§ 167-46. Conditions.

A. 

Open space development shall apply to residential developments over 20 acres or greater or an applicant may request consideration for an open space development project of less than 20 acres.

B. 

Density of residential units shall not exceed that permitted in the district in which the subdivision is located. This density shall be computed, using the submissions made by the applicant pursuant to this article, as follows:

(1) 

Compute the total site area in the development.

(2) 

Subtract New York State and federal regulated wetlands and buffers and all applicable buffers.

(3) 

Subtract mapped streams or waterways and all applicable buffers.

(4) 

Subtract ponds, lakes and other areas of standing water.

(5) 

Subtract slopes in excess of 15% of grade.

(6) 

Subtract actual utilities and road rights-of-way.

(7) 

Subtract proposed utilities and road rights-of-way.

(8) 

Subtract one-hundred-year floodplains.

(9) 

Divide the remaining area by the minimum lot area under current zoning (minimum lot area cannot be further reduced due to central water and sewer).

C. 

The Planning Board may grant residential bonus lots in excess of the density calculated in Subsection B in accordance with § 261-b of the Town Law of the State of New York in exchange for modification in the project of comparable value that provides community benefits and amenities not otherwise provided under this article. In order to advance the Town of Malta's physical, cultural and social policies in accordance with the Town's Comprehensive Plan, within the meaning of § 272-a of the Town Law of the State of New York, bonus lots may be granted for up to 10% additional density of the lot entitlement determined in Subsection B above. The Planning Board may consider an application for bonus lots for projects where there may be community benefits and amenities not normally associated with an open space development and/or otherwise required by this article, including, but not limited to:

(1) 

Affordable housing, not to exceed 80% of the median income as identified for Saratoga County in the Annual American Community Survey (ACS) published by the U.S. Census Bureau.

(2) 

Parks, and lands to be annexed to existing parks, which would otherwise not be available to the Town.

(3) 

Pedestrian and trail linkages with trails and parks within and outside the Town.

(4) 

Public access to significant and unique areas of the Town and adjoining towns, e.g., streams and lakes.

(5) 

Off-site infrastructure or other enhancements that benefit more than the applicant's project.

(6) 

Historic preservation.

(7) 

Agricultural preservation.

(8) 

Preservation of unique and/or significant open spaces, streams, lands adjoining existing preserved open spaces, viewsheds, and linkages between open space areas; e.g., natural resources, forested lands, vistas, and waterways.

(9) 

Cash in lieu of amenities to be dedicated to a specific project which provides a unique, community benefit or amenity which would not otherwise be developed.

D. 

An application for bonus lots shall be made at the time of the submission for open space development as set forth in § 167-47F of this section and as contained in Chapter 143, Subdivision of Land, of the Code of the Town of Malta. In its discretion, the Planning Board may accept an application for bonus lots at a later point in time if it deems it to be in the best interest of the Town. If an application is considered after the required public hearing provided for by § 167-47F, the Planning Board shall be required to schedule a new public hearing to include the bonus lot application.

E. 

The Planning Board shall review an application for bonus lots in conjunction with the open space development application set forth in § 167-47 of this article, and shall make findings as to whether the proposed community amenity and benefit meets one or more of the criteria set forth in § 167-46D(1) through (9). The Planning Board shall determine if the proposed community benefit or amenity is in accordance with the Town's Comprehensive Plan, as well as the Town's other community planning and land use efforts and tools, including, but not limited to, the Town's Agriculture and Open Space Preservation Study, the County's Green Infrastructure Plan, the Town's linkage study, and the actions and recommendations of the Town's Planning and Zoning Update Committee, Open Space Preservation Advisory Committee, and the Director of Parks and Recreation.

F. 

"Community benefits and amenities" shall mean additional open space, parks, pedestrianways, public access, off-site enhancements to infrastructure, historic preservation or other specific physical, social or cultural amenities or cash in lieu thereof, that provide a unique benefit to the residents of Malta.

G. 

If the Planning Board determines that a suitable community benefit or amenity is not immediately feasible, the Planning Board may require, in lieu thereof, a payment to the Town of a sum equivalent to the added value to the applicant and as determined by the Planning Board. If cash is accepted in lieu of other community benefits or amenities, provision shall be made for such sum to be deposited in a trust fund to be used by the Town Board exclusively for the project(s) specified and authorized by the Town Board.

H. 

Options for open space development.

(1) 

Under this article, applicants may seek subdivision approval for any one of the following options or combination thereof:

(a) 

Option 1: greenway development, which provides for residential density permitted by the zoning district and as defined in § 167-46B with green space set-aside lands being 50% of the parcel ("greenway"). The greenway shall be 50% of the developable lands. Wetlands, steep slopes or other undevelopable areas within the site shall not be included in the greenway calculation. It is the goal of this section to locate the green space along existing roadways.

(b) 

Option 2: estate development, which provides for residential density of 1/3 of the residential density permitted by the zoning district and as defined in § 167-46B.

(c) 

Option 3: Cottage home development: provides for a cluster of not less than four single-family cottages. Each such cottage shall be constructed so as to: contain no more than two bedrooms; not exceed 1,100 square feet in area, in addition to one optional one-story garage not to exceed 250 square feet, and one unenclosed, roofed porch facing the developments common area no wider than the width of the house and no deeper than eight feet; be not more than 18 feet in height to the top of the second story, and not more than 25 feet in total building height; provide off-street parking for at least one automobile; face a common area containing a park and sidewalks; and be of energy-efficient design and construction; and of an architectural design compatible with the surrounding area. No such structure may be expanded, and no new structure built within the development, without obtaining an amendment by the Planning Board. The development shall provide common parking facilities as necessary for residents and visitors. The development shall have a homeowner's association, the membership of which shall consist of each owner within the development, said association having ownership of and responsibility over all the common areas, and this restriction shall be identified within the chain of title.

(d) 

Option 4: a combined development includes any combination of Options 1, 2 and 3 above.

(2) 

In all cases, lands to remain undeveloped as greenway should be determined by the Planning Board.