Town of Malta, NY Zoning Appendix

The boundaries of said planned development shall include, in addition to all lands included therein, the parcel of land as set forth in Schedule A,[1] annexed hereto.

Editor's Note: Schedule A is on file in the Town offices.

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.

The following shall apply to the construction of said five residential dwellings.

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.

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.

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.

All utilities to the subject premises will be installed underground.

The Town of Malta shall be paid the sum of $300 per lot in lieu of setting aside any recreational areas.

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.

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.

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.

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.

Except as amended hereby, or the original legislation, the Malta Zoning Ordinance shall in all respects apply to the subject premises.

(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]

§ 167A-2 (Reserved) [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.

§ 167A-3 Bellevue Gardens Planned Development District No. 3.

[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:

The district under consideration shall be known as the "Planned Development District No. 3 of the Town of Malta."

The total area in square feet shall be listed for each numbered lot.

The proposed central water system shall be controlled by a New York corporation.

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.

The proposed water system shall be installed to the following minimum specifications:

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.

Piping material shall be asbestos cement, PVC and/or copper manufactured in conformance with a nationally approved specification such as ASA or AWWA.

All piping joints shall utilize a mechanically compressed rubber seal type iron fitting, except that the copper may be flare type.

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.

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.

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.

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.

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.

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.

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.

The dwellings shall be completed and ready for occupancy at the rate of five new dwellings minimum per year.

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.

The map of Planned Development District No. 3 shall contain the approval signature of the Supervisor of the Town of Malta.

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.

§ 167A-4 Country Knolls Planned Development District No. 4.

[Adopted 7-16-1971]

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]

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."

The area of said Planned Development District No. 4, Country Knolls, is bounded and described in Exhibit A as follows:

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:

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]

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]

Beginning at a point on the southerly bounds of Beverly Place said point also being the south west corner of a parcel dedicated to the Town of Malta for highway purposes, and proceeding north 82 deg. 30 min. west 700' to a point, thence along the westerly bounds of a subdivision entitled "Bellevue Gardens Map No. 3" as filed in the County Clerks office as Map No. AA - 242 the following 4 courses:

	South 7 deg. 30 min. west	150.00'
	South 36 deg. 15 min, 50 sec. west	195.28'
	South 26 deg. 00 min. west	224.54'
	South 3 deg. 14 min. 20 sec. west	181.84'

to a point on the northerly bounds of lands now or formerly of Costopoulos and along said lands of Costopoulos north 78 deg. 22 min. west 151.75' to a point on the westerly bounds of land now or formerly of Casimir Raylinsky thence along said lands of Raylinsky north 6 deg. 15 min. 15 sec. east 631.98' to a monument located at the south east corner of the lands of the Shenendehowa Central School District and thence along the easterly bounds of said School District north 5 deg. 14 min. 51 sec. east 330.80' to a point thence easterly along the southerly bounds of Roerig and Crandall south 83 deg. 48 min. 08 sec. east 378.35' to the northwest corner of the lands of Miller, thence along said lands of Miller south 7 deg. 30 min. west 206.62' and south 82 deg. 30 min. east 22.00' to a point on the northerly bounds of Beverly Place, thence south 7 deg. 30 min. west 60.00' to the point or place of beginning and containing 6.19 acres more or less.

[Added 3-7-1978 by Ord. No. 3-1978]

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]

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:

Single-family homes: up to 270 units on 200 acres, minimum lot size 17,000 square feet and maximum 40,000 square feet.

Apartments: up to 1,072 on approximately 120 acres.

Commercial development: a convenience center located on approximately 12 acres.

Schools: a public school located on 11 acres.

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.

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.

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.

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]

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]

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]

Saving clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

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]

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]

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]

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]

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]

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]

Calculations must be submitted to the Town Engineer concerning well capacities of the water line.

Proposed water service connections must be approved by the New York State Department of Health.

The proposed sewage collection system must be approved by the New York State Department of Environmental Conservation.

Typical details of hydrants and roadway cross sections must be submitted to the Town Engineers.

The final plans and specifications must be signed and sealed by a professional engineer.

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.

Completion of a gravel road continuing Fairfield Road to Chango Drive.

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."

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]

The proposed water service connections must be approved by the New York State Department of Health.

The proposed sewer collection system must be approved by the New York State Department of Environmental Conservation.

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.

Typical details of hydrants, and roadway cross sections must be submitted to the Town Engineers.

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.

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.

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.

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.

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.

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.

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]

Proposed water service connection must be approved by the New York State Department of Health.

The proposed sewer collection system must be approved by the New York State Department of Environmental Conservation.

All utilities must be underground.

The exterior of the buildings shall be covered with brick and vinyl siding.

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.

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.

A minimum of one acre of recreational area will be provided in the westerly portion of the parcel.

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.

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.

The minimum building setback from Round Lake Road must be 80 feet from the County right-of-way.

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.

The drainage plan for the site must be approved by the Town Engineer.

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.

Construction of 19 single-family dwellings.

[Added 10-3-1994 by Ord. No. 7-1994; amended 12-4-1995]

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."

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]

Editor's Note: Exhibit A is on file in the Town offices.

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.

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.

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.

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.

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.

The developer shall minimize the removal of vegetation where practical, to be approved by the Town of Malta Planning Board.

The developer shall include sufficient landscaping to offset removal of vegetation, to be approved by the Town of Malta Planning Board.

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.

No Sunday construction shall be allowed.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Temporary banking facility.

[Added 3-6-1995 by Ord. No. 2-1995]

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."

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.

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.

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.

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.

Signs for the temporary banking facility shall conform to requirements of the Town of Malta Zoning Ordinance.

Savings clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

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]

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.

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.

The following uses shall be permitted in the Commercial Development Area (also referred to in this PDD as the "convenience center" area):

Grocery store.

Bank; drive-thru for bank only allowed in 2,301 +/- square-foot building.

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.

All other uses allowed in the Exit 11 Hamlet zone, as may be amended from time to time.

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.

Editor's Note: Said exhibit is on file in the Town offices.

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.

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.

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.

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.

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.

Editor's Note: Said exhibit is on file in the Town offices.

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.

Editor's Note: Said exhibit is on file in the Town offices.

Signage.

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.

Editor's Note: Said exhibit is on file in the Town offices.

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:

The Hannaford sign for the front of the store, as depicted in Exhibit F,[7] together with the materials and dimensions provided;

Editor's Note: Said exhibit is on file in the Town offices.

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.

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.

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.

Editor's Note: Said exhibit is on file in the Town offices.

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.

Sunset provision, if construction is not commenced within three years, either for the Malta Mall or the free-standing building.

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.

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.

Editor's Note: Said exhibit is on file in the Town offices.

§ 167A-5 Stewart-Teele Planned Development District No. 5 (Known as "Pine North").

[Adopted 12-3-1974 by Ord. No. 2-1974]

This ordinance shall be known as "Ordinance No. 2 of 1974" and amends the Town of Malta, New York, Zoning Ordinance.

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."

The area of said Planned Development District No. 5, Stewart-Teele Subdivision, Town of Malta, is bounded and described in Subsection D below.

Development and boundaries.

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]

Boundaries.

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:

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.

SUBJECT to all public utility easements and use restrictions of record, if any, affecting said premises.

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.

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.

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.

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.

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.

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.

If any provisions of this ordinance shall be held invalid the remainder of the ordinance shall not be affected thereby.

§ 167A-6 (Reserved) [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.

§ 167A-7 Hearthwood Planned Development District No. 6.

[Adopted 8-3-1976 by Ord. No. 3-1976]

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."

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."

The area of said Planned Development District No. 6, Hearthwood Homes, Inc., is bounded and described as follows:

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.

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:

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.

Rear line setbacks shall be 30 feet and side yard setbacks shall be 15 feet.

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.

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.

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.

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.

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.

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]

Editor's Note: Exhibit A is on file in the Town offices.

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.

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.

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.

Saving clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

(Note: This ordinance was amended by Ordinance No. 1 of 1995 as follows.)

[Added 2-6-1995 by Ord. No. 1-1995]

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."

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]

Editor's Note: Exhibit A is on file in the Town offices.

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.

All utilities including, but not limited to, gas, electric, telephone, etc., shall be serviced by underground pipes, wires and conduits.

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.

The developer shall minimize the removal of vegetation where practical, to be approved by the Town of Malta Planning Board.

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.

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.

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.

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.

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.

The planned development district amendment area shall be for senior citizen residential use only.

If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

As amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.

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.

Construction of 10 townhouse units.

[Added 8-4-2003 by Ord. No. 2-2003]

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.

Editor's Note: Appendices A and B are on file in the Town offices.

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.

Editor's Note: Appendix C is on file in the Town offices.

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.

Editor's Note: Appendix D is on file in the Town offices.

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.

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).

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.

The final site plan and landscaping package shall be reviewed and approved by the Malta Town Planning Board.

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.

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.

Construction of single-family home on certain lot.

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:

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;

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

Driveway access to the parcel shall be from either Cedarwood Drive or Round Lake Road, but there shall not be access from both roadways.

§ 167A-8 Bishop's Square Planned Development District No. 7 (formerly named "Schultz Industrial Planned Development District").

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]

This section is named: Bishop's Square Planned Development District.

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.

The area of said planned development district consists of 21.25 acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] (legal description) attached hereto and made a part hereof.

Editor's Note: Said appendix is on file in the Town offices.

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.

Location of buildings, sidewalks, etc.

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.

Editor's Note: Said appendix is on file in the Town offices.

Editor's Note: Said appendix is on file in the Town offices.

Editor's Note: Said appendix is on file in the Town offices.

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.

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.

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.

In the third development area, the following shall apply to use of individual storage facilities:

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.

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.

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.

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.

Building height; site plan; certificates of occupancy.

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.

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.

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.

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.

Signs.

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.

Editor's Note: Said appendix is on file in the Town offices.

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).

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).

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.

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.

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.

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.

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.

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.

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.

Editor's Note: See Ch. 167, Zoning.

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.

The planned development district shall consist of three areas:

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.

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.

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.

Performance guarantee.

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:

Return of the site to its original condition after clearing and grading should this be deemed necessary by the Planning Board.

The satisfactory completion and maintenance for one year after completion of landscaping on the project site.

In the event that performance guarantees are required, the Planning Board shall determine the time at which they shall be filed/posted.

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.

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.

Editor's Note: Said appendix is on file in the Town offices.

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.

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.

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.

All provisions of the Malta Town Code, including the Zoning Law,[8] not expressly superseded or modified by an inconsistent provision included in this section shall be in full force and effect and shall be enforceable by the Town.

§ 167A-9 Exit 13 Southwest Planned Development District No. 7A (also known as "Ed Shepherd Planned Development District").

Editor's Note: See Ch. 167, Zoning.

(NOTE: Planned Development District No. 7 (later changed to 7A) was created at a special meeting of the Malta Town Board on December 27, 1972. A motion was made and passed unanimously creating this planned development district. A copy of the ordinance can not be found, only the petition for planned development district notarized on November 21, 1972. The original ordinance has been amended several times. The following document is a compilation of all the amendments and the petition.)

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]

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]

The area of this Planned Development District 7, being the property of Edward Shepherd, is bounded and set forth as shown on Exhibit A,[1] attached hereto and made a part hereof.[2]

Editor's Note: Exhibit A is on file in the Town offices.

Editor's Note: Certain property of the PDD was deleted 10-17-2000.

(Reserved)[3]

Editor's Note: Former Subsection B(2), regarding an amendment to the PDD pursuant to an application from the Disabled Citizens Development Corporation, was repealed 10-17-2000.

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]

Editor's Note: Appendix A is on file in the Town offices.

Permitted uses; addition.

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]

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]

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]

Savings clause. If any provision of this ordinance shall be held invalid the remainder of the ordinance shall not be affected thereby.

(Reserved)[5]

Editor's Note: Former Subsection F, regarding the application by the Disabled Citizens Development Corporation to amend PDD 7A, added 8-7-1993 by Ord. No. 10-1993, was repealed 10-17-2000.

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]

(Reserved)[6]

Editor's Note: Former Subsection H, regarding the conditions to amendments to PDD 7A, added 9-7-1993 by Ord. No. 10-1993, was repealed 10-17-2000.

Addition on existing building.

[Added 11-3-1997 by Ord. No. 14-1997]

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]

Editor's Note: Appendix A is on file in the Town offices.

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.

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.

No buses will be allowed to be parked in the area set forth on the annexed Appendix A.

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.

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:

The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.

The satisfactory completion and maintenance for one year after completion of landscaping in the planned development district.

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.

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.

Editor's Note: Appendix B is on file in the Town offices.

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.

Extension of permitted use.

[Added 3-7-2011 by L.L. No. 2-2011]

An additional vehicle storage lot is hereby permitted to be built on lands described as Tax Map Number 204.-3-29.2.

Construction will be undertaken in accordance with a site plan approved by the Malta Planning Board.

Owners of the above described land will maintain and preserve the existing vegetative buffers to the greatest extent practicable.

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.

§ 167A-10 Grand Prix Motel Planned Development District No. 8.

[Adopted 8-3-1976 by Ord. No. 4-1976]

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."

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."

The area of said Planned Development District No. 8, Grand Prix Motel, is bounded and described as follows:

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.

Development.

[Amended 9-5-1978]

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.

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.

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.

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.

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.

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.

Saving clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

§ 167A-11 Luther Forest Planned Development District No. 9.

[Adopted by Ord. No. 4-1977]

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."

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."

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.

Editor's Note: Appendix A and B are on file in the Town offices.

Development.

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.

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.

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.

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.

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.

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.

The planned development district shall contain permitted uses and uses requiring special consideration as shown on the schedule of such set forth in Appendix B[2] of this ordinance.

Editor's Note: Appendix B is on file in the Town offices.

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.

Editor's Note: See Ch. 89, Fire Prevention and Building Construction, and Ch. 143, Subdivision of Land.

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.

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.

Editor's Note: Appendixes A and B are on file in the Town offices.

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.

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.

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.

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.

Editor's Note: Appendix B is on file in the Town offices.

Site plan review procedure.

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.

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 legal description of the total site included in the area proposed to be developed.

A statement of the planning objectives to be achieved.

Development of a schedule of staging within such module of staging.

A statement of the developer's intention with regard to selling or leasing of the units within the district.

Quantitative data for consideration, including the following:

Total number and type of dwelling units or other proposed use.

Each parcel size.

Proposed lot coverage of buildings and structures.

Approximate gross and net residential densities.

Total amount of open space including a separate estimate of usable open space.

Total amount of nonresidential construction.

The developer shall submit with his preliminary development plan supporting maps showing:

Existing site conditions, including contours at two-foot intervals.

Proposed lot lines and plot designs.

Location and floor area of proposed buildings and improvements which shall have a minimum of 800 square feet.

Size of all existing and proposed building structures and other improvements.

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.

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.

Existing and proposed utility systems, including sewer, storm sewers, water, electric, gas and telephone lines.

General landscape plans.

Information on the land area adjacent to the area to be developed.

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.

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.

Final development plan.

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:

Violate any provision of this ordinance.

Vary the lot area requirement by more than 10%.

Involve a reduction of more than 2% of the area reserved for the common open space or usable open space.

Increase the floor area proposed for nonresidential use by more than 10%.

Increase the total ground area covered by buildings by more than 5%.

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.

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]

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]

Approval of Residential Subdivision No. 7.

[Amended 9-3-1985]

The Luther Forest Residential Subdivision No. 7 is approved by the Town Board of the Town of Malta upon the following considerations:

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.

That all utilities will be located underground.

That the units in question be serviced by the County's sewer system, and by the centralized water system located in The Luther Forest.

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.

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.

Editor's Note: Schedule A is on file in the Town offices.

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.

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.

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]

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.

The issues of Clough, Harbour & Associates, correspondence of March 15, 1994, be resolved.

That all utilities be located underground.

That the units in question be serviced by the Saratoga County Sewer System, and by the centralized water system located in The Luther Forest.

That, in light of the parkland being dedicated to the Town, no park fee will be collected.

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.

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.

No certificate of occupancy will be issued in said subdivision until acceptable certification of final flow tests are filed with the Town Building Department.

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.

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]

§ 167A-12 Petar Planned Development District No. 10 (also known as "Scott Acres").

[Adopted 8-1-1978 by Ord. No. 3-1978]

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."

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."

Boundaries.

[Amended 10-6-1992 by Ord. No. 4-1992]

The area of said Planned Development District No. 10, Petar Planned Development District, is bounded and described as follows:

	All that certain parcel of land situated in the Town of Malta, County of Saratoga and State of New York, lying westerly of Van Aernem Road and being more particularly bounded and described as follows:
	BEGINNING at a point in the westerly bounds of Van Aernem Road at its intersection with the northerly line of lands conveyed to Frank and Franka Petar in Book 945 of Deeds at Page 931; thence from said point of beginning along Van Aernem Road, southerly a distance of about 265 feet to a point in the south bounds of a proposed street; thence along said south bounds westerly a distance of about 363 feet to a point; thence southerly a distance of about 200 feet to a point; thence westerly a distance of about 410 feet to the southeast corner of lands conveyed to Frank and Franka Petar in Book 969 of Deeds at Page 73; thence along said bounds the following three courses:
	1)	Westerly a distance of about 400 feet to a point;
	2)	Northerly a distance of about 660 feet to a point;
	3)	Westerly a distance of about 250 feet to a point in the center of an existing gas line easement; thence through lands of said Petar and along said gas line, northeasterly a distance of about 890 feet to a point in the northerly bounds of said Book 969 of Deeds at Page 73; thence along said bounds, easterly a distance of about 45 feet to a point and southerly a distance of about 824 feet to a point at the northeast corner of lands conveyed to Frank and Franka Petar in Book 945 of Deeds at Page 931 together with a portion of lands conveyed to said Petar in Book 910 of Deeds at Page 560 and in Book 892 of Deeds at Page 563.

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]

Editor's Note: Said maps are on file in the Town offices.

Development.

[Amended 10-6-1992 by Ord. No. 4-1992]

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.

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.

Additional costs.

[Amended 10-6-1992 by Ord. No. 4-1992]

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.

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.

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.

Development in sections; lot size and configuration.

[Amended 10-6-1992 by Ord. No. 4-1992]

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.

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.

Road construction; lot requirements.

[Amended 10-6-1992 by Ord. No. 4-1992]

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.

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.

Saving clause. If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

§ 167A-13 Eckerd Drug Store Planned Development District No. 10A.

[Adopted 11-6-1980 by Ord. No. 4-1980; amended in its entirety 6-7-2004 by Ord. No. 1-2004]

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.

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]

Editor's Note: The Zoning Map is on file in the Town offices.

The area of the planned development district consists of 7.939 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A,[2] attached hereto and made a part hereof.

Editor's Note: Appendix A is on file in the Town offices.

Development areas.

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.

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.

Development requirements and construction specifications; site plan; certificate of occupancy.

The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix A.

The developer shall provide five-foot concrete sidewalks along both Round Lake Road and Raylinsky Road as depicted on Appendix A.

The dumpster shall be located as depicted on Appendix A, and shall be screened with a fence as depicted on Appendix A.

There shall be a copper roof on the building and peaks as depicted on Appendix B.[3]

Editor's Note: Appendix B is on file in the Town offices.

The building shall have brick siding, as depicted on Appendix B.

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.

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.

The stormwater management plan shall be constructed in compliance with the plans attached hereto as Appendix C.[4]

Editor's Note: Appendix C is on file in the Town offices.

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.

Editor's Note: Appendix D is on file in the Town offices.

Setbacks shall be set pursuant to Appendix A.

Landscaping shall be completed in conformance with the landscaping package attached hereto as Appendix E.[6]

Editor's Note: Appendix E is on file in the Town offices.

There shall be no construction on Sundays.

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.

The parking lot lighting shall be high-pressure sodium, down lit with no more than one average footcandle power. Recessed lighting shall be provided in the drive-through. There shall be no wall packs. See Appendix F.[7]

Editor's Note: Appendix F is on file in the Town offices.

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.

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.

Signs.

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.

Editor's Note: Appendix G is on file in the Town offices.

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.

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.

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.

Storage. No outside storage of any products or equipment shall be permitted on the subject premises after final construction is completed.

Uses. Retail drugstore with a two-lane drive-through window as depicted on Appendix A.

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 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:

The satisfactory completion and maintenance for one year after completion of landscaping on the project site; and/or

Satisfactory completion of the stormwater management system and required infrastructure items.

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.

Editor's Note: Appendix H is on file in the Town offices.

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.

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.

(Reserved)

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.

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.

§ 167A-14 Tanski Planned Development District No. 11.

[Adopted 9-7-1982 by Ord. No. 2-1982]

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."

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."

The area of said "Planned Development District No. 11, Tanski Planned Development District, Town of Malta, is bounded and described as follows:

	ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and improvements thereon erected, situate, lying and being in the Town of Malta, Saratoga County and State of New York, bounded and described as follows, to wit: Being parts of Lots No. One and Two of the subdivision of Lot No. Nine in the fifth allotment of the Patent of Kayderosseras and is bounded as follows:
	BEGINNING at the northeast corner of Lot No. One of said subdivision thence running east along the north bounds of said Lot No. Nine twenty-eight chains and thirty-four links to a stake and stones, thence south along the west bounds of land in possession of Erastus McKinney forty-seven chains and fifty links to a stake and stones standing in the north bounds of Lot No. Eight of said allotment, thence west along the same to the middle of the creek called the outlet of the Ballston or Long Lake, thence up said creek, and northerly along the east bounds of lands in possession of Timothy Riggs and James Clark to the place of beginning.
	EXCEPTING AND RESERVING from the above-described parcel the premises previously conveyed by Mary C. Allen and Everett W. Allen, her husband, to Ella VanVranken, by Warranty Deed dated September 23, 1885, and recorded in the Saratoga County Clerk's office on September 23, 1885, in Book 170 of Deeds at page 441; the premises previously conveyed by James Anderson to Hudson Valley Railway Company by Warranty Deed dated November 21, 1901, and recorded in the Saratoga County Clerk's office on November 22, 1901, in Book 233 of Deeds at page 394; the premises previously conveyed by James Anderson and Blanche H. Anderson to George W. Young and Ella J. Young, as husband and wife, by Warranty Deed acknowledged July 4, 1921, and recorded in the Saratoga County Clerk's office on July 9, 1921, in Book 314 of Deeds at page 269. Containing about 38 plus or minus acres. Being the same premises conveyed by Edgar J. Bitz and Charles I. Miller to Eric R. Tanski and Eva M. Tanski, his wife, by deed dated December 23, 1981, and recorded in the Saratoga County Clerk's office on January 6, 1982, in Book 1026 of Deeds at page 399.

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.

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.

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.

There shall be a minimum setback of 70 feet for all dwellings to be constructed on the above-described parcel.

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.

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.

Savings clause. If any provision of this ordinance shall be invalid, the remainder of the ordinance shall not be affected thereby.

§ 167A-15 Malta Gardens Planned Development District No. 13.

[Adopted 9-7-1983 by Ord. No. 4-1983]

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.

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."

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."

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.

Editor's Note: Appendix A is on file in the Town offices.

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.

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.

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.

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.

Construction approval; additional requirements.

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 statement of the objectives to be achieved.

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.

Submission of information of existing and proposed utility systems, including sewers, storm sewers, water, electric and telephone lines.

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.

Editor's Note: Appendix B is on file in the Town offices.

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.

After completion of all authorized mobile home lots, the developer may petition for additional uses permitted within the planned development district.

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.

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]

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.

That the applicant receive approval from the New York State Department of Transportation for the proposed driveway openings on Route 9.

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.

That the lighting scheme on the subject premises be submitted to Clough, Harbour & Associates, the Town Engineers, and be approved by them.

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.

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]

That the Saratoga County Planning Board approve the plans and specifications submitted.

Repealer; approval of additional construction.

[Added 5-3-1988]

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.

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:

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.

All applicable requirements of the original legislation will be applicable to the construction of said additional 115 mobile home lots and 40 apartment units.

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.

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.

Roads will be of sufficient width, and/or parking will be restricted, so that emergency vehicles may easily negotiate the roads.

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.

No construction of any kind will take place within 300 feet of the pavement of the Adirondack Northway.

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."

No building permits will be issued until such time as the developer has completed the proposed stockade fence as shown on the conceptual site plan[3] herein at the southeast corner of this project.

Editor's Note: The conceptual site plan is on file in the Town offices.

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.

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."

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.

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]

That all utilities be located underground.

That access to the subject parcels be from Knabner road, and not from Unites States Route 9.

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.

No building permit shall be issued until a landscaping bond, in an amount acceptable to the Town Engineers, is posted with the Town.

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.

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]

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.

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.

All utilities to and within the subject premises shall be installed underground.

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.

No siren will be located on the proposed premises.

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.

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]

Editor's Note: Appendix P is on file in the Town offices.

§ 167A-16 Northway Mobile Estates Planned Development District No. 13A.

[Adopted 1-2-1985 by Ord. No. 2-1985]

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."

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."

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.

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]

Editor's Note: The legal description of the boundary changes are on file in the Town offices.

Editor's Note: Exhibit A is on file in the Town offices.

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.

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).

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.

Telecommunications structure.

[Added by Res. No. 125-1996]

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.

Editor's Note: Exhibit A is on file in the Town offices.

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.

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.

In no event will said structure be used as anything other than telecommunications. No form of advertising will be allowed on said structure.

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:

Respond within 90 days to a request for information from a potential shared-use applicant.

Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.

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.

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.

Editor's Note: Exhibit A is on file in the Town offices.

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.

2009 amendments.

[Added 1-5-2009 by L.L. No. 2-2009]

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.

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]

Editor's Note: Appendix AA is on file in the Town offices.

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.

Development requirements and construction specifications; site plan; certificate of occupancy.

The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix AA.

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.

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.

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.

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.

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.

Setback.

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.

The setback from each structure shall be 15 feet.

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.

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.

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:

The required sidewalk, as set forth above;

Satisfactory completion of the stormwater management system and required infrastructure items, and other items identified by the Planning Board during site plan review.

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.

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.

§ 167A-17 CWIRKO Planned Development District No. 13B.

[Adopted 5-6-1986 by Ord. No. 2-1986]

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."

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.

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.

Editor's Note: Appendix A is on file in the Town offices.

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.

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.

There shall be a minimum front yard setback of 70 feet for all dwellings to be constructed on the above-described premises.

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.

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.

Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall in all respects apply to the subject premises.

No commercial uses shall be permitted in Planned Development District No. 13B, Cwirko Planned Development District, Town of Malta, Saratoga County, New York.

If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

§ 167A-18 (Reserved) [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.

§ 167A-19 Cramer Road Planned Development District No. 14.

[Adopted 8-6-1985 by Ord. No. 3-1985]

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."

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.

Editor's Note: Exhibit A is on file in the Town offices.

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.

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.

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.

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.

Editor's Note: See Ch. 89, Fire Prevention and Building Construction, and Ch. 143, Subdivision of Land.

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.

If any provision of this ordinance shall be invalid, the remainder of the ordinance shall not be affected thereby.

§ 167A-20 Adirondack Deck Planned Development District No. 14A.

[Adopted 9-2-1986 by Ord. No. 5-1986]

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."

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."

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.

Editor's Note: Appendixes A and B are on file in the Town offices.

Uses.

[Amended 5-5-1992]

Authorization to construct structures; movement of existing building.

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.

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.

Use of existing building.

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:

Low-impact industrial manufacturing.

Low-impact industrial warehousing.

Low-impact industrial services.

Office space associated with the three uses set forth above.

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]

All buildings constructed shall have a setback of at least 80 feet from Route 9.

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.

All utilities shall be installed underground.

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]

Editor's Note: Appendix B is on file in the Town offices.

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.

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.

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.

§ 167A-21 Eric Tanski Planned Development District No. 15 (known as "Caryle Court").

[Adopted 12-2-1986 by Ord. No. 8-1986]

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."

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."

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.

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.

[Amended 10-6-1987]

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.

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.

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.

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.

The Town of Malta shall be paid the sum of $150 per lot in lieu of setting aside any recreational areas.

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.

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.

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.

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.

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.

Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.

No commercial uses shall be permitted in the Eric Tanski Planned Development District, Town of Malta, Saratoga County, New York.

If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

§ 167A-22 Bruce Tanski Planned Development District No. 16 (known as "Caryle Court").

[Adopted 12-2-1986 by Ord. No. 9-1986]

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."

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."

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.

The Town of Malta shall be paid the sum of $150 per lot in lieu of setting aside any recreational areas.

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.

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.

Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.

No commercial uses shall be permitted in the Eric Tanski planned development district, Town of Malta, Saratoga County, New York.

If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

§ 167A-23 (Reserved) [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.

§ 167A-24 (Reserved) [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.

§ 167A-25 (Reserved) [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.

§ 167A-26 Laurel Acres Planned Development District No. 20.

[Adopted 5-3-1988 by Ord. No. 3-1988]

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."

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."

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.

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.

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.

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.

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.

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.

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.

Editor's Note: See Ch. 143, Subdivision of Land.

The Town of Malta shall be paid the sum of $200 per lot in lieu of setting aside any recreational areas.

The developer shall provide at least four trees per lot developed hereunder.

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.

Any utilities to the subject premises shall be installed underground.

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.

No commercial uses shall be permitted in this planned development district.

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.

Except as herein amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.

If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

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.

§ 167A-27 Knolls Eleven Planned Development District No. 21.

[Adopted 11-29-1988 by Ord. No. 7-1988]

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."

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."

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.

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.

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.

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.

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.

All utilities including but not limited to gas, electric, etc., shall be serviced by underground pipes, wires and conduits.

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.

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."

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.

The Town of Malta Planning Board shall establish minimum landscaping requirements for each lot.

The developer shall minimize the removal of vegetation where practical (to be approved by the Planning Board).

The developer shall include sufficient landscaping to offset removal of vegetation (to be approved by the Planning Board).

The developer shall design and construct roadways and other infrastructure components in accordance with the Subdivision Regulations.[1]

Editor's Note: See Ch. 143, Subdivision of Land.

No Sunday construction shall be allowed.

A soil conservation plan shall be submitted by the developer at the site plan approval stage (to be approved by the Planning Board).

The construction schedule shall minimize interference with both existing and new adjacent dwellings (to be approved by the Planning Board).

The water system shall be looped through the Hearthwood Development to enhance the system.

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.

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.

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.

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.

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.

Easements shall be granted for all drainage structures (pipes, swales or catch basins) which do not fall within a proposed right-of-way.

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).

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.

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.

§ 167A-28 State Farm Mutual Automobile Insurance Company Planned Development District No. 22.

[Adopted 2-6-1990 by Ord. No. 4-1990]

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.

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."

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.

Editor's Note: Appendix A is on file in the Town offices.

Editor's Note: Appendix B is on file in the Town offices.

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:

Initial phase.

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.

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]

Editor's Note: Appendix B is on file in the Town offices.

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:

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.

New York Route 67 and State Farm east entrance:

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.

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.

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.

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.

New York Route 67 and New York Route 50: The eastbound and westbound left-turn lanes will be marked or signed.

No certificate of occupancy will be issued until all of the above traffic mitigation measures have been completed.

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.

Site expansion phase.

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]

Editor's Note: Appendix B is on file in the Town offices.

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.

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]

The service-oriented uses allowed at 10 State Farm Place are as follows:

Bank;

Business office;

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.

Unless otherwise defined herein, the definitions for these uses are found in the Town of Malta Code § 167-2.

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.

Editor's Note: Appendix B is on file in the Town offices.

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.

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.

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.

Editor's Note: See Ch. 143, Subdivision of Land.

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.

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.

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]

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.

All utilities shall be installed underground.

Signs.

[Amended 5-3-2010 by L.L. No. 5-2010]

All signs within the district shall comply with the commercial portion of the Sign Ordinance.[7]

Editor's Note: See § 167-27, Signs.

The signs allowed for 10, 25 and 40 State Farm Place shall be as follows:

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.

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]]

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.

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]

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.

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.

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.

Granting of easements.

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.

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.

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.

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]

§ 167A-29 Brownell Farms Planned Development District No. 23.

[Adopted 7-3-1990 by Ord. No. 7-1990]

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."

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."

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]

Editor's Note: Schedule A is on file in the Town offices.

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.

Editor's Note: Exhibit A is on file in the Town offices.

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.

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.

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.

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.

Editor's Note: Schedule A is on file in the Town offices.

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.

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.

Editor's Note: See Ch. 143, Subdivision of Land.

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.

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.

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.

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.

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.

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.

Editor's Note: Schedule A is on file in the Town offices.

Conservation easement.

[Amended 12-5-1994 by Ord. No. 8-1994]

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.

Editor's Note: Schedule B is on file in the Town offices.

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.

The right to acquire:

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;

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;

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

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.

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.

No vegetation shall be disturbed in the areas designated "fifteen-percent slopes," defined for the purposes hereof to mean a slope of 15% or more, as set forth in the annexed Schedule A.[7]

Editor's Note: Schedule A is on file in the Town offices.

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.

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.

No driveway on any cul-de-sac in the planned development district shall be wider than 12 feet at the curb cut.

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]

Editor's Note: Schedule B is on file in the Town offices.

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."

Editor's Note: Exhibit A is on file in the Town offices.

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.

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.

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.

§ 167A-30 Edgewood Estates Planned Development District No. 24.

[Adopted 7-7-1992 by Ord. No. 3-1992]

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."

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."

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."

Editor's Note: Schedule A is on file in the Town offices.

Editor's Note: Schedule B is on file in the Town offices.

Number of lots; lot requirements.

[Amended 10-7-1996]

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.

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.

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.

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.

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.

The improvements to be constructed within the planned development district shall be constructed in one phase.

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.

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]

Editor's Note: See Ch. 143, Subdivision of Land.

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.

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.

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.

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.

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.

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.

No driveway on any road in the planned development district shall be wider than 18 feet at the curb cut.

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.

Editor's Note: Schedule C is on file in the Town offices.

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.

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.

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.

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.

§ 167A-31 (Reserved) [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.

§ 167A-32 Parker Planned Development District No. 26.

[Adopted 5-3-1993 by Ord. No. 3-1993]

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."

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."

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.

Editor's Note: Schedule A is on file in the Town offices.

Editor's Note: Schedule B is on file in the Town offices.

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.

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.

"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.

The improvements to be constructed within the planned development district shall be constructed in one phase.

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.

Editor's Note: See Ch. 143, Subdivision of Land.

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.

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.

No commercial uses shall be permitted in this planned development district.

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.

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.

The applicant shall, by quit-claim deed, deed the land from the property line of the applicant to the property line of the property owned by the Town of Malta, as set forth on the annexed Schedule A.[4]

Editor's Note: Schedule A is on file in the Town offices.

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.

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.

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.

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.

§ 167A-33 Woodfield Planned Development District No. 27.

[Adopted 7-6-1993 by Ord. No. 8-1993]

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.

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."

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]

Editor's Note: Said appendix is on file in the Town offices.

Development requirements; transportation improvements.

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]

Editor's Note: Said appendix is on file in the Town offices.

Editor's Note: Said appendix is on file in the Town offices.

Editor's Note: Said appendix is on file in the Town offices.

Editor's Note: Said appendix is on file in the Town offices.

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]

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]

Residential portions of planned development district.

[Amended 8-19-2013 by L.L. No. 6-2013]

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]

Editor's Note: Said appendix is on file in the Town offices.

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]

Editor's Note: Said appendix is on file in the Town offices.

Site plan; certificates of occupancy.

[Amended 8-19-2013 by L.L. No. 6-2013]

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]

Editor's Note: Said appendix is on file in the Town offices.

Editor's Note: Said appendix is on file in the Town offices.

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]

Editor's Note: Said appendix is on file in the Town offices.

Editor's Note: Said appendix is on file in the Town offices.

Editor's Note: Said appendix is on file in the Town offices.

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.

Except as herein provided, all signs within this planned development district shall comply with the standards set forth in attached Appendix E.[13]

Editor's Note: Said appendix is on file in the Town offices.

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.

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.

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]

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]

Uses.

Except as hereinafter provided, the uses permitted within the mixed use portion of the planned development district shall be: personal service shop; professional office: business office or bank; restaurant (except for any fast-food restaurant) and retail business, all as defined in the Town of Malta Zoning Ordinance, provided that amusement/video arcades, gas stations, laundromats and car washes shall not be permitted. Multi-family residential uses such as condominiums, apartments and multiple dwelling units containing three or more dwelling units shall also be permitted, all as defined in the Town of Malta Zoning Ordinance,[14] provided that hotels, motels, bed and breakfasts, nursing homes, senior housing and boarding houses shall not be permitted.

[Amended 8-19-2013 by L.L. No. 6-2013; 10-5-2015 by L.L. No. 7-2015]

[14]

Editor's Note: See Ch. 167, Zoning.

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.

Performance bonds or letters of credit.

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:

Return of the site to its original condition after clearing and grading should this be deemed necessary by the Planning Board.

The satisfactory completion of the roads and other infrastructure for the project.

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]

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.

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.

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]

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.

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]

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.

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.

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.

§ 167A-34 Bellassai Planned Development District No. 28.

[Adopted 7-6-1993 by Ord. No. 9-1993]

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."

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."

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.

Editor's Note: Schedule A is on file in the Town offices.

Editor's Note: Schedule B is on file in the Town offices.

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.

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.

Building envelopes for each individual lot will be determined by the Planning Board at site plan review; provided, however, that the front setback shall be as set forth on the annexed Schedule A.[3]

Editor's Note: Schedule A is on file in the Town offices.

The improvements to be constructed within the planned development district shall be constructed in one phase.

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.

Editor's Note: See Ch. 143, Subdivision of Land.

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.

Editor's Note: Original Section XVIII was repealed 11-4-1998.

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.

No commercial uses shall be permitted in this planned development district.

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.

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.

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]

Editor's Note: Original Section XVIII, regarding conservation easements, which immediately followed this subsection, was repealed 11-4-1998.

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.

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.

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.

§ 167A-35 Crandall Planned Development District No. 29.

[Adopted 10-3-1994 by Ord. No. 6-1994]

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."

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."

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]

Editor's Note: Schedule A is on file in the Town offices.

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.

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.

Building envelopes for each individual lot will be dtermined by the Planning Board at site plan review.

The improvements to be constructed within the planned development district shall be constructed in one phase.

Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board during the site plan review process.

Any utilities in the subject premises shall be installed underground.

No commercial uses shall be permitted in this planned development district.

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.

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.

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.

§ 167A-36 Stone Planned Development District No. 30.

[Adopted 5-1-1995 by Ord. No. 4-1995]

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."

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]

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.

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.

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.

The developer shall minimize the removal of vegetation where practical, to be approved by the Town of Malta Planning Board.

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.

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.

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.

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.

If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.

As amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.

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.

A sign may be erected and lighted in conformance with the annexed Exhibit AA.[1]

[Added 2-2-2009 by L.L. No. 3-2009]

Editor's Note: Exhibit AA is on file in the Town offices.

§ 167A-37 Legend Planned Development District No. 31.

[Adopted 12-17-1996 by Ord. No. 5-1996]

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."

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."

Editor's Note: Schedule A is on file in the Town offices.

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.

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.

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.

"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.

Editor's Note: Schedule A is on file in the Town offices.

The improvements to be constructed within the planned development district shall be constructed in one phase.

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.

Editor's Note: See Ch. 143, Subdivision of Land.

Editor's Note: Schedule A is on file in the Town offices.

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.

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.

No commercial uses shall be permitted in this planned development district.

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.

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.

This ordinance shall take effect 10 days after the approval of the Town of Malta as required by law.

§ 167A-38 Highpointe at Malta Planned Development District No. 32.

[Adopted 5-22-1997 by Ord. No. 7-1997]

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.

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."

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").

Editor's Note: Appendix A is on file in the Town offices.

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]

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.

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.

Editor's Note: Said appendices are on file in the Town offices.

Editor's Note: Appendix B is on file in the Town offices.

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.

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.

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.

Editor's Note: Appendix C is on file in the Town offices.

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.

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.

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.

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.

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.

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.

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]

Editor's Note: Appendix A is on file in the Town offices.

Development and lot requirements.

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.

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.

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.

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.

Site plan; certificate of occupancy.

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]

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.

Editor's Note: Appendix A is on file in the Town offices.

Editor's Note: Appendix E is on file in the Town offices.

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.

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.

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.

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.

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.

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.

Uses.

The uses permitted within the commercial parcel shall be: personal service shop, professional, medical or general business office; or day-care facility.

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]

Editor's Note: Exhibit A is on file in the Town offices.

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.

Performance bonds or letters of credit.

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:

The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.

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.

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.

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.

Editor's Note: Appendix E is on file in the Town offices.

Editor's Note: Appendix A is on file in the Town offices.

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.

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.

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.

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.

Editor's Note: Appendix F is on file in the Town offices.

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.

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.

§ 167A-39 Just for Trucks Planned Development District No. 33.

[Adopted 5-22-1997 by Ord. No. 10-1997; amended 1-4-2010 by L.L. No. 1-2010]

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.

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."

The area of the planned development district consists of 8.737 plus or minus acres in the Town of Malta and is bounded and described as set forth in Exhibit B.[1]

Editor's Note: Exhibit B is on file in the Town offices.

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.

Editor's Note: Exhibit C is on file in the Town offices.

Editor's Note: Exhibit A is on file in the Town offices.

Editor's Note: Exhibit G is on file in the Town offices.

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.

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.

Editor's Note: Exhibit A is on file in the Town offices.

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.

Editor's Note: Exhibit G is on file in the Town offices.

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.

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.

Performance bonds or letters of credit.

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:

The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.

The satisfactory completion and maintenance for one year after completion of landscaping in the planned development district.

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.

Editor's Note: Exhibit F is on file in the Town offices.

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]

Editor's Note: Exhibit A is on file in the Town offices.

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.

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.

§ 167A-40 Stewart's Ridge Planned Development District No. 34.

[Adopted 9-17-1997 by Ord. No. 12-1997]

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.

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."

The area of the planned development district consists of 18.63 plus or minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] attached hereto and made part hereof.

Editor's Note: Appendix A is on file in the Town offices.

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.

Editor's Note: Appendix B is on file in the Town offices.

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.

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.

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.

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.

Editor's Note: Appendix C is on file in the Town offices.

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.

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.

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.

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:

The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.

The satisfactory completion and maintenance for one year after completion of landscaping in the planned development district.

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.

Editor's Note: Appendix E is on file in the Town offices.

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.

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.

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.

§ 167A-41 (Reserved) [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.

§ 167A-42 Burton Meadows Planned Development District No. 36.

[Adopted 12-1-1997 by Ord. No. 16-1997]

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.

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."

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").

Editor's Note: Appendix A is on file in the Town offices.

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:

Forty-four lots for single-family residences ("single-family lots") all substantially as shown on Appendix A.

The project will be developed with an anticipated build-out schedule of three years. The build-out and number of homes will be driven by market demand and absorption rate.

Construction and lot requirements.

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.

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.

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.

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.

Editor's Note: Appendix A is on file in the Town offices.

All utilities shall be installed underground.

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.

Performance bonds or letters of credit.

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.

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.

Editor's Note: Appendix B is on file in the Town offices.

Editor's Note: Appendix A is on file in the Town offices.

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.

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.

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.

Editor's Note: Appendix C is on file in the Town offices.

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.

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.

§ 167A-43 (Reserved) [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.

§ 167A-44 Captain Youth Home Planned Development District No. 38.

[Adopted 11-9-1999 by Ord. No. 6-1999]

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.

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."

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]

Editor's Note: Exhibit A is on file in the Town offices.

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.

Editor's Note: Exhibit B is on file in the Town offices.

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.

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.

No site plan review will be required for the buildings and operations approved by this planned development district at this time.

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.

Editor's Note: Exhibit C is on file in the Town offices.

The utilities serving the planned development district are hereby approved as they currently exist, except as herein set forth.

§ 167A-45 Knolls Edge Planned Development District No. 39.

[Adopted 5-1-2000 by Ord. No. 2-2000]

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."

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."

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]

Editor's Note: Exhibit A is on file in the Town offices.

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.

Editor's Note: Exhibit B is on file in the Town offices.

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.

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.

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.

All utilities, including, but not limited to, gas, electric, etc., shall be serviced by underground pipes, wires and conduits.

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."

The Town of Malta Planning Board shall establish minimum landscaping requirements for each lot.

The developer shall design and construct roadways and other infrastructure components in accordance with the subdivision regulations and as shown on Exhibit B attached hereto.[3]

Editor's Note: Exhibit B is on file in the Town offices.

No Sunday construction shall be allowed.

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).

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.

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.

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]

Editor's Note: Exhibit C is on file in the Town offices.

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.

Editor's Note: Exhibit B is on file in the Town offices.

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.

Easements shall be granted for all drainage structures (pipes, swales or catch basins) which do not fall within a proposed right-of-way.

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.

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.

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.

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.

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.

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.

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.

§ 167A-46 Caro Planned Development District No. 40.

[Adopted 6-13-2000 by Ord. No. 4-2000]

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.

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."

The area of the planned development district consists of 22.69 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A[1] attached hereto and made part hereof.

Editor's Note: Appendix A is on file in the Town offices.

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]

Editor's Note: Appendix B is on file in the Town offices.

Construction specifications.

The developer shall construct the project generally in accordance with the approved concept plan, annexed hereto (Appendix B).[3]

Editor's Note: Appendix B is on file in the Town offices.

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.

Development requirements; site plan; subdivisions; certificates of occupancy.

[Amended 1-6-2014 by L.L. No. 1-2014]

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.

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.

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.

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]

Editor's Note: Appendix C is on file in the Town offices.

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.

Editor's Note: Appendix D is on file in the Town offices.

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.

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.

All utilities shall be installed underground.

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]

Uses.

[Amended 5-2-2011 by L.L. No. 5-2011; 7-2-2012 by L.L. No. 9-2012]

The following uses shall be allowed as of right in the district:

Drive-in movie theater.

Professional office.

Furniture store.

Wholesale business.

Business office.

Technology or research office.

Educational and training facility.

Post office.

Open-air market.

Sales and service of power sports equipment.

[Added 1-6-2014 by L.L. No. 1-2014]

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]

The following uses are permitted in the district only when a special use permit is obtained pursuant to Town Code § 167-38.1:

Retail business.

Fitness center.

Day-care center.

Recreation facility.

Laboratory.

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]

EDUCATION AND TRAINING FACILITY

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.

POST OFFICE

A facility principally devoted to the posting, receipt, sorting, handling and transmission of mail.

POWER SPORTS EQUIPMENT

Off-road all-terrain vehicles, motorcycles, snowmobiles, personal watercraft, jet boats, generators, pressure washers, pumps, trailers, and related power sports parts and equipment.

[Added 1-6-2014 by L.L. No. 1-2014]

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, including but not limited to the following: the satisfactory completion and maintenance for one year after completion of landscaping on the project site.

The Planning Board shall determine the time at which the developer shall file such bonds.

The items outlined in the letter from the Malta Ridge Volunteer Fire Company, annexed hereto as Appendix E,[6] shall be included within the planned development district, with the exception of Paragraph F thereof.

Editor's Note: Appendix E is on file in the Town offices.

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]

Editor's Note: Appendix F is on file in the Town offices.

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]

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]

Editor’s Note: Appendix G is a file in the Town offices.

All existing and new utilities shall be located underground.

[Added 5-7-2007 by L.L. No. 7-2007]

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]

Open air market.

[Added 5-2-2011 by L.L. No. 5-2011]

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]

The open air market shall be located in the parking area currently used for the viewing of drive-in movies.

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]

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.

No vendor shall be permitted to sell, or display for sale, the following:

Weapons or ammunition;

Drug paraphernalia;

Stolen goods;

Bootleg DVDs, CDs or any other such unauthorized reproduction;

Fireworks and/or explosives;

Materials of an explicit sexual or pornographic nature;

Imitation designer goods;

Medicine or pharmaceutical items;

Alcoholic beverages;

Tobacco or products containing tobacco;

Tattooing services or tattoo supplies; and

Live animals.

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]

§ 167A-47 Saratoga Farm Planned Development District No. 41.

[Adopted 8-7-2000 by Ord. No. 5-2000]

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."

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."

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]

Editor's Note: Schedule A is on file in the Town offices.

Editor's Note: Schedule B is on file in the Town offices.

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.

Water will be supplied by individual drilled wells, and sewage will be disposed of through individual septic systems.

Two fire hydrants will be installed in order to allow water to be drawn from the pond, the location of which hydrants will be as shown on the annexed Schedule A.[3]

Editor's Note: Schedule A is on file in the Town offices.

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.

Editor's Note: See Ch. 143, Subdivision of Land.

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.

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.

Editor's Note: Schedule A is on file in the Town offices.

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.

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.

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.

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.

Editor's Note: Schedule A is on file in the Town offices.

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.

Editor's Note: Schedule B is on file in the Town offices.

Guest quarters.

[Added 5-3-2004 by L.L. No. 5-2004]

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.

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.

§ 167A-48 Saratoga County ARC Planned Development District No. 42.

[Adopted 10-17-2000 by Ord. No. 8-2000]

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.

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."

The area of the planned development district consists of 26.3 plus/minus 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.

Editor's Note: Appendix A is on file in the Town offices.

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.

Construction specifications.

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.

Editor's Note: Appendix B is on file in the Town offices.

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.

Development requirements; site plan; certificates of occupancy.

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.

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]

Editor's Note: Said Appendix is on file in the Town offices.

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.

In no event will any construction take place within 300 feet of the Adirondack Northway.

The following conditions shall apply to the planned development district:

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.

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.

All waste materials must be kept in confined areas which will not allow said materials to leave designated storage area.

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.

Applicant shall provide parking space for 59 cars and 20 buses.

Applicant shall supply sufficient documentation to Town of Malta Engineer indicating existing well has adequate capacity to supply total needs of applicant.

Applicant shall supply plans for sewer disposal system sufficient for the applicants' operations. The system must have approval of the Town of Malta Engineer.

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.

Applicant must provide plans for stormwater management facilities to ensure a zero increase in runoff from the premises after all construction is completed.

Applicant must provide a sediment and erosion control plan for construction period which also must be approved by the Town of Malta Engineer.

All utilities within the boundaries of the PDD must be underground.

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.

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.

Uses.

Except as herein provided, the uses permitted within this district shall be one single-family residence and a sheltered workshop for developmentally disabled adults as set forth herein.

All terms in this subsection shall be as defined in the Town of Malta Zoning Ordinance.

Performance bonds or letters of credit.

The Planning Board shall determine the time at which the developer shall file such bonds.

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.

Editor's Note: Appendix C is on file in the Town offices.

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]

§ 167A-49 (Reserved) [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.

§ 167A-50 (Reserved) [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.

§ 167A-51 Travers Meadows Planned Development District No. 45.

[Adopted 8-4-2003 by Ord. No. 1-2003]

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.

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."

The area of the planned development district consists of 156.82 plus/minus 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.

Editor's Note: Appendix A is on file in the Town offices.

Design.

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.

Editor's Note: Appendix B is on file in the Town offices.

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.

Editor's Note: Appendix C is on file in the Town offices.

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.

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.

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.

Pole lamps that are photo electric sensored cell powered shall be located in the front yards of each single-family residence.

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.

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.

Editor's Note: Appendix D is on file in the Town offices.

Construction specifications.

The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix B.

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]

Editor's Note: Appendices B and E are on file in the Town offices.

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.

Development requirements; site plan; certificates of occupancy.

Setbacks shall be set at a minimum as follows:

Parkside homes:

Front yard: 20 feet.

Side yards: 10 feet.

Rear yard: 25 feet.

Neighborhood homes:

Front yard: 20 feet.

Side yards: 10 feet.

Rear yard: 25 feet

Estate home:

Front yard: 50 feet.

Side yards: 50 feet.

Rear yard: 50 feet.

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.

The roadways shall be 22 feet wide, and constructed to the specifications set forth in Appendix E.

All parkside homes shall have side-load garages.

Landscaping shall be completed in conformance with the typical lot landscaping package attached hereto as Appendix F.[6]

Editor's Note: Appendix F is on file in the Town offices.

There shall be no construction of any apartments within any homes in this development. No garage shall be convened into living space.

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.

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.

There shall be no construction on Sundays.

Editor's Note: Appendix G is on file in the Town offices.

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.

Signs.

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.

Editor's Note: Appendix H is on file in the Town offices.

The maximum size of said signs shall be 12.5 feet long by 6.5 feet high.

All traffic control devices and roadway signs shall be in conformance with the requirements of the State of New York.

Reserved for future use.

Water; sewers; stormwater; wetlands.

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.

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.

Editor's Note: Appendix I is on file in the Town offices.

Editor's Note: Appendix J is on file in the Town offices.

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.

Editor's Note: Appendix K is on file in the Town offices.

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.

Editor's Note: Appendix L is on file in the Town offices.

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.

All utilities shall be installed underground.

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.

Uses.

Single-family residences.

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.

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:

The satisfactory completion and maintenance for one year after completion of landscaping on the project site on the TMHOA lands;

Satisfactory completion of the stormwater management system and required infrastructure items.

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.

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.

Editor's Note: Appendix M is on file in the Town offices.

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.

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.

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.

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.

This ordinance shall take effect 10 days after the approval of the Town of Malta.

§ 167A-52 Luther Forest Technology Campus Planned Development District No. 46.

[Adopted 5-18-2004 by L.L. No. 6-2004]

Short title and general provisions.

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").

[Amended 8-19-2013 by L.L. No. 5-2013[1]; 10-5-2016 by L.L. No. 6-2015[2][3]]

Editor’s Note: See Section 2A of L.L. No. 5-2013.

Editor’s Note: This local law provided an effective date of 1-1-2016.

Editor’s Note: See Section 2A of L.L. No. 6-2015.

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]

Editor's Note: Appendix B is on file in the Town offices.

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]

Editor's Note: A complete metes and bounds description is on file in the Town offices.

Editor's Note: A complete metes and bound description is on file in the Town offices.

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).

Editor's Note: Appendix A is on file in the Town offices.

All land uses, development, construction and operation of facilities within the District shall be conducted in accordance with:

This legislation;

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]]

Editor's Note: This local law provided an effective date of 1-1-2016.

The uses and site plans as approved by the Town Board and the Planning Board; and

Any other relevant requirements and conditions of state and federal environmental laws and permits issued thereunder.

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]

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.

Development within the District, exclusive of Development Areas 1 and 10, shall not exceed 2,000,000 square feet.

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]

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]

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:

Area 1.

Allowable uses.

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.

Public and private utilities.

Uses by special use permit: none.

Areas 2 and 3:

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]]

Editor’s Note: This local law provided an effective date of 1-1-2016.

Uses by special use permit: nanotechnology manufacturing facilities (up to 100,000 square feet of clean room area or less for each facility).

Areas 4, 5 and 9:

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]]

Editor’s Note: This local law provided an effective date of 1-1-2016.

Uses by special use permit: nanotechnology manufacturing facilities (up to 100,000 square feet of clean room area or less for each facility).

Areas 6, 7 and 8:

Allowable uses: technology and light industrial; campus commercial; research and development facilities community uses; offices; public and private utilities.

[Amended 10-5-2016 by L.L. No. 6-2015[12]]

Editor’s Note: This local law provided an effective date of 1-1-2016.

Uses by special use permit: none.

[Amended 10-5-2016 by L.L. No. 6-2015[13]]

Editor’s Note: This local law provided an effective date of 1-1-2016.

Area 10:

Allowable uses: single-family residential; public pathways and trails; public and private utilities.

Uses by special use permit: none.

Area 11:

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.

Uses by special use permit: none.

Areas 12, 13, 14, 15, 17 and 19:

Allowable uses: buffer zone; managed forest; managed wetland; public pathways and trails; public and private utilities.

Uses by special use permit: none.

Area 16:

Allowable uses: public pathways and trails; managed wetland; public and private utilities.

Uses by special use permit: none.

Area 18:

Allowable uses: community uses, public park; public pathways and trails; public and private utilities.

Uses by special use permit: none.

Editor's Note: Appendix B is on file in the Town offices.

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.

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.

Proposed nanotechnology manufacturing, nanotechnology manufacturing support businesses, and research and development facilities shall meet the following siting criteria and guiding principles.

Business orientation. Entities shall be oriented towards nanotechnology and related clean room development, manufacturing and support.

Relationships with campus businesses. Entities shall provide synergies with on-going businesses within the campus.

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.

Image. Entities shall provide economic stability and high visibility to the campus.

Campus orientation. Entities shall strongly contribute to a business campus environment by providing compatible architectural elements and complementary business focus.

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]

Intellectual impact. Entities shall add to the intellectual base of the region.

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.

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.

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.

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]

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.

(p)

(Reserved)[17]

[17]

Editor’s Note: Former Subsection C(2)(p), Tax abatement limitations, amended 4-2-2012 by L.L. No. 4-2012, was repealed 10-5-2016 by L.L. No. 6-2015.

(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.

Campus commercial.

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.

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.

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.

No freestanding structures used exclusively or primarily for campus commercial uses are permitted in the District.

Site plan review. All campus commercial uses shall have site plan review pursuant to Article VI of Chapter 167 the Code of the Town of Malta.

Site plan and building permit requirements.

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.

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.

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.

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.

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.

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.

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]]

[22]

Editor's Note: Exhibit E is on file in the Town offices.

[23]

Editor’s Note: This local law provided an effective date of 1-1-2016.

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.

Subdivisions within approved nonresidential development areas.

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.

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.

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.

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.

[27]

Editor's Note: Appendix E is on file in the Town offices.

Enforcement and penalties.

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.

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.

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.

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:

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.

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.

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.

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.

Access and circulation. Access and traffic circulation within the Campus shall be provided by the following:

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]

[28]

Editor's Note: Appendix A is on file in the Town offices.

[29]

Editor's Note: Appendices C and E are on file in the Town offices.

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.

Local streets and service roads are to provide circulation within development areas, as necessary, and connecting facilities and their related parking areas.

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.

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.

Water transportation.

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]

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]

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.

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]

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.

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.

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.

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.

Nanotechnology manufacturing and support facilities.

Pedestrian/public access building areas.

Building facades shall promote a blend of corporate identity with the regional architectural influences.

Rooflines shall not be long flat planes.

Roof materials shall compliment the facades in both color and material.

Colors shall harmonize with the surrounding woods.

Styles using columns, arcades, divided glazed surfaces and pedestrian-scale details are encouraged.

Large expanses of undivided reflective glass are discouraged.

Masonry, brick, stone, metal and cast stone are preferred primary facade finishes.

The use of exterior insulation foam systems (EIFs) at pedestrian contact levels is prohibited.

Long unbroken horizontal facades are discouraged and facades that present a unified rhythm with numerous insets and broken planes are preferred.

Up-lighting of facades is prohibited.

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.

Nonpublic/manufacturing and functional building areas.

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.

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.

Rooflines that are flat or slightly pitched are recognized as industry standard.

Roof materials shall be selected so that roof colors are not reflective and are in the earth tone ranges.

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.

Building openings for overhead doors and loading areas shall be screened from public areas whenever possible.

Utility service structures and support buildings shall be of similar building style and design to their corresponding main structures.

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.

Building facades shall be designed so that all sides of the building shall have a unified appearance.

Rooflines shall be designed to promote interest and avoid long, unbroken lines.

Entrances and building accents shall be enhanced through changes in the roofline.

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.

The use of traditional building elements, such as columns, arcades, divided windows, architectural fenestration and pedestrian-scale details are encouraged.

Designs that incorporate interpretations of local vernacular styles are encouraged.

Masonry, brick, stone, and cast stone facades are preferred.

The use of extruded foam at pedestrian contact points is discouraged.

Buildings that incorporate interesting broken expanses along the facade are encouraged.

Buildings shall not be higher than 75 feet.

Landscaping standards and guidelines. The following guidelines shall apply to landscaping developed areas within the PDD:

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.

Plantings shall be primarily smaller deciduous trees, which would reach a climax height of 30 to 50 feet.

New deciduous trees shall be augmented by flowerbeds of annuals and perennials.

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.

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.

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.

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.

Building height and area requirements.

[Amended 2-5-2007 by L.L. No. 2-2007]

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]

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;

An additional front yard setback of 100 feet to 200 feet for entryways and landscaping shall be provided to screen parking;

Side and rear yard buffers shall be a minimum of 100 feet to provide room for landscaping and fencing; and

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.

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.

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.

Nanotechnology manufacturing facilities: 0.8 parking spaces per employee (minimum; per shift).

Nanotechnology manufacturing support businesses: 0.8 parking spaces per employee (minimum; per shift).

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

Signs may be externally or internally lit. Externally lit signs will have shielded fixtures to prevent glare and/or light trespass.

Adjacent to residential properties, no direct-light source will be visible at the edge of the development area.

All nonessential lighting must be extinguished after business hours.

Lighting fixtures (luminaires) and bulbs will be selected to optimize energy efficiency consistent with New York State energy plans.

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.

Common area management and security.

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]

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.

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]

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.

Transportation.

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.

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]

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.

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.

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.

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.

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.

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.

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]

Telecommunications. Cellular communications facilities are restricted to those maximum heights as set within Subsection R and shall only be permitted as building mounted structures.

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.

Growth-inducing impacts.

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:

Nanotechnology manufacturing facility in Development Area 1: $100,000 (each facility); and

Ancillary development within LFTC: $0.12 per square foot.

Open space and recreation.

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]

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.

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.

Health and safety.

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.

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.

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:

[Amended 8-19-2013 by L.L. No. 5-2013; 10-5-2016 by L.L. No. 6-2015[33]]

Quarterly for the first year after the commencement of full operation and thereafter as requested by the Town Board;

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.

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.

Construction impacts.

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.

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.

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.

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.

Construction office.

Temporary food service.

Portable rest rooms.

Storage trailers.

Storage yards.

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]

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.

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]

Definition. Development Area 1 is defined as that Section 1 in Appendix A, Map 1, located within the Town of Malta.

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.

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.

[Amended 8-19-2013 by L.L. No. 5-2013; 10-5-2016 by L.L. No. 6-2015[35]]

[35]

Editor’s Note: This local law provided an effective date of 1-1-2016.

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]

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:

This legislation;

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.

[Amended 8-19-2013 by L.L. No. 5-2013; 10-5-2016 by L.L. No. 6-2015[36]]

[36]

Editor’s Note: This local law provided an effective date of 1-1-2016.

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);

[Added 8-19-2013 by L.L. No. 5-2013[37]]

[37]

Editor's Note: With the inclusion of this local law, former Subsection DD(5)(e) and (f) were redesignated as Subsection DD(5)(f) and (g).

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]

Any other relevant requirements and conditions of state and federal environmental laws and permits issued thereunder.

Allowable uses in Development Area 1: Subsection B(1)(a)[1] notwithstanding:

Allowable uses:

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]

Public and private utilities.

Uses by special use permit: none.

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:

May 18, 2004 Statement of Findings (Appendix E);

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;

[Amended 8-19-2013 by L.L. No. 5-2013; 10-5-2016 by L.L. No. 6-2015[38]]

[38]

Editor’s Note: This local law provided an effective date of 1-1-2016.

The Final Second Supplemental Environmental Impact Statement of Findings, dated August 19, 2013 (Appendix I);

[Amended 8-19-2013 by L.L. No. 5-2013[39]]

[39]

Editor's Note: With the inclusion of this local law, former Subsection DD(7)(c) and (d) were redesignated as Subsection DD(7)(d) and (e).

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]

All requirements of federal, New York State, Saratoga County and Town of Malta law and regulation.

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.

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]

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.

(Reserved)[40]

[40]

Editor’s Note: Former Subsection DD(11), Tax abatement limitations, amended 4-2-2012 by L.L. No. 4-2012, was repealed 10-5-2016 by L.L. No. 6-2015.

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]

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.

Environmental audits. Subsection C(2)(u) notwithstanding:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

[Amended 8-19-2013 by L.L. No. 5-2013; 10-5-2016 by L.L. No. 6-2015[43]]

[43]

Editor’s Note: This local law provided an effective date of 1-1-2016.

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.

[Amended 8-19-2013 by L.L. No. 5-2013; 10-5-2016 by L.L. No. 6-2015[44]]

[44]

Editor’s Note: This local law provided an effective date of 1-1-2016.

(Reserved)[45]

[45]

Editor’s Note: Former Subsection DD(19), Subdivisions within approved nonresidential development areas, was repealed 10-5-2016 by L.L. No. 6-2015.

(Reserved)[46]

[46]

Editor’s Note: Former Subsection DD(20), regarding Subsection F notwithstanding the development agreement, was repealed 10-5-2016 by L.L. No. 6-2015.

(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.

[Amended 8-19-2013 by L.L. No. 5-2013; 10-5-2016 by L.L. No. 6-2015[47]]

[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.

[Amended 8-19-2013 by L.L. No. 5-2013; 10-5-2016 by L.L. No. 6-2015[48]]

[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.

(25)

Building height and area requirements. Subsection R(1) notwithstanding, "building height" shall be as defined in the Malta Town Code [i.e., the second sentence of Subsection R(1) shall not apply to Development Area 1].

(26)

Mitigation — health and safety.

Subsection W(1)(c) notwithstanding, the square footage calculations shall not include the square footage contained within Development Area 1.

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).]

Noise.

[Amended 8-19-2013 by L.L. No. 5-2013]

(Reserved)[49]

[49]

Editor’s Note: Former Subsection DD(26)(d)[1], regarding noise requirements for the owner of each nanotechnology manufacturing facility, was repealed 10-5-2016 by L.L. No. 6-2015.

The following mitigation measures shall be incorporated in the design and construction of Electrical Service Buildings (ESBs) for Fab 8.2.

All ESBs shall be located so that they comply with the standards below.

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.

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:

Construction office.

Temporary food service.

Portable restrooms.

Storage trailers.

Storage yards.

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]

§ 167A-53 Steeplechase Planned Development District No. 47.

[Adopted 8-2-2004 by L.L. No. 9-2004]

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.

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."

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.

Editor's Note: Referenced appendices are on file in the Town offices.

Development areas.

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.

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.

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.

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.

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.

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.

Development requirements and construction specifications; site plan; certificate of occupancy.

The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix F(1) through (4).

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.

Pole lamps that are photo-electric-sensored cell-powered shall be located in the front yards of each single-family residence.

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.

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.

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]

The stormwater management plan shall be constructed in compliance with the plans attached hereto as Appendix I.

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.

Setbacks shall be set as follows:

Single-family homes in Saint Ledgers Woods:

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.

Side yards: one side: 15 feet minimum; total side: 30 feet minimum.

Rear yard: 25 feet minimum.

There shall be no construction of any decks, pools or other structures within these setbacks.

Multifamily units in Steeplechase at Malta:

Route 9: 150 feet minimum from the easterly edge of the northbound driving lane of U.S. Route 9.

All other exterior boundaries a minimum of 50 feet except for the maintenance building which shall be 25 feet. Distance between buildings: minimum of 55 feet.

Roadways:

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.

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.

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).

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).

Street trees shall be planted along Callaghan Boulevard as depicted on Appendix F(4).

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.

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.

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.

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.

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.

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.

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).

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.

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:

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.

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.

No lot shall be further subdivided.

There shall be only one residential structure or use on the lot.

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.

Each home shall have at least a two-car garage.

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.

Signs.

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.

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.

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.

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.

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.

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.

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.

Utilities. All new utilities shall be installed underground.

Uses.

Single-family residences shall only be allowed in the Saint Ledgers Woods area.

Multifamily apartment units, a maintenance building and a clubhouse with its associated uses shall only be allowed in the Steeplechase at Malta area.

Parklands/trail system and associated structures and uses shall be allowed in Malta Nature Preserve.

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:

The satisfactory completion and maintenance for one year after completion of landscaping on the project site on the parklands and single-family residences.

Satisfactory completion of the stormwater management system and required infrastructure items.

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.

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.

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.

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

Editor's Note: Appendices are on file in Town offices.

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.

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.

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.

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.

§ 167A-54 Park Place at Malta Planned Development District No. 48.

[Adopted 6-28-2004 by Ord. No. 2-2004; amended 2-4-2008 by L.L. No. 2-2008]

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."

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."

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]

Editor's Note: Referenced appendixes are on file in the Town offices.

Development areas.

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").

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]

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]

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]

Development requirements and construction specifications; site plan; certificate of occupancy.

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]

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]

Editor's Note: Referenced appendixes are on file in the Town offices.

Pole lamps that are photoelectric-sensored-cell powered shall be located in the front yards of each single-family residence.

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.

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.

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.

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.

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.

Setbacks shall be set as follows:

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]

Front yard: 15 feet minimum and 20 feet maximum.

Side yards: eight feet for houses and five feet for garages.

Rear yard: 20 feet.

Multifamily buildings.

[Amended 4-4-2011 by L.L. No. 4-2011]

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:

To the edge of pavement along Phaeton Lane: 65 feet.

From edge of pavement to North Alley: 20 feet.

From the property line along Saratoga Blvd, and Malta Commons: 30 feet. See generally, Revised Appendix A.

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.

Commercial buildings.

Front yard: 30 feet minimum and 50 feet maximum.

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]

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]

Editor's Note: Referenced appendixes are on file in the Town offices.

Landau Boulevard.

[Added 7-10-2017 by L.L. No. 3-2017[4]]

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:

Increase the width of the entrances to Landau Boulevard from State Route 9 and Phaeton Lane;

Decrease the width and length of the center island of Landau Boulevard (the "island");

Replace the existing curb cuts to the island with mountable curb cuts; and

Replace the grass and landscaping located on the interior of the island with decorative hardscape and other landscaping features.

The work shall coincide with the construction in the third area of the development.

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.

Editor's Note: This ordinance also redesignated former Subsection E(11) through (19) as Subsection E(12) through (20), respectively.

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]

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]

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.

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.

There shall be no construction on Sundays.

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.

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]

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]

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]

Signs.

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]

Editor's Note: Referenced appendixes are on file in the Town offices.

The maximum size of said monument signs (Type A) shall be 40 square feet. See Appendix D for particulars concerning other signs.

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]

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.

Parkland development and maintenance.

[Amended 7-10-2017 by L.L. No. 3-2017]

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.

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.

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.

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]

Single-family residences.

Multifamily buildings: two designs.

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:

Animal hospital.

Automatic laundry/laundromat.

Bank.

Business office.

Convenience store - no gas.

Day care.

Drive-through service establishment.

Drugstore.

Fitness center.

Grocery store.

Medical center.

Personal service shop.

Professional office.

Recreation facility.

Restaurant.

Restaurant, fast food.

(q)

Retail business.

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.

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:

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

Satisfactory completion of the stormwater management system and required infrastructure items and other items identified by the Planning Board during site plan review.

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.

(Reserved)[6]

Editor’s Note: Former Subsection M, regarding the State Environmental Quality Review Act, was repealed 7-10-2017 by L.L. No. 3-2017.

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.

§ 167A-55 Fillpoint Planned Development District No. 49.

[Adopted 5-1-2006 by L.L. No. 6-2006]

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.

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."

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.

Development area.

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.

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.

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]

The developer shall cause to be placed in the chain of title notice regarding the Luther Forest Technology Campus PDD.

The building shall be constructed in substantial conformance to the architectural rendering set forth in Appendix J.

Development requirements and constructions specifications; site plan; certificate of occupancy.

The developer shall construct the project in substantial conformance with the approved plan, Appendixes B through I.

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.

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.

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.

The stormwater management plan shall be constructed in compliance with the plans set forth in Appendixes D and E.

Setbacks shall be set as follows:

From the northern boundary: 50 feet.

From the eastern boundary: 35 feet.

From the southern boundary: 40 feet.

From the western boundary: 40 feet.

In addition, within the western boundary setback, a twenty-foot "no cut" zone shall be delineated and flagged prior to clearing of the lot.

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.

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.

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.

The developer shall provide the Town with an "as-built foundation location" survey with its application for a certificate of occupancy.

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.

The lot shall not be further subdivided.

The maximum building height shall be 40 feet.

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.

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.

Utilities. All new utilities shall be installed underground.

Uses.

Warehouse.

Professional office.

Municipal building.

Museum.

All other uses permitted in the zone where the parcel is located, as such provision may be amended from time to time.

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:

The satisfactory completion and maintenance for one year after completion of landscaping on the project site; and/or

Satisfactory completion of the stormwater management system and required infrastructure items.

The satisfactory completion of the linkage road.

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.

Effective date. This local law shall take effect 10 days after filing with the NYS Secretary of State.

Park, open space, GEIS preparation and traffic fees.

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.

The developer shall be required to pay an open space fee in the amount of $861 per acre of disturbed land.

The developer shall be required to pay a GEIS preparation fee in the amount of $67 per trip.

In recognition of the developer constructing the linkage road pursuant to the provisions of Subsection E(8), the Town has agreed to accept this linkage road in lieu of any traffic fees.

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.

§ 167A-56 OuterZone Family Entertainment Center Planned Development District.

[Adopted 11-8-2007 by L.L. No. 19-2007]

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.

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."

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.

Editor's Note: Referenced appendixes are on file in the Town offices.

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.

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.

Development requirements and construction specifications; site plan; certificate of occupancy.

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.

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.

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.

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.

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.

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.

The building setbacks shall be as follows:

Front yard setback: an average of 30 feet, with a minimum of 27 feet.

Side yard setback: 30 feet.

Rear yard setback: 50 feet.

During site plan review, the banking of some of the proposed 159 parking spaces shall be explored.

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.

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.

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.

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.

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.

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.

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.

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.

All utilities shall be installed underground.

The location of fuel storage is generally shown on Appendix A and further generally described in Appendices F and G.

Performance bonds or letters of credit.

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.

The Planning Board shall determine the time at which the owner shall file such bonds.

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.

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.

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

§ 167A-57 (Reserved) [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.

§ 167A-58 Saratoga Medical Park at Malta Planned Development District No. 52.

[Added 7-6-2009 by L.L. No. 6-2009]

Short title and general provisions.

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").

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.

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]

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.

All land uses, development, construction and operation of the facilities within the District shall be conducted in accordance with:

This legislation;

The environmental thresholds and conditions contained in this legislation;

The Town-wide GEIS and the June 5, 2006, Statement of Findings of the Town-wide GEIS;

The Supplemental Final Generic Environmental Impact Statement of Findings dated July 6, 2009;

The Environmental Assessment Report dated November 18, 2014; and

[Added 4-6-2015 by L.L. No. 2-2015[2][3]]

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.

Editor’s Note: This local law also redesignated former Subsection A(4)(e) as Subsection A(4)(f).

The uses and site plans approved by the Town Board and the Planning Board.

AGRICULTURAL/CROP MANAGEMENT

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.

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.

AMBULATORY CARE CENTER

The health services provided on an outpatient basis to those who can visit a health care facility and return home the same day.

ANIMAL HUSBANDRY/CARETAKING

The agricultural practice of caring for and raising of horses.

ANIMAL THERAPY (INDOOR/OUTDOOR)

Buildings and organizations that use horseback riding and horse care as a means of therapy for patients with physical, developmental or emotional disabilities.

ASSISTED LIVING

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.

CAFETERIA

An eating establishment located wholly within a hospital or medical center designed to service the needs of on-site employees, patients, guests, and customers.

CALLS

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.

DAY-CARE FACILITIES

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.

EMERGENCY MEDICAL SERVICES CENTER

A hospital with a limited number of medical/surgical beds designed for the stabilization, care, treatment and holding of patients requiring emergency services.

ENTRANCE/GATEWAY

An area of greenspace which marks the entrance to a site and is comprised of signage, landscaping and plantings.

FITNESS CENTER

An establishment with the primary purpose of facilitating exercise, such as:

Gymnasiums;

Clubs (athletic, health or recreational);

Not-for-profit associations or organizations; or

Reducing salon or weight control establishment.

FLORIST

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.

FOOD SERVICE PROVIDER

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.

GATHERING/SITTING AREAS

An open area of land designed as a place for sitting or for a small congregation of people for enjoyment of the outdoors.

HOSPITAL

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.

INDEPENDENT LIVING UNITS

Senior housing units that are designed for single-family residences, but shall be under a common ownership and not subdivided into individual lots.

MAILING CENTER

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.

MED-EVAC HELIPORT

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.

MEDICAL CENTER

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

MEDICAL PROFESSIONAL OFFICE

A medical resource center.

MEDICAL EQUIPMENT SALES

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.

MEDICAL LIBRARY

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.

MEDICAL OR DENTAL CLINIC

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.

MEDICAL RESOURCE CENTER

A place where medical information, technologies or products are studied, examined, tested or which such medical technologies and products are available for sale.

MEDICAL STAFF TRAINING AND EDUCATION CENTER

A school, college or other institution for learning, training and intellectual development primarily devoted to the medical or dental professions.

MEDICAL TREATMENTS

The services provided by licensed medical doctors.

NURSING OR CONVALESCENT HOME

Any establishment licensed by the State of New York which provides twenty-four-hour skilled nursing services to elderly and handicapped residents.

OPEN SPACE

An unoccupied space open to the sky on the same lot with a building.

OUTPATIENT SERVICES

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.

PARKING GARAGE, PUBLIC

A building used primarily for the parking or storing of automobiles on an hourly or daily basis for a profit.

PHARMACY

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.

PHASE

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.

PHYSICAL THERAPY

A place where rehabilitative or preventative therapies are conducted, including physical, speech, occupational, aquatic and massage therapies; pulmonary rehabilitation; and/or chiropractic services.

PUBLIC AND PRIVATE RECREATION FACILITIES

An establishment with the primary purpose of facilitating exercise, recreation, weight control, and/or amusement for individuals and families.

PUBLIC TRANSPORTATION STOPS

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.

PUBLIC UTILITY

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.

RECREATIONAL/NATURE/EXERCISE TRAILS

A network of trails designed to provide recreational use and benefit to the public.

RETAIL

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.

SENIOR HOUSING

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]]

SHORT-TERM PATIENT FAMILY ACCOMMODATIONS

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™.

STABLES AND EQUESTRIAN USES

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.

Editor's Note: Appendix A is on file in the Town offices.

Editor's Note: Appendix A is on file in the Town offices.

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.

Development areas.

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]]

Editor's Note: Said appendix is on file in the Town offices.

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.

There shall be no freestanding food service providers, freestanding retail or drive-through establishments within the District.

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:

Area 1:

Allowable uses: green space or open space; entrance/gateway; stormwater management; stormwater maintenance; wetlands preservation; recreational/nature/exercise trails; gathering areas; sitting areas; and public utility.

Uses by special permit: none.

Areas 2, 4 and 5:

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.

Uses by special permit: drive-through pharmacy; parking garage.

Area 3A:

[Amended 5-7-2012 by L.L. No. 6-2012]

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.

Uses by special permit: none.

Area 3B:

[Amended 5-7-2012 by L.L. No. 6-2012]

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.

Area 6:

[Amended 4-6-2015 by L.L. No. 2-2015[9]]

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.

Uses by special permit: none.

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.

[10]Area 7:

Allowable uses: open space; gathering areas; sitting areas; and public transportation stops.

Uses by special permit: none.

Editor’s Note: Former Subsection C(3)(f), Area 6B, was repealed 4-6-2015 by L.L. No. 2-2015. This local law also redesignated former Subsections C(3)(g) and (h) as Subsections C(3)(f) and (g), respectively.

Area 8:

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.

Uses by special permit: none.

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.

Site plan review and phased development.

All development within the District is subject to site plan review pursuant to the Town Code of the Town of Malta.

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.

Site plan review shall be completed by the Town of Malta Planning Board for each phase and shall include review of appropriate architecture.

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.

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.

Subdivision with the District.

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.

Editor's Note: Appendix C is on file in the Town offices.

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.

Development requirements and construction specifications.

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.

Trails and pathways.

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]]

Editor's Note: Appendix D is on file in the Town offices.

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.

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.

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:

Retention, repair and upkeep and/or replacement of the horse farm fencing presently encircling the District;

Emphasis on the creation and maintenance of hippotherapy and therapeutic licensed/credential programs;

Preservation of approximately 53% of the District as open space; and

Recreational use of horses and equestrian activities on site.

Setbacks, building heights and area requirements. The rear, front, and side setbacks, maximum building heights, and minimum lot sizes for all structures within the District are provided for in Appendix C attached hereto.[14]

[14]

Editor's Note: Appendix C is on file in the Town offices.

Access, roads and traffic.

Access and roads.

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.

Traffic.

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.

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.

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.

Mitigation fees shall be payable at the time the issuance of each building permit for structures within the District.

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.

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.

Water.

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.

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.

Sanitary sewerage.

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.

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.

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.

Utilities and electrical power. All electric distribution lines and utilities shall be located underground.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Mitigation and open space fees.

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.

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]]

The mitigation and annual call limitations set forth in this Subsection L(2)(b) through (e) below shall be applicable only to assisted living, senior housing, senior apartments and nursing home uses within the District.

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.

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.

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.

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.

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.

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]

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.

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.

§ 167A-59 (Reserved) [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.

§ 167A-60 Cramer Road North Planned Development District No. 54.

[Adopted 5-7-2012 by L.L. No. 5-2012]

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."

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.

Editor's Note: Appendix A is on file in the Town offices.

Land classification within the Cramer Road North Planned Development District.

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.

The second classification shall be "conservation areas" having a total of approximately 55.90 acres as depicted on Appendix A annexed hereto.

The third classification shall be lands lying within the commercial area being approximately 7.72 acres as depicted in Appendix A annexed hereto.

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.

Development.

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.

Design elements.

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:

Steeper sloped roofs (8 on 12);

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);

Concrete sidewalks;

Ample trees and landscaping;

[2]Easy access to recreation;

Editor's Note: Former Subsection D(2)(a)[5], regarding connections to other neighborhoods, was repealed 12-3-2012 by L.L. No. 15-2012. Said local law also redesignated former Subsection D(2)(a)[6] through [8] as Subsection D(2)(a)[5] through [7].

A "centerpiece" of the overall development where residents can congregate (gazebo, clubhouse, park, etc.); and

Recessed garages (which may either be deep enough to accommodate one or two vehicles).

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.

Editor's Note: Appendix C is on file in the Town offices.

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.

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.

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.

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.

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]]

Editor's Note: This local law also redesignated former Subsection D(7) through (12) as Subsection D(9) through (14).

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]

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.

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]

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.

Setbacks.

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:

Front yard: twenty-foot minimum and twenty-five-foot maximum measured from the edge of the road right-of-way.

Side yard: ten-foot minimum.

Read yard: twenty-foot minimum.

The side yard setback shall not apply to any shared boundaries dividing units of the same duplex structures.

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.

Utilities.

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.

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.

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]

Homeowners' association.

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.

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.

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.

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.

Conservation areas. There exist five conservation areas identified on Appendix A attached hereto, These areas shall be maintained as follows:

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.

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.

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.

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.

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.

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]

Editor's Note: Said appendix is on file in the Town offices.

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.

Notice.

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.

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.

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.

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.

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.

Zoning.

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.

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.

Benefit of planned development district to the public.

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]

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.

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.

§ 167A-61 Stewart's Shops - Adirondack Trust Planned Development District No. 55.

[Adopted 4-7-2014 by L.L. No. 2-2014]

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."

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.

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]

Editor's Note: Appendix A and Appendix B are on file in the Town offices.

Uses. Uses not specifically allowed are prohibited. The following uses are allowed within the planned development district:

Convenience store, including sale of fuel.

Bank, including drive-through service.

Development requirements.

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]]

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.

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.

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]

Editor's Note: Appendix C is on file in the Town offices.

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]

Editor's Note: Appendix D is on file in the Town offices.

Public benefit.

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.

Editor's Note: Appendix E is on file in the Town offices.

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.

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.

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.

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.

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.

Buildings. All buildings shall be constructed in accordance with New York State Building and Fire Codes.

Zoning. All provisions of the Town Zoning Law[6] 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.