING FACILITY
POST OFFICE
POWER SPORTS EQUIPMENT
For
purposes of this district, the following definitions shall apply:
An institution for learning that provides instruction focused
on development of specific skills for particular jobs or activities.
A facility principally devoted to the posting, receipt, sorting,
handling and transmission of mail.
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.
(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.
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
the designated Appendix F.[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.
[Amended 1-6-2014 by L.L. No. 1-2014]
[7]
Editor's Note: Appendix F is on file in the
Town offices.
S.
The PDD shall be amended as set forth below. Any provision(s)
of this amendment which conflict with the existing PDD legislation
shall supersede the existing provisions and shall be controlling.
All other provisions not in conflict with these amendments shall remain
in effect and shall also be applicable to this amendment.
[Added 5-7-2007 by L.L. No. 7-2007]
T.
There shall be allowed the construction of an additional
drive-in theater movie screen, measuring 60 feet in length by 25 feet
high, which shall be constructed and located as set forth on Appendix
G, attached hereto and made a part hereof.[8] In addition to the movie screen, there shall also be constructed
up to an additional four ticket booths (for a total of no more than
six ticket booths, two of which shall be temporary and utilized as
needed) and an entrance road, additional parking area which shall
increase to 700 maximum cars allowed onto the site in total, expanded
restroom and snack bar facilities, projection booth for the eastern
screen and fencing along the southern property line, which shall be
in substantial conformance to the size and locations set forth on
Appendix G.
[Added 5-7-2007 by L.L. No. 7-2007]
[8]
Editor’s Note: Appendix G is a file
in the Town offices.
U.
All existing and new utilities shall be located underground.
[Added 5-7-2007 by L.L. No. 7-2007]
V.
All site plan review and associated approvals shall
be completed by the Malta Planning Board. The site shall not be cleared
beyond the limits set forth on Appendix G.
[Added 5-7-2007 by L.L. No. 7-2007]
W.
Open air market.
[Added 5-2-2011 by L.L. No. 5-2011]
(1)
The permitted uses within this PDD shall include the creation
and operation of an outdoor or open air market. This market shall
be permitted to operate from 7:30 a.m. to 3:30 p.m. on Saturdays,
and from 9:00 a.m. to 3:00 p.m. on Sundays, during the months of May
through September.
[Amended 5-7-2018 by L.L.
No. 8-2018]
(2)
The open air market shall be located in the parking area currently
used for the viewing of drive-in movies.
(3)
Any future sign at the site, including any sign used to advertise the open air market, shall conform to the requirements of the C-4 Route 9 North of Downtown Zoning District currently codified at Town Code § 167-19.2 and with the standards and requirements set forth in Town Code § 167-27. Any future sign erected, placed or used at the site shall be subject to Planning Board Review. In the event the tenants/occupants/businesses of the twenty-two-thousand-square-foot building seek signage approval, notwithstanding any provision to the contrary, the calculation of sign area shall reflect the size of the building and shall not take into consideration the size of the development district and/or the development district's road frontage.
[Amended 7-2-2012 by L.L. No. 9-2012]
(4)
The open air market is intended to be an outdoor community marketplace
which provides vendors an opportunity to sell produce, baked goods,
farm products, artisan items as well as other arts and crafts.
(5)
No vendor shall be permitted to sell, or display for sale, the
following:
(a)
Weapons or ammunition;
(b)
Drug paraphernalia;
(c)
Stolen goods;
(d)
Bootleg DVDs, CDs or any other such unauthorized reproduction;
(e)
Fireworks and/or explosives;
(f)
Materials of an explicit sexual or pornographic nature;
(g)
Imitation designer goods;
(h)
Medicine or pharmaceutical items;
(i)
Alcoholic beverages;
(j)
Tobacco or products containing tobacco;
(k)
Tattooing services or tattoo supplies; and
(l)
Live animals.
X.
All zoning
provisions having general applicability that are not inconsistent
with or superseded by the provisions of this PDD are expressly incorporated
into and made a part of this section and are enforceable as such.
[Added 7-2-2012 by L.L. No. 9-2012]
[Adopted 8-7-2000 by Ord. No. 5-2000]
A.
This ordinance shall be known as "No. 5 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. 41, Saratoga Farm 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-6 to a planned development district
to be known as "Planned Development District No. 41, Saratoga Farm
Planned Development District, Town of Malta."
C.
The area of the planned development district consists
of 129 plus or minus acres situated on County Road No. 64, 2,800 plus
or minus feet from the intersection of Nelson Avenue Extension/Manning
Road, Town of Malta, County of Saratoga, State of New York, as set
forth on a map entitled "Saratoga Farm PDD Sketch Plan," dated February
24, 1999, which map is annexed hereto and made a part hereof, and
designated as Schedule A,[1] and the metes and bounds description of the said planned
development district, annexed hereto and made a part hereof and designated
as Schedule B.[2]
D.
The above-described area shall be divided into not
more than 21 building lots. There shall be constructed within the
above-described area only 20 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 two acres, and further provided
that in no event shall any lot have less than 100 feet of frontage,
and in no event shall the habitable space in any dwelling built therein
be less than 2,000 square feet.
E.
Water will be supplied by individual drilled wells,
and sewage will be disposed of through individual septic systems.
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.
H.
The roads 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, which roads shall be 24
feet wide. The roads will be maintained by the homeowners' association
provided for hereinafter and will be maintained to the Town's specifications.
The Town of Malta may at any time require that the roads be turned
over to the Town of Malta, at which time the developer shall offer
said roads as public roads to the Town of Malta without cost.
I.
The Town of Malta shall be paid the sum of $300 per
lot, with said sums to be applied to the Town's recreational fund.
J.
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. Not more
than .5 acre of federally designated wetlands, as confirmed by the
Town's Engineers, and as set forth on the annexed Schedule A,[5] shall be disturbed within the boundaries of the planned
development district. This prohibition will be set forth in deed restrictions
to the individual owners of the lots in the planned development district
and shall be set forth on any plot plans prepared for said owners.
[5]
Editor's Note: Schedule A is on file in the
Town offices.
K.
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 roads proposed
in said planned development district before said road shall be completed.
L.
No commercial uses shall be permitted within this
planned development district, except that the commercial use currently
existing on Lot No. 21, that of a horse stable, will be allowed to
continue. In the event that this use is discontinued, no further commercial
usage will be allowed on the said Lot No. 21.
M.
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.
N.
The only allowed uses in the planned development district
will be a single-family detached residence, except as hereinabove
set forth concerning Lot No. 21.
O.
The developer shall obtain all necessary approvals
and shall create a homeowners' association for the ownership and maintenance
of the common lands, the roads in the planned development district,
as hereinabove set forth, all as set forth on the annexed Schedule
A,[6] 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.
[6]
Editor's Note: Schedule A is on file in the
Town offices.
P.
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 as Schedule B.[7] 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.
[7]
Editor's Note: Schedule B is on file in the
Town offices.
Q.
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.
R.
Guest quarters.
[Added 5-3-2004 by L.L. No. 5-2004]
(1)
There shall be allowed construction of a guest quarter
for each single-family residence. The guest quarters shall be no more
than 700 square feet, and shall be attached to the single-family residence.
Entry to the guest quarters may be through the single-family residence
and/or via a separate outside entrance.
(2)
Within 60 days from the effective date of this amendment,
the owner/developer shall file with the Saratoga County Clerk covenants
and restrictions, in a form acceptable to the Town of Malta's attorneys,
which shall prohibit the rental of any guest quarters. These covenants
and restrictions shall apply to each residential lot contained in
this PDD.
[Adopted 10-17-2000 by Ord. No. 8-2000]
A.
This ordinance shall be known as "Ordinance No. 8
of 2000," and amends the Town of Malta, New York, Zoning Ordinance
to provide for the creation of a Planned Development District No.
42, Saratoga County ARC 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 Residential R-6 and Exit 13 Southwest Planned
Development District, 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. 42,
Saratoga County ARC Planned Development District, Town of Malta."
D.
The Planned Development District No. 42, Saratoga
County ARC Planned Development District, Town of Malta will contain
a sheltered workshop for developmentally disabled adults, as the same
is currently operated by the Saratoga County ARC and the New York
State ARC, together with a new 13,000 square foot building, the erection
of which is hereby authorized, subject to the terms and conditions
of this ordinance, and a new single-family dwelling, the erection
of which is hereby authorized, subject to the terms and conditions
of this ordinance.
E.
Construction specifications.
(1)
The developer shall construct the project generally
in accordance with the approved concept plan, annexed hereto (Appendix
B).[2] 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. The sketch plan is not intended
to limit the developer to specific location of buildings or parting
lots or other related items customarily considered by the site plan
review process; provided, however, that in no event will a through
road or right-of-way from New York State Route 9 to Malta Avenue be
constructed. No ingress or egress between the subject premises and
the adjoining property will be allowed.
[2]
Editor's Note: Appendix B is on file in the
Town offices.
(2)
All dumpsters and storage areas 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 certificates 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 a sheltered workshop
for developmentally disabled adults, as the same is currently operated
by the Saratoga County ARC and the New York State ARC, together with
a new 13,000 square foot building, the erection of which is hereby
authorized, subject to the terms and conditions of this ordinance,
and a new single-family dwelling, the erection of which is hereby
authorized, subject to the terms and conditions of this ordinance;
provided, however, that the existing 5,000 square foot pole barn shall
be removed from the planned development district. 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. 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.
(a)
The PDD shall be amended to allow the construction
of an additional new building up to 21,900 square feet, together with
adding, as permitted uses, business office and professional office,
up to 40 feet in height, with no more than 189 parking spaces, and
the deletion of wood product production use, as shown on the attached
Appendix, which is incorporated herein by reference.[3] The final site plan, including architectural and aesthetic
review, shall be determined by the Malta Planning Board. Only the
additional square footage (i.e., 3,900 square feet) of the subject
building shall be subject to the mitigation measures set forth in
the Statement of Findings (Town of Malta Final Generic Environmental
Statement accepted as complete April 3, 2006) adopted June 5, 2006,
and not the 18,000 square feet approved June 2, 2005.
[Added 6-6-2005; amended 7-6-2006 by L.L. No. 8-2006]
[3]
Editor's Note: Said Appendix 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.
(3)
No certificate of occupancy will be issued until the
existing 5,000 square foot pole barn has been removed from the subject
premises as set forth herein.
(4)
In no event will any construction take place within
300 feet of the Adirondack Northway.
(5)
The following conditions shall apply to the planned
development district:
(a)
The drainage erosion problem north of the property
owned by Disabled Citizens' Development Corporation shall be corrected
to the satisfaction of the Town of Malta Engineer prior to the issuance
of any certificate of occupancy, attached to this legislation is storm
sewer and grading plan map dated June 29, 1993, and revised August
23, 1993, by Hershberg & Hershberg, which is incorporated into
this legislation by attachment.
(b)
Fueling station and fuel storage tanks must
be removed from current location at southeast corner of main building
and relocated at or near proposed bus garage.
(c)
All waste materials must be kept in confined
areas which will not allow said materials to leave designated storage
area.
(d)
The premises will be maintained in a neat and
uncluttered manner; no piles of waste materials and/or work materials
will be permitted on the grounds and no unregistered vehicles or parts
thereof shall be stored on the grounds.
(e)
Applicant shall provide parking space for 59
cars and 20 buses.
(f)
Applicant shall supply sufficient documentation
to Town of Malta Engineer indicating existing well has adequate capacity
to supply total needs of applicant.
(g)
Applicant shall supply plans for sewer disposal
system sufficient for the applicants' operations. The system must
have approval of the Town of Malta Engineer.
(h)
Applicant must apply to Town of Malta Planning
Board for site plan review, and no construction may begin without
approval of the Town Planning Board. Attached to this legislation
is site plan dated April 5, 1993, and last revised August 31, 1993,
by Hershberg & Hershberg, which is incorporated into this legislation
by attachment.
(i)
Applicant must provide plans for stormwater
management facilities to ensure a zero increase in runoff from the
premises after all construction is completed.
(j)
Applicant must provide a sediment and erosion
control plan for construction period which also must be approved by
the Town of Malta Engineer.
(k)
All utilities within the boundaries of the PDD
must be underground.
(l)
All signs must conform to the Town of Malta
Zoning Ordinance, and existing signs must be removed before any new
signs are installed. No signs will be installed on Malta Avenue.
(m)
A secure key box (a.k.a., rapid entry system)
shall be installed in a location acceptable to the Fire Department.
The key lock box systems shall be compatible with the system approved
by the Malta Ridge Volunteer Fire Department, Inc. Ordering information
and authorization may be obtained from the Chief, Malta Ridge Volunteer
Fire Department, Inc. 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.
In addition, the applicant will comply with all requirements of the
New York State Building Code and the New York State Office of Mental
Retardation and Developmental Disabilities concerning the installation
of smoke-heat detectors and any other fire protective measures.
(n)
The road in front of the office building shall
be constructed in accordance with Town highway construction specifications.
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.
Water will be supplied by an on-site well and a piping
system which connects each of the three primary buildings on the site.
The wastewater disposal system utilizes two leach fields located north
of the main parking lot along the north property line. Wastewater
from each of the buildings drain into a septic tank located on the
subject premises.
I.
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, and a
lock box. A dry fire sprinkler system, along with fire department
connections, for the sprinkler system will be installed in the new
13,000 square foot building.
K.
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.
(2)
The Planning Board shall determine the time at which
the developer shall file such bonds.
L.
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 C.[4] 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.
[4]
Editor's Note: Appendix C is on file in the
Town offices.
M.
The PDD shall be amended to allow the construction
of an additional new building of up to 18,000 square feet, together
with adding as permitted uses business office and professional office,
up to 40 feet in height, with no more than 189 parking spaces and
the deletion of wood product production use, as shown on the attached
Appendix AA, which is incorporated herein by reference. The final
site plan, including architectural and aesthetic review, shall be
determined by the Malta Planning Board.
[Added 7-6-2005 by L.L. No. 7-2005]
[1]
Editor's Note: Former § 167A-49,
Blacksmith Square II Planned Development District No. 43, adopted
6-4-2001 by Ord. No. 3-2001, was repealed 6-4-2007 by L.L. No. 9-2007.
[1]
Editor's Note: Former § 167A-50, Marshall's Motor
Sports Planned Development District No. 44, adopted 8-20-2001 by Ord.
No. 4-2001, was repealed 6-1-2020 by L.L. No. 3-2020.
[Adopted 8-4-2003 by Ord. No. 1-2003]
A.
This ordinance shall be known as "No. 1 of 2003" and
amends the Town of Malta Zoning Ordinance to provide for the creation
of a Planned Development District No. 45 Travers 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 District R-1 Agricultural 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. 45, Travers Meadows Planned Development
District, Town of Malta."
D.
Design.
(1)
The Travers Meadows Planned Development District will
contain 75 single-family park home residences, 49 neighborhood homes
and one estate lot. The estate lot, which is 28.9 plus/minus acres
shall not be further subdivided, and there shall be only one residential
structure located on that lot. It is anticipated that all lands not
designated on the attached map, Appendix B,[2] as residential lots shall remain as green space and shall
be owned and maintained by the Travers Meadows homeowners' association
(hereinafter TMHOA). It is the intent of this design to foster a neighborhood
atmosphere. To that end, said TMHOA shall also provide and maintain
the trail system, open fields, gazebo, sidewalks and ponds set forth
in Appendix B. The sidewalks shall be 10 feet off the edge of the
curb. The trails shall be constructed of stonedust material. Said
trail system shall be designed to allow for linkage connections with
other areas of the Town of Malta and in conformance with the design
guidelines and standards established in the Town of Malta Linkage
Study dated June, 2003. The TMHOA shall not provide for the storage
of any equipment on its lands.
[2]
Editor's Note: Appendix B is on file in the
Town offices.
(2)
The developer shall provide and reserve an easement
in favor of the Town of Malta along the westerly side of this development
for a potential future roadway or other uses deemed appropriate by
the Town of Malta, as designated on Appendix C.[3] Said easement shall be in a form acceptable to the Town
of Malta's attorneys. Notice of said easement and the possible future
connection roadway shall be provided in writing to all potential purchasers
at the time they enter into a contract for the purchase and sale of
lands. Notice of said easement shall also be included in each deed.
Said easement is located within the three-hundred-foot buffer along
Interstate 87, the Northway. No other development or improvement shall
be located within this three-hundred-foot buffer, except for roadway
connections or drainage structures.
[3]
Editor's Note: Appendix C is on file in the
Town offices.
(3)
Each potential purchaser of lands located in this
development shall also be notified of the existence of the Albany/Saratoga
Speedway prior to the execution of any contract for the purchase and
sale of lands. Said notice shall also be included in each deed. Potential
purchasers shall also be provided with a copy of this legislation
prior to the execution of any contract for the purchase and sale of
lands.
(4)
Each potential purchaser of lands in this development
shall also be advised in writing of the possibility of the development
of future connections to adjoining lands as indicated on Appendix
B, prior to the execution of any contract for the sale and purchase
of lands, and each deed shall also include notification of the possible
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.
(5)
Travers Meadow roadways shall connect with adjacent
lands, including, but not limited to Bayberry Drive and Basswood Court
as set forth in Appendix C, and shall also provide for possible future
connections by reserving an easement to the Town of Malta for connection
to Cramer Road and/or East High Street as set forth in Appendix C.
(6)
Pole lamps that are photo electric sensored cell powered
shall be located in the front yards of each single-family residence.
(7)
The developer shall also reserve an easement for the
Town of Malta along the northern boundary of the lands of this development
along East High Street as noted on Appendix C, for future development
of a multi-use path, and/or other linkage connector deemed appropriate
by the Town. In addition to the pathway, said easement shall also
reserve an additional 10 feet along East High Street for construction
and maintenance of said path. Said easement shall be in a form acceptable
to the Town of Malta's attorneys.
(8)
The project will connect with Saratoga Water Services
and the Saratoga County Sewer District No. 1. The design, construction
and maintenance of all buildings concerning the water and sewer districts,
as well as the associated landscaping regarding those utilities within
the development district will be done by the developer to assure a
compatible, aesthetically pleasing development in an atmosphere consistent
with the plans reflected in Appendix D.[4] Saratoga County Sewer District No. 1 will be responsible
for the maintenance and upkeep of any structures constructed for their
utilities.
[4]
Editor's Note: Appendix D is on file in the
Town offices.
E.
Construction specifications.
(1)
The developer shall construct the project in substantial
conformance with the approved plan, annexed hereto as Appendix B.
(2)
The developer shall provide five-foot concrete sidewalks
along both sides of the roadways in the areas where there are houses
located and on one side of the roadway in other locations, as set
forth in the plans attached hereto as Appendices B and E.[5] There shall also be wing edge curbs placed throughout
Phase 3 of the development along the roadways. Concrete curbs have
hitherto been placed in Phases 1 and 2 of the development. When and
if these are replaced, they shall be replaced with wing edge curbs,
which shall be placed so as to not reduce the width of the travel
lane. See Appendix E.
[Amended 4-18-2016 by L.L. No. 4-2016]
[5]
Editor's Note: Appendices B and E are on file
in the Town offices.
(3)
There shall be no construction traffic through the
Highpointe Development. Construction traffic shall be considered any
vehicle traveling to engage in construction activities or delivery
of construction materials within Travers Meadows, including, but not
limited to vehicles over four tons gross vehicle weight, and any ancillary
equipment. If the developer, or any of its agents, employees, contractors,
subcontractors or agents are found in violation of this, the Town
of Malta shall reserve the right to impose a fine of $500 for every
violation of this provision. The fine shall increase by $500 for any
subsequent violations. Said fine would be payable to the Town of Malta.
The Building Department of the Town of Malta is empowered to enforce
this provision. The developer shall also post signs regarding this
provision at all entrances of the Highpointe Development.
F.
Development requirements; site plan; certificates
of occupancy.
(1)
Setbacks shall be set at a minimum as follows:
(2)
The relocation of the driveway for the lands now or
formerly of Charbonneau shall be completed prior to the commencement
of construction of any homes along Damascus Way, Willis Way or Coronado
Way. It shall be located as designated on Appendix B. Said relocation
shall be at no expense to the owners of lands now or formerly of Charbonneau
and shall be constructed to the same specifications of all other driveways
in the development.
(3)
The roadways shall be 22 feet wide, and constructed
to the specifications set forth in Appendix E.
(4)
All parkside homes shall have side-load garages.
(6)
There shall be no construction of any apartments within
any homes in this development. No garage shall be convened into living
space.
(7)
There shall be at least a two-car garage for each
home, but there shall be no more than two garages for each neighborhood
home. The driveways for all homes shall be no more than the width
of a two-car garage.
(8)
If a shed is constructed, it shall comply with all
requirements of the Town of Malta, but shall not be larger than 100
square feet, and shall be located in the back of yards, at least five
feet from the rear and five feet from the side yard. Only one shed
shall be allowed on each lot.
(9)
There shall be no construction on Sundays.
(10)
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan and subdivision 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 and subdivision plan by the Town Planning Board. Said site plan shall be in conformance with the proposed design attached hereto as Appendix B. The square footage of the homes shall not be less than 1,500 square feet of living space, and shall not be higher than 30 feet to the eave. All other design standards shall comply with the Code of the Town of Malta. The materials used shall be those set forth in Appendix G.[7]
[7]
Editor's Note: Appendix G is on file in the
Town offices.
(11)
There shall be located on the front of each
house and clearly visible from the road, in contrasting color and
in a uniform location, the designated 911 emergency house number,
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. Mailboxes shall be uniform in design and
the developer shall cluster the mailboxes wherever possible.
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)
Appendix H;[8] shall be monument-type signs; uplit with one footcandle
power. The maintenance of any sign designating the development shall
be the responsibility of the TMHOA. The landscaping surrounding said
signs shall be in conformance with the landscaping package set forth
in Appendix F.
[8]
Editor's Note: Appendix H is on file in the
Town offices.
(2)
The maximum size of said signs shall be 12.5 feet
long by 6.5 feet high.
(3)
All traffic control devices and roadway signs shall
be in conformance with the requirements of the State of New York.
I.
Reserved for future use.
J.
Water; sewers; stormwater; wetlands.
(1)
Water will be supplied by Saratoga Water Services,
Inc. The developer shall comply with all state and federal requirements
for the extension of the water service. The developer shall extend
a ten-inch water main to the edge of its property along East High
Street, for potential future connection by adjacent landowners. There
shall be a stub water line installed with a "T" in the area near Cramer
Road and Basswood Court. Fire hydrants shall be installed by the developer
pursuant to the Building Code.
(2)
Sanitary sewers will be provided throughout the site
by connection to the Saratoga County Sewer District No. 1. The connection
to the existing sewer 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. The developer shall also provide for landscaping
screening of the pump station as set forth and designated on Appendix
I.[9] Said facility shall be constructed pursuant to specifications
and designs attached hereto as Appendix J.[10] The developer shall also provide for the construction
of a paved roadway to said pump station.
(3)
The stormwater management plan shall be constructed
in compliance with the plans attached hereto as Appendix J. Said plans
shall provide for the location and future maintenance access as depicted
in Appendix C. The stormwater management basin located adjacent to
Damascus Way and Coronado Way shall be constructed with a fountain
installed at the developer's expense. This shall be constructed as.
a wet pond with a fountain and will be maintained as u wet pond, subject
to the review of the design by the Town's engineer. The gazebo shall
be constructed at the developer's expense in accordance with the plans
set forth in Appendix K.[11] The maintenance and upkeep of the fountain and pond, and
the gazebo shall be the responsibility of the TMHOA. There shall also
be an easement granted to the Town for access to the stormwater management
basin located on the estate lot as set forth on Appendix B.
[11]
Editor's Note: Appendix K is on file in the
Town offices.
(4)
All federal and state designated wetlands have been
flagged and delineated and shall be shown pursuant to the plan attached
hereto as Appendix L.[12] Title developer shall be required to comply with all wetland
determinations and mitigation measures as prescribed by the state
and/or federal authorities. Notice of the possibility of wetlands
and the limitations of use of said lands shall be provided in writing
to prospective purchasers prior to the execution of any contract for
the purchase anti sale of property. Wetland delineations shall be
shown on the plot plans and shall be provided to prospective purchasers.
Notice shall also be included in any deed conveying property to a
purchaser. The developer shall note and indicate all designated wetlands
on any sales map or literature displayed or provided to potential
purchasers.
[12]
Editor's Note: Appendix L is on file in the
Town offices.
K.
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.
L.
All utilities shall be installed underground.
M.
No outside storage of any products or equipment shall
be permitted on the subject premises after final construction is completed
for all buildings. There shall be no outside storage of any boats,
campers, trailers, motorized vehicles (other than registered cars)
on the premises. The Malta Town Building Department shall be empowered
to enforce this provision. Violators shall be subject to fines of
up to $100 per day for violations of this provision.
N.
Uses.
(1)
Single-family residences.
(2)
Estate lot shall also be a single-family residence.
There shall be allowed the construction of one auxiliary building
(in addition to the pump station) on said premises to be used for
a barn. The size, use and architectural review of the buildings on
this lot shall be approved by resolution of the Malta Town Board.
This lot shall not be further subdivided.
O.
Performance bonds or letters of credit. 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 prior to issuance of a certificate
of occupancy, including but not limited to the following:
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 reviewed by the Town Engineers. The developer shall provide connection
from Sir John Way to Bayberry Drive, as well as Basswood Court to
Willis Way, and for future connection to Cramer Road.
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 M.[13] 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.
[13]
Editor's Note: Appendix M is on file in the
Town offices.
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.
In the event construction does not commence on any
lands in this development within six 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.
T.
The developer shall be required to pay a park fee
in the amount of $300 for each building lot. There shall be a sixty-foot
no cut zone along the tree line between Highpointe Development and
Maiden Circle. In addition, the developer shall flag the right-of-way
along Sir John Way prior to the commencement of cutting, and the right-of-way
shall be cleared by selectively cutting the trees in that area, with
the review and approval of the Town's Engineer and Town Planner. The
sixty-foot no cut zone referenced above shall be flagged prior to
commencement of any construction and the flags maintained until the
last certificate of occupancy has been issued.
U.
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.
V.
This ordinance shall take effect 10 days after the
approval of the Town of Malta.
[Adopted 5-18-2004 by L.L. No. 6-2004]
A.
Short title and general provisions.
(1)
This local law shall be known as "Local Law Number
6 of 2004 of the Town of Malta" or "Luther Forest Technology Campus
Planned Development District" (hereinafter the "District" or the "PDD").
(2)
The Zoning Ordinance of the Town of Malta, as adopted
January 3, 1989, codified by Local Law No. 2 of 1995, and the Zoning
Map of the Town of Malta set forth therein and made a part thereof,
are amended by changing from the existing zoning districts and establishing
the aforesaid District, which District is designed to contain one
or more world-class quality employers in an environmentally friendly
business campus operating nanotechnology manufacturing facilities,
nanotechnology research and development facilities, businesses supportive
of nanotechnology manufacturing and research and development, offices,
commercial, a conference center, single-family residences and educational,
public and recreational trails and facilities. See Appendix B, Definitions.[4]
[4]
Editor's Note: Appendix B is on file in the
Town offices.
(3)
The area of the District consists of 1,099.57 +/-
acres in the Town of Malta (henceforth "Town") identified by the metes
and bounds description set forth in the margin.[5] The proposed campus includes not only the Districts as
formed by this legislation, but also 315 +/- acres of adjacent land
in the Town of Stillwater identified by the metes and bounds description
set forth in the margin (henceforth "Stillwater Parcel").[6] The District and the Stillwater Parcel are collectively
referred to as the "campus."
[Amended 2-5-2007 by L.L. No. 2-2007]
(4)
The District shall be laid out in conformance with
the maps set forth in Appendix A[7] hereto (No. 1 Zoning, No. 2 Vegetative Buffers, No. 3
Roadways, No. 4 Round Lake Bypass, No. 5 Exit 11A; No. 6 Drawings:
Entrances to Village of Round Lake; Views of Campus).
[7]
Editor's Note: Appendix A is on file in the
Town offices.
(5)
All land uses, development, construction and operation
of facilities within the District shall be conducted in accordance
with:
(a)
This legislation;
(b)
The environmental thresholds and conditions
contained in this legislation, the findings statement dated May 18,
2004 (GEIS), the findings statement dated August 25, 2008 (SEIS),
the findings statement dated August 19, 2013 (SSEIS) and the findings
statement dated September 1, 2015 (TSEIS);
[Amended 10-5-2016 by L.L. No. 6-2015[8]]
[8]
Editor's Note: This local law provided an effective date of
1-1-2016.
(c)
The uses and site plans as approved by the Town
Board and the Planning Board; and
(d)
Any other relevant requirements and conditions
of state and federal environmental laws and permits issued thereunder.
(6)
The development and use restrictions contained within
this PDD and any specific conditions to approvals issued hereunder
shall be interpreted so as to bring about the intent of SEQR and the
Town Zoning Ordinance to protect the public from adverse environmental
impacts to the maximum extent reasonably practicable. Whenever a specified
statute, regulation, published industry standard (e.g., NFPA, ISO)
or similar program or provision which is cited herein is superseded,
amended or replaced, the new provision shall be fully binding. A reasonable
period of time shall be allowed for conformance with a revised industry
standard.
[Amended 8-25-2008 by L.L. No. 7-2008]
(7)
In any instances where specific permitted uses, area
or height standards, development guidelines and/or review procedures
specifically set forth in this PDD, as the same are specifically applicable
to the District, conflict with other general provisions or requirements
of the Town of Malta Zoning Ordinance, the particular provisions set
forth herein shall take precedence. In all instances not specifically
addressed in this PDD, the Code of the Town of Malta shall apply.
(8)
Development within the District, exclusive of Development
Areas 1 and 10, shall not exceed 2,000,000 square feet.
(9)
Wherever an entity is required by this legislation, or rule
or regulation promulgated hereunder, to provide a copy of a document
or thing containing trade secrets, the same shall be provided subject
to redaction or other confidentiality protections authorized by applicable
law and reasonably satisfactory to said entity.
[Added 8-25-2008 by L.L. No. 7-2008]
(10)
The Town Board of the Town of Malta may adopt by resolution
rules and regulations implementing this local law.
[Added 8-25-2008 by L.L. No. 7-2008]
B.
Authorized development by area. The District has been
divided into distinct areas as set forth on the Maps, henceforth "areas."
Areas 1 through 11, in which business development is permitted, are
also referred to as "development areas." The following uses, defined
in Appendix B,[9] are permitted in the following areas:
(1)
Area 1.
(a)
Allowable uses.
[1]
Nanotechnology manufacturing facilities (up
to a maximum of four manufacturing facilities, three to be located
in the "Town of Malta, one in the Town of Stillwater) (NOTE: The Town
of Malta cannot authorize or prohibit construction within the Town
of Stillwater. The Town of Malta, however, as lead agency for the
SEQRA process underlying the within zoning change, has evaluated environmental
impacts for the Campus in general, and Development Area 1 in particular,
with a maximum of four nanotechnology manufacturing facilities in
the configuration set forth above. Should a material act be taken
in violation of this number or configuration of nanotechnology manufacturing
facilities anywhere within Development Area 1, the Code Enforcement
Officer of the Town of Malta or a court of competent jurisdiction
may require that no further construction be made, and/or no further
industrial activity take place, until such time as the violation has
been cured.). Each such facility shall not exceed 350,000 square feet
(maximum clean room area, 200,000 square feet), and may include as
accessory buildings to support each manufacturing facility a central
utility building of up to 50,000 square feet; other small facilities
and support buildings, each up to 10,000 square feet; and one or more
office buildings together totaling up to 100,000 square feet. Each
facility, together with these accessory buildings, shall not exceed
a total of 800,000 square feet.
[2]
Public and private utilities.
(b)
Uses by special use permit: none.
(2)
Areas 2 and 3:
(a)
Allowable uses: nanotechnology manufacturing
support businesses; technology and light industrial; research and
development facilities; campus commercial; community uses; offices;
public and private utilities.
[Amended 10-5-2016 by L.L. No. 6-2015[10]]
[10]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(b)
Uses by special use permit: nanotechnology manufacturing
facilities (up to 100,000 square feet of clean room area or less for
each facility).
(3)
Areas 4, 5 and 9:
(a)
Allowable uses: nanotechnology manufacturing
support businesses; technology and light industrial; campus commercial;
research and development facilities; offices; public and private utilities.
[Amended 10-5-2016 by L.L. No. 6-2015[11]]
[11]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(b)
Uses by special use permit: nanotechnology manufacturing
facilities (up to 100,000 square feet of clean room area or less for
each facility).
(6)
Area 11:
(a)
Allowable uses: technology and light industrial; office; campus
commercial; conference center with a maximum of 120 rooms for overnight
accommodations and conference center capacity of 200 people; community
uses; public and private utilities.
[Amended 10-5-2016 by L.L. No. 6-2015[14]]
[14]
Editor's Note: This local law provided an effective date of
1-1-2016.
(b)
Uses by special use permit: none.
[9]
Editor's Note: Appendix B is on file in the
Town offices.
C.
Special use permits; siting criteria and guiding principles.
All uses identified in this subsection, whether allowable or permitted
only by special use permit, shall meet the siting criteria and guiding
principles set forth herein.
(1)
Uses by special permit. An application for a proposed special use permit shall be accompanied by a demonstration that the proposed use is consistent with the authorized uses set forth in Subsection B above, as well as the criteria and guiding principles set forth below, as applicable. The Town Board shall approve or deny an application for a special use permit within 31 days of receipt of a complete application. If such application is approved, the Planning Board shall complete the site plan review process under the procedures and timetable of Town Law § 274-a relative to site plan approval. In evaluating, interpreting and applying the siting requirements set forth below, as well as the other provisions of this PDD, the Town Board and Planning Board of the Town of Malta shall refer to and be guided by the PDD Master Development Plan, Luther Forest Technology Campus (henceforth "Master Plan") adopted herewith and set forth as Appendix D.[15] The Master Plan may be amended by the Town Board from
time to time following notice and public hearing as required by §§ 264
and 265 of the Town Law regarding zoning amendments. Where the Master
Plan and this local law are inconsistent, this local law shall control.
[15]
Editor's Note: Appendix D is on file in the
Town offices.
(2)
Proposed nanotechnology manufacturing, nanotechnology
manufacturing support businesses, and research and development facilities
shall meet the following siting criteria and guiding principles.
(a)
Business orientation. Entities shall be oriented
towards nanotechnology and related clean room development, manufacturing
and support.
(b)
Relationships with campus businesses. Entities
shall provide synergies with on-going businesses within the campus.
(c)
Entities shall not produce air emissions, vibration, excessive
traffic, or other adverse impacts which would be incompatible with
the thresholds and limitations set forth in the Findings Statement
dated May 18, 2004 (GEIS), the Findings Statement dated August 25,
2008 (SEIS), the Findings Statement dated August 19, 2013 (SSEIS),
the Findings Statement dated September 1, 2015 (TSEIS) and all requirements
of State and Federal law and regulation.
(d)
Image. Entities shall provide economic stability
and high visibility to the campus.
(e)
Campus orientation. Entities shall strongly
contribute to a business campus environment by providing compatible
architectural elements and complementary business focus.
(f)
Employment impact. Entities shall provide an expanded employment
base to the region, particularly for technically competent individuals.
New employment opportunities created within the District shall be
posted at the Town Hall, David R. Meager Community Center, Round Lake
Village Hall, Saratoga County Personnel Department and on the internet
at a site linked to the Town's web site.
[Amended 8-25-2008 by L.L. No. 7-2008]
(g)
Intellectual impact. Entities shall add to the
intellectual base of the region.
(h)
Leadership. Entities shall have a demonstrated,
long-term commitment to building public trust and establishing a positive
and responsive relationship within their respective communities through
implementation of successful community participation programs and/or
other evidence of responsiveness to community interest and concerns.
Companies will demonstrate environmental leadership and implement
policies that ensure public accountability. Entities must be committed
to promoting the highest standards of organizational integrity and
public responsibility.
(i)
Safety standards. Entities shall have high standards
for worker health and safety as evidenced by their existing compliance
record with OSHA and other state and federal reporting agencies.
(j)
Public trust. Entities shall consistently exercise
and promote the highest standards of organizational integrity and
public responsibility. Owners and operators shall meet all governmental
and industry standards for air, land and water quality. Hazards that
may exist at a facility shall be identified using state of the art
hazard assessment techniques. All efforts shall be made to design,
operate and maintain a safe facility and to prevent accidents. This
shall include compliance with the state of the art practice in the
industry (as well as any government regulations) and impose a continuing
obligation to review and comply with consensus codes, industry practices
or guidelines. This obligation is on-going, which means that facilities
and practices must be upgraded as changes occur in industry practices.
Owners and operators must be aware of unique circumstances associated
with their operation, keep abreast of accidents and near misses in
the general industry, assess the impacts of possible releases and
have an up-to-date contingency plan.
(k)
Energy conservation. Entities shall conserve energy to the maximum
extent practicable, considering each entity's purpose and mission
and commit to pursuing the highest LEED certification practicable
and economically feasible. Buildings shall be designed, constructed
and operated in substantial accordance with "green building standards."
Tools and equipment will be selected with appropriate consideration
given to energy consumption. Employees shall be encouraged to ride
share or undertake other forms of travel efficiency with the goal
of reducing transportation impacts to the ecosystem. Reference is
made to New York State Energy Research and Development Authority,
LEED: Leadership in Energy and Environmental Design – www.nyserda.org.
[Amended 8-25-2008 by L.L. No. 7-2008]
(l)
Sustainable use of natural resources. To the maximum extent
practicable, entities shall plan for and commit to the sustainable
use of natural resources, with due consideration given to preservation
of critical habitats identified in the SEQRA process, or subsequently
identified by the Town Board of the Town of Malta and communicated
to the landowner in writing.
[Amended 8-25-2008 by L.L. No. 7-2008]
(m)
Worker protection. Entities shall achieve and
maintain high standards for worker health and safety and implement
progressive measures for risk management and reduction.
(n)
Environmental protection. Entities shall go
beyond compliance with minimal or permit standards and continuously
eliminate or reduce potentially harmful discharges into the environment.
Entities must continuously seek and use better substitutes with improved
economic performance for chemicals that have documented adverse environmental
impacts. Best available technology (BAT) and best available control
technology (BACT) for pollution control must be used at the time of
facility construction. Every three years the owner or operator shall
evaluate the impacts of BAT or BACT on public health and the environment.
This evaluation shall be submitted to the Town upon request. If in-place
technology creates conditions or contaminants in quantities or characteristics
which are or may be injurious to human, plant or animal life or to
property or which unreasonably interferes with the comfortable enjoyment
of life and property throughout the area, the owner or operator shall
be required to upgrade its pollution control equipment and install
the latest BAT or BACT within two years. See Exhibit E at V.D.1.g.-j.[16]
[16]
Editor's Note: Exhibit E is on file in the
Town offices.
(o)
Waste management. Entities shall abide by New York State's hierarchy of solid waste management goals regarding reuse and recycle objectives. Reference is made to 6 New York Code of Rules and Regulations Part 360; RCRA Title D; Code of Federal Regulations Title 40, Chapter 1, Subchapter I; and www.epa.gov/docs/epacfr40/chapt-I.info/. Companies will proactively seek innovative ways to reuse and recycle waste, thereby minimizing solid and hazardous waste materials that require landfilling.
(q)
Tax sharing agreements, Development Area 1. Nothing herein shall prohibit entities owning and/or operating businesses in Development Area 1 from entering into a payment-in-lieu-of-taxes (PILOT) agreement, providing that PILOT payments in the amount consistent with Subsection C(2)(p) be allocated in a specific ratio between the Towns of Malta and Stillwater, and the Ballston Spa Central School District and Stillwater Central School District. It is the intention of the Town of Malta to enter into such a revenue sharing arrangement on a basis of 75% (Malta) to 25% (Stillwater), which arrangement would remain in effect until certificates of occupancy have been issued for nanotechnology manufacturing facilities in Development Area 1 in both the Town of Malta and the Town of Stillwater, that is, until each Town has one such facility. Likewise, in the event Development Area 1 is owned by a private entity, it is the intention of the Town of Malta to enter into a tax-sharing arrangement with the Town of Stillwater on a basis of 75% (Malta) to 25% (Stillwater), should law permit, until certificates of occupancy have been issued for nanotechnology manufacturing facilities in Development Area 1 in both the Town of Malta and the Town of Stillwater.
[Amended 4-2-2012 by L.L. No. 4-2012]
(r)
Traffic mitigation. Nanotechnology manufacturing
facilities shall use the off-peak shift changes throughout the operating
life of the facility substantially as described in the traffic studies
contained in the Statement of Findings, Exhibit B.[18] No amendment of this law shall be made to allow for a
different sequence or timing of shift change times for such nanotechnology
manufacturing facilities without the preparation of a supplemental
GEIS regarding proposed variant shift change impacts on adjacent street
traffic.
[18]
Editor's Note: Exhibit B is on file in the
Town offices.
(s)
Manufacturing activities. All manufacturing uses authorized
within the District shall take place entirely within enclosed buildings,
except for those facilities or portions of facilities such as chemical
bulk, gases (including liquefied cryogenic gases), petroleum, or materials
storage/lay down facilities or electrical substations which are required
by code, regulation or good engineering practice to be outside of
the manufacturing buildings.
[Amended 8-25-2008 by L.L. No. 7-2008]
(t)
Environmental management plans. Plans to meet
the criteria set forth above with respect to energy conservation,
sustainable use of natural resources, environmental protection and
waste management shall be in writing, and copies of such plans shall
be made available to the Town of Malta by the owner of the property
upon which the monitored activity is located upon request or by the
owners. The Town of Malta shall make suitable accommodation to protect
trade secrets. Upon request of the Town of Malta, such plans shall
be made available to the public by posting of the same on the internet
by said owner or by the owners.
(u)
Environmental audits. All entities owning or
operating businesses within the District which conduct activities
which may have an adverse environmental impact (e.g., produce wastes
or emissions possibly dangerous to human health or the natural environment,
noise, transportation of volatile or dangerous chemicals or substances),
shall make and provide the Town of Malta with annual environmental
audits. In addition, all such entities shall be liable to the Town
for the expense of air quality or other environmental testing to be
performed by an independent expert at the request of the Town and
at the expense of the entity. The necessity, scope and frequency of
audits and testing, and the mechanism for funding, shall be determined
during site plan review.
(3)
Campus commercial.
(a)
General intent. Commercial uses shall provide
such goods or services primarily for the use and benefit of employees
and visitors to the campus, so as to reduce environmental impacts
by providing services within the campus. The intent of this provision
is to prohibit commercial uses that will create a commercial center
within the campus.
[Amended 10-5-2016 by L.L. No. 6-2015[19]]
[19]
Editor's Note: This local law provided an effective date of
1-1-2016.
(b)
An entity may provide, itself or through a concessionaire,
goods and/or services for its employees, such as a cafeteria or medical
facility. Such provision of goods and/or services are deemed accessory
to the entity's primary use, provided such goods and/or services are
offered in the entity's own building.
(c)
All uses for the provision of goods and/or services other than as described in Subsection C(3)(b) above shall require a special use permit from the Town Board.
(d)
No freestanding structures used exclusively
or primarily for campus commercial uses are permitted in the District.
D.
Site plan and building permit requirements.
(1)
All development shall be subject to site plan review
pursuant to the Town Code of the Town of Malta and New York State
Town Law. All building plans shall be approved by a duly licensed
(NYS) architect or duly licensed (NYS) engineer. All construction
shall comply with current International Building and Fire Codes as
enacted in New York State Code of Rules and Regulations. All construction
shall be subject to inspection by the Town of Malta Code Enforcement
Officer, the Town's engineers, the Town of Malta Highway Superintendent,
and/or the Town's agent, as directed by Town of Malta Building and
Planning Department.
(2)
All roadways denominated herein as primary arterial
boulevards and local streets shall be built to the technical specifications
of Town highways in the Town of Malta and County highways in the County
of Saratoga for the class of use of the highway in question, The primary
arterial boulevards shall be divided by a median as evidenced in Appendix
A, Map No. 3.[20] If the standards for Town and County highways differ,
the more stringent standards shall control. Prior to construction,
plans for such roadways shall be submitted and approved by the Town
of Malta Highway Superintendent, Town engineers and the Saratoga County
Department of Public Works.
[20]
Editor's Note: Appendix A is on file in the
Town offices.
(3)
All roads, drainage facilities and easements and related
rights-of-way shall be constructed by the developer in conformance
with site plan(s) as submitted and approved by the Malta Town Planning
Board, and as approved by the Town's engineers. All deeds issued for
propert(ies) of or within the District shall be accompanied by a map
prepared by a licensed surveyor showing the proposed transfer and
setting forth the location of all proposed structures and improvements
(including all roads, drainage facilities and easements and related
rights-of-way) whether said proposed improvements are to be made by
the transferor, transferee or a third party, which map shall be reviewed
and approved by the Town Planning Department prior to filing with
the Saratoga County Clerk. Proof of filing of the deed(s) and map(s)
shall be provided to the Town within 10 days of filing.
(4)
It is anticipated that the roads within the District
may be offered to the Town or County for dedication without cost to
the Town or County. The Town or County have no obligation to accept
the roads if offered for dedication. Either the Town or the County
may require the dedication of one or more roads.
(5)
Except as otherwise set forth below, no site preparation, clearing, grubbing, erection of signs or building construction shall be made without the property owner or its designee having applied for and received site plan approval from the Town Planning Board, and without a duly issued building permit. During site plan review, the Town Planning Board shall review and approve site layout, grading and drainage, access, landscaping, circulation, stormwater management, off-street parking, lighting, and any other items deemed necessary to complete its review. Nothing in this section shall prohibit selective tree harvesting in nondevelopment areas pursuant to a forestry management plan submitted to the New York State Department of Environmental Conservation and following all instructions of the Department, and subject to approval of the Town of Malta. Notwithstanding the foregoing, the Luther Forest Technology Campus Economic Development Corporation, and its successors and assigns ("LFTCEDC") shall be permitted to conduct the alteration of land, movement of soil, site preparation, clearing and grubbing prior to the application for site plan or subdivision approval. LFTCEDC shall comply with the Stormwater Pollution Prevention Plan ("SWPPP") pursuant to Article XA of Chapter 167 of the Town Code. Nothing herein is intended to supplement, supercede or alter Chapter 167 of the Town Code.
[Amended 10-5-2016 by L.L. No. 6-2015[21]]
[21]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(6)
The hours of allowable outdoor construction shall
be from 7:00 a.m. to 6:00 p.m., Monday through Saturday. Construction
at other hours shall be allowed pursuant to the issuance of a building
use permit to be issued by the Town of Malta Building and Planning
Department. Said permits shall be issued in instances where the applicant
can demonstrate that it has, to the greatest extent practicable, established
and implemented mitigation measures for any construction that will
take place outside the proposed hours, and demonstrate a need for
construction outside the allowable construction times. Said permit
shall detail the dates, times and type of construction that shall
be allowed.
(7)
Any application for site plan review hereunder shall
contain a narrative statement of compliance with these PDD regulations,
and the project conditions, mitigation measures and relevant impact
thresholds which may be applicable to the development as set forth
in the Findings Statement (Exhibit E)[22] adopted simultaneously herewith the findings statement
dated August 25, 2008 (SEIS), the findings statement dated August
19, 2013 (SSEIS) and the findings statement dated September 1, 2015
(TSEIS).. If required, the applicant shall also complete a Luther
Forest Technology Campus special use permit/site plan application,
together with all required maps, studies, architectural renderings,
building elevations and attachments.
[Amended 10-5-2016 by L.L. No. 6-2015[23]]
(8)
Where a proposed site plan development presents issues
regarding impacts that were not addressed in the GEIS or findings
statement (such as impacts from changed or unanticipated circumstances)
dated May 18, 2004 (GEIS), the findings statement dated August 25,
2008 (SEIS), the findings statement dated August 19, 2013 (SSEIS)
and the findings statement dated September 1, 2015 (TSEIS), the Town
Board or Planning Board may request further information such as a
full environmental assessment form or further explanations to determine
the significance of such potential impacts and whether a supplemental
EIS, limited to those new issues, may be required.
[Amended 10-5-2016 by L.L. No. 6-2015[24]]
[24]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
E.
Subdivisions within approved nonresidential development
areas.
(1)
The owner of the parcel may subdivide same upon subdivision review and approval from the Planning Board in accordance with the Malta Town Code, and the transferee has prepaid any fee and signed any agreements necessary to be a member of the Landowners' Association as set forth in Subsection V. Subdivision within and development area will not require owners to comply with setbacks, frontage and greenspace areas.
[Amended 10-5-2016 by L.L. No. 6-2015[25]]
[25]
Editor's Note: This local law provided an effective date of
1-1-2016.
(2)
Subdivisions of lands within approved development areas may also contain lands outside of the development areas which are designated for open space or common use, provided that no use or development of those lands shall be permitted which is inconsistent with the buffer or green space designations and/or forestry management provisions or other prescriptions of this PDD, and that all requirements of Subsection E(1) are met with respect to all transferred land.
(3)
This section does not apply to the incidental single-family residence uses within Area 10. Proposed subdivisions for residential uses within Area 10 will require such subdivision review and approvals as set forth in the Town of Malta Zoning and/or Subdivision regulations. Residential lots within Development Area 10 shall not have direct access to the industrial uses within other areas, nor shall such lands be included in the covenants and reciprocal access easements which will overlay industrial development lands in the other areas, nor shall the owners of such parcels be required to be members of the landowners' association described in Subsection V.
F.
Development fees. All entities owning or operating Nanotechnology
Manufacturing Facilities (whether an "anchor" facility in Development
Area 1 or smaller facility located in any Development Area), and all
businesses leasing, owning or occupying a net leasable area of 100,000
square feet or more, are required to pay a development fee with the
Town of Malta, which fee shall be in the same manner as Section W.5.b.2
below. Each such agreement shall provide for a payment of $0.25 per
square foot for the fulfillment of the siting criteria and guiding
principles set forth in Paragraph C, above, and which shall identify
the tangible benefit to the residents of the Town of Malta. The Town
of Malta may direct the payment received from the owner to any tangible
benefit it deems appropriate.
[Amended 10-5-2016 by L.L. No. 6-2015[26]]
[26]
Editor's Note: This local law provided an effective date of
1-1-2016.
H.
Enforcement and penalties.
(1)
Violations of the provisions set forth in this PDD,
including, but not limited to, violations of the thresholds set forth
in Exhibit E, may be enforced in either the Town Court of the Town
of Malta or in New York State Supreme Court, County of Saratoga. Enforcement
proceedings may be brought on by the State of New York or the Town
of Malta. The Supreme Court may issue an injunction prohibiting violation
of this PDD, and/or an injunction prohibiting further development
or use of any single parcel or development area within the district.
Where the alleged violation concerns aspects of the district common
to the owners, such as the construction and/or implementation of traffic
mitigation measures or activities within nondevelopment areas, the
Supreme Court may issue an injunction prohibiting further development
anywhere within the district.
(2)
The Code Enforcement Officer of the Town of Malta
may halt construction in any single parcel or development area within
the District. Where the alleged violation concerns aspects of the
District common to the owners, he may recommend to the Town Board
that the demand be made against bond(s) or letter(s) of credit issued
by the landowners' association.
(3)
The development and use restrictions contained within
this PDD shall be interpreted broadly so as to bring about the intent
of this PDD to protect the general public from negative environmental
consequences to the maximum extent reasonably practicable.
(4)
In lieu of any fines otherwise provided by law, the
sentencing court shall impose the following fines for the following
offenses of this local law:
(a)
For a violation of provisions of this local
law related to noise: a fine from $500 to $1,000 per violation for
the first violation; from $1,000 to $2,000 per violation for the second
violation within 18 months; and from $2,000 to $5,000 per violation
for the third violation within 18 months of a prior violation.
(b)
For a violation of provisions of this local
law related to driving a construction vehicle through the Village
of Round Lake (other than on the bypass): $100 to $200 per violation
for the first violation within 18 months of a prior violation; $500
to $1,000 per violation for the second violation within 18 months
of a prior violation; $1,000 to $2,000 per violation for the third
violation within 18 months of a prior violation.
(c)
For a violation of provisions of this local
law related to cutting of trees: $100 to $200 per caliper inch at
breast height, plus replanting of cut trees.
I.
Performance bonds or letters of credit. As directed
by the Town of Malta Planning Board, the developer and the landowners'
association shall file one or more bonds or letters of credit with
the Town Supervisor in the amounts and form acceptable to the Town
Engineer and Town Attorney to guarantee such performance and/or completion
of the requirements of this PDD, and/or a bond or letter of credit
for each discrete development or phase of development made or to be
made therein, prior to issuance of a building permit for such development
or phase of development. All such bonds and letters of credit shall
remain in place until the satisfactory completion (including, but
not limited to, issuance of a certificate of occupancy) and maintenance
for one year after completion of each such discrete development or
phase of development, including landscaping.
J.
Access and circulation. Access and traffic circulation
within the Campus shall be provided by the following:
(1)
Site access. The developer shall provide for a connection
to the campus from the Adirondack Northway (I-87) and US Route 9/NYS
67 with a bypass road around the Village of Round Lake constructed
in general conformance with the plans set forth in Appendix A at Maps
4 and 5,[28] and secondarily to Cold Springs Road. The site access
will connect to the primary arterial boulevards as herein described.
Phasing of site access shall be governed by the traffic thresholds
and other traffic-related findings as adopted in Appendices C and
E.[29]
(2)
Primary arterial boulevards shall be the primary circulation
roadways within the campus and shall connect the various approved
development areas. The boulevards shall be landscaped and shall provide
a paved side path, of similar design and construction to the existing
Dunning Street/Plains Road bike path, for pedestrian and bicycle circulation.
No development shall have frontage on the primary arterial boulevards
to enhance the vehicle capacity of these roadways and the aesthetics
of the overall campus setting. There shall be a minimum one-hundred-foot-wide
undisturbed buffer from the edge of any road or path to any parking
or other construction within a development area.
(3)
Local streets and service roads are to provide circulation
within development areas, as necessary, and connecting facilities
and their related parking areas.
K.
Stormwater management. Separate stormwater management
plans compliant with New York State Stormwater Management Design Manual
shall be submitted for each site. In addition to the requirements
set forth in the design manual, predevelopment infiltration into the
lacustrine sands will be maintained for each site. A stormwater pollution
prevention plan will be developed for each site as required by the
State Pollutant Discharge Elimination System regulations and subject
to approval in form and content by the Town of Malta Planning Board
and New York State Department of Environmental Conservation. A copy
of the NYSDEC letter of acceptance of the subject notice of intent
shall be submitted to the Town prior to commencing any construction.
L.
Sewage transportation. Sanitary sewers will be provided
throughout the campus by connection to the County sewer system. All
sewer facilities shall be designed and constructed in accordance with
the standards of the Saratoga County Sewer District No. 1. The owners
and/or development entities shall enter into agreement with the Saratoga
County Sewer District No. 1 (Sewer District) providing for ownership
and operation by an entity other than the Sewer District subject to
the direction of the Sewer District with performance guarantee through
a bond approve in form by the Sewer District and the Town Attorney,
or ownership by the Sewer District. No sanitary sewers shall operate
as transportation corporations under New York State law. The sewer
district shall determine what portion of these facilities are appropriate
for public ownership. The determining factor for acceptance of dedication
shall be whether such sewer facilities will provide service to only
one, or potentially multiple, specific user(s) or entities within
the campus.
M.
Water transportation.
(1)
Water for the initial 300,000 square feet of development
in Development Area 5, for the residential development in Development
Area 10, and for a backup supply for the nanotechnology manufacturing
buildings in Development Area 1 will be provided by Saratoga Water
Services, Inc., or other public water supply source approved by the
Town of Malta. As part of the site plan review process, the water
supply company shall provide documentation from the appropriate state
agencies indicating that permitted capacity is available to serve
the proposed development.
[Amended 2-5-2007 by L.L. No. 2-2007]
(2)
Water beyond the initial development will be provided
directly from the Hudson River by means of a water main run from the
river at a point in the Town of Stillwater through the lands of the
Town to the campus, in conformance with plans and descriptions found
in the findings statement and Master Plan. Alternatively, water may
be provided from any water delivery system owned and operated by the
County of Saratoga or the Saratoga County Water Authority or any entity
formed by the County of Saratoga or the Saratoga County Water Authority
specifically and exclusively to operate a water delivery system upon
site plan approval by the Town of Malta Planning Board.
[Amended 8-25-2008 by L.L. No. 7-2008]
(3)
Upon construction and connection of either of the
Hudson River treatment plants, and the transmission main to the LFTC
site, an emergency connection to the Saratoga Water Services, Inc.
water system infrastructure shall be provided.
N.
Security and emergency response planning. Measures
shall be taken to protect against terrorism and to secure all hazards
in accordance with best available technology and guidance of the accepted
industry practices, including but not limited to compliance with 6
CFR Part 27 of the US Department of Homeland Security regulations,
NFPA 1600 and/or other law enforcement agencies. Spill response plans,
risk management plans and emergency response plans shall be prepared
and maintained as required by all local, state and federal laws and
regulations, including, but not limited to, NYS DEC regulations; US
OSHA regulations; US EPA regulations; FHA regulations; and NYS DOT
regulations.
[Amended 8-25-2008 by L.L. No. 7-2008]
(1)
All manufacturing facilities and other facilities
required by state or federal law, shall prepare and file facility
emergency response and hazardous materials management plans with the
County Emergency Management Response Agency and local emergency responders
prior to the issuance of a certificate of occupancy, and shall keep
filed plans updated as directed by the same and as needed. Such plans
shall be filed with the Town of Malta. There shall be a standing fire,
emergency and hazardous materials response brigade for each nanotechnology
manufacturing facility prior to a certificate of occupancy being issued.
(2)
All manufacturing facilities and other facilities
required by state or federal law, shall prepare and file facility
security response plan with the appropriate authorities prior to the
issuance of a certificate of occupancy, and shall keep plans updated
as directed by the appropriate authorities and as needed.
(3)
Landowners shall cooperate with the Town in the siting of emergency
warning sirens on the landowner's real property where deemed appropriate
by the Town.
O.
Architectural guidelines. The following guidelines
shall apply, except that either the Town Board or Planning Board may
modify these guidelines with respect to individual applications.
(1)
Nanotechnology manufacturing and support facilities.
(a)
Pedestrian/public access building areas.
[1]
Building facades shall promote a blend of corporate
identity with the regional architectural influences.
[2]
Rooflines shall not be long flat planes.
[3]
Roof materials shall compliment the facades
in both color and material.
[4]
Colors shall harmonize with the surrounding
woods.
[5]
Styles using columns, arcades, divided glazed
surfaces and pedestrian-scale details are encouraged.
[6]
Large expanses of undivided reflective glass
are discouraged.
[7]
Masonry, brick, stone, metal and cast stone
are preferred primary facade finishes.
[8]
The use of exterior insulation foam systems
(EIFs) at pedestrian contact levels is prohibited.
[9]
Long unbroken horizontal facades are discouraged
and facades that present a unified rhythm with numerous insets and
broken planes are preferred.
[10]
Up-lighting of facades is prohibited.
[11]
Architectural styles that blend
the modern international industry style building with the dominant
regional historic vernacular styles (i.e., by using colonial, Greek
revival, Victorian or classical influences, elements, building materials
or finishes), are encouraged in focal point areas of public view,
where otherwise appropriate and functional.
(b)
Nonpublic/manufacturing and functional building
areas.
[1]
Functional need and industrial standards for
utilities. deliveries, mechanical systems, and the like are recognized
as requirements for those nonpublic view portions of the building.
[2]
Guidelines for these areas are to be less restrictive
and not intended to interfere with needs of the business. However,
items listed below will be reviewed for adherence to the building's
overall ability to blend as best as possible to its surrounding setting.
[3]
Rooflines that are flat or slightly pitched
are recognized as industry standard.
[4]
Roof materials shall be selected so that roof
colors are not reflective and are in the earth tone ranges.
[5]
Building facade of concrete, masonry, steel,
stone, or glass are to be permitted. However, attempts to blend with
surrounding buildings and the environment are encouraged.
[6]
Building openings for overhead doors and loading
areas shall be screened from public areas whenever possible.
[7]
Utility service structures and support buildings
shall be of similar building style and design to their corresponding
main structures.
(2)
Campus center facilities. All buildings within the
campus center (Development Areas 2, 3, 6, 7, 9 and 18) shall have
facades which front toward the public streets or core pedestrian areas,
shall be constructed in such a manner as to promote pedestrian access
to and throughout the campus center, and shall be enhanced by traditional
architecture and appropriate landscaping.
(a)
Building facades shall be designed so that all
sides of the building shall have a unified appearance.
(b)
Rooflines shall be designed to promote interest
and avoid long, unbroken lines.
(c)
Entrances and building accents shall be enhanced
through changes in the roofline.
(d)
Building colors shall compliment the entire
campus core and be in harmony with existing and proposed buildings
within the campus center; bold differences are discouraged.
(e)
The use of traditional building elements, such
as columns, arcades, divided windows, architectural fenestration and
pedestrian-scale details are encouraged.
(f)
Designs that incorporate interpretations of
local vernacular styles are encouraged.
(g)
Masonry, brick, stone, and cast stone facades
are preferred.
(h)
The use of extruded foam at pedestrian contact
points is discouraged.
(i)
Buildings that incorporate interesting broken
expanses along the facade are encouraged.
(j)
Buildings shall not be higher than 75 feet.
(3)
Landscaping standards and guidelines. The following
guidelines shall apply to landscaping developed areas within the PDD:
(a)
Linkages to the parking, trails, walks, and
drop-off points shall be landscaped in a manner that promotes areas
for gathering, shade, and plantings indigenous to the surroundings.
(b)
Plantings shall be primarily smaller deciduous
trees, which would reach a climax height of 30 to 50 feet.
(c)
New deciduous trees shall be augmented by flowerbeds
of annuals and perennials.
(d)
Trees, plants and other landscape materials
shall be those which are used typically through Saratoga County and
have a specified hardiness zone classification of five or greater
(e.g., Zones 1 through 5), and shall include a mixture of indigenous
and adapted hybrid species.
(e)
Two hundred square feet of planting area shall
be provided for every 20 parking spaces within the parking area. The
provided planting area shall not be less than 5% of the total parking
area and no more than 7% of the total parking area. Plantings within
the 200 square feet shall consist of one deciduous tree with understory
planting of shrubs and/or perennials. The minimum width of a planting
area within the parking area shall be no less than 10 feet.
P.
Green space, buffers and setbacks. A minimum of 60%
of the lands within the PDD shall be green space. Minimum buffers
and setbacks between all adjacent land uses and zoning districts are
identified on Appendix A, Map No. 2, PDD Buffers and Setbacks.[30] To ensure that the buffers, open space and environmentally
sensitive areas are adequately preserved during construction, buffer
limits and the means of construction protection shall be established
during the site plan review process, and shall include imposition
of protective measures, such as fences.
[30]
Editor's Note: Appendix A is on file in the
Town offices.
Q.
Signs. The owners may construct and maintain monument entrance, directional and informational signs, in addition to normal street signs, within the District. Individual facility owners within the District may use either or both monument signs or building signs to identify their premises, however in no instance shall the signs exceed 200 square feet. Signs may be illuminated, providing that such signs are consistent with the lighting standards in Subsection T of this legislation and that, with the exception of common campus entrance signs, signs shall not be visible from outside the campus. Additionally, building-mounted signs shall not be located higher than 35 feet above finished grade, to the top of the sign. Main campus entrance signs and a way-finding signage package shall be submitted and approved prior to the first certificate of occupancy being issued for the District.
R.
Building height and area requirements.
[Amended 2-5-2007 by L.L. No. 2-2007]
(1)
Maximum building height shall be 110 feet above finished
ground level with all building rooftop appurtenances not to exceed
125 feet above finished ground level in Development Area 1, and 75
feet above finished ground level elsewhere within the PDD, including
all rooftop-mounted equipment. Those portions of the third nanotechnology
manufacturing facility with off-site visibility, such as upper portions
of the building and the stacks, shall be screened, fabricated and/or
painted with muted colors such as gray. No reflective material shall
be used on such visible portions of the buildings or stacks. Rooftop
lighting, if required, shall be minimized. Lighting fixtures shall
be downward facing and shielded. For the purposes of this provision,
“building height” is defined as the distance between ground
level and the highest finished elevation of the building roof. Nanotechnology
manufacturing facilities shall additionally have the following setback
and buffer requirements, except for Development Area 10:
[Amended 8-19-2013 by L.L. No. 5-2013]
(a)
Buildings shall be set back within the development
area a minimum of 700 feet to 1,000 feet from primary arterial boulevards
to provide space for employee parking;
(b)
An additional front yard setback of 100 feet
to 200 feet for entryways and landscaping shall be provided to screen
parking;
(c)
Side and rear yard buffers shall be a minimum
of 100 feet to provide room for landscaping and fencing; and
(d)
Buildings shall be set back 500 feet to 1,000
feet from major roads or primary arterial boulevards which may have
the potential for vibration.
(2)
Setbacks for the Development Area 10 residential units
will be 35 feet front, 45 feet garage, 35 feet for lot corners, 12
feet side and 20 feet rear.
S.
Parking. Parking shall be provided according to the
following schedule applicable to the various allowable uses. The parking
schedule set forth herein is the minimum standard; however, the Town
of Malta Planning Board may reduce the amount of parking spaces for
a particular use upon a showing by the applicant that the application
of the minimum parking schedule set forth above would create an excess
number of parking spaces beyond what is reasonably needed, and that
reducing required parking spaces would be environmentally beneficial
(e.g., by reducing unneeded paving and impermeable surfaces, such
as by construction of multilevel parking structures). Parking garages
are strongly encouraged.
(1)
Nanotechnology manufacturing facilities: 0.8 parking
spaces per employee (minimum; per shift).
(2)
Nanotechnology manufacturing support businesses: 0.8
parking spaces per employee (minimum; per shift).
(3)
Campus commercial: 1.0 parking spaces per 300 square
feet net leaseable floor area. This requirement may be waived if adequate
street parking or common parking lots are otherwise provided within
the Campus Commons area of Development Areas 6, 7, 8 and 11.
(4)
Office: 1.0 parking spaces per 300 square feet net
leaseable floor area, or, alternatively, one space per employee, as
determined at site plan approval phase.
(5)
Community uses and conference center: adequacy of
parking not subject to a particular standard; parking plans to be
submitted and approved at site plan approval phase.
T.
Lighting. Outdoor lighting shall be installed so as
to minimize to the greatest extent possible the lighting of the sky
above the campus. No outdoor light shall be installed, modified or
permitted to be used which casts a beam of light above a plane horizontal
with the earth, other than temporary construction lighting. All outdoor
lighting, excluding temporary lighting, shall be consistent with the
following criteria:
(1)
Proposed area lighting will employ predominantly high-pressure
sodium lighting, with the use of limited metal halide lighting as
appropriate in areas outside of public views.
(2)
All lighting fixtures will be focused with full cut-offs
installed in a horizontal position to prevent upward reflection or
glow to night skies, and reduce the amount of light pollution beyond
the edges of illuminated areas.
(3)
Lighting fixtures will be set at a height which will
limit the amount of light trespass and encourage the use of two-hundred-fifty-watt
high-pressure sodium fixtures, and minimize the usage of higher wattages.
Using lower wattage fixtures at lower heights will help to distribute
the lighting more evenly and eliminate pockets of bright light. Lighting
fixtures shall be set back from the development site boundaries to
mitigate glare to surrounding properties.
(4)
The light levels in parking and pedestrian areas shall
be in accordance with Illuminating Engineering Society of North America
standards. Parking areas shall have a minimum maintained level of
0.5 footcandles with a uniformity ratio of four to one.
(5)
Low-level lighting shall be used at each roadway and
along boulevards for safety and security. Light fixtures shall be
selected to prevent upward reflection or glow and prevent light trespass
outside of road rights-of-way.
(6)
Security lighting at or near buildings will be lit
down and inward toward the building to mitigate outward glare and
reflection. Flood lighting shall be permitted only when no adequate
substitute is available.
(7)
Signs may be externally or internally lit. Externally
lit signs will have shielded fixtures to prevent glare and/or light
trespass.
(8)
Adjacent to residential properties, no direct-light
source will be visible at the edge of the development area.
(9)
All nonessential lighting must be extinguished after
business hours.
(10)
Lighting fixtures (luminaires) and bulbs will
be selected to optimize energy efficiency consistent with New York
State energy plans.
U.
Forestry management. Areas 12, 13, 14, 15, 17 and
19 may be logged under a forestry management plan submitted to the
New York State Department of Environmental Conservation (Department),
shall be subject to all instructions of the Department, and shall
be subject to approval of the Town of Malta, except that clear-cutting
shall not be permitted in any nondevelopment area. Cutting of trees
shall be permitted in Areas 16 and 18 only to the extent necessary
to permit recreational uses. Portions of the District currently hold
a Fisher Act tax exemption through a plan which has been filed with
the Department. Prior to applying to the Town of Malta for site plan
review for any property located within the District, the owner must
have taken all steps necessary to remove Fisher Act classification
(tax exempt status) for the development area in which the property
subject to site plan review is located, and such classification must
have been revoked. Immediately upon the effective date of this legislation,
no timber may be cut except in strict conformance with the conditions
set forth herein. The owner and/or landowners' association shall bond
for erroneous cutting, subject to fines provided herein. The owner
shall bear the expense of the cost of a Town consultant with respect
to such plans.
V.
Common area management and security.
(1)
If there is a single owner of the land within the District, he, she
or it shall be solely responsible for the management of common areas
(e.g., non-development areas, roadways, paths). Should the ownership
of the District be in more than one person or entity, each owner shall
be a member of a landowners' association, the contractual terms (including
amendments) of which shall be approved by the Town Board of the Town
of Malta, and which terms shall provide for security for the District
and for the development and maintenance of common areas (henceforth
"landowners' association"). No person or entity may acquire real property
within the District without becoming a member of the landowners' association,
and no person or entity may conduct any business activity (including
construction) without being a member in good standing of the landowners'
association. The landowners' association's terms shall also provide
for the posting of bonds in amounts and forms approved by (and running
in favor of) the Town, together with the payment of costs, fees and
expenses necessary to provide adequate security and to develop and
maintain common areas, and that the Town of Malta and/or any member
of the association may enforce the terms of the association. Each
member of the landowners' association shall be jointly and severally
responsible for the contractual obligations of the association, and
the Town of Malta may look to any such member to fulfill the obligations
of the association upon the association's default. Prior to seeking
any owner within the campus to pay for an obligation of the landowner's
association, the Town of Malta shall first give written notice of
the obligation to the landowners' association and its intent to seek
payment from a member thereof, and allow 60 days from the date of
the letter. The public shall have free and unrestricted access to
all paths, trails and walkways during daylight hours. Other language
of this paragraph notwithstanding, the association is not responsible
for compliance within Development Area 10.
[Amended 8-25-2008 by L.L. No. 7-2008]
(2)
The owners may form a business improvement district encompassing the campus (excluding Development Area 10 and including Area 18 at the option of the Town of Malta) to provide for security for the District and for the development and maintenance of common areas. Upon the establishment of such a business improvement district, the Town Board may waive some or all of the provisions of Subsection V(1) by resolution.
(3)
A Recreational Master Plan encompassing Development
Area 16, and linkages to Development Areas 16 and 18, shall be completed
prior to and as a condition for the issuance of a certificate of occupancy
for the first 300,000 square feet of development within the District
(exclusive of residential development in Development Area 10), which
Recreational Master Plan shall be completed with the assistance of
the Town’s Planning and Parks and Recreation Departments, and
the Town Planning Board, except that the Town Board may, by resolution,
extend the time by which the Recreational Master Plan must be completed,
in its sole and nonreviewable discretion.
[Amended 2-5-2007 by L.L. No. 2-2007]
W.
Mitigation. The following measures will be taken to
mitigate the negative environmental impacts of the PDD, in addition
to those set forth in Appendix E.[31] With respect to all mitigation or impact fees specifically
set forth herein, the amounts of said fees shall be adjusted for inflation
annually in accordance with the Consumer Price Index. Unless otherwise
stated, the mitigation requirements set forth in this local law shall
be paid by the owners. Failure to complete any required mitigation
measure, including the payment of any mitigation fee, shall be grounds
for suspension by the Code Enforcement Officer or a court of competent
jurisdiction to prohibit any further construction activity within
the District until such mitigation measure or payment has been made.
(1)
Transportation.
(a)
Round Lake Bypass: in conformance with rendering
of gateways set forth as Appendix A, Drawing(s) 6, which bypass must
be constructed prior to the issuance of a certificate of occupancy
for any buildings within the campus, except for residential development
within Development Area 10, and except for 300,000 square feet of
new building construction within Development Area 5.
(b)
Additional off-site transportation mitigation as presented in
the Second Statement of Findings at I and the SSFEIS at Appendix N,
and shall be as follows:
[Amended 8-19-2013 by L.L. No. 5-2013]
[1]
Subsequent to the issuance of a building permit and prior to
the issuance of a certificate of occupancy for the third nanotechnology
manufacturing facility, the operator of Development Area 1 shall be
responsible for the implementation of off-site mitigation measures
for the following intersections: 1) NY Route 9/Malta Avenue/Malta
Avenue Extension; 2) Eastline Road/NY Route 67; 3) NY Route 9./NY
67/Dunning Street; 4) NY Route 9./NY 67/Round Lake Bypass; 5) Interstate
87 Exit 11 Southbound Ramps/Round Lake Road; and 6) Interstate 87
Exit 11 Northbound Ramps/Round Lake Road. All such off-site mitigation
measures implemented by such operator shall be completed in accordance
with the phased traffic improvement schedule as contained in the SSFEIS
at Appendix N. In order to facilitate these off-site mitigation measures,
such operator shall, contemporaneously with the issuance of a building
permit, provide the Town of Malta a bond or letter of credit in an
amount estimated by the Town to be sufficient to pay for the all of
the mitigation measures set forth herein, that is, in the amount of
$7,140,000. However, the financial responsibility of the operator
is not limited to this amount, as the operator bears responsibility
for the entire cost of all such mitigation measures even if such cost
exceeds the financial security provided. If New York State or federal
funding is used in making such improvements, the applicant's liability
shall be limited to paying the "local share" of the improvements,
that is, the Town and county share.
[2]
The operator of Development Area 1 and the Town of Malta shall
hold quarterly meetings at the end of each fiscal quarter following
the issuance of the building permit for the third nanotechnology manufacturing
facility in order to provide employment count information and to address
any forecasted transportation mitigation implementation issues. Such
meetings shall cease upon the issuance of a certificate of occupancy
for the third nanotechnology manufacturing facility.
[3]
In the event no adequately funded group has been established
and is operating with the following mission, the Town of Malta will
form a task force whose mission is to assist with the planning and
implementation of a new Northway Exit 11A connecting from the Northway
I-87 to the Luther Forest Technology Campus. In addition to the Town
of Malta, the following organizations will be invited to participate
in the task force: 1) Village of Round Lake; 2) New York State Department
of Transportation; 3) Capital District Transportation Committee; 4)
Saratoga County Department of Public Works; 5) New York State Empire
Development; and 6) Saratoga County Board of Supervisors. The following
persons will be required to participate in the task force: 1) the
operator of Development Area 1; 2) Luther Forest Technology Economic
Development Corporation and any successor(s). The operator of Development
Area 1 shall be responsible for 1/2 of any Planning and Engineering
costs associated with the operation of this task force for which the
Town or county would otherwise be responsible. It is noted that the
proposed exit represents both a traffic mitigation measure and a quality
of life measure for the residents of the Town of Malta. The task force
shall operate until it determines, based upon the empirical data,
that the filing of an interchange justification report is not warranted,
or until completion and submission to the federal government of an
interchange justification report.
[4]
An updated traffic study shall be prepared by the operator of
Development Area 1, if a building permit has not been issued for the
third nanotechnology manufacturing facility by July 1, 2018. The extent
of the updated traffic study shall be determined by the lead agency.
The mitigation measures required herein and in SSFEIS Appendix N may
be revised by the Town Board as a result of this study.
(c)
Thresholds: 600 trips or 500,000 square feet
of occupied (i.e., nonmechanical) floor area per each development
phase. A total of 2,400 trips or 2,000,000 square feet of occupied
floor area shall be permitted, inclusive of the Luther Forest Campus
and the NYSERDA STEP property.
(d)
Should an access road be built into the District
from a new exit on Interstate 87, land belonging to individuals residing
on Easy Street in the Town of Malta could foreseeably be taken through
the eminent domain process. Although the owner of the District may
purchase one or more of these Easy Street properties on terms agreeable
to the parties, and although owners of East Street properties are
guaranteed by the New York State and Federal Constitutions and by
statute just compensation for any takings, the entity applying for
site plan review of Development Area 10 ("developer") shall, as a
condition for receiving subdivision approval, offer to (1) purchase
the parcels of owners of real property as of the date of this legislation
identified by Tax Map Numbers 240.-2-19.2, 240.-2-19.3 and 240.-2-19.4
for fair market value, said value to be determined by an MAI appraisal
obtained at the expense of the developer; or (2) exchange with the
individual owners of said parcel's their respective parcels for a
house and property located in Development Area 10 of equivalent market
value, said values to be determined by MAI appraisals obtained at
the expense of the Developer. This offer must remain in effect for
two years from the date first extended.
(2)
Electric power. At critical viewsheds, electric transmission lines
will be single-pole, double-davit overhead lines and incorporate necessary
landscaping and screening. 1.1 miles of electric transmission lines
shall be located underground, as set forth in Exhibit F. All distribution
lines within the campus associated with the project shall be underground.
A mitigation fee of $950,000 shall be paid to the Town of Malta as
mitigation for the visual and other impacts of the overhead transmission
lines, to be used to pay for other mitigation measures north from
the intersection of the Stonebreak Road and Route 9 roundabout by
providing other aesthetic improvements such as, but not limited to,
landscaping, sidewalks, hardscapes, pedestrian-scale lighting, gateway
treatments, signage improvements, and/or works of art, to balance
the adverse visual impacts resultant of the establishment of overhead
transmission lines along Stonebreak Road.
[Amended 10-1-2007 by L.L. No. 18-2007; 9-18-2017 by L.L. No. 6-2017]
(3)
Telecommunications. Cellular communications facilities are restricted to those maximum heights as set within Subsection R and shall only be permitted as building mounted structures.
(4)
Quality of life. Owners shall have the responsibility
of participating in committees formed from time-to-time by the Town
Board concerning issues related to the campus. A committee shall be
formed by the Town of Malta named the "Luther Forest Technology Campus
Community Response Board," which shall advise the Town Board on issues
related to the campus, the members of which shall be appointed by
the Town Board for one-year terms.
(5)
Growth-inducing impacts.
(a)
Future planning studies: The Town of Malta intends
to complete Master Plan and Zoning updates as well as a Town-wide
Generic Environmental Impact Statement prior to completion of the
first fab in Development Area 1. Throughout build out of the campus,
the Town will also undertake various other planning studies, and periodically
update the Town Master Plan and Zoning Ordinance as the Town Board
deems necessary. Each business/tenant locating within the LFTC will
contribute to a Town Planning Fund which will be used to complete
the studies and implement the planning strategies necessary to meet
the Town's goals. Contributions will be due at the time of site plan
approval and will be in the amounts outlined below:
(b)
Open space and recreation.
[1]
The owner shall transfer to the Town of Malta
by warranty deed the parcel designated on Exhibit A, Map 1, as Development
Area 18 to be used for park, community and/or recreational purposes,
in the size of at least 28 acres, prior to or at the time of the first
application for site plan review of any land within the District.
The owner shall pay all closing costs, including the costs of a survey.
The owner shall take all steps available to remove Fisher Act designation
from Development Area 18.
[Amended 2-5-2007 by L.L. No. 2-2007]
[2]
All easements obtained or retained by the owners
for placement or maintenance of water and/or sewer lines shall also
contain an easement for use as public pathways and trails, paved or
unpaved. The form and extent of use of these easements for public
pathways and trails shall be determined by the Town of Malta Planning
Board during site plan review, or by later requirement of the Malta
Town Board by resolution, on notice to the owner(s) of the affected
easement(s) and the landowners' association, at the expense of the
owners. The Town Board shall have the ability to waive this requirement
when it proves to be impracticable or undesirable, upon consultations
with the Town Parks and Recreation Department and the Town Planning
and Building Department.
[3]
To further minimize the impact of the campus
on the open space and recreational facilities of Malta, an open space
and recreation fee of $0.69 per square foot shall be paid for all
nonresidential structures constructed and $1,000 per residential housing
unit. (NOTE: Said fees are based on 2004 dollars and shall be adjusted
for inflation pursuant to the Consumer Price Index.) One-half of the
sum shall be due and payable at the time a building permit is issued
and the balance of the sum shall be due when a certificate of occupancy
is obtained. It is further understood that these open space and recreation
fees reflect a credit for the value of the 32 acres of land that have
been received from the District. Open space and recreation fees paid
pursuant to this legislation shall only be expended for open space
and parkland acquisition and recreational capital improvements or
for debt service relating to said open space and recreation capital
improvements expenditures. The open space and recreation fee collected
should be expended within 10 years. All open space and recreation
fees shall be calculated by the Town of Malta Building and Planning
Department at the time of initial site plan application, as applicable.
Effective August 31, 2017, no open space or recreation mitigation
fees shall be paid for nonresidential structures.
[Amended 2-5-2007 by L.L. No. 2-2007; 10-5-2016 by L.L. No. 6-2015[32]; 9-18-2017 by L.L.
No. 6-2017]
[32]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(6)
Health and safety.
(a)
To further minimize the potential impact of
excessive air emissions from traffic between the campus and the Town,
the owner or landowner's association shall study (or cause to be studied),
in conjunction with the Town Planning Department, the feasibility
of a shuttle system between the campus and downtown area of Malta.
The system may be designed and operated by the owners or a third party.
The study shall be completed prior to the issuance of a certificate
of occupancy of the first manufacturing facility within Development
Area 1. The study shall be updated prior to the issuance of a certificate
of occupancy of each additional manufacturing facility within Development
Area 1, or as requested by the Town of Malta.
(b)
Independent environmental audits. Environmental
audits of the nanotechnology manufacturing facilities within the campus
shall be completed by a qualified, independent third party, as requested
by the Town of Malta. The audit shall consist of a review of appropriate
local, state and federal laws, implementing regulations and guidance
documents and the facilities compliance with these laws, implementing
regulations and guidance documents, as well as the individual permit
conditions for each of the permits that have been issued for the facility.
The cost of this audit shall be paid for by the owner of the facility.
(c)
Noise. The owner operator of each nanotechnology manufacturing
facility shall be required to perform and fund noise monitoring at
or within the real property line of any residential property at the
following milestones and frequencies:
[1]
Quarterly for the first year after the commencement of full
operation and thereafter as requested by the Town Board;
[2]
As set forth in the SFEIS, dated August 4, 2008, and as supplemented
and amended by Section 3.11 of the Third Supplemental Statement of
Findings dated September 1, 2015 (Appendix J).
[33]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(7)
Emergency services. It is the Town's goal to maintain
the involvement of its citizens in fire and ambulance services, and
to provide excellence in meeting fire and health related emergencies.
Individual owners and operators of nanotechnology manufacturing facilities
shall prepare written annual emergency preparedness plans. These plans
shall identify risks and disclose dangers and specify training and
equipment needs. These plans shall be prepared in consultation with
the emergency services providers in the Town of Malta and the Malta
Emergency Preparedness Committee.
(8)
Construction impacts.
(a)
Inspectors. The owners shall pay all costs associated
with building inspections, including the hiring and employment costs
(including fringe benefits and employers' tax contributions) of one
or more full- or part-time building inspectors whose responsibility
shall be to provide inspection services at the campus. This cost shall
be calculated and billed on an hourly basis.
(b)
Engineering, expert and legal professional fees.
Engineers', experts' and attorneys' fees incurred by the Town of Malta
in connection with the inspection, monitoring and review of the PDD
shall be paid by the owner whose property and/or application is serviced
by those professionals. Owners shall be required to fund an escrow
account as determined and administered by the Town of Malta Building
and Planning Department.
[31]
Editor's Note: Appendix E is on file in the
Town offices.
X.
Trails. The Luther Forest Technology Campus Economic
Development Corporation or its successor(s)-in-interest. shall construct
and maintain paved shared-use public pathways and trails within the
campus at a minimum of 7.5 miles and as set forth on Exhibit A, Map
2.[34] These trails shall be available to the public on a year-round basis from dawn to dusk for all nonmotorized vehicular uses. The shared-use public pathway and trails within the campus shall be constructed to the standards as set forth in the Town of Malta Linkage Study adopted in 2003. Said trails shall be connected to the existing public trails within the Town of Stillwater and in the Town of Malta, including the Zim Smith Trail, with approval from the Town of Malta Parks and Recreation Director and the Building and Planning Coordinator. All shared-use public pathways shall be completed contemporaneously with said adjacent roadway. A recreational trails master plan shall be developed for the campus, including Areas 16 and 18. This master plan shall be developed with input from the Town of Malta Parks and Recreation Director and the Building and Planning Coordinator. This plan shall be approved by the Town's Parks and Recreation Director and Building and Planning Coordinator prior to the issuance of a certificate of occupancy for the first building in Development Area 5. Said master plan shall provide that there will be no hunting or trapping within Area 16. Additionally, one-half of the trails within Development Area 16 shall be completed prior to the issuance of a certificate of occupancy for the first building in Development Area 5. The remaining trails within this area shall be completed prior to the issuance of a certificate of occupancy for the first nanotechnology manufacturing facility within Development Area 1. The time periods set forth in this Subsection X may be extended by the Town Board by resolution, in its sole and nonreviewable discretion.
[Amended 2-5-2007 by L.L. No. 2-2007; 8-25-2008 by L.L. No.
7-2008]
[34]
Editor's Note: Exhibit A is on file in the
Town offices.
Y.
Special provisions controlling construction. The following
temporary facilities shall be allowed to service the needs of construction
employees, subject to site plan review and approval.
Z.
Amendments. Other provisions of the Code of the Town
of Malta notwithstanding, the Town of Malta may itself bring on an
application to amend this local law, as it may from time-to-time be
amended, subject to the provisions of the Code of the Town of Malta
and New York State Town Law. Upon any application for amendment to
this PDD, the Town of Malta shall determine whether such changes are
environmentally significant so as to require the preparation of a
supplemental EIS according to the SEQR standards at 6 NYCRR Part 617.
[Amended 2-5-2007 by L.L. No. 2-2007]
AA.
Supersession. This local law is hereby adopted pursuant
to the provision of § 10 of the New York State Municipal
Home Rule Law and § 10 of the New York State Statute of
Local Governments, it being the intent of the Town Board to supersede
any and all contrary or inconsistent state laws.
BB.
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.
CC.
Effective date. This local law shall take effect 10
days after being filed in the office of the New York Secretary of
State.
DD.
Special provisions relating to Development Area 1. All other language
in this local law notwithstanding, the following provisions shall
apply only to Development Area 1. All nonconflicting provisions of
this local law, as amended, shall also control Development Area 1.
[Added 8-25-2008 by L.L. No. 7-2008]
(1)
Definition. Development Area 1 is defined as that Section 1
in Appendix A, Map 1, located within the Town of Malta.
(2)
Sunset provision. The provisions of this local law (i.e., Subsection DD to Planned Development District No. 46, adopted May 18, 2004, as amended, henceforth "PDD 46") shall expire by operation of law on December 31, 2010, unless a building permit for the construction of a nanotechnology manufacturing facility within Development Area 1 has been issued by that date by the Town of Malta.
(3)
Supplemental statement of findings. A Statement of Findings
dated May 18, 2004, is Appendix E to PDD 46. It is supplemented by
the Final Supplemental Environmental Impact Statement of Findings
dated August 25, 2008, annexed hereto and incorporated by reference
herein, as Appendix F the Second Supplemental Statement of Findings
dated August 19, 2013 (Appendix I) and the Third Supplemental Statement
of Findings dated September 1, 2015 (Appendix J). The Final Supplemental
Environmental Impact Statement of Findings has been supplemented by
the Second Supplemental Environmental Impact Statement of Findings,
dated August 19, 2013, annexed hereto and incorporated by reference
as Appendix I. Unless otherwise noted and in the event there is a
conflict between the Appendices E, F, I or J, the Appendix with the
latest occurring date shall control.
[35]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(4)
Industry requirements report. Annexed hereto and incorporated
herein by reference as Appendix G is the AMD Industry Requirements
Report dated July 29, 2008. This replaces in its entirety the 2002
AGI report which was included as Appendix C to the Draft Generic Environmental
Impact Statement to PDD 46 with respect to Development Area 1. The
GlobalFoundries Industry Requirements Report dated January 2013 serves
to supplement the 2008 Industry Requirements Report.
[Amended 8-19-2013 by L.L. No. 5-2013]
(5)
General provisions regarding environmental considerations. Subsection A(5) notwithstanding, all land uses, development, construction and operation of facilities within the Development Area 1 shall be conducted in accordance with:
(a)
This legislation;
(b)
The environmental thresholds and conditions contained in this
legislation, including the 2008 Industry Requirements Report (Appendix
G) as supplemented by the 2013 Industry Requirements Report (Appendix
H), the May 18, 2004 Statement of Findings (Appendix E), the Final
Supplemental Environmental Impact Statement of Findings dated August
25, 2008 (Appendix F), the Final Second Supplemental Environmental
Impact Statement of Findings dated August 19, 2013 (Appendix I), Final
Third Supplemental Statement of Findings dated September 1, 2015 (Appendix
J), the uses and site plans as approved by the Town Board and the
Town Planning Board, and any other relevant requirements and conditions
of State and Federal environmental laws and permits issued thereunder.
[36]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(c)
The May 18, 2004 Statement of Findings (Appendix E),
(d)
The final Supplemental Environmental Impact Statement of Findings
dated August 25, 2008 (Appendix F);
(f)
The uses and site plans as approved by the Town Board and the
Town Planning Board; and
[Amended 8-19-2013 by L.L. No. 5-2013]
(g)
Any other relevant requirements and conditions of state and federal
environmental laws and permits issued thereunder.
(6)
Allowable uses in Development Area 1: Subsection B(1)(a)[1] notwithstanding:
(a)
Allowable uses:
[1]
Nanotechnology manufacturing facilities (up to
a maximum of three facilities, at least two to be substantially located
in the Town of Malta). (Note: The Town of Malta cannot authorize or
prohibit construction within the Town of Stillwater. The Town of Malta,
however, as lead agency for the SEQRA process underlying the within
zoning change, has evaluated environmental impacts for the Campus
in general, and Development Area 1 in particular, with a maximum of
three nanotechnology manufacturing facilities in the configuration
set forth above. Should a material act be taken in violation of this
number or configuration of nanotechnology manufacturing facilities
anywhere within Development Area 1, the Code Enforcement Officer of
the Town of Malta or a court of competent jurisdiction may require
that no further construction be made, and/or no further industrial
activity take place, until such time as the violation has been cured.)
Each such facility shall be anchored by a primary fabrication building,
whose footprint shall not exceed 575,000 square feet, and may include
associated accessory buildings (separate or contiguous), including
but not limited to, support clean room, manufacturing areas, a central
utility building, a gas separation facility, data center, other storage
and support buildings, and one or more administrative office buildings
with associated amenities. Each facility, together with these accessory
buildings, shall not exceed a total building footprint of 980,000
square feet.
[Amended 8-19-2013 by L.L. No. 5-2013]
[2]
Public and private utilities.
(b)
Uses by special use permit: none.
(7)
Siting criteria. Subsection C(2)(c) notwithstanding, entities in Development Area 1 shall not produce air emissions, vibration, excessive traffic, or other adverse impacts which would be incompatible with the thresholds and limitations set forth in the:
(a)
May 18, 2004 Statement of Findings (Appendix E);
(b)
Final Supplemental Environmental Impact Statement of Findings
dated August 25, 2008; Final Second Supplemental Environmental Impact
Statement of Findings, dated August 19, 2013 (Appendix I), (iv) the
Final Third Supplemental Environmental Impact Statement of Findings,
dated September 1, 2015 (Appendix J); the representative values set
forth in the 2008 Industry Requirements Report (Appendix G), as supplemented
by the 2013 Industry Requirements Report (Appendix H); and all requirements
of Federal, New York State, Saratoga County and Town of Malta law
and regulation;
[38]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(d)
The representative values set forth in the 2008 Industry Requirements
Report (Appendix G), as supplemented by the 2013 Industry Requirements
Report (Appendix H) and;
[Amended 8-19-2013 by L.L. No. 5-2013]
(e)
All requirements of federal, New York State, Saratoga County
and Town of Malta law and regulation.
(8)
Public trust. Subsection C(2)(j) notwithstanding, entities shall consistently exercise and promote the highest standards of organizational integrity and public responsibility. Owners and operators shall meet all applicable governmental standards for air, land and water quality and implement environmental management systems certified to current ISO industry standards. All efforts shall be made to design, operate and maintain a safe facility and to prevent accidents.
(9)
Environmental protection. Subsection C(2)(n) notwithstanding, entities shall comply with all local, state, and federal laws and regulations with respect to discharges into the environment. Furthermore, entities shall agree to appropriate, relevant, and reasonable measures that go beyond compliance with all applicable local, state, and federal regulations with respect to discharges into the environment. Such measures shall be incorporated into the project-specific SEQRA Findings Statement dated August 25, 2008 and/or the Second Supplemental Statement of Findings dated August 19, 2013, or another appropriate and binding agreement between the entity and the Town. Said entities must, to the maximum extent practicable, continuously reduce potentially harmful discharges into the environment, and continuously seek and use better substitutes with improved economic performance for chemicals that have documented adverse environmental impacts.
[Amended 8-19-2013 by L.L. No. 5-2013]
(10)
Air pollution control. All other language in Subsection C(2) notwithstanding, the entity shall comply with all local, state and federal regulations with respect to air emissions. The first phase of development will be below Title V thresholds (i.e., not a major source of air pollutants) and will be permitted under a NYSDEC state facility permit. Nonetheless, the semiconductor operator shall design and implement technology equivalent to best available control technology (BACT) as described in the industry requirements report and will also develop and implement a compliance assurance monitoring (CAM) plan which meets the requirements of the provisions of 40 CFR Part 64 in order to demonstrate and confirm continuous compliance with permit limits. Neither BACT nor a compliance assurance monitoring plan are normally required components of a NYSDEC state facility permit and, as such, these actions represent voluntary efforts by the entity.
(12)
Tax alternate PILOT or tax sharing agreements. Subsection C(2)(q) and the other provisions of this local law notwithstanding, nothing herein shall prohibit entities owning and/or operating businesses in Development Area 1 from entering into a payment-in-lieu-of-taxes (PILOT) agreement, providing that PILOT payments in the amounts required by Subsection C(2)(q) are allocated in a specific ratio between the Towns of Malta and Stillwater, and the Ballston Spa Central School District and Stillwater Central School District. It is the intention of the Town of Malta to enter into such a revenue sharing or PILOT arrangement on a basis of 75% (Malta) to 25% (Stillwater), which arrangement would remain in effect until certificates of occupancy have been issued for nanotechnology manufacturing facilities in Development Area 1 in both the Town of Malta and the Town of Stillwater; that is, until each Town has one such facility. Likewise, in the event Development Area 1 is owned by private entity, it is the intention of the Town of Malta to enter into a tax-sharing or PILOT arrangement with the Town of Stillwater on a basis of 75% (Malta) to 25% (Stillwater), should law permit, until certificates of occupancy have been issued for nanotechnology manufacturing facilities in Development Area 1 in both the Town of Malta and the Town of Stillwater.
[Amended 4-2-2012 by L.L. No. 4-2012]
(13)
Environmental management plans. Subsection C(2)(t) notwithstanding, entities will implement an environmental, health and safety management program consistent with the industry requirements report and will attain ISO 14001 certification for the facility as soon as practicable. Entities will prepare and produce all environmental plans required by local, federal and state laws. To the extent such plans are required to be submitted or filed with any federal, state or local government agencies, entities shall, at the same time as any such submission or filing, provide a copy of such plans to the Town of Malta, subject to confidentiality protections authorized by applicable law reasonably satisfactory to said entities.
(14)
Environmental audits. Subsection C(2)(u) notwithstanding:
(a)
All entities owning or operating businesses which conduct activities
which may have an adverse environmental impact (e.g., produce wastes
or emissions possibly dangerous to human health or the natural environment,
noise, transportation of volatile or dangerous chemicals or substances)
shall operate under an environmental management system, which shall
include periodic, independent compliance auditing. As described in
the industry requirements report, the entity conducts compliance audits
corporate-wide at all of its manufacturing facilities and will continue
to implement that auditing program.
(b)
Subsection W(6)(b) notwithstanding, the entity has an environmental auditing policy that requires periodic third-party compliance auditing of its operations, as described in the industry requirements report, and which may be reviewed and amended from time to time in the discretion of the entity. The entity shall materially comply with its internal environmental auditing policy and all future local, state or federal law or regulations requiring environmental auditing.
(c)
The entity shall contemporaneously provide to the Town of Malta
true copies of all reports, records, summaries and conclusions which
are provided to NYS Department of Environmental Conservation and US
Environmental Protection Agency or any other federal, state or local
agency.
(d)
The entity shall contemporaneous provide to the Town of Malta
true copies of all permit applications (including supplements or modifications
thereof) to federal, state and local agencies, together with copies
of all permits issued in response thereto.
(15)
Campus commercial. Subsection C(3)(b) notwithstanding, the entity may provide, by itself or through an agent, a fitness facility for the entity's primary use.
(16)
Site plan and building permit requirements. Subsection D(5) notwithstanding, except as otherwise set forth below, no site preparation, clearing, or grubbing, erection of signs or construction shall be made without the property owner or its designee having applied for and received site plan approval from the Town Planning Board, and without a duly issued building permit.
(a)
Prior to the site plan application, the entity may apply for and, upon meeting all necessary requirements, receive a soil disturbance approval which may permit site preparation, including, but not limited to, clearing, grubbing, and excavation and placement of fill. In order to receive the approval, the entity must submit a stormwater pollution prevention plan (SWPPP) pursuant to Article XA of Chapter 167 of the Town Code. The submission shall consist of all requirements contained in Article XA of Chapter 167 of the Town Code, any rules and regulations promulgated by the Town Board hereunder, and SPEDES General Permit GP-0-08-001 for stormwater discharges from construction activity.
[Amended 10-5-2016 by L.L. No. 6-2015[41]]
[41]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(b)
Prior to the site plan application, the entity may apply for
and may receive a temporary construction site plan approval which
will allow the property to be used temporarily for construction-related
purposes in order to prepare to commence construction of the permanent
structures on site. In order to receive the approval, the entity must
submit an application which complies with any rules and regulations
promulgated by the Town Board hereunder, and which fully identifies:
the layout of the site during construction; temporary structures,
including concrete batch plant, pre-cast plant, temporary offices
and sanitary sewer connections; information pertaining to location
and type of construction materials stored on site; projected start
date and duration; routes for construction vehicles; layout for parking,
temporary utility locations and construction; mitigation plan for
noise, dust, vibration, construction traffic, lighting and emergency
services (including ambulance and fire protection); and any other
information or documentation identified by the Planning Board.
[Amended 10-5-2016 by L.L. No. 6-2015[42]]
[42]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(c)
During site plan review, the Town Planning Board shall review
and may approve site layout, grading and drainage, access, landscaping,
circulation, stormwater management, off-street parking, and lighting.
Upon receipt of site plan approval, the entity shall apply for and
may be issued a building permit to commence activities as set forth
in the resolution for site plan approval. The Town Building Department
may establish an appropriate process for the issuance of phased building
permits as deemed necessary to efficiently process and accommodate
the needs of the project.
(d)
Nothing in this subsection shall prohibit selective tree harvesting
in nondevelopment areas pursuant to a forestry management plan submitted
to the New York State Department of Environmental Conservation and
following all instructions of the Department, and subject to approval
of the Town of Malta.
(17)
An application for site plan review shall also be subject to
the representative values contained in the 2008 Industry Requirements
Report, as supplemented by the 2013 Industry Requirements Report,
the Final Supplemental Environmental Impact Statement of Findings
dated August 25, 2008 (Appendix F), the Final Second Supplemental
Environmental Impact Statement of Findings dated August 19, 2013 (Appendix
I), and the Final Third Supplemental Environmental Impact Statement
of Findings dated September 1, 2015 (Appendix J), incorporated herein
by reference.
[43]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(18)
Where a proposed site plan development presents issues regarding
impacts that were not addressed in the GEIS, Findings Statement dated
May 18, 2004 (such as impacts from changed or unanticipated circumstances),
representative values contained in the 2008 Industry Requirements
Report, as supplemented by the 2013 Industry Requirements Report,
Findings Statement of SEIS dated August 25, 2008, Second Supplemental
Statement of Findings dated August 19, 2013, or Third Supplemental
Statement of Findings dated September 1, 2015, the Town Board or Planning
Board may request further information such as a Full Environmental
Assessment Form or further explanations to determine the significance
of such potential impacts and whether a supplemental EIS, limited
to those new issues, may be required.
[44]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(21)
Impact thresholds. All development, use and occupancy of lands
within the District shall be within the thresholds, standards, conditions
and limitations set forth in Appendix E, Findings Statement, the 2008
Industry Requirements Report, as supplemented by the 2013 Industry
Requirements Report, the Findings Statement of the SEIS dated August
25, 2008, the Findings Statement of the SSEIS dated August 19, 2013
and/or the Findings Statement of the TSFEIS dated September 1, 2015.
[47]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(22)
Subsection H(1) notwithstanding, violation thresholds shall also include those set forth in the 2013 Industry Requirements Report and the Findings Statements of the SFEIS dated August 25, 2008, the SSFEIS dated August 19, 2013 and the TSFEIS dated September 1, 2015.
[48]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(23)
Performance bonds or letters of credit. Subsection I notwithstanding, bonds or letters of credit shall be required as per the Town Code of the Town of Malta in amounts acceptable to the Town Engineers and Town Attorney, and as customarily coordinated by the Building and Planning Department.
(24)
Security and emergency response plan. Subsection N(1) notwithstanding, all manufacturing facilities and other facilities required by local, state or federal law shall prepare and file facility emergency response and hazardous materials management plans with the County Emergency Management Response Agency and local emergency responders prior to the issuance of a certificate of occupancy, and shall keep filed plans updated as directed by the same and as needed. Copies of such plans shall be filed with the Town of Malta. There shall be a standing fire, emergency and hazardous materials response brigade in place for each nanotechnology manufacturing facility, prior to a certificate of occupancy being issued. The entity and the Town will collaborate fully to ensure adequate training and preparation of those resources to provide for the safety of emergency response personnel, the community, and business interests.
(26)
Mitigation — health and safety.
(a)
Subsection W(1)(c) notwithstanding, the square footage calculations shall not include the square footage contained within Development Area 1.
(b)
Subsection W(5)(a) notwithstanding, the term "ancillary development" includes only development outside of Development Area 1. [See Statement of Findings dated May 18, 2004, at Sections IIIB and M(5).]
(c)
Subsection W(6)(b) notwithstanding, the entity has an environmental auditing policy that requires periodic third-party compliance auditing of its operations, as described in the industry requirements report, and which may be reviewed and amended from time to time in the discretion of the entity. The entity shall materially comply with its internal environmental auditing policy and all future local, state or federal law or regulations requiring environmental auditing.
(d)
Noise.
[Amended 8-19-2013 by L.L. No. 5-2013]
[2]
The following mitigation measures shall be incorporated
in the design and construction of Electrical Service Buildings (ESBs)
for Fab 8.2.
[a]
All ESBs shall be located so that they comply with
the standards below.
[b]
All ESBs shall be designed to incorporate a vestibule
between exterior doors and doors serving CPS rooms. There shall not
be any exterior doors in the CPS rooms. All doors shall remain in
the closed position when not in use. All doors shall incorporate acoustical
seals between the door and frame.
[c]
No ventilation opening shall be located on facades
facing the residential subdivisions to the north and northeast to
the extent practicable.
[d]
The ventilation openings in the exterior walls
of the CPS rooms shall incorporate noise mitigation elements to adequately
attenuate noise emissions. The combined acoustical performance of
the silencer and acoustical louver for each opening shall have the
following minimum dynamic insertion loss (DIL) values:
Table 1 – Minimum Octave Band Dynamic Insertion
Loss (DIL) for the ESB Silencing Elements
| |||||||||
---|---|---|---|---|---|---|---|---|---|
Octave Band Center Frequency (Hz)
| |||||||||
31.5
|
63
|
125
|
250
|
500
|
1,000
|
2,000
|
4,000
|
8,000
| |
Minimum Silencer DIL, dB
|
NA
|
21
|
22
|
35
|
47
|
49
|
47
|
44
|
28
|
[e]
Roof extractors shall face away from residential
properties and shall have acoustic silencers to meet performance criteria.
[f]
The exterior walls of all ESBs shall be designed
with a minimum sound transmission class (STC) of 63.
[g]
All ESBs shall incorporate interior room acoustical
absorption in their design. The sound absorptive material shall have
a minimum noise reduction coefficient (NRC) of 0.95, and shall have
a minimum sound absorption coefficient of 0.90 at 250 Hz.
[h]
The 100% Design Documents shall be submitted for
review by the Malta Department of Building and Planning and its consultants,
prior to issuing for bid.
[i]
The 100% Construction Documents shall be submitted
for review by the Malta Department of Building and Planning and its
consultants.
(27)
Special provisions controlling construction. Subsection Y notwithstanding, the following temporary facilities shall be allowed to service the needs of construction employees, following issuance of a temporary construction site approval under Subsection DD(16)(b), subject to review and approval by the Planning Board for each such use:
(28)
Pursuant to § 7 of the Joint Community Benefit Development
Agreement and in connection with the third nanotechnology manufacturing
facility to be located in Development Area 1, the owner or operator
shall pay as directed by the Town of Malta a sum equivalent to the
total square footage of the third nanotechnology manufacturing facility
to be located in Development Area 1 of the Town of Malta multiplied
by $0.846555 (current 2013 value used herein), and as further multiplied
(after 2013) to adjust for inflation pursuant to the Consumer Price
Index, following the issuance of a building permit for the construction
of such facility. The Town of Malta may direct that such payments
be made in one or more payments to the Town, to one or more third
parties, or both. Such payments shall be used only for public purposes,
including but not limited to infrastructure improvements such as sewer,
water or road improvements; provision or enhancement of public safety
services such as police, fire protection or emergency medical services;
or provision or enhancement of cultural, recreational, historical
or open space resources or programs. Such payment concludes any further
obligation on the part of GlobalFoundries US Inc. or its bona fide
successors-in-interest to enter into any further development agreement
with the Town of Malta for any further development within the Town
of Malta.
[Added 8-19-2013 by L.L. No. 5-2013]
(29)
The language of § 167A-52W(5)[b][3], notwithstanding,
and consistent with § 3 of the Joint Community Benefit Development
Agreement, the owner or operator of the third nanotechnology manufacturing
facility located in Development Area 1 shall, as full payment of the
open space and recreation fee required by § 167A-52W(5)[b][3],
contribute the sum of $3,000,000 towards the purchase of a parcel
of real property and improvements located on the shore of Saratoga
Lake in the Town of Stillwater, popularly known as "Browns Beach"
(bearing Tax Map No. 218.20-2-1), which property shall be maintained
for beach and recreational use for the benefit of the residents of
the Towns of Malta and Stillwater alike.
[Added 8-19-2013 by L.L. No. 5-2013]
(30)
The operator overseeing the construction of the third nanotechnology
manufacturing facility shall ensure that construction shifts are scheduled
in such a manner as to prevent their coinciding with shift changes
for non-construction personnel. Compliance with the provision shall
require that shift changes must be separated by at least 30 minutes
in order to reduce commuting congestion.
[Added 8-19-2013 by L.L. No. 5-2013]
(31)
The operator shall use its best efforts to ensure that construction
of the third nanotechnology manufacturing facility shall be commenced
and concluded within an eighteen-month period. In order to facilitate
accomplishment of this goal, construction is permitted at all times
on all days of the week, subject to conditions which may be imposed
by the Malta Department of Building and Planning as set forth in Section
4.14(3) of the Supplemental Statement of Findings dated August 25,
2008. This period of time during which such extended construction
hours may be employed may be extended by the Malta Town Board by resolution
for good cause shown.
[Added 8-19-2013 by L.L. No. 5-2013]
[Adopted 8-2-2004 by L.L. No. 9-2004]
A.
This local law shall be known as "No. 9 of 2004" and
amends the Town of Malta Zoning Ordinance to provide for the creation
of a Planned Development District No. 47, Steeplechase 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 Agricultural 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. 47, Steeplechase Planned Development
District, Town of Malta."
C.
The area of the planned development district consists
of 192 plus/minus acres in the Town of Malta and is bounded and described
as set forth in Appendix A, attached hereto and made a part hereof.
All appendices[1] referenced in this document are attached hereto and made
a part hereof.
[1]
Editor's Note: Referenced appendices are on
file in the Town offices.
D.
Development areas.
(1)
The Steeplechase Planned Development District will
consist of three areas. The first area shall be known as "Saint Ledgers
Woods." This portion of the planned development district will contain
an area of approximately 20.202 acres and consist of 21 single-family
residences located in the northerly portion of the property adjacent
to U.S. Route No. 9. Lot sizes in Saint Ledgers Woods will range from
approximately 22,000 square feet to approximately 55,000 square feet.
Said area is bounded and described in Appendix B. See also Appendix
F for the general layout of this area.
(2)
The second area of the planned development district
will contain approximately 29.427 acres and consist of up to 23 buildings
of multifamily housing apartments, each containing up to 10 apartment
units. This second area shall be known as "Steeplechase at Malta."
A clubhouse building shall also be allowed in this area, as generally
depicted on Appendices F(2) and F(3), with four apartments to also
be located in the clubhouse building, together with meeting rooms,
a fitness center, and a leasing/administrative office. Adjacent to
this clubhouse building will be an outdoor swimming pool. A maintenance/storage
shed may be constructed on the west side of the driveway leading to
New York State Route 9P as set forth on Appendices F(2) and F(3).
Said area is bounded and described in Appendix C. During the construction
of the apartment buildings and prior to the opening of the administrative
offices in the clubhouse, the developer will be permitted to have
a trailer in this area to be used in part as a leasing office for
the apartments.
(3)
The third area of the planned development district
will contain the remaining 141.613 acres and will be dedicated to
the Town of Malta by the developer for use as a public park to be
known as the "Malta Nature Preserve." This area is bounded and described
as set forth in Appendix F(1). The development of this park, including
but not limited to the trails, parking areas, boardwalk, bridges,
rest room facilities and safety features, shall be completed by the
developer as generally set forth in Appendix F(1) through (4). The
final design and improvements in the Malta Nature Preserve shall be
determined during site plan review. The maintenance of the Malta Nature
Preserve will be the responsibility of the owners of Steeplechase
at Malta, as set forth in Appendix D. This maintenance obligation
shall become a deed restriction and shall run with the lands of Steeplechase
at Malta. Upon satisfactory completion of the work and improvements
set forth generally in Appendix D, and finalized during site plan
review by the Town of Malta Planning Board, the developer shall convey
said Malta Nature Preserve to the Town of Malta without payment of
any consideration, and the Town shall accept said Malta Nature Preserve.
The improvements generally set forth in Appendix D, and finalized
during site plan review by the Town of Malta Planning Board shall
be completed within 24 months of the passage of this legislation,
or prior to the Town issuing a certificate of occupancy for the 23rd
apartment building. The cost of the work and improvements shall be
segregated in a separate bank account with a letter of credit being
issued to the Town of Malta to cover the cost for the work and improvements
to be made to the lands of the Malta Nature Preserve. The amount of
said letter of credit shall be determined by the Malta Building and
Planning Department in consultation with the Town's Engineer.
(4)
Plans depicting the proposed development for the above-referenced
three areas are set forth in Appendix F(1) through (4). A colorized
combined concept plan of the entire project is attached as Appendix
G.
(5)
Each potential purchaser of a house located in the
Saint Ledger Woods area shall also be notified of the existence of
the Albany/Saratoga Speedway prior to the execution of any contract
for the purchase and sale of lands. Said notice shall also be included
in each deed. Potential purchasers shall also be provided with a copy
of this legislation prior to the execution of any contract for the
purchase and sale of lands. The developer shall provide the Town of
Malta with a copy of this notification executed by the purchaser prior
to the issuance of a building permit. If a house in Saint Ledger Woods
is built on speculation, a copy of the executed notification shall
be provided to the Town of Malta prior to the issuance of a certificate
of occupancy.
(6)
The landlord/developer of the area known as Steeplechase
at Malta shall also notify any potential tenant of the existence and
location of the Albany/Saratoga Speedway.
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 F(1)
through (4).
(2)
The landlord shall be responsible for the upkeep and
maintenance of the sidewalks in the Steeplechase at Malta area. The
responsibility for the maintenance of the rest room facilities, trail
maintenance and the trash removal in the Malta Nature Preserve, as
set forth in detail in Appendix D, shall be the responsibility of
the owner/developer of Steeplechase at Malta and its successors and
assigns. This responsibility shall be reflected in the deed and shall
run with the land designated above as Steeplechase at Malta.
(3)
Pole lamps that are photo-electric-sensored cell-powered
shall be located in the front yards of each single-family residence.
(4)
The project will connect with Saratoga Water Services,
Inc., and the Saratoga County Sewer District No. 1, or any other appropriate
entity as determined by the Town of Malta. The design, construction
and maintenance of all buildings concerning the water and sewer districts,
as well as the associated landscaping regarding those utilities within
the development district will he done by the developer to assure a
compatible, aesthetically pleasing development in an atmosphere consistent
with the plans reflected in Appendix F(1) through (4). Said building(s)
housing the pump station(s) shall be constructed in substantial conformance
with the plan set forth in Appendix V. Saratoga County Sewer District
No. 1 or any other appropriate entity as determined by the Town of
Malta will be responsible for the maintenance and upkeep of any structures
constructed for their utilities, except for the private facilities
constructed in Steeplechase at Malta.
(5)
Water will be supplied by Saratoga Water Services,
Inc. The developer shall comply with all state and federal requirements
for the extension of the water service. Fire hydrants shall be installed
throughout the project by the developer pursuant to the building code
and the fire code. In addition, a dry hydrant shall be constructed
at the southwesterly corner of the large pond, as depicted on Appendix
F(3). This shall be located so as to give the Malta Ridge Volunteer
Fire Company, Inc., access to the water in the pond for use in conjunction
with the Fire Company's pumper truck for emergencies. The dry hydrant
shall not be used for training purposes. The owner of Steeplechase
shall plow the roadway to the dry hydrant.
(6)
Sanitary sewers will be provided throughout the site by connection to the Saratoga County Sewer District No. 1 or any other appropriate entity as determined by the Town of Malta. 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, or the appropriate entity as determined by the Town of Malta. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1, or other entity, all completed off-site sewer facilities at no cost to the Saratoga County Sewer District No. 1 or other appropriate entity. The sewer district shall determine what portion of these facilities are appropriate for public ownership. The developer of the PDD site, for itself and its successors and assigns, hereby agrees that, if the Town of Malta, New York, creates a municipal sewer district pursuant to Town Law Article 12 or Article 12A or otherwise, which district includes the site of the planned development district, in whole or in part, along with other areas of the Town of Malta (so that the PDD portion of the municipal sewer district does not comprise in excess of 30% of the equivalent dwelling units therein), the then owner(s) of the parcels making up "Saint Ledgers Woods" and "Steeplechase at Malta," as defined in Subsection D herein, agree that the individual owner(s) or the entity in ownership of the real property at the time said fee or charge is levied shall pay the same proportional fee, charges and capital cost as all other like, situated and/or improved real property owners within the municipally created sewer district, even though the real property with associated improvements, if any, which the individual or entity owns is connected to and paying the use charges and fees for the sanitary sewer system created by the developer. This responsibility shall run with the land. In purchasing any property within the PDD, the purchaser acquires such property encumbered by the obligation to participate in, or contribute to, any special improvement district for the provision of sewage transportation which may be established for provision of such services to any area of the Town which includes that portion of the PDD in which his or her land is located. A covenant and restriction consistent herewith, and in a form acceptable to the Town of Malta, shall be included in the chain of title to all subsequent purchasers.
[Amended 6-6-2005 by L.L. No. 6-2005]
(7)
The stormwater management plan shall be constructed
in compliance with the plans attached hereto as Appendix I.
(8)
All federal and state designated wetlands adjacent
to the Steeplechase at Malta area and the Saint Ledgers Woods area
have been flagged and delineated and shall be shown pursuant to the
plan attached hereto as Appendices F(2) and F(4). The developer shall
be required to comply with all wetland determinations and mitigation
measures as prescribed by the state and/or federal authorities. Notice
of the possibility of wetlands and the limitations of use of said
lands shall be provided in writing to prospective purchasers of single-family
residences in the Saint Ledger Woods prior to the execution of any
contract for the purchase and sale of property. Wetland delineations
shall be shown on the plot plans and shall be provided to prospective
purchasers. The developer shall note and indicate all designated wetlands
on any sales map or literature displayed or provided to potential
purchasers.
(9)
Setbacks shall be set as follows:
(a)
Single-family homes in Saint Ledgers Woods:
[1]
Front yard: 120 feet from the easterly edge
of pavement on U.S. Route 9; a minimum of 25 feet and a maximum of
50 feet from Callaghan Boulevard, except for Lots 12 and 13, which
shall have a maximum of 120 feet.
[2]
Side yards: one side: 15 feet minimum; total
side: 30 feet minimum.
[3]
Rear yard: 25 feet minimum.
[4]
There shall be no construction of any decks,
pools or other structures within these setbacks.
(b)
Multifamily units in Steeplechase at Malta:
(10)
Roadways:
(a)
The roadways in the Saint Ledger Woods shall
be constructed in conformance with the Town of Malta specifications
and requirements. Callaghan Boulevard up to its intersection with
Park Lane shall be an eighty-foot right-of-way. The medians within
Callaghan Boulevard shall be maintained by the owners of Steeplechase
at Malta and shall be 20 feet in width. The two paved portions of
the Boulevard shall each be 13 feet in width with an additional two-foot-wide
mountable curb. There shall be a ten-foot-wide grass strip and a five-foot-wide
concrete sidewalk on each side of the road. The remaining portion
of Callaghan Boulevard as it goes around Lot 22 shall consist of a
sixty-foot right-of-way. Road paving will consist of two eleven-foot-wide
driving lanes with a two-feet-wide mountable curb on each side with
a twelve-foot grass strip and five-foot-wide concrete sidewalk on
the outer aspect of the roadway. The road designated as Park Lane
shall have a fifty-foot-wide right-of-way, with a five-foot-wide concrete
sidewalk on the west side of a twenty-six-foot paved surface. These
roadways upon construction shall be offered for dedication to the
Town of Malta, New York.
(b)
The roadways in the Steeplechase at Malta area
shall be constructed in conformance with the Town of Malta pavement
section. It is not intended that the roadways in this area shall be
dedicated to the Town of Malta, New York, but shall be maintained
by the owners of the Steeplechase at Malta. The roadway shall have
at least a twenty-foot paved surface, with an additional two-foot-wide
mountable curb on each side and a five-foot-wide concrete sidewalk
along one side of the road surface.
(c)
The general public will be granted a right-of-way
for ingress and egress of vehicles, bicycles and pedestrian traffic
along the initial 150 linear feet of Steeplechase Boulevard to gain
access to the public parking area and trail shown on Appendix F(3).
(d)
The Malta Ridge Volunteer Fire Company, Inc.,
shall be granted an easement over the roads in the Steeplechase at
Malta apartment complex to gain access to the fifty-foot-by-forty-foot
gravel-surfaced turnaround and dry hydrant depicted on Appendix F(3).
(e)
Street trees shall be planted along Callaghan
Boulevard as depicted on Appendix F(4).
(11)
Landscaping in each area of the three areas
shall be completed in substantial conformance to the landscaping plans
attached hereto as Appendices F(1) thru F(4), S and T. These landscaped
areas include the Saint Ledgers Woods area, Steeplechase at Malta
area, Malta Nature Preserve, as well as the landscaping of the signs
and stormwater detention areas. The final landscaping shall be determined
during site plan review.
(12)
There shall be no construction of any apartments
within any single-family homes in this development. No garage shall
be converted into living space in this development.
(13)
There shall be at least a two-car garage for
each single-family home in Saint Ledgers Woods. The driveways for
all homes in Saint Ledgers Woods shall be no more than the width of
a two-car garage, except for a vehicle turnaround area.
(14)
If a shed is constructed, it shall comply with
all requirements of the Town of Malta but shall not be larger than
200 square feet and shall be located in the back of yards at least
five feet from the rear and five feet from the side yard. Only one
shed shall be allowed on each lot. See paragraph (20)(e) below for
further provisions regarding sheds.
(15)
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan and subdivision plan for approval by the Town Planning Board in accordance with Article VII and Chapter 143 of the Town Zoning Ordinance. No building permits shall be issued without final approval of the site plan and subdivision plan by the Town Planning Board. The square footage of the single-family homes shall not be less than 1,500 square feet of living space, and shall not be higher than 35 feet to the eaves. All other design standards shall comply with the Code of the Town of Malta.
(16)
There shall be located on the front of each
house and clearly visible from the road, in contrasting color and
in a uniform location, the designated 911 emergency house number,
at least six inches in height, prior to time 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 for each apartment building or residence.
(17)
The developer, at the developer's sole cost
and expense, shall provide the area of Collamer Heights (Collamer
Drive) and the individual lots set out in Appendix H with access to
a sanitary sewer line connected to the Saratoga County Sewer District
No. 1 or any other appropriate entity as determined by the Town of
Malta. The developer will extend stubs from the sewer line to the
edge of pavement or property line of the properties listed in Appendix
H. It shall be the property owners' responsibility and expense to
hook up their individual residences to the sanitary sewer line and
to make such improvements within their real property and homes so
as to use the sanitary sewer line as constructed. All sewer lines
and facilities shall be designed and constructed in accordance with
the standards of the Saratoga County Sewer District No. 1 or other
appropriate entity as determined by the Town of Malta. The developer
agrees to offer for dedication to the Saratoga County Sewer District
No. 1 or other appropriate entity all completed facilities at no cost
to the Saratoga County Sewer District No. 1 or other appropriate entity.
See paragraph J(d) below concerning performance bonds or letters of
credit regarding development and costs outlined in this paragraph.
This work shall be completed to the satisfaction of the Town before
the issuance of a certificate of occupancy for the sixth apartment
building.
(18)
The Town and developer agree to grant an access
and work easement to Saratoga County Sewer District No. 1 or other
appropriate entity along the gravel road through the westerly edge
of the area adjacent to Route 9 as shown on Appendix F(2).
(19)
Attached as Appendix J is an elevation of the
structure that shall make up the 23 apartment buildings. Attached
as Appendix K is an elevation of the clubhouse. Pump station building
elevation is shown as Appendix V. See Appendix J regarding the apartments.
(20)
The single-family residences in the Saint Ledgers
Woods Subdivision shall be subject to restrictive covenants which
shall be contained in the deeds from the developer and shall run with
the land. These covenants should include the following, but the final
set of covenants and restrictions shall be determined by the Town
of Malta Planning Board during site plan review:
(a)
The real property owner shall be responsible
for snow removal, maintenance, repair and replacement of the sidewalk
located in front of the property owner's real property.
(b)
There shall be no outside storage of any products
or equipment after final construction or subsequent remodeling of
the premises is completed. There shall be no storage of nonregistered
vehicles. One boat and one travel trailer/recreational vehicle may
be stored on the premises, but only behind the extended rear facade
line of the single-family residence and garage. The Malta Town Building
Department shall be empowered to enforce these provisions. Violations
shall be subject to fines of up to $100 per day for violations of
this provision.
(c)
No lot shall be further subdivided.
(d)
There shall be only one residential structure
or use on the lot.
(e)
One detached tool/utility shed shall be permitted
on the lot. The shed shall be located behind the rear facade of the
single-family home, no closer than five feet to either the side yard
or rear yard line and shall not be larger than 200 square feet. The
sheds shall be constructed of similar materials as the main residence.
The Town of Malta Building and Planning Department shall make compliance
determinations, with the residents obtaining approval from the Town
of Malta Building and Planning Department prior to the construction
of any tool/utility shed.
(f)
Each home shall have at least a two-car garage.
(g)
The subdivision is located within 0.8 of a mile
of the Albany-Saratoga Speedway, which generates noise that may be
heard in the subdivision.
F.
Signs.
(1)
There shall be three monument signs which shall be
constructed in the same style as depicted in Appendix S,[2] and located as depicted on Appendices S and T. The sign
for Saint Ledgers Woods shall also contain a sign for the Malta Nature
Preserve. The monument signs along U.S. Route 9 for Saint Ledgers
Woods and Steeplechase at Malta shall be up lit with one footcandle
power. The lighting, if any, of the sign along N.Y.S Route 9P shall
be determined at site plan review. The maintenance of all signs in
this development shall be the responsibility of the owner of Steeplechase
at Malta.
[2]
Editor's Note: Appendix S was amended 7-2-2007
by L.L. No. 12-2007. Said appendix is on file in the Town offices.
(2)
There shall be a two-foot-by-four-foot sign at the
intersection of Callaghan Boulevard and Park Lane indicating the entrance
to the Malta Nature Preserve. See Appendix S.
(3)
The maximum size of said monument signs shall be 12.5
feet long by 6.5 feet high, double sided. Signage shall be supplied
as depicted in Appendix S.
(4)
All traffic control devices, roadway signs, and all
road markings associated with the development of Saint Ledgers Woods
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.
(5)
All traffic control devices, roadway signs and all
road markings associated with the development of Steeplechase at Malta
shall be completed by the developer prior to the issuance of the certificate
of occupancy for the first apartment building and when applicable,
in conformance with the requirements of the State of New York.
G.
Building code. All buildings will be constructed in
accordance with the current building codes as adopted by the Town
of Malta, as amended. 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.
Utilities. All new utilities shall be installed underground.
I.
Uses.
(1)
Single-family residences shall only be allowed in
the Saint Ledgers Woods area.
(2)
Multifamily apartment units, a maintenance building
and a clubhouse with its associated uses shall only be allowed in
the Steeplechase at Malta area.
(3)
Parklands/trail system and associated structures and
uses shall be allowed in Malta Nature Preserve.
J.
Performance bonds or letters of credit.
(1)
The developer shall file 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 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 satisfactory completion and maintenance
for one year after completion of landscaping on the project site on
the parklands and single-family residences.
(b)
Satisfactory completion of the stormwater management
system and required infrastructure items.
(c)
The satisfactory completion of the Malta Nature
Preserve improvements shall be segregated in a separate bond or with
a separate letter of credit being issued to the Town of Malta to cover
the cost for the improvements to be made in the Malta Nature Preserve
as outlined in paragraph D(3) above.
(d)
The satisfactory completion of the installation
of the sewer lines in Collamer Heights shall be segregated in a separate
bond or with a separate letter of credit being issued to the Town
of Malta to cover the cost for the improvements to be completed as
outlined in paragraph E(17) above.
K.
Roads/right-of-way. 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 reviewed by the Town Engineers.
L.
Supporting documentation. Attached and made a part
hereof as Appendices M, N, O, P, Q, R, S, T, U, and V[3] is documentation, diagrams, and plans associated with
the planned development district as follows:
Appendix
|
Description
| |
---|---|---|
M
|
SHPO Correspondence
| |
N
|
Traffic Study by Edwards & Kelsey, November
2003, Abbreviated Data which includes "Summary of Findings and Recommendations,"
full report submitted
| |
O
|
Contract for Municipal Water Supply
| |
P
|
Saratoga Water Application, Engineer Report
| |
Q
|
Wastewater Collection, Transportation &
Disposal, Engineering Report
| |
R
|
Off-Site Sanitary Sewer Plans
| |
S
|
Depiction of Monument Signs
| |
T
|
Landscape Plans
| |
U
|
Miscellaneous Construction Details
| |
V
|
Sanitary Sewer Pump Station Rendering
| |
W
|
SEQRA determination
|
[3]
Editor's Note: Appendices are on file in Town
offices.
M.
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 W. 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.
N.
Effective date. This local law 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.
O.
Sunset provision. In the event construction does not
commence on any lands in this development within four 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.
P.
Open space/park fees. The developer shall be required
to pay a park fee in the amount of $1,000 for each single-family residence
and each apartment unit. This fee shall be due and payable at the
time a building permit for each unit is obtained.
[Adopted 6-28-2004 by Ord. No. 2-2004;
amended 2-4-2008 by L.L. No. 2-2008]
A.
This local law shall be known as "No. 2 of 2008 amending
Local Law No. 2 of 2004, revising and replacing the provisions of
Park Place Planned Development District No. 48."
B.
The Town of Malta, New York, Zoning Code 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 Districts R-1 and C-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. 48, Park Place at Malta Planned Development District, Town of
Malta."
C.
The area of the planned development district consists of 69 plus/minus
acres in the Town of Malta and is bounded and described as set forth
in Appendix A and Revised Appendix A, and Commercial Appendix A,[1] attached hereto and made a part hereof.
[Amended 7-10-2017 by L.L. No. 3-2017]
[1]
Editor's Note: Referenced appendixes are on file in the Town
offices.
D.
Development areas.
(1)
The Park Place at Malta Planned Development District
will consist of three areas. The first area shall contain an area
of approximately 21 acres and consist of 60 single-family residences,
located on the southerly portion of the property. Lot sizes in this
area will range from approximately 6,000 square feet to 18,000 square
feet. The main roadway through this area, designated as Vettura Court
on Appendix A, will be 22 feet wide and will have five-foot concrete
sidewalks along both sides. The road will be constructed pursuant
to the Town of Malta standards. There shall also be developed alleyways
for ingress and egress to the garages. Said alleyways will be 16 feet
wide. The alleyways will not be dedicated to the Town of Malta but
shall be maintained by the Park Place Homeowners' Association ("PPHOA").
(2)
The second area of the planned development district
will contain approximately 36 acres and consist of up to 27 buildings
of multifamily units. There may be two styles of buildings containing
the multifamily units. See generally Revised Appendices A and J. Each
building shall contain no more than 12 dwelling units. There shall
be a maximum of 238 multifamily units. Each dwelling unit shall be
at least 800 square feet, and no more than 2,500 square feet. Also
constructed in this area, which is located at the central and northerly
portion of the property, will be constructed a club house, together
with recreational facilities that will include a pool, a tennis court,
a basketball court, and walking trails as depicted on Appendix A,
and Revised Appendix A. The clubhouse shall be 3,600 square feet and
shall have an enclosed pool. See generally Revised Appendices A, J
and K.
[Amended 1-23-2012 by L.L. No. 2-2012]
(3)
The third area (or commercial area) of the planned development district
will contain the remaining approximately 12 acres. The approximately
1,068 linear feet of the project located along U.S. Route 9 will be
developed for commercial purposes, up to a maximum of 115,000 square
feet. No more than 80,000 square feet may be devoted to ground floor
commercial space; any additional square footage is to be second story
construction. A boulevard entrance will be developed from U.S. Route
9, as depicted in Commercial Appendix A, Appendix A, and Revised Appendixes
C(1) and C(2). In addition to such boulevard entrance, there shall
be up to three curb cuts allowed along U.S. Route 9 permitting direct
access to the commercial area of the planned development district.
See generally Commercial Appendix A. A landscaping plan and lighting
plan shall be submitted to the Planning Board with any future site
plan application(s), and such landscaping and lighting for the third
area, or any portion thereof, shall be determined during site plan
review.
[Amended 7-10-2017 by L.L. No. 3-2017]
(4)
Each potential purchaser of lands located in this
development shall be furnished with a copy of this legislation. Potential
purchasers and builders shall also be notified of the existence of
the Luther Forest Technology Campus, prior to the execution of any
contract for the development or purchase and sale of lands. This notification
shall be approved by an attorney on behalf of the Town of Malta before
it is presented to potential purchasers. In addition, this notification
shall also be posted in all sales offices concerning this project.
The developer shall provide the Town of Malta with a copy of the notification
signed by potential purchasers acknowledging receipt of a copy of
this legislation, as well as knowledge of the proposed Luther Forest
Technology Campus, prior to the issuance of a building permit. If
a house or dwelling unit is built on speculation, a copy of the notification
shall be provided to the Town of Malta prior to the issuance of a
certificate of occupancy. The landlord shall also notify any potential
tenant of the existence and location of the proposed Luther Forest
Technology Campus. These notification provisions may be altered or
amended by resolution of the Town Board of the Town of Malta.
[Amended 2-2-2009 by Res. No. 74-2009; 1-23-2012 by L.L. No.
2-2012]
E.
Development requirements and construction specifications;
site plan; certificate of occupancy.
(1)
The developer shall construct the project in substantial conformance
with the approved plans annexed hereto as Appendix A and Revised Appendix
A, with the exception of the third area of the development which shall
use Commercial Appendix A as a guide by the Town Planning Board during
site plan approval.
[Amended 7-10-2017 by L.L. No. 3-2017]
(2)
The developer shall provide five-foot concrete sidewalks along both
sides of the roadways in the areas where single-family houses and
multifamily buildings are located, and on one side of the roadway
in other locations, as set forth in the plans attached hereto as Appendix
A and Revised Appendix A.[2] There shall also be mountable concrete curbs placed throughout
the development along roadways intended for public dedication, and
there shall be concrete curbs along all other roadways intended as
private roads within the project, except along the alleyways in the
single-family area. It shall be the responsibility of the PPHOA to
provide snow removal, upkeep, and maintenance of the single-family
alleyways, roadways in the multifamily area and street trees along
the roadways throughout the project. The PPHOA will also be responsible
for the maintenance of the trail system throughout the project, the
tot lots and other noncommercial green or undeveloped areas, including,
but not limited to, the green areas in the roadway of Vettura Court
as depicted on Appendix A and Revised Appendix A. Unless in common
ownership, the landlord(s)/owner(s) of the commercial establishments
shall form a commercial landowner's association (CLOA) that will be
responsible for the upkeep and maintenance, in the commercial areas,
of the sidewalks, parking lots, landscaping, and streetlighting along
Landau Boulevard, as depicted on Commercial Appendix A and Appendix
C(2); the public amenity space, as depicted on Commercial Appendix
A; and the street trees along U.S. Route 9, as depicted on Appendix
C(2). In the event such commercial establishments within the commercial
areas are separately owned and no such CLOA is formed as provided
herein, each separate owner shall be responsible for the maintenance
obligations provided herein as it relates to such separate owner's
individual lot, and all such owners of the commercial areas shall
be jointly responsible for the maintenance obligations as it relates
to the public amenity space located within the island at the center
of Landau Boulevard.
[Amended 1-23-2012 by L.L. No. 2-2012; 7-10-2017 by L.L. No. 3-2017]
[2]
Editor's Note: Referenced appendixes are on file in the Town
offices.
(3)
Pole lamps that are photoelectric-sensored-cell powered
shall be located in the front yards of each single-family residence.
(4)
The project will connect with Saratoga Water Services,
Inc., and the Saratoga County Sewer District No. 1 or any other appropriate
entity. The design, construction and maintenance of all buildings
concealing the water and sewer districts, as well as the associated
landscaping regarding those utilities within the development district,
will be done by the developer to assure a compatible, aesthetically
pleasing development as determined during site plan review. Said building(s)
housing the pump station(s) shall be constructed in substantial conformance
with the plan set forth in Appendix M. Saratoga County Sewer District
No. 1 or any other appropriate entity will be responsible for the
maintenance and upkeep of any structures constructed for their utilities.
(5)
Water will be supplied by Saratoga Water Services,
Inc. 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 fire code. The multifamily and commercial
units will be equipped with sprinkler systems. There shall also be
installed in the commercial units a Knox Box system.
(6)
Sanitary sewers will be provided throughout the site
by connection to the Saratoga County Sewer District No. 1 or any other
appropriate entity. 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 or any other appropriate entity.
The developer agrees to offer for dedication to the Saratoga County
Sewer District No. 1 or any other appropriate entity all completed
off-site sewer facilities at no cost to the Saratoga County Sewer
District No. 1 or any other appropriate entity. The sewer district
shall determine what portion of these facilities are appropriate for
public ownership.
(7)
A final stormwater management report plan shall be
submitted for review and approval by the Town during site plan review.
A New York State 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
prior to the commencement of any construction or clearing of the land.
See generally Appendix G.
(8)
All federal- and state-designated wetlands have been
flagged and delineated and shall be shown pursuant to the plan attached
hereto as Appendix N. The developer shall be required to comply with
all wetland determinations and mitigation measures as prescribed by
the state and/or federal authorities. Wetland delineations shall be
shown on the plot plans and shall be provided to prospective purchasers.
The developer shall note and indicate all designated wetlands on any
sales map or literature displayed or provided to potential purchasers.
(9)
Setbacks shall be set as follows:
(a)
Single-family homes. There shall be no construction of any decks, pools or other structures within these setbacks, except for sheds as provided for herein in Subsection E(15). See generally Appendix B.
[Amended 7-10-2017 by L.L. No. 3-2017]
(b)
Multifamily buildings.
[Amended 4-4-2011 by L.L. No. 4-2011]
[1]
Multifamily buildings shall be located on individual
lots, with one building per lot. Buildings shall be set back from
the lot lines as depicted on the Subdivision Map set forth at Appendix
P. The foregoing notwithstanding, the following setbacks shall continue
to apply:
[2]
There shall be no construction of any decks,
pools or other structures (including sheds) within these setbacks.
Also, no garage may be converted into living space.
(c)
Commercial buildings.
[1]
Front yard: 30 feet minimum and 50 feet maximum.
[2]
Side and rear setbacks shall generally follow, as a guideline, the GC-3 District requirements, as found in Section 3.13 of the Downtown Malta Form-Based Code, adopted by the Town of Malta on February 4, 2013, as amended. These standards may be modified during site plan review if, in the opinion of the Planning Board, modification is warranted.
[Amended 7-10-2017 by L.L. No. 3-2017]
(10)
The roadways in the single-family housing area shall be 22 feet
wide, and the alleyways shall be 16 feet wide. The roadways in the
multifamily condominium community will be 24 feet wide. The single-family
residential roadway, Vettura Court, the north-south cross access roads,
Phaeton Lane and Stonebreak Road West, and the commercial boulevard,
Landau Boulevard, shall be constructed in conformance with the Town
of Malta specifications and requirements in anticipation of dedication
to the Town of Malta. Reserved to the Town is an easement at both
the north and south borders of Phaeton Lane for purposes of road realignment
in the future. Said reservations are depicted and noted on Appendix
A and Revised Appendix A.[3]
[Amended 1-23-2012 by L.L. No. 2-2012; 7-10-2017 by L.L. No. 3-2017]
[3]
Editor's Note: Referenced appendixes are on file in the Town
offices.
(11)
Landau Boulevard.
[Added 7-10-2017 by L.L.
No. 3-2017[4]]
(a)
If the Town of Malta acquires fee title to Landau Boulevard,
the owner(s) of the third area of the development shall perform the
following work (the "work") on Landau Boulevard:
[1]
Increase the width of the entrances to Landau Boulevard
from State Route 9 and Phaeton Lane;
[2]
Decrease the width and length of the center island
of Landau Boulevard (the "island");
[3]
Replace the existing curb cuts to the island with
mountable curb cuts; and
[4]
Replace the grass and landscaping located on the
interior of the island with decorative hardscape and other landscaping
features.
(b)
The work shall coincide with the construction in the third area
of the development.
(c)
During the months of November to April, parking along Landau
Boulevard will be restricted during any snow event for the purpose
of allowing Town highway crews to plow snow during the evening hours.
[4]
Editor's Note: This ordinance also redesignated former Subsection
E(11) through (19) as Subsection E(12) through (20), respectively.
(12)
Landscaping shall be completed in conformance
with the typical lot landscaping package for single-family residences,
as well as for the multifamily development and commercial areas as
attached hereto as Appendix C(4) and Appendix B. The landscaping in
the island along Landau Boulevard shall be installed and maintained
during the first phase of construction and completed no later than
at the time of the issuance of the first certificate of occupancy
for any building within the project. See generally Appendix C(1).
The final landscaping designs and requirements shall be determined
during site plan review. See generally Appendix C(2). The CLOA and/or
owner(s) of the commercial area shall be responsible for the maintenance
and upkeep of any landscaping along U.S. Route 9 during the various
construction phases, as approved and required by the Town of Malta.
[Amended 7-10-2017 by L.L. No. 3-2017]
(13)
There shall be no construction of any apartments
within any single-family home. Apartments are permitted in the multifamily
buildings. No garage shall be converted into living space in either
the single-family homes or the multifamily units.
[Amended 1-23-2012 by L.L. No. 2-2012]
(14)
There shall be at least a two-car garage for
each single-family home. Other than those single-family homes located
adjacent to the cul-de-sac at the end of the Vettura Court, all driveways
for all homes shall be located off the alleyways and shall not be
more than the width of a two-car garage. Subject to site plan review,
there shall also be permitted up to 200 square feet of parking on
the residential lots adjacent to the driveways. These parking areas
shall be constructed of permeable pavement.
(15)
If a shed is constructed in the single-family
development area, it shall comply with all requirements of the Town
of Malta, but shall not be larger than 100 square feet, and shall
be located in the backs of yards, at least five feet from the rear
and five feet from the side yard. Only one shed shall be allowed on
each lot. Sheds shall only be allowed in the single-family home area,
and shall be constructed of materials similar to the main residence.
The Town of Malta Building and Planning Department shall make compliance
determinations. Residents must obtain approval from the Town of Malta
Building and Planning Department prior to the construction of any
shed in the single-family home area.
(16)
There shall be no construction on Sundays.
(17)
All utilities shall be underground. All utility
boxes, air-conditioning units and other utilities' structures shall
be located towards the rear half of the single-family houses and shall
be screened as determined during site plan review. An electrical utility
easement shall be located along the southern alleyway adjacent to
the single-family homes and shall be constructed in substantial conformance
to Appendix P. In addition, there will also be utilities located underground
in the northern alleyway as depicted on Appendix P.
(18)
Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan and subdivision plan for approval by the Town Planning Board in accordance with Chapter 143 and Article VII of the Town Zoning Code. No building permits shall be issued without final approval of the site plan and subdivision plan by the Town Planning Board. Said site plan shall be in conformance with the proposed designs attached hereto as Appendix A and Revised Appendix A, with the exception of the third area of the development which shall use Commercial Appendix A as a guide for site plan approval by the Town Planning Board. Said site plan shall be in conformance with the proposed designs attached hereto as Appendix A and Revised Appendix A. Before the issuance of any building permits, all structures currently located on the project lands, except for the building on the southeast corner, shall be removed. The square footage of the single-family homes shall be not less than 1,600 square feet and not more than 3,200 square feet of living space, and shall be not higher than 30 feet to the eave. The height of the multifamily buildings that do not have individual driveways shall not exceed 54 feet (excluding chimneys), as defined in the Town of Malta Zoning Code under the definition of “building height.” The height of the multifamily buildings that do have individual driveways shall not exceed 30 feet to the eave. All other design standards shall comply with the Code of the Town of Malta. The materials used shall be those set forth in Appendix F. With respect to the authority of the Planning Board to grant final site plan and subdivision approval, the Planning Board is authorized to grant final subdivision approval to subdivide Lot No. 61 into 28 lots, with one lot being created for the community lands which include the clubhouse, recreational facilities, pool, tennis court, basketball court and walking trails, and the remaining 27 lots being created for the 27 multifamily buildings to be constructed within the PDD so that each multifamily building will be built on a separate lot, all in accord with the proposed subdivision maps entitled Park Place at Malta Lot 61 Subdivision Plan Condominium and Common Areas, prepared by WSP Sells and annexed hereto as Appendix P.
[Amended by 4-4-2011 by L.L. No. 4-2011; 1-23-2012 by L.L. No.
2-2012; 7-10-2017 by L.L. No. 3-2017]
(19)
There shall be located on the front of each
house, multifamily residential unit and commercial property, clearly
visible from the road, in contrasting color and in a uniform location,
the designated 911 emergency house number, at least six inches in
height and one inch in width, 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. Mailboxes for the single-family residences
shall be uniform in design, and the developer shall cluster the mailboxes
wherever possible. Mailboxes for the multifamily buildings shall be
located in the clubhouse.
[Amended 1-23-2012 by L.L. No. 2-2012]
(20)
The clubhouse, as depicted on Revised Appendix
A and Appendixes A, C(3) and K, shall be completed before the Town
shall issue a building permit for the 11th single-family home or the
13th multifamily dwelling unit.
[Amended 1-23-2012 by L.L. No. 2-2012]
(21)
Parking for the third area of the development shall be determined
during site plan review.
[Added 7-10-2017 by L.L.
No. 3-2017]
(22)
Architectural standards for the third area of the development shall generally follow, as a guideline, the GC-3 District requirements, as found in Section 3.13 of the Downtown Malta Form-Based Code, adopted by the Town of Malta on February 4, 2013, as amended and as set forth generally in Revised Appendix I. These standards may be modified during site plan review if, in the opinion of the Planning Board, modification is warranted.
[Added 7-10-2017 by L.L.
No. 3-2017]
F.
Signs.
(1)
There shall be one monument-type sign uplit with one footcandle power,
on each side of Landau Boulevard, and up to five directional (Type
B) signs. See Appendix D.[5] The location and design of the signs shall be subject
to site plan review. The maintenance of all signs in the development
shall be the responsibility of the owner of the lot on which such
sign is located. The landscaping surrounding said signs shall be determined
at site plan review.
[Amended 7-10-2017 by L.L. No. 3-2017]
[5]
Editor's Note: Referenced appendixes are on file in the Town
offices.
(2)
The maximum size of said monument signs (Type A) shall
be 40 square feet. See Appendix D for particulars concerning other
signs.
(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.
(4)
Signage for the third area of the development shall generally follow, as a guideline, the GC-3 District requirements, as found in Section 5.3 of the Downtown Malta Form-Based Code, adopted by the Town of Malta on February 4, 2013, as amended (Commercial Appendix D). These standards may be modified during site plan review if, in the opinion of the Planning Board, modification is warranted.
[Added 7-10-2017 by L.L.
No. 3-2017]
G.
Building code. All buildings will be constructed in
accordance with the current building codes as adopted by the Town
of Malta. 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.
Parkland development and maintenance.
[Amended 7-10-2017 by L.L. No. 3-2017]
(1)
The developer shall be responsible for the development of the parklands,
trails, and central park area, as depicted on Revised Appendix A and
Appendixes A, C(1), C(2), C(3) and C(4). The upkeep and maintenance
of these areas shall be the responsibility of the PPHOA. The owner(s)
of the third area of development shall be responsible for the development,
upkeep and maintenance of the public amenity space located within
the island at the center of Landau Boulevard, as depicted on Commercial
Appendix A. The island will be improved by the owner(s) of the third
area of development with decorative hardscape and decorative plantings
to promote a passive park-like atmosphere. The time frame for development
of these items and specific materials, layout, and landscaping shall
be submitted to the Town Board for review and approval.
(2)
The developer(s) of the residential areas shall pay to the Town of
Malta an open space and recreation fee of $1,000 per residential housing
unit. Said sums shall be due and payable at the time a building permit
is obtained. The costs incurred by the owner(s) of the commercial
areas relating to any reconfiguration of Landau Boulevard and the
construction and/or installation of the public amenity space located
within the island at the center of Landau Boulevard shall be credited
against any SEQRA mitigation fees otherwise due.
I.
Storage. No outside storage of any products or equipment
shall be permitted on the subject premises after final construction
is completed for all buildings. There shall be no outside storage
of any boats, campers, trailers, or motorized vehicles (other than
registered personal motor vehicles) on the premises. No outside repair
of mechanical or motorized vehicles shall be permitted. The Malta
Town Building and Planning Department or the PPHOA shall be empowered
to enforce these provisions. Violators shall be subject to fines of
up to $100 per day for violations of this provision.
J.
Uses. The following uses shall be permitted as designated on Revised
Appendix A and Commercial Appendix A:
[Amended 1-23-2012 by L.L. No. 2-2012; 7-10-2017 by L.L. No. 3-2017]
(1)
Single-family residences.
(2)
Multifamily buildings: two designs.
(3)
The third area of the planned development district shall be permitted
the following uses, provided no individual use exceeds 30,000 square
feet in gross building area:
(a)
Animal hospital.
(b)
Automatic laundry/laundromat.
(c)
Bank.
(d)
Business office.
(e)
Convenience store - no gas.
(f)
Day care.
(g)
Drive-through service establishment.
(h)
Drugstore.
(i)
Fitness center.
(j)
Grocery store.
(k)
Medical center.
(l)
Personal service shop.
(m)
Professional office.
(n)
Recreation facility.
(o)
Restaurant.
(p)
Restaurant, fast food.
(q)
Retail business.
(4)
In the event any individual use shall exceed 30,000 square feet
in gross building area, as provided in this section, such exceedance
shall require an area variance.
K.
Performance bonds or letters of credit. 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 Supervisors,
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:
(1)
The satisfactory completion and maintenance for one
year after completion of landscaping on the project site on the PPHOA
and the CLOA lands; and/or
(2)
Satisfactory completion of the stormwater management
system and required infrastructure items and other items identified
by the Planning Board during site plan review.
L.
Roads/rights-of-way. 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 reviewed by the Town Engineers.
N.
Sunset rovision. 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.
[Adopted 5-1-2006 by L.L. No. 6-2006]
A.
This local law shall be known as "No. 6 of 2006" and amends the Town of Malta Zoning Law (Chapter 167) to provide for the creation of a Planned Development District No. 49, Fillpoint Planned Development District, Town of Malta.
B.
The Town of Malta, New York, Zoning Law 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 C-2 Commercial Zone 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. 49, Fillpoint Planned Development District, Town of Malta."
C.
The area of the planned development district will
consist of 3.24 plus/minus acres in the Town of Malta and is bounded
and described as set forth in Appendix A. All appendixes referenced
in this document are on file in the Office of the Malta Town Clerk.
D.
Development area.
(1)
The Fillpoint Planned Development District will consist
of approximately 3.24 acres of land located adjacent and south of
Knabner Road in the Town of Malta. There shall be constructed thereon
a warehouse and office not to exceed a 30,000 square foot footprint.
This building may also be utilized as a professional office, museum,
municipal building or any other use allowed in the C-2 Route 9 South
of Downtown district, as such is amended from time to time.
(2)
The developer shall construct to the Town of Malta's
specifications a linkage road and sidewalk, as depicted on Appendixes
B, C and G. This shall be completed before the certificate of occupancy
is issued. The road shall be dedicated to the Town of Malta at no
cost upon the request of the Town.
(3)
Plans depicting the proposed development for the above
referenced area are set forth in Appendixes B through I, and as amended
by Appendix M, which depicts an additional seven parking spaces and
modified the green space to 52.8% of the parcel.
[Amended 8-6-2007 by L.L. No. 14-2007]
(4)
The developer shall cause to be placed in the chain
of title notice regarding the Luther Forest Technology Campus PDD.
(5)
The building shall be constructed in substantial conformance
to the architectural rendering set forth in Appendix J.
E.
Development requirements and constructions specifications;
site plan; certificate of occupancy.
(1)
The developer shall construct the project in substantial
conformance with the approved plan, Appendixes B through I.
(2)
The project will connect with Saratoga Water Services,
Inc. and the Saratoga County Sewer District #1, or any other appropriate
entity as determined by the Town of Malta.
(3)
Water will be supplied by Saratoga Water Services,
Inc. The developer shall comply with all state and federal requirements
for the extension of the water service. The building shall be equipped
with a sprinkler system. A Knox box access system shall be installed
for the Fire Department. Hydrants shall be located on the property
in consultation with the Round Lake Hose Company.
(4)
Sanitary sewers will be provided to the building on
the site by connection to the Saratoga County Sewer District No. 1
or any other appropriate entity as determined by the Town of Malta.
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, or other appropriate entity as determined by
the Town of Malta. The developer agrees to offer for dedication to
the Saratoga County Sewer District No. 1, or other appropriate entity,
all completed off-site sewer facilities at no cost to the Saratoga
County Sewer District No. 1 or other appropriate entity. The sewer
district shall determine what portion of these facilities are appropriate
for public ownership.
(5)
The stormwater management plan shall be constructed
in compliance with the plans set forth in Appendixes D and E.
(6)
Setbacks shall be set as follows:
(a)
From the northern boundary: 50 feet.
(b)
From the eastern boundary: 35 feet.
(c)
From the southern boundary: 40 feet.
(d)
From the western boundary: 40 feet.
(e)
In addition, within the western boundary setback,
a twenty-foot "no cut" zone shall be delineated and flagged prior
to clearing of the lot.
(7)
The linkage road as set forth on the plans shall be
constructed in conformance with the Town of Malta specifications and
requirements. This road, subsequent to construction, upon written
request of the Town of Malta shall be transferred and dedicated to
the Town of Malta, New York. In addition, the developer agrees to
install, at its expense, a five-foot concrete sidewalk within the
southern right-of-way of Knabner Road from a point adjacent to the
northwest corner of the property to the westerly right-of-way boundary
of U.S. Route 9.
(8)
Landscaping shall be completed in substantial conformance
to the landscaping plans set forth in Appendix F. The final landscaping
shall be determined during site plan review.
(9)
Prior to the issuance of building permits for the
building within this district, the owner shall submit a site plan
for approval by the Town Planning Board. No building permits shall
be issued without final approval of the site plan by the Town Planning
Board. All other design standards shall comply with the Code of the
Town of Malta. In the event this PDD legislation does not specifically
address a particular issue, then the provisions of the Code of the
Town of Malta shall apply.
(10)
The developer shall provide the Town with an
"as-built foundation location" survey with its application for a certificate
of occupancy.
(a)
There shall be no outside storage of any products
or equipment after final construction or subsequent remodeling of
the premises is completed. There shall be no storage of unregistered
vehicles. The Malta Town Building Department shall be empowered to
enforce these provisions. Violations shall be subject to fines of
up to $100 per day for violations of this provision.
(b)
The lot shall not be further subdivided.
(11)
The maximum building height shall be 40 feet.
F.
Signs. There shall be a sign which shall be constructed
in the same style as depicted in the appendixes. In addition, the
developer shall provide a sign concerning the linkage road as deemed
appropriate by the Town. The final size and location of the signs
shall be subject to site plan review and shall be consistent with
the sign standards set forth in the Code of the Town of Malta.
G.
Building code. All buildings will be constructed in
accordance with the current building codes as adopted by the Town
of Malta, as amended. 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.
Utilities. All new utilities shall be installed underground.
J.
Performance bonds or letters of credit. The developer
shall file 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 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:
K.
Roads/rights-of-way. 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 reviewed by the Town Engineers.
L.
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, Appendix L. 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.
M.
Effective date. This local law shall take effect 10
days after filing with the NYS Secretary of State.
N.
Sunset provision. In the event construction does not
commence on any lands in this development within four 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.
O.
Park, open space, GEIS preparation and traffic fees.
(1)
The developer shall be required to pay a park fee
in the amount of $89 per square foot of building constructed. This
fee shall be due and payable at the time a building permit is obtained.
(2)
The developer shall be required to pay an open space
fee in the amount of $861 per acre of disturbed land.
(3)
The developer shall be required to pay a GEIS preparation
fee in the amount of $67 per trip.
P.
Severability clause. 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 11-8-2007 by L.L. No. 19-2007]
A.
This local law shall be known as "No. 19 of 2007"
and amends the Town of Malta Zoning Code to provide for the creation
of a Planned Development District No. 50, OuterZone Family Entertainment
Center 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-4 Commercial Route 9 North, 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. 50, OuterZone Family Entertainment
Center Planned Development District, Town of Malta."
C.
The area of the planned development district consists
of 7.95 plus/minus acres in the Town of Malta and is bounded and described
as set forth in Appendix D[1] attached hereto and made part hereof. All appendices referenced
in this document are attached hereto and made a part hereof.
[1]
Editor's Note: Referenced appendixes are on
file in the Town offices.
D.
The zoning for this area shall be amended as provided
herein. In any and all respects not otherwise provided for herein,
if the provisions of the PDD are silent concerning items regulated
by the Town Code of the Town of Malta, as such is amended from time
to time, that Code shall apply.
E.
Development proposal. The OuterZone Family Entertainment Center Planned Development District will contain one building of up to 63,000 square feet of total building area to be used for an indoor laser tag, indoor go-karts, indoor rock climbing and indoor miniature golf, dance areas with bandstand, meeting and party rooms, facilities for food and prizes and other uses determined by the Town of Malta that are consistent with the family entertainment uses proposed herein. Such other uses shall be reviewed by the Town of Malta Planning Board, and such other uses are subject to review and approval as a special use permit, as provided for in the Town of Malta Code, § 167-38.1. The building, roads and other paved surfaces, other than sidewalks, in the proposed development district will cover not more than 42.26% of the site, and the remaining area, to wit, not less than 22.14% 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 "Site Plan- OuterZone Family Entertainment Center," prepared by Northeast Land Survey and Land Development Consultants P.C. dated May 1, 2007, last revised July 19, 2007 (Appendix A). The planned development district will have up to 159 parking spaces as shown on the annexed Appendix A. The project will connect with Saratoga Water Services, Inc., and the Saratoga County Sewer District No. 1, or any other appropriate entity as determined by the Town of Malta. Calculation of green space excludes steep slopes and wetlands.
F.
Development requirements and construction specifications;
site plan; certificate of occupancy.
(1)
The owner shall construct the project in substantial
conformance with the plan, annexed hereto (Appendix A), subject to
site plan review by the Town of Malta Planning Board.
(2)
The allowed uses shall be as follows: indoor laser tag, indoor go-karts, indoor rock climbing and indoor miniature golf, dance areas with bandstand, meeting and party rooms, facilities for food and prizes and other uses determined by the Town of Malta that are consistent with the family entertainment uses proposed herein. Such other uses shall be reviewed by the Town of Malta Planning Board, and such other uses are subject to review and approval as a special use permit, as provided for in the Town of Malta Code, § 167-38.1.
(3)
Notwithstanding the above, the owner 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 and/or enclosed.
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.
(4)
The go-karts shall utilize 4.5 to 9.0 horsepower engines
and shall be fueled using gasoline which shall be stored on the site
and away from the building as depicted on Appendix A. The owner, if
available, shall provide for a percentage of the go-karts to be handicapped
accessible. The exact percentage of handicapped go-karts shall be
determined during site plan review. In addition, the fuel storage
shall be subject to all local, state and federal requirements, as
such are amended from time to time. The specific container(s) shall
be determined at site plan review, but shall be generally similar
to Appendices F-H. The project owner shall also comply with the NFPA
and other local, state and federal requirements concerning air quality
and chemical bulk storage.
(5)
The entire project shall consist of one building not
to exceed a total of 63,000 square feet. The maximum building height
of the building shall be up to 40 feet. The owner 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.
(6)
Prior to the issuance of building permits for the
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. No building permits shall be issued
without final approval of the site plan by the Town Planning Board.
(8)
During site plan review, the banking of some of the
proposed 159 parking spaces shall be explored.
(9)
Sidewalks and all paved areas within the project will
be maintained by the owner or its designee. The path along the west
side of the property shall run to the property lines, as generally
depicted on Appendix A. The developer shall act in good faith with
the NYS Department of Transportation to locate the path just behind
the guiderails. In the event said path cannot be located along the
west side of the property, a payment in lieu of said connection shall
be negotiated between the developer and the Town of Malta Town Board.
G.
All traffic control signs required for this project
and all road markings associated with the project shall be completed
by the owner prior to the issuance of any certificate of occupancy
concerning this project.
H.
The sign(s) which are hereby approved for the project
shall be two building signs no larger than 120 square feet each. All
other aspects of the signs will be substantially in conformance with
the Town's Sign Code. There shall be no monument signs allowed. No
flags shall be displayed on the building.
I.
The building to be constructed in the planned development
district shall be substantially in accordance with the architectural
drawings appended as Appendix B including the list of building materials
to be used on the building as outlined on the said Appendix I.
J.
The project will connect with Saratoga Water Services,
Inc. or any other appropriate entity as determined by the Town of
Malta. The owner shall comply with all state and federal requirements
for the extension of the water service. Fire hydrants shall be installed
as required by all building and fire codes. The building shall have
a sprinkler system and a Knox-Box.
K.
The project will connect with the Saratoga County
Sewer District No. 1, or any other appropriate entity as determined
by the Town of Malta. Saratoga County Sewer District No. 1 or any
other appropriate entity as determined by the Town of Malta will be
responsible for the maintenance and upkeep of any structures constructed
for their utilities. The owner, 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, or the appropriate entity as determined by the
Town of Malta. The owner agrees to offer for dedication to the Saratoga
County Sewer District No. 1, or other entity, all completed off-site
sewer facilities at no cost to the Saratoga County Sewer District
No. 1 or other appropriate entity. The sewer district shall determine
what portion of these facilities are appropriate for public ownership.
The owner of the planned development district site, for itself and
its successors and assigns, hereby agrees that, if the Town of Malta,
New York, creates a municipal sewer district pursuant to Town Law
Article 12 or Article l2A or otherwise, which district includes the
site of the planned development district, in whole or in part, along
with other areas of the Town of Malta, then owner(s) agree that the
owner(s) or the entity in ownership of the real property at the time
said fee or charge is levied shall pay the same proportional fee,
charges and capital cost as all other like, situated and/or improved
real property owners within the municipally created sewer district,
even though the real property with associated improvements, if any,
which the individual or entity owns is connected to and paying the
use charges and fees for the sanitary sewer system created by the
owner. This responsibility shall run with the land. In purchasing
any property within the planned development district, the purchaser
acquires such property encumbered by the obligation to participate
in, or contribute to, any special improvement district for the provision
of sewage transportation which may be established for provision of
such services to any area of the Town which includes that portion
of the planned development district in which his or her land is located.
A covenant and restriction consistent herewith, and in a form acceptable
to the Town of Malta, shall be included in the chain of title to all
subsequent purchasers.
L.
The stormwater management plan shall be constructed
in general compliance with the plans attached hereto as Appendix C.
Final design of the stormwater management plan and erosion sedimentation
control plan will be required for site plan review.
M.
All federal and state designated wetlands located
within the planned development district have been flagged and delineated
and are shown pursuant to the plan attached hereto as Appendix A.
The owner shall be required to comply with all wetland determinations
and mitigation measures as prescribed by the state and/or federal
authorities.
N.
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.
O.
All utilities shall be installed underground.
P.
The location of fuel storage is generally shown on
Appendix A and further generally described in Appendices F and G.
Q.
Performance bonds or letters of credit.
(1)
The owner 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.
(2)
The Planning Board shall determine the time at which
the owner shall file such bonds.
R.
All roads, drainage easements and related rights-of-way
shall be constructed and/or located by the owner in accordance with
the site plan as approved by the Town Planning Board, and shall be
approved by the Town Engineers.
S.
The Malta Town Board, as lead agency for this project
pursuant to the State Environmental Quality Review Act, finds that
this project is in compliance with the Town-wide GEIS. The owner agrees
to pay all applicable fees as set forth in the GEIS. No certificate
of occupancy will be issued until all appropriate fees are paid.
T.
Sunset provision. In the event construction does not
commence on any lands in this development within four 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.
U.
Supporting documentation attached as appendices:
Appendix A: Site Plan
| |
Appendix B: Architectural Renderings
| |
Appendix C: Project Narrative
| |
Appendix D: Planned Development District Description
| |
Appendix E: Environmental Fuel Storage Regulations
| |
Appendix F: Portable Fuel Storage Tank Details
| |
Appendix G: Steel Gas Caddy Details
| |
Appendix H: Used Oil Storage Container Details
| |
Appendix I: Proposed Building Materials
| |
Appendix J: SEQRA Negative Declaration Determination
| |
Appendix K: Traffic Impact Study
|
[1]
Editor's Note: Former § 167A-57, Three Silos Planned
Development District, adopted 11-8-2007 by L.L. No. 20-2007, as amended,
was repealed 6-1-2020 by L.L. No. 3-2020.
[Added 7-6-2009 by L.L. No. 6-2009]
A.
Short title and general provisions.
(1)
This local law shall be known as "No. 6 of 2009 of the Town
of Malta" or "Saratoga Medical Park at Malta Planned Development District"
(hereinafter the "District" or the "PDD").
(2)
The Zoning Code of the Town of Malta as adopted January 3, 1989, codified by Local Law No. 2 of 1995, 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 zoning R-5 Agricultural Residential District and establishing the aforesaid District, which District is designed to contain a medical campus with a combination of medical services, medical professional office space, nursing home services, assisted living services, health care and fitness uses, retail uses supporting the primary medical uses, and a hospital, with such uses as set forth below in Subsection B, Definitions.
(3)
The area of the District consists of 139 +/- acres in the Town
of Malta and is identified by the metes and bounds description set
forth herein.[1]
[1]
Editor's Note: The metes and bounds description included as
a footnote to this subsection is set forth in a complete copy of L.L.
No. 6-2009 on file in the Town offices.
(4)
All land uses, development, construction and operation of the
facilities within the District shall be conducted in accordance with:
(a)
This legislation;
(b)
The environmental thresholds and conditions contained in this
legislation;
(c)
The Town-wide GEIS and the June 5, 2006, Statement of Findings
of the Town-wide GEIS;
(d)
The Supplemental Final Generic Environmental Impact Statement
of Findings dated July 6, 2009;
(e)
The Environmental Assessment Report dated November 18, 2014; and
(f)
The uses and site plans approved by the Town Board and the Planning
Board.
(5)
In any instances where specific permitted uses, area or height
standards, development guidelines and/or review procedures specifically
set forth in this PDD, as the same are specifically applicable to
the District, conflict with other general provisions or requirements
of the Town of Malta Zoning Ordinance, the particular provisions set
forth herein shall take precedence. In all instances not specifically
addressed in this PDD, the Code of the Town of Malta, as may be amended
from time to time, shall apply.
(6)
Where a single property is leased to more than one tenant, other
than in a single structure, the lease line shall be considered as
a lot line for the purpose of determining minimum requirements, and
that leased portion of the lot shall conform to all of the space,
bulk, setback and parking requirements in the applicable zone.
B.
AGRICULTURAL/CROP MANAGEMENT
AMBULATORY CARE CENTER
ANIMAL HUSBANDRY/CARETAKING
ANIMAL THERAPY (INDOOR/OUTDOOR)
ASSISTED LIVING
CAFETERIA
CALLS
DAY-CARE FACILITIES
EMERGENCY MEDICAL SERVICES CENTER
ENTRANCE/GATEWAY
FITNESS CENTER
FLORIST
FOOD SERVICE PROVIDER
GATHERING/SITTING AREAS
HOSPITAL
INDEPENDENT LIVING UNITS
MAILING CENTER
MED-EVAC HELIPORT
MEDICAL CENTER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
MEDICAL EQUIPMENT SALES
MEDICAL LIBRARY
MEDICAL PROFESSIONAL OFFICE
MEDICAL OR DENTAL CLINIC
MEDICAL RESOURCE CENTER
MEDICAL STAFF TRAINING AND EDUCATION CENTER
MEDICAL TREATMENTS
NURSING OR CONVALESCENT HOME
OPEN SPACE
OUTPATIENT SERVICES
PARKING GARAGE, PUBLIC
PHARMACY
PHASE
PHYSICAL THERAPY
PUBLIC AND PRIVATE RECREATION FACILITIES
PUBLIC TRANSPORTATION STOPS
PUBLIC UTILITY
RECREATIONAL/NATURE/EXERCISE TRAILS
RETAIL
SENIOR HOUSING
SHORT-TERM PATIENT FAMILY ACCOMMODATIONS
STABLES AND EQUESTRIAN USES
Definitions. Where terms are defined in this PDD and are also defined
in the Town Code of the Town of Malta, the definition contained herein
shall apply to this PDD. In the event a term in this PDD is not defined
below, but is defined in the Town Code of the Town of Malta, then
that Town Code definition shall apply. Furthermore, it is the intent
of this PDD to incorporate by reference the laws and rules of the
State of New York that license, regulate and/or govern the uses defined
herein when interpreting any proposed application to the Town of Malta
for the establishment of such use, with particular reference to the
Education Law and the Public Health Law of the State of New York.
The use of land for the production for sale of crops, livestock
or livestock products, not including land used for processing or retail
merchandising of such crops, livestock or livestock products.
The health services provided on an outpatient basis to those
who can visit a health care facility and return home the same day.
The agricultural practice of caring for and raising of horses.
Buildings and organizations that use horseback riding and
horse care as a means of therapy for patients with physical, developmental
or emotional disabilities.
Any entity licensed by the State of New York which provides
housing, meals, on-site monitoring, and personal care services in
a home-like setting to adult residents.
An eating establishment located wholly within a hospital
or medical center designed to service the needs of on-site employees,
patients, guests, and customers.
Communication from the nursing home, assisted living, and
senior housing facilities to the Malta Ambulance Corp. Inc. with a
corresponding response, which shall not include any inter-facility
or medical facility to medical facility transports, unless performed
by the Malta Ambulance Corp.
A program or facility in which (i) adult day care is provided
to the elderly who are in need of support services in a protective
setting during any part of a day, but less than twenty-four-hour care,
and (ii) child day care is provided on a regular basis to more than
six children for more than three hours per day per child for compensation
or otherwise, except those programs operating as a family day-care
home or a school-aged child care program as defined by the New York
State Office of Child and Family Services.
A hospital with a limited number of medical/surgical beds
designed for the stabilization, care, treatment and holding of patients
requiring emergency services.
An area of greenspace which marks the entrance to a site
and is comprised of signage, landscaping and plantings.
An establishment with the primary purpose of facilitating
exercise, such as:
An establishment for the sale to the public of flowers and/or
plants, which may include those produced or grown on the premises.
A florist is considered a retail use and is subject to the limitations
for retail uses set forth herein.
An establishment which is open to the public and is engaged
in the counter sale of food and beverages, and for which drive-through
is not a permitted use. As used herein, the term "food service provider"
shall include cafes whose business includes the preparation of hot
beverages, pastries, etc. A food service provider is considered a
retail use and is subject to the limitations for retail uses set forth
herein.
An open area of land designed as a place for sitting or for
a small congregation of people for enjoyment of the outdoors.
An institution licensed and approved by the State of New
York with a certificate of need which provides physical and mental
health services primarily for inpatients and medical or surgical care
of the sick or injured, including, as an integral part of the institution,
such related facilities as laboratories, emergency room, laundry,
outpatient departments, training facilities, emergency rooms, central
service facilities, conference and seminar facilities, staff offices,
gift shops, florists, places of worship and all other components and
uses customarily or commonly included in existing or state-of-the-art
hospitals.
Senior housing units that are designed for single-family
residences, but shall be under a common ownership and not subdivided
into individual lots.
A place where business used primarily for office support
services, including overnight mailing, photocopying, printing, online
services or other office-related reproduction services. A mailing
center is considered a retail use and is subject to the limitations
for retail uses set forth herein.
An area, located in the southwest part of Development Area
8, as depicted on Appendix A,[4] either at ground level or elevated on a structure licensed
or approved for the landing and takeoff of helicopters and including
auxiliary facilities such as parking, waiting rooms, fueling and maintenance
equipment.
A place where medical or dental care is furnished to persons
on an outpatient basis by one or more doctors or dentists;
An urgent care medical facility or an ambulatory surgery facility;
A place for the care, diagnosis and treatment of sick, ailing,
infirm or injured persons and those who are in need of medical or
surgical attention, but who are not provided with board or room or
kept overnight on the premises;
A facility for human ailments operated by a group of physicians,
dentists, chiropractors or other licensed practitioners for the treatment
and examination of outpatients;
A medical or dental clinic;
A medical library; and/or
A medical resource center.
A building or structure used primarily for the sale or rental
of medical or dental supplies and equipment to medical providers or
the general public.
A place in which medical reference materials are kept and
permitted to be loaned to members of the library on a temporary basis.
An office of a physician, dentist, or any other licensed
professional in the field of medically related services or health
and wellness, such as acupuncturist, audiologist, dietician or nutritional
counselor, mental health practitioners, licensed clinical social worker,
therapist, chiropractor, massage therapist, medical physicist, midwife,
naturopath, nurse practitioner, occupational therapist, physical therapist,
ophthalmologist, optometrist, podiatrist, respiratory therapist, speech
or language pathologist, osteopath, and physician assistant.
An organization of specializing physicians or dentists, or
both, who have offices in a common building, including laboratory
facilities in conjunction with normal clinic services, but shall not
include inpatient care.
A place where medical information, technologies or products
are studied, examined, tested or which such medical technologies and
products are available for sale.
A school, college or other institution for learning, training
and intellectual development primarily devoted to the medical or dental
professions.
The services provided by licensed medical doctors.
Any establishment licensed by the State of New York which
provides twenty-four-hour skilled nursing services to elderly and
handicapped residents.
An unoccupied space open to the sky on the same lot with
a building.
Medical services provided by a hospital or other qualified
facility, such as a mental health clinic, rural health clinic, mobile
imaging unit or freestanding dialysis unit, including physical therapy,
diagnostic X-ray and laboratory tests.
A building used primarily for the parking or storing of automobiles
on an hourly or daily basis for a profit.
A store where pharmaceutical prescriptions are filled and
drugs and other health-related articles are sold. A pharmacy is considered
a retail use and is subject to the limitations for retail uses set
forth herein.
The nonsequential development of any area or structure shown
in the PDD Area Uses Plan attached as Appendix A[5] and pursuant to the environmental limitations and thresholds
permitted for each phase under SEQRA and the Supplemental Final Generic
Environmental Impact Statement of Findings dated July 6, 2009.
A place where rehabilitative or preventative therapies are
conducted, including physical, speech, occupational, aquatic and massage
therapies; pulmonary rehabilitation; and/or chiropractic services.
An establishment with the primary purpose of facilitating
exercise, recreation, weight control, and/or amusement for individuals
and families.
Services which provide various forms of shared-ride services,
including buses, vans, trolleys, and subways, which are intended for
conveying the public, and the designated areas of land for the pick-up
and drop-off of passengers, marked by appropriate signage.
Publicly or privately owned business entity, subject to government
regulation, that provides an essential commodity or service, such
as water, electricity, transportation, communication to the public,
exclusive of telecommunications towers.
A network of trails designed to provide recreational use
and benefit to the public.
A florist, food service provider, mailing center, or pharmacy,
as those uses are defined herein. Retail shall not include (i) any
establishment devoted primarily to the sale of medically related goods,
services or merchandise to the general public, (ii) the sale of goods,
services or merchandise which is ancillary to the primary purpose
of the business or establishment or (iii) medical equipment sales.
No more than 40% of any building, where allowed, shall be retail.
Building and/or facilities with varying levels of medical
and/or personal care support which provide housing which is intended
for seniors over the age of 55, including dormitory housing, apartments,
assisted living facilities and skilled nursing services facilities
(as defined in the New York State Department of Health regulations),
together with ancillary and support facilities for any and all of
the foregoing.
[Amended 4-6-2015 by L.L.
No. 2-2015[6]]
A boardinghouse establishment that provides temporary living
quarters for people who are ill and for their families while the individual
who is ill receives treatment or care, such as a Ronald McDonald House™.
Buildings and activities used for the keeping and recreational
use of horses, including structures customarily associated with and
incidental to the keeping of horses such as hay bins, corn cribs and
silos.
C.
Development areas.
(1)
Generally. The District has been divided into nine development
areas, henceforth referred to as "areas." See generally Appendix A.
The maximum build-out of the site is set forth in the Revised Master
Plan contained within the Environmental Assessment Report, dated November
18, 2014, and incorporated herein as Appendix B.[7] The District will have a maximum allowed retail square
footage restriction of 20,000 square feet for the entire district,
with no single building containing more than 10,000 square feet of
allowable retail square footage. No more than 40% of any building
in the District may be retail. The areas of development in the PDD
comprise approximately 65 acres, and the remaining land of approximately
74 acres shall consist of wetlands, trails, roads and open space.
[Amended 4-6-2015 by L.L.
No. 2-2015[8]]
(2)
There shall be no freestanding food service providers, freestanding
retail or drive-through establishments within the District.
(3)
Specific uses by development area. All proposed uses for each area of the PDD, as defined in Subsection B above, are set forth as follows:
(b)
Areas 2, 4 and 5:
[1]
Allowable uses: medical professional office; medical or dental
clinic; medical staff training and education center; mailing center;
physical therapy; fitness center; medical library; medical resource
center; emergency medical services center; florist; food service provider;
pharmacy; day-care facilities; short-term patient family accommodations;
outpatient services; public and private recreational facility; medical
equipment sales and rental.
[2]
Uses by special permit: drive-through pharmacy; parking garage.
(c)
Area 3A:
[Amended 5-7-2012 by L.L. No. 6-2012]
[1]
Allowable uses: all uses previously listed under Areas 2, 4
and 5; hospital, medical treatment; ambulatory care center and a helistop
(a designated area with a hard surface used exclusively for the take-off
and landing of helicopters excluding auxiliary facilities); provided,
however, that there may be no more than one helistop or med-evac heliport
within Saratoga Medical Park at Malta.
[2]
Uses by special permit: none.
(d)
Area 3B:
[Amended 5-7-2012 by L.L. No. 6-2012]
[1]
Allowable uses: all uses previously listed under Areas 2, 4,
and 5; ambulatory care center, medical treatment, medical center;
and a helistop (a designated area with a hard surface used exclusively
for the take-off and landing of helicopters excluding auxiliary facilities);
provided, however, that there may be no more than one helistop or
med-evac heliport within Saratoga Medical Park at Malta.
(e)
Area 6:
[Amended 4-6-2015 by L.L.
No. 2-2015[9]]
[1]
Allowable uses: all uses previously listed under Areas 2, 4
and 5; senior housing, independent living units, assisted living services;
and nursing or convalescent home uses.
[2]
Uses by special permit: none.
[9]
Editor's Note: This local law provided that it should take
effect six months after the date of filing with the New York Secretary
of State.
(f)
(g)
Area 8:
[1]
Allowable uses: open space; agricultural; animal husbandry/caretaking;
stormwater management; stormwater maintenance; wetlands preservation;
recreational/nature/exercise trails; animal therapy (indoor/outdoor);
agricultural crop management; stabling and equestrian uses; Med-evac
heliport in the southwest portion of this area as depicted in Appendix
A; gathering areas; sitting areas; and public utility.
[2]
Uses by special permit: none.
(4)
On-site
commercial uses: It is the intent of the District to provide a wide
variety of medical, health and wellness services to the community.
Commercial uses in the District shall be for the primary use and benefit
of patients, staff and visitors to the District. The retail and commercial
uses in the District will be limited appropriately during site plan
review so as not to create a commercial center for non-District consumers.
All campus commercial uses shall have site plan review pursuant to
Article VI of the Code of the Town of Malta.
D.
Site plan review and phased development.
(1)
All development within the District is subject to site plan
review pursuant to the Town Code of the Town of Malta.
(2)
It is understood and agreed that a developer is required to
comply with all local, state and federal requirements for each and
every phase of development of this site. No site work or construction
shall commence prior to obtaining approval from the Town of Malta
for each phase. Each phase shall be submitted for site plan review
to the Town of Malta prior to commencement of any construction or
site preparation, including, but not limited to, grading and clearing.
The developer shall comply with and satisfy all site plan, construction
and building code, traffic, environmental (including but not limited
to wetlands) and stormwater management requirements of all local,
state and federal governments in effect at the time of the submission
of each phase for site plan review, including all environmental thresholds
and limitations for each phase as set forth in the Supplemental Generic
Environmental Impact Statement of Findings, dated July 6, 2009.
(3)
Site plan review shall be completed by the Town of Malta Planning
Board for each phase and shall include review of appropriate architecture.
(4)
Any application for site plan review hereunder shall contain
a narrative statement of compliance with (1) these PDD regulations,
(2) the Town-wide GEIS and the June 5, 2006 Statement of Findings
of the Town-wide GEIS, and (3) the project conditions, mitigation
measures and relevant impact thresholds which may be applicable to
the development as set forth in the Findings Statement of the Supplement
Generic Environmental Impact Statement, adopted July 6, 2009, together
with all other Town of Malta requirements.
(5)
Where a proposed site plan presents issues regarding impacts
that were not addressed in (1) the Town-wide GEIS and the June 5,
2006 Statement of Findings of the Town-wide GEIS, or (2) the Findings
Statement of the Supplemental Generic Environmental Impact Statement,
adopted July 6, 2009, the Town Board or the Planning Board may request
further information such as full environmental assessment form or
further documentation pursuant to SEQRA to determine the significance
of such potential impacts and whether a supplemental EIS may be required.
E.
Subdivision with the District.
(1)
It is understood and agreed that all proposed subdivision of lands of the property shall be presented to the Town of Malta Planning Board for approval pursuant to Chapter 143 of the Code of the Town of Malta. Subdivision within any development area will not require owners to comply with greenspace or open space requirements as these items have been calculated with the entire Campus plan. The applicant will be required to comply with setbacks, minimum lot sizes and frontage on interior roads as set forth in the attached Appendix C.[11] The Town shall ensure adequate access and parking to all
subdivided parcels.
[11]
Editor's Note: Appendix C is on file in the Town offices.
(2)
The areas presented in the PDD Area Uses Plan do not indicate
the final subdivision plan for the District. See Appendix A. The final
decision of any lands which may be subdivided within or to create
certain areas will remain with the Town of Malta Planning Board and
be based upon a subdivision application submitted by the owner, but
shall substantially conform with the areas set forth in Appendix A.
F.
Development requirements and construction specifications.
(1)
Generally. Each phase of development in the District and/or
a portion of development in an area shall be constructed in substantial
conformance with the approved PDD Area Uses Plan, annexed hereto as
Appendix A, or as approved by the Town of Malta Town Board or Planning
Board. There shall be a reassessment of all site issues, including
but not limited to wetlands, stormwater management, traffic and drainage,
during site plan review of each new phase.
(2)
Trails and pathways.
(a)
Prior to the issuance of the first building permit, the owner
shall convey easements to the Town consenting to (i) a trail right-of-way
to be dedicated to the Town. (ii) a fifteen-foot easement along the
northern and southern property lines for future pathways and (iii)
a potential equestrian trail as depicted on the Open Space Plan Illustration
attached hereto as Appendix D.[12] Said plan shall be subject to review and approval by the
Town of Malta Planning Board prior to the issuance of a building permit
for the first building to be constructed on the Campus. Prior to the
issuance of the first certificate of occupancy for the first building,
the owner will provide a nonexclusive pedestrian easement for the
proposed north-south roadway. Following construction of the center
green within the main boulevard, as depicted in Appendix D, which
will occur on or before the issuance of a certificate of occupancy
for any building located within Area 5 or Area 6, the third phase
of the trail system will occur. At each phase of development, the
site plan review shall include the discussion of the construction
by the applicant of a multi-use pathways throughout the internal parts
of the District at such time deemed appropriate by the Town of Malta.
The Town may impose a requirement of the partial construction of the
pathway/trail system at each stage of development, as deemed appropriate.
[Amended 4-6-2015 by L.L. No. 2-2015[13]]
(b)
The Developer shall construct and maintain paved shared use
public pathways adjoining the road system within Development Areas
1 through 7. These pathways shall be available to the public on a
year-round basis from dawn until dusk for all nonmotorized vehicular
use. The shared-use public pathways and trails within the District
shall be constructed to the standards set forth in the Town of Malta
Linkage Study adopted in 2003. Said pathways shall be connected to
the existing sidewalks on Route 67 and Raymond Road. All shared public
pathways shall be completed contemporaneously with the adjacent roadway.
Prior to the development of the site, the existing road bed will be
made available for use to the Town of Malta for limited access rights.
Prior to the commencement of public access, the Town and the owner
will enter into the appropriate hold-harmless agreement, which will
be in place until such a time as the first certificate of occupancy
is issued on the first building within the District. Said access will
be available within 18 months of acceptance of this legislation. In
addition, a recreational trails master plan shall be developed and
should consider an equestrian/shared use nature trail(s) throughout
the approved open space Area 8. This plan shall be approved by the
Planning Board in consultation with the Director of Parks and Recreation
of the Town of Malta prior to the certificate of occupancy of the
first building.
(c)
It is understood that the equestrian theme of the property identified
in the Town of Malta Master Plan shall be maintained by the owner
and/or developer through the:
[1]
Retention, repair and upkeep and/or replacement of the horse
farm fencing presently encircling the District;
[2]
Emphasis on the creation and maintenance of hippotherapy and
therapeutic licensed/credential programs;
[3]
Preservation of approximately 53% of the District as open space;
and
[4]
Recreational use of horses and equestrian activities on site.
(4)
Access, roads and traffic.
(a)
Access and roads.
[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
reviewed by the Town Engineers.
[2]
The entry point to the District located off Raymond Road will
be limited to emergency access only. How this access is restricted
shall be determined by the Town of Malta Planning Board in conjunction
with the first site plan review application. Any additional limitation
measures, such as road width and access restrictions, will be determined
during the site plan review process of the phase or project involving
the construction of the access road. The main and ancillary roadways
shall be constructed to either town road or rural road standards as
depicted in Appendix A. Notwithstanding the foregoing, the gravel
road located in Area 8 may be used in its current condition for ingress
and egress from the southerly part of the campus to access any building,
structure or facility constructed or to be constructed within Area
8. Nothing herein shall relieve the developer its obligation to comply
with the requirements of the New York State Fire Code.
[Amended 4-6-2015 by L.L.
No. 2-2015[15]]
[15]
Editor's Note: This local law provided that it should take
effect six months after the date of filing with the New York Secretary
of State.
(b)
Traffic.
[1]
The developer shall be responsible, through evaluation and assessment
mitigation fees as determined by findings of the Malta Town-Wide GEIS,
adopted by the Town of Malta on June 5, 2006, and as supplemented
by the Supplemental Final Generic Environmental Impact Statement adopted
by the Town of Malta on July 6, 2009, for the construction and costs
of all traffic improvements deemed necessary for the orderly development
of each phase, including but not limited to both on-site and off-site
traffic control devices. The developer shall strive to incorporate
the currently existing adjacent curb cuts into its traffic plans.
In addition, the developer shall also incorporate the cross-access
easement with the parcel to the west in the development of future
traffic patterns for on- and off-site traffic.
[2]
In identifying and developing the traffic needs for this project,
the developer shall incorporate the findings of the studies done concerning
the Route 67 corridor, the Town of Malta Linkage Study and any subsequent
studies done concerning traffic in the areas studied in the Supplemental
Draft Generic Environmental Impact Statement, accepted July 7, 2008.
[3]
The traffic access for this development shall be Route 67. The
access from Raymond Road shall be gated and restricted only to maintenance
and emergency vehicles. It is understood and anticipated that a cross-access
easement to the large parcel to the west shall be developed in the
future as that parcel develops. The final location of the cross-easement
shall be determined upon the site plan approval of the west parcel
or at a time deemed appropriate by the Town of Malta Planning Board.
[4]
Mitigation fees shall be payable at the time the issuance of
each building permit for structures within the District.
[5]
There shall be a floating, cross-access easement in Development
Area 2 which will connect to the neighboring parcel to the immediate
east of the District southeastern border. The easement shall be no
closer than 100 feet to Route 67. The Town of Malta Planning Board
shall determine the exact location of this easement when it deems
appropriate.
(5)
Stormwater management. The initial stormwater management plan
shall be constructed in compliance with the New York State Stormwater
Management Design Manual for each area, as well as the provisions
of the Town Code of the Town of Malta. It is understood and agreed
that the stormwater management plan shall be reviewed and modified,
if deemed necessary by the Town of Malta, each time a site plan is
submitted for the Town's review. It is also understood and agreed
that the property owner shall comply with any agency, governmental
entity or regulatory body having jurisdiction concerning stormwater
management and shall provide the Town of Malta with an easement for
access to the stormwater management areas pursuant to the Town Code
of the Town of Malta.
(6)
Water.
(a)
The first phase of the project which receives approval will
be supplied by any water delivery system owned and operated by the
County of Saratoga, the Saratoga County Water Authority, Burnt Hills-Ballston
Lake Water District #2, Clifton Park Water Authority, or any other
entity formed specifically and exclusively to operate a water delivery
system upon site plan approval by the Town of Malta.
(b)
The developer shall comply with all state and federal requirements
for the extension of the water service. Fire hydrants shall be installed
throughout the project by the developer pursuant to the building code
and the fire code.
(7)
Sanitary sewerage.
(a)
All phases of the project will connect with the Saratoga County
Sewer District No. 1, or any other appropriate entity as determined
by the Town of Malta. The design, construction and maintenance of
all buildings concerning the water and sewer districts, as well as
the associated landscaping regarding those utilities within the development
district will be done by the owner and/or developer to assure a compatible,
aesthetically pleasing development in an atmosphere. Said structures
shall be subject to site plan review. The owner and/or developer shall
enter into an agreement with the Saratoga County Sewer District #1
or any other appropriate entity as determined by the Town of Malta
providing for the maintenance and upkeep of any structures constructed
for their utilities, except for the private facilities constructed
in the PDD.
(b)
The owner and/or 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, or other appropriate entity as determined by
the Town of Malta. The developer agrees to offer for dedication to
the Saratoga County Sewer District No. 1, or other appropriate entity
all completed off-site sewer facilities at no cost to the Saratoga
County Sewer District No. 1 or other appropriate entity. The sewer
district shall determine the portion of the facilities which are appropriate
for public ownership.
(8)
Waste management. Owners, developers and/or businesses within
the District shall comply with all federal, state and local regulations
regarding the handling and disposal of hazardous or chemical waste
and shall provide to the Town of Malta, the local ambulance company
and the local fire department copies of any and all filings required
by local, state and federal regulatory entities concerning the storage,
use, disposal and emergency plans regarding hazardous materials and
waste.
(9)
Utilities and electrical power. All electric distribution lines
and utilities shall be located underground.
(10)
Open space and buffers. It is understood that 53% of the lands
within the District shall be open space. To ensure that buffers, open
space and environmentally sensitive areas are adequately preserved
during construction, buffer limits and the means of construction protection
shall be established during the site plan review process, and shall
include imposition of protective measures such as fences. All efforts
will be made to connect open space areas throughout the District.
(11)
Signs. Using the Wayfinding and Signage Plan as a guideline,
the Planning Board shall review signage, including tenant logos and
branding systems for individual buildings, as part of site plan review.
A blue, front-lit, "Open 24 Hours" sign with 33 inches tall and 309
inches long channel letters, is permitted on the south and east side
of the Malta Med Emergent Care building.
[Amended 4-6-2015 by L.L.
No. 2-2015[16]]
[16]
Editor's Note: This local law provided that it should take
effect six months after the date of filing with the New York Secretary
of State.
(12)
Demolition in Development Area 1. Prior to the issuance of a
demolition permit for any of the buildings in Development Area 1,
the applicant must agree to the installation of an appropriate historical
marker to commemorate the buildings' significance. Demolition shall
take place prior to the issuance of a certificate of occupancy for
the first building.
(13)
Greenspace and buffers. A minimum of 53% of the lands within
the PDD shall remain green space. There shall be a three-hundred-foot
visual no-construction buffer along I-87 and a one-thousand-foot buffer
from the center line of Raymond Road to the northernmost proposed
residential units.
G.
Building code. All buildings will be constructed in accordance with
the current building codes as adopted by the Town of Malta, as amended.
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.
Performance bonds and letters of credit. The developer shall file
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 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.
I.
SEQRA. The Malta Town Board, as lead agency for this project pursuant
to the State Environmental Quality Review Act, has adopted a Supplemental
Final Generic Environmental Impact Statement which makes a declaration
of nonsignificance concerning this project and fully sets forth all
necessary mitigation measures. The developer agrees to comply with
all of the mitigation measures which are a part thereof, at no cost
to the Town. No certificate of occupancy will be issued until the
mitigation measures are complete. Attached hereto as Appendix D is
a summary of those mitigation measures.
J.
Effective date. This local law 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.
K.
Sunset provision. In the event a building permit is not obtained
on any lands in this development within five 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.
L.
Mitigation and open space fees.
(1)
General mitigation fees. The developer shall be required to
pay any mitigation and open space fees consistent with the Town of
Malta Town-Wide GEIS, adopted June 5, 2006, as amended upon the receipt
of a permit from the Town of Malta for work on any phase approved
by the Planning Board of the Town of Malta.
(2)
Emergency medical response fee. The SGEIS identified a potential
adverse impact to the Town with respect to the possible increase in
the number of calls placed from the senior housing, assisted living
and nursing home facilities to the Malta Ambulance Corp. Inc. (EMS)
in a given annual period. For purposes of this section, the term "facility"
shall mean nursing home, assisted living, or senior housing facilities.
For purposes of this section, the term "facility" shall mean nursing
home, assisted living, senior housing facilities or senior apartments.
In order to provide mitigation for the potential impact on EMS, the
following has been determined to be appropriate for the District and
shall apply as follows:
[Amended 4-6-2015 by L.L.
No. 2-2015[17]]
(b)
Upon the issuance of the first certificate of occupancy for an assisted living, senior housing, senior apartments or nursing home facility, said facility shall be deemed to have a maximum threshold of 106 calls to EMS per year which will be deemed to have no adverse impact and is consistent with the number of annual calls to like kind facilities in the Town of Malta. The facility shall be entitled to a proration of the 106 annual calls in accordance with the month the certificate of occupancy is issued (i.e., nine calls per month). Any additional assisted living, senior housing, senior apartments or nursing home facility located within the District will be permitted to share the 106 calls to EMS annually, but under no circumstances shall one or a combination of more than one facility thereafter exceed the maximum threshold of 106 calls without complying with the mitigation measures set forth in Subsection L(2)(c) below.
(c)
In the event the District does not exceed the annual call threshold
of 106 (or a proration thereof), the difference between actual calls
and the annual call threshold shall be added to the annual call threshold
for the next calendar year. There shall be no limitation on the District's
ability to apply the difference to the allowance for the next calendar
year. If the District shall exceed the annual allowance of 106 calls,
including any unused calls from any previous annual period, the owner
shall be charged a per-call rate of $200 ("per-call rate"). The District's
per-call rate recognizes the annual per-call cost to the Town's EMS
of $227, as well as a credit to the District for providing a reduction
in the operational impacts on EMS personnel and equipment due to the
close proximity of medical service, including less gas, fewer miles
traveled for vehicles and responders, and less wear and tear on EMS
vehicles. The project also brings nonquantifiable benefits to the
Town, including access to acute medical care, access to primary care
services, and a helipad for emergency response.
(d)
The per-call rate for the District shall be reevaluated every five years from the effective date of this legislation or upon request by the Town when there is one-year net maximum operating cost increase to EMS in excess of 5%. The reevaluation of the per-call rate shall be based upon the EMS annual operating costs, less all patient reimbursement, less the Town of Stillwater contracted revenue, less any applicable tax levy in place at the time of reevaluation, exclusive of the Service Award Program portion, less the credit provided by the Town for any and all benefits the project provides to the Town in keeping with those recited in Subsection L(2)(c) above, and then divided by the number of total Town-wide calls received by EMS in the calendar year previous to the reevaluation.
(e)
If applicable, the Town shall issue an invoice to the owner
of facility before January 31 of each year for the services rendered
by EMS in excess of the 106 annual call threshold in the previous
calendar year. In the event there is more than one facility operating
within the District, the 106 annual calls shall be apportioned pursuant
to the number of residents within each facility. The apportionment
shall become each facility's annual call threshold for purposes of
annual billing from the Town.
(f)
The District will also be financially responsible for the cost
of any interfacility or medical-facility-to-medical-facility transportation.
[17]
Editor's Note: This local law provided that it should take
effect six months after the date of filing with the New York Secretary
of State.
(3)
Payment
for services agreement for future hospital and other exempt buildings.
In furtherance of the supplemental generic environmental impact statement
for the District, the owner is obligated to make annual payments to
the Town in an amount reasonable to mitigate the fire protection impacts
of any hospital or other exempt building constructed within the District.
In furtherance thereof, the owner shall be required to enter into
an agreement with the Town of Malta setting forth the manner in which
the owner shall pay an annual fee for services payment for fire protection
("AFSP"). The agreement for the AFSP shall be executed by the Town
and the owner prior to or contemporaneous with the submission of any
site plan application to the Malta Town Planning Board for the construction
of a hospital or any other exempt building within the District.
[Added 5-7-2012 by L.L. No. 6-2012]
M.
Severability clause. If any provision of this local law shall be
held invalid in an appropriate court proceeding, the remainder of
this local law shall not be affected thereby.
N.
Supersession. The local law is hereby adopted pursuant to the provision
of § 10 of the New York State Municipal Home Rule Law and
§ 10 of the New York State Statute of Local Governments,
it being the intent of the Town Board to supersede any and all contrary
or inconsistent state laws.
[1]
Editor's Note: Former § 167A-59, Kumar Inn and Suites
Planned Development District No. 53, adopted 7-6-2009 by L.L. No.
7-2009, was repealed 6-1-2020 by L.L. No. 3-2020.
[Adopted 5-7-2012 by L.L. No. 5-2012]
A.
This local law shall be known as "Local Law No. 5 of 2012" and shall
amend the Town of Malta Zoning Law to provide for the creation of
Planned Development District No. 54 to be known as the "Cramer Road
North Planned Development District."
B.
The area of the Cramer Road North Planned Development District consists
of approximately 78.70 acres and is bounded and described as set forth
in Appendix A, attached hereto and made a part hereof.[1] All such lands are identified as Tax Map parcel 217.-2-35.
[1]
Editor's Note: Appendix A is on file in the Town offices.
C.
Land classification within the Cramer Road North Planned Development
District.
(1)
The Cramer Road North Planned Development District will consist
of areas falling within three separate classifications. The first
shall contain 38 duplex buildings (76 units). Each unit may be individually
owned.
(2)
The second classification shall be "conservation areas" having
a total of approximately 55.90 acres as depicted on Appendix A annexed
hereto.
(3)
The third classification shall be lands lying within the commercial
area being approximately 7.72 acres as depicted in Appendix A annexed
hereto.
(4)
Allowed uses within the commercial area shall be limited to
those uses now or hereafter allowed as of right in the C-4 zoning
classification of the Town of Malta.
D.
Development.
(1)
Prior to the issuance of any building permits allowing any construction
activities within the planned development district, the developer
or its agents/assigns must seek and obtain site plan approval from
the Town Planning Board.
(2)
Design elements.
(a)
Each duplex structure shall consist of two units. Each unit
must have no less than 1,300 square feet of living space. The duplex
structures and surrounding area shall incorporate traditional neighborhood
design elements consistent with the following:
[1]
Steeper sloped roofs (8 on 12);
[2]
Front, covered porches with a roof design that provides a clear
break from the overall roof design of the building (in other words,
not a front porch where the main roof is simply extended to cover
the porch area, but rather the kinds of porches you would see in an
older home);
[3]
Concrete sidewalks;
[4]
Ample trees and landscaping;
[6]
A "centerpiece" of the overall development where residents can
congregate (gazebo, clubhouse, park, etc.); and
[7]
Recessed garages (which may either be deep enough to accommodate
one or two vehicles).
(b)
The Town Planning Board shall determine compliance with these
design elements during the site plan review process. Reference is
hereby made to the rendering annexed hereto as Appendix C[3] depicting designs not inconsistent with the above criteria.
These renderings are conceptual in nature and are intended merely
to illustrate potential permutations of the above criteria and are
not intended to be binding upon the developer or the Town Planning
Board. Specific design elements and colors will be the subject of
Town Planning Board site plan review.
[3]
Editor's Note: Appendix C is on file in the Town offices.
(3)
To improve visibility, the developer shall correct the grade
at the site in an area near the intersection of Cramer Road and Route
9 to comply with standards set forth by the New York State Department
of Transportation and the American Association of State Highway and
Transportation Officials.
(4)
The developer shall provide for "work-force housing" in a manner consistent with the requirements currently set forth at Malta Town Code § 167-26. The developer shall set forth such work-force housing in its site plan application submitted to the Town Planning Board.
(5)
The developer shall construct all roadways within the Cramer
Road North Planned Development District consistent with all approvals
and guidelines of the Town of Malta. Roadways within this Planned
Development District shall be at least 22 feet wide with additional
two-foot-wide wing edges. Such roads shall be built to Town standards
and offered to the Town for dedication. With the exception of permits
needed to construct one "spec duplex" or "model duplex," no building
permits shall be issued until such roads are accepted by the Town
and any required bond or letter of credit in acceptable form is in
place and proof of such has been furnished to the Town. Consistent
with the Town Highway Standards adopted by resolution of the Town
Board on December 5, 2011, if the Town accepts such roadways prior
to completion of the "finish coat," the finish coat will be installed
thereafter at the sole expense of the developer and in a manner that
meets Town standards.
(6)
In accordance with the Town's Linkage Study, the developer shall
include on its site plan and subdivision plat a depiction of a possible
future road connecting the commercial area with Route 9. If, in the
discretion of the Town Planning Board, such a connector road is necessary
to effectuate the safe and appropriate development of the commercial
area, the construction of such roadway may be required and the developer
shall not be obligated to first seek and obtain an amendment of this
legislation. The exact location of the road will be left to the discretion
of the Planning Board. A notation consistent with this provision shall
also appear on the site plan and subdivision plat.
(7)
During
site plan review, the Town Planning Board may, in its discretion,
consider the desirability of requesting or requiring a connection
between the roadways of this development and the lands directly to
the west without need of further amendment to this legislation.
[Added 12-3-2012 by L.L. No. 15-2012[4]]
[4]
Editor's Note: This local law also redesignated former Subsection
D(7) through (12) as Subsection D(9) through (14).
(8)
The
Developer shall include in its site plan for any proposed development
within the “Commercial Area,” pedestrian access areas
leading from Development roadways to the proposed improvements. The
Planning Board need not require that such access areas be ultimately
developed if, in the Planning Board’s discretion, it is determined
that such access areas are undesirable.
[Added 12-3-2012 by L.L. No. 15-2012]
(9)
The developer, at its sole expense, shall cause a study to be
performed to assess whether the condition of Cramer Road and Cramer
Road Extension are sufficient to support the estimated post-project
construction traffic. The developer shall submit the traffic study
to the Town Engineer with a copy to the Town Board and a copy to the
Town Building and Planning Department. The developer shall submit
this study prior to offering the development roadways to the Town
for dedication. In the event the study does not demonstrate, to the
Town Board's satisfaction, that the roadways are sufficient for anticipated
volume, the developer shall, at its sole expense, improve the roadways
in a manner and to an extent sufficient to handle the anticipated
traffic volume. All such improvements shall be built to Town standards.
Regardless of the outcome of any study, the developer's bond or letter
of credit shall be in an amount sufficient to repair any damage that
project-related activities may cause to Town roads, including Cramer
Road and/or Cramer Road Extension.
(10)
The developer shall construct five-foot wide sidewalks along
Development roads in a location and manner consistent with Town standards
and approvals. The Developer shall detail in its site plan application
the proposed location of the sidewalks. There shall be no less than
seven feet between the edge of the paved roadway and the sidewalks.
The sidewalks may be constructed in sections directly following completion
of duplex buildings in the vicinity. Sidewalks shall be constructed
on both sides of Development roads; however, where such roadways are
directly adjacent to “Commercial Areas,” the portions
of sidewalk on the “commercial side” of the roadways need
not be constructed until the “Commercial Areas” are improved.
The developer may be relieved of its obligation to construct these
portions of sidewalk if, during site plan review of the “Commercial
Areas.” the Town Planning Board determines that such portions
of sidewalk are undesirable. Certificates of occupancy will not be
issued unless or until a bond or letter of credit in favor of the
Town of Malta is secured to ensure that sidewalk construction/completion
occurs in a manner consistent with this legislation and site plan
approval. The bond or letter of credit must be in a form acceptable
to the Town Attorney and an amount acceptable to the Town Engineer.
Continued maintenance of the sidewalks shall initially be the obligation
of the developer and, upon creation of the Cramer Road Homeowners’
Association (CRHOA), shall become the obligation of the CRHOA.
[Amended 12-3-2012 by L.L. No. 15-2012]
(11)
Appropriate stormwater management shall be undertaken by the developer at the developer's sole expense in a manner consistent with Town specifications and approvals. A stormwater management report plan shall be submitted by the developer to the Town Planning Board during the Site Plan review process. Consistent with Town Code § 167-48H, the developer shall convey to the Town of Malta a maintenance agreement and access easements around the entire circumference/area of all stormwater management infrastructure. The developer or its successors or assigns shall be responsible for continued maintenance of all stormwater management infrastructure.
(12)
Setbacks.
(a)
In the event the developer, its successors and/or assigns seeks
and obtains subdivision approval from the Town Planning Board and
the lots created are lots containing one or more residential units,
the following setbacks shall apply to all affected lots:
(b)
The side yard setback shall not apply to any shared boundaries
dividing units of the same duplex structures.
(13)
All buildings within the commercial area must be equipped with
installed sprinkler systems. The parties acknowledge that this is
required neither under the Malta nor NYS Building Codes but is, instead,
a safety feature inuring to the benefit of the public (including volunteer
firefighters) in exchange for the benefit to the applicant of the
within planned development district legislation.
(14)
Utilities.
(a)
The utilities throughout the Cramer Road North Planned Development
District shall be constructed/placed below ground and it shall be
the obligation of the developer, its successors and/or assigns, to
obtain all necessary permits, approvals or agreements from any third
parties.
(b)
Water within this planned development district shall be supplied
by Saratoga Water Services, Inc. or other water supplier having a
sufficient water supply and all necessary approvals to supply potable
water to this planned development district. The developer shall demonstrate
to the satisfaction of the Planning Board that the proposed supplier
of water for this planned development district meets this standard.
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 in a manner consistent with all applicable rules,
regulations and approvals.
E.
Sanitary sewers will be constructed by the developer at its sole
expense. The off-site sewer force main shall be eight inches in diameter.
It is the current intention that this main will be constructed along
Route 9P and continue east past the intersection of Route 9P and Route
9 with connection made to the gravity sewer infrastructure of the
proposed Lakeview Landing Subdivision that connects to Saratoga County
Sewer District No.1 infrastructure. This configuration will form
a necessary component part of an integrated sewer facility plan currently
pursued by several area developers. This integration will provide
necessary sewer improvement in this area and be a public benefit.
The Planning Board shall have review authority over the location
and design of these sewer facilities and may, in its discretion, permit
the developer to deviate from the above proposed location without
need of further amendment to this legislation, provided that doing
so does not lessen the benefit provided by the above proposed sewer
facility location and provided further that such deviation is acceptable
to the Town Engineer and the Saratoga County Sewer District. In no
event may the Developer deviate from the diameter of the forced main
absent amendment of this legislation. Regardless of the ultimate
location of sewer facilities, individual grinder pumps shall be installed
for each unit by the developer. The grinder pumps shall be owned
and maintained by each lot owner. All sewer facilities shall be constructed
in accordance with all applicable rules and regulations and no certificates
of occupancy may be issued unless or until the sewer facilities are
installed and fully operational. The developer will ensure that design
and construction of all sewer facilities is in accord with the standards
of the Saratoga County Sewer District No. 1. The developer will 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.
[Amended 12-3-2012 by L.L. No. 15-2012]
F.
Homeowners' association.
(1)
The developer shall obtain all necessary approvals and create
the Cramer Road Homeowners' Association (CRHOA) prior to the issuance
of any building permits for any buildings within the planned development
district. Town planning and zoning counsel shall review the developer's
proposed declaration of covenants, conditions and restrictions, by
whatever title known, prior to its submission to the New York State
Attorney General's office to confirm that all provisions necessary
to effectuate the requirements of this Legislation are included.
(2)
The CRHOA shall be responsible for the maintenance and upkeep
of all common areas, signs and community landscaping within this planned
development district upon taking ownership of the same. Until this
time, the developer shall be responsible for such maintenance and
upkeep.
(3)
Upon ownership, the CRHOA shall become obligated to maintain
all sidewalks in good repair and shall be responsible for the removal
of snow and other obstructions that impede safe and reasonable use.
Prior to this time, the developer shall remain responsible for such
maintenance.
(4)
Upon ownership of one or more conservation areas, the CRHOA
shall be responsible for taking all steps reasonable and necessary
to prevent vandalism, theft from or disturbance of those areas of
archeological significance within the planned development district.
These obligations may be undertaken by the Archaeological Conservancy
upon conveyance to it, provided that the Archaeological Conservancy
expressly undertakes such obligations. Until either the CRHOA or the
Archaeological Conservancy become obligated hereunder, the developer
shall remain so obligated.
G.
Conservation areas. There exist five conservation areas identified
on Appendix A attached hereto, These areas shall be maintained as
follows:
(1)
An area of approximately 45.86 acres of land identified as Conservation
Area 1 on attached Appendix A shall be conveyed by the developer to
the Archaeological Conservancy or to the CRHOA for the purpose of
conserving these lands.
(2)
An area of approximately 1.33 acres of land identified as Conservation
Area 2 on attached Appendix A shall be conveyed by the developer to
CRHOA once created.
(3)
An area of approximately 2.01 acres of land identified as Conservation
Area 3 on attached Appendix A shall be conveyed by the developer to
the CRHOA once created.
(4)
An area of approximately 4.02 acres of land identified as Conservation
Area 4 on attached Appendix A shall be conveyed by the developer to
the CRHOA once created.
(5)
An area of approximately 1.68 acres of land identified as Conservation
Area 5 on attached Appendix A shall be conveyed to the CRHOA once
created. The developer, its successors and/or assigns shall create
a landscaped buffer in this area and shall maintain it as such. The
landscaped buffer shall be built in accordance with the approved site
plan for the Cramer Road North Planned Development District.
(6)
Within the proposed conservation areas, the existing vegetative
screening shall be maintained or improved as follows: the existing
vegetative screening shall not be disturbed along the southwesterly
portion of this planned development district behind lots 10 through
15; and the existing vegetative screening along the southernmost boundary
of this planned development district along Cramer Road and Cramer
Road extension shall be maintained to the greatest extent possible.
Where the existing vegetation along Cramer Road and Cramer Road extension
cannot be maintained due to construction impacts, a four-foot landscaped
berm shall be provided as directed by the Planning Board. Upon completion
of the sidewalk, drainage, berms and related construction, an as-built
drawing will be substituted as Exhibit B.[5]
[Amended 12-1-2014 by L.L. No. 8-2014]
[5]
Editor's Note: Said appendix is on file in the Town offices.
(7)
These conservation areas shall remain undeveloped open space.
For purposes of this subsection, neither stormwater facilities nor
landscape features shall constitute development in violation of this
provision, provided such are consistent with Town approvals.
H.
Notice.
(1)
Each potential purchaser of lands located in this planned development
district shall be furnished with a copy of this Legislation and a
written notification of the existence and proximity of the Albany-Saratoga
Speedway prior to the execution of any contract for the purchase and
sale of lands. Such notice shall also be included in the deed of conveyance
from the developer. Notice concerning the Albany-Saratoga Speedway
will not be necessary if the Speedway ceases operating at 2671 Route
9 in the Town of Malta.
(2)
The homeowners' association operating agreement shall include
a requirement that the deeds of conveyance continue to include notice
of the existence and proximity of the Albany-Saratoga Speedway unless
or until the speedway is no longer operating at 2671 Route 9 in the
Town of Malta.
(3)
In the event owners of such duplexes lease such space to tenants,
the owners shall furnish to potential lessees a copy of this legislation
and written notification of the existence and proximity of the Albany-Saratoga
Speedway prior to the execution of any lease agreement. Notice concerning
the Albany-Saratoga Speedway will not be necessary if the speedway
ceases operating at 2671 Route 9 in the Town of Malta.
(4)
The homeowners' association operating agreement shall include
a requirement that duplex owners provide prospective lessees with
notice of the existence and proximity of the Albany-Saratoga Speedway
unless or until the speedway is no longer operating at 2671 Route
9 in the Town of Malta.
(5)
By enactment of Town Code Chapter 86, the Town of Malta affirmed its determination that agriculture is vital to the Town. Toward this end, the homeowners' association operating agreement shall require that duplex owners include in their deeds of conveyance specific reference to the Town's "right to farm" law set forth at Town Code Chapter 86 and further require that such deeds expressly state that, consistent with the provisions of that chapter, fanning activities occur within the Town of Malta, which activities may cause noise, dust, smoke and/or odors, and that agricultural practices conducted on farmland shall not be found to be a public or private nuisance.
I.
Zoning.
(1)
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.
(2)
In the event construction does not commence on any lands in
this planned development district within six years of the effective
date of this enactment, this Legislation shall be deemed null and
void and zoning shall revert to the C-4 zoning classification.
J.
Benefit of planned development district to the public.
(1)
In addition to all other public benefits identified in this
section, the developer shall cause a sign to be placed on its lands
at the corner of Cramer Road and Route 9. This sign shall be a creative
and unique expression which will serve as a focal point for the community.
It is the intention of the Town Board that this sign have a distinctive
design or composition that does not exist in the same form elsewhere.
For purposes of this provision, the dimensional limitations applicable
to signs set forth elsewhere in the Malta Town Code are expressly
superseded, however, the construction standards generally applicable
to signs throughout the Town shall apply. The developer shall incorporate
into the sign design the archeological and/or historical nature of
the site. The sign shall be designed, constructed and placed in a
manner consistent with Town Board approval. The developer shall seek
such approval prior to issuance of any building permits and shall
complete construction in accordance with approval prior to offering
the development roads to the Town for dedication. In furtherance of
approval, the developer shall submit materials having the same content
and detail as would be required to accompany a site plan application
if submitted to the Town Planning Board.[6]
[6]
Editor's Note: Pursuant to this subsection, a proposed work
of art for the sign was approved 5-6-2013 by Res. No. 106, a complete
copy of which is on file in the Town offices.
(2)
The developer shall provide to the Town a summary report reflecting
the data and findings of the sewer study or studies conducted by the
developer's consultant in relation to this planned development district.
[Adopted 4-7-2014 by L.L. No. 2-2014]
A.
This planned development district created by adoption of Local Law
2 of 2014 shall be known as the "Stewart's Shops - Adirondack Trust
Planned Development District."
B.
The Zoning Law of the Town of Malta, as adopted January 3, 1989,
and as thereafter amended in its entirety by Local Law 9 of 2005 and
the Zoning Map of the Town of Malta as set forth therein and made
a part thereof, are amended by changing the lands described below
from the existing zoning R-1 Residential District and establishing
this planned development district.
C.
The area of this planned development district consists of approximately
2.76 acres in the Town of Malta which, as of the time of this enactment,
is identified as Tax Map Parcel Number 240.00-2-23.2. The precise
boundaries are as set forth in Appendix A (metes and bounds description)
and Appendix B (site plan).[1]
[1]
Editor's Note: Appendix A and Appendix B are on file in the
Town offices.
E.
Development requirements.
(1)
This planned development district may contain a single-story
structure no larger than 5,300 square feet with two gas canopies no
larger than 2,000 square feet. There will be no more than six dual-access
multi-product fueling dispensers and one stand-alone single access
diesel fueling dispenser with two underground storage tanks, and such
tanks may not exceed 15,000 gallons each. Currently, it is the applicant's
intention to develop a convenience store with an attached bank. The
bank is permitted up to three drive-through lanes which will not be
included in the calculation of the building's size. There will be
no fewer than 36 parking spaces. The planned development district
will contain no less than 50% green space. There will be one full-access
curb cut on Route 67 and one full-access curb cut on Luther Forest
Boulevard.
[Amended 5-4-2015 by L.L. No. 3-2015[2]]
[2]
Editor’s Note: This local law provided that it should
take effect six months after the date of filing with the New York
Secretary of State.
(2)
The building is permitted two building signs no greater than
24 square feet each. There is also permitted one freestanding sign
of no greater than 64 square feet, which may be internally illuminated.
F.
Site plan review. Development within this planned development district shall be in accordance with the provisions of this legislation and shall be subject to the site plan review authority of the Town of Malta Planning Board as set forth at Article VI of Chapter 167 of the Malta Town Code. The precise location of the proposed building, signs and other components of construction, as well as the precise building materials, landscaping, lighting, location and precise number of parking spaces, shall be determined through the site plan review process, provided that the minimums and maximums set forth in this legislation are complied with. No building permit shall be issued without final approval of the site plan by the Town Planning Board. The approved site plan shall not be materially inconsistent with the proposed architectural renderings set forth at Appendix C (architectural renderings dated March 22, 2013, titled "Sheet T-1").[3]
[3]
Editor's Note: Appendix C is on file in the Town offices.
G.
Water and sewer service. This planned development district will be
connected to a public water supply and municipal sewer service, 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. Connection of this district to
a public water supply is expected to require installation of approximately
1,000 feet of main from the source along the south side of Route 67
to the planned development district as depicted on Appendix D (map
titled "Saratoga Water Services Maltaville Extension," dated February
3, 2014).[4]
[4]
Editor's Note: Appendix D is on file in the Town offices.
H.
Public benefit.
(1)
The zoning change effectuated by this legislation will necessarily
impact the surrounding residential properties, specifically the developed
portions of Maltaville depicted on Appendix E, Clough Harbor and Associates
Map, dated June 2011, identified as "Figure 7" and entitled "Maltaville
Water Supply Study Surficial Geology," depicting approximately 75
properties.[5] The applicant originally considered ameliorating these impacts by installing a water transmission main to service surrounding properties, but doing so would be disproportionate to the impacts at issue. Therefore, the applicant proposed the payment of $200,000 toward the design, permitting and construction/installation of a water main to such properties. As this sum is roughly proportional to the impacts at issue, the Town finds such payment to appropriately mitigate the impacts of the proposed development and further finds that payment constitutes the public benefit contemplated by Town Zoning Law § 167-26A.
[5]
Editor's Note: Appendix E is on file in the Town offices.
(2)
The applicant will enter into a written agreement with a public
water supplier authorized to deliver water service to such surrounding
properties as a secondary water purveyor. If this supplier requires
federal, state, county or other approvals in order to do so, the applicant
will take all steps reasonable and necessary to assist the supplier
in acquiring such approvals.
(3)
The written agreement will identify the Town as a third-party
beneficiary for purposes of enforcing the use of the applicant's funds
toward future extension of water services in the manner described
in this legislation. The agreement will also indicate upon what circumstances
and conditions the facilities will be extended by the supplier and
provide the Town with the means for determining at what point the
identified circumstances and conditions have been satisfied. The applicant
will provide the written agreement to Town Counsel to confirm that
all required provisions are set forth therein prior to the issuance
of any building permit for this planned development district.
(4)
There are approximately 75 properties within the Maltaville
area to be serviced. Of these properties, it is anticipated that the
applicant's payment will allow for initial extension of water service
to approximately 10 properties. The water main ultimately extended
into Maltaville will be eight inches in diameter and be sufficient
to provide adequate supply for residential use and fire protection
for this area supporting 75 properties.
(5)
In the event the secondary water purveyor does not wish to construct
a water storage tank, it must obtain a waiver to permit water service
extension to Maltaville without construction of any water storage
tank and demonstrate that the Saratoga County Water Authority agrees
to reserve capacity in its system in an amount adequate to provide
for the Maltaville properties serviced by the system. The Town Engineer
will confirm compliance with this provision and absent compliance,
no building permit shall be issued allowing construction within this
planned development district.
(6)
Approximately 1,000 feet of water main must be installed within
Maltaville, and service must be available to all homes adjacent to
this main, prior to the issuance of any building permit within this
planned development district.
I.
Buildings. All buildings shall be constructed in accordance with
New York State Building and Fire Codes.