§ 167-48. Standards for open space development., Article XI. Open Space Development and Preservation, Chapter 167. Zoning, Part II. General Legislation, Code of Ordinances, Malta

This procedure shall apply generally to residential zoned land which shall be a contiguous parcel a minimum of 20 acres in size. An applicant may request consideration for an open space development project of less than 20 acres. In addition, it shall be determined by the Planning Board that such development will not be detrimental to the health, safety or general welfare of persons residing in the vicinity or injurious to property or improvements in close proximity and that the proposed development is in conformity with the objectives of the Town's Comprehensive Plan and that the gross density will be no greater than if the tract were developed in accordance with the existing zoning requirements.

When such development is proposed adjacent to any existing residence or residential area, a suitable buffer area, as the Planning Board determines, shall be left between the closest lot line of any lot in an existing residential development area or a conventionally platted residential map that has been filed with the Saratoga County Clerk and the closest structure in the residential cluster development contained on an open space lot.

Rural roadway standards. The developer shall be required to conform to the rural roadway standard as set forth in § 143-13 of the Subdivision Regulations of the Town of Malta for all proposed roadways within the project site. Should the applicant wish to deviate from this standard, written approval shall be required from the Planning Board.

Pathways.

(1)

Pathways within the right-of-way shall be provided in all open space developments. The developer shall meet the following standards:

(a)

Residential areas with more than four units per acre: a five-foot-wide pathway of material acceptable to the Planning Board on each side of each roadway. The paths shall each be at least five feet from the edge of the roadway.

(b)

Residential areas with one to four units per acre: a five-foot-wide pathway of material acceptable to the Planning Board on one side of each roadway. The path shall be at least five feet from the edge of the roadway.

(c)

Residential areas with less than one unit per acre: No pathways will be required except as may be required by the Planning Board in Subsection D(2) below.

(2)

The Planning Board may require additional pathways, walks, multiuse trails or linkages to the Town trail system in areas identified in the linkage studies.

(3)

The developer shall install the pathways, at no additional cost to the Town. The developer shall grant an easement to the Town granting the general public access to and use of these trails.

Entrances. The open space development shall be designed such that naturally occurring topography and vegetation at the entrances and within the development shall be maintained to the greatest extent practicable. In open space developments where there is level topography and/or a lack of vegetation at the entrance, berming shall be incorporated into the design of the entrance and at the discretion of the Planning Board. Berms shall be natural in form and harmonize with the surrounding terrain. Additionally, all berms shall be planted with native species or species approved by the Planning Board.

Flag lots.

(1)

Flag lots shall be permitted in all open space developments. A maximum of five flag lots shall be permitted per open space development and shall conform to the following standards:

(a)

Minimum frontage: 40 feet, taken at the right-of-way line.

(b)

Front yard setback: 50 feet, taken at the closest rear yard property line of the abutting parcel(s).

(c)

Minimum size: 35,000 square feet.

(2)

All flag lots shall be approved by the Planning Board at the sketch plan stage. Flag lots proposed after this stage shall not be permitted unless a benefit is found by the Planning Board.

Open space.

(1)

Lands set aside as open space and greenways shall remain as open space pursuant to conditions set forth by the Planning Board.

(2)

The developer is responsible for maintaining open space until such time as it is legally accepted by another entity.

(3)

When feasible, a substantial portion of open space shall be located on the road front, so as to maximize roads with houses on only one side.

(4)

It is the goal of this section to set aside green space along existing roadways.

Stormwater management.

(1)

In the event the stormwater management areas are owned by the developer or another entity other than the Town of Malta, the developer shall provide a maintenance agreement and access easements around the entire circumference/area of all stormwater management infrastructures.

(2)

Alternate methods of stormwater management techniques are encouraged within the Town.