§ 167A-15. Malta Gardens Planned Development District No. 13., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

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"Location Plan of Proposed Malta Garden Apartments, Town of Malta, County of Saratoga, State of New York" is hereby repealed.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 (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.

(1)

The developer is herewith approved to construct 85 mobile home lots in accordance with the plans which are attached hereto as Appendix B. Following the completion of the initial 85 mobile home lots, the Town Board will authorize the developer to construct an additional 85 mobile home lots, provided that the developer meets the requirements set forth below in this section. In making application for the additional 85 mobile home lots, such stage constituting Stage 2 of the developer's plan for the planned development district, the developer shall submit in writing an application to the Town Board of the Town of Malta. The following requirements shall be met by the developer as follows:

(a)

A statement of the objectives to be achieved.

(b)

Submission of information showing a schedule of staging for the additional mobile home lots; a supporting map showing the existing site conditions including contours, proposed lot lines and plot design; site of all existing and proposed buildings, structures and other improvements; location and size, in acres or square feet, of all areas reserved for parks, recreation and similar uses; existing and proposed circulation system of roads including off-street parking areas, service areas and loading areas; and general landscaping plans.

(c)

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

(d)

Submission of information of the effect of Stage One of the development with particular reference to school taxes and such additional information as may be required by the Town Board of the Town of Malta in order to evaluate the character and impact of the proposed second stage of development.

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

(2)

The Town Board shall also, prior to taking action on the proposed second stage of development, conduct a public hearing on the developer's plans. At the hearing, the developer may be represented and shall be given a full opportunity to present his proposal to the Town Board. The Town Board may approve or disapprove the plan as presented, or approve it subject to certain agreed-upon modification.

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]

(1)

That a letter of credit or bond be given to the Town of Malta, in an amount which is acceptable to Clough, Harbour & Associates, the Town Engineers, to ensure that the landscaping as proposed in said plans and specifications is properly done and maintained.

(2)

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

(3)

That any signs placed on the subject premises conform to the Town's Zoning Ordinance and be uniform in design within the planned development district.

(4)

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

(5)

That no merchandise be displayed in the green area adjacent to Route 9 and in front of the subject premises, or in the parking lot area, which comprises the area of approximately 100 feet from the shoulder of the road to the building on the subject premises.

(6)

That the subject premises may be used for all purposes presently allowed in the C-2 Commercial District (Commercial Business) zoning district in the Town of Malta; and for the following uses by existing tenants who occupy Lot 1 of the Planned Development District: pizza parlor, hair stylist, driver training center, copy and shipping center, a U-Haul-type rental business drop-off, training center, tax service business and mobile home sales. The location of the drop-off parking and mobile home sales shall be as depicted on the attached map which is incorporated by reference and made a part hereto. All new mobile home sales businesses are subject to site plan review by the Malta Town Planning Board. There shall be no more that 27,980 square feet of mobile homes for sale on the site. The setback for the mobile home sales shall be 120 feet.

[Amended 1-2-2002 by L.L. No. 2-2002]

(7)

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

Repealer; approval of additional construction.

[Added 5-3-1988]

(1)

Resolution No. 309A, cast by the Town Board of the Town of Malta on July 7, 1987, be and the same hereby is rescinded, and declared null and void.

(2)

The developer is hereby authorized to construct a total of 115 additional mobile home lots, which are hereby approved, and a total of 40 additional apartment units, to be located in five buildings, each of which will contain eight units, all as set forth in a revised conceptual site plan, phase 2, Malta Gardens, prepared by the environmental design partnership, and dated the third day of May, 1988, which is made a part hereof by reference; provided, however, that this legislation shall control over any inconsistencies between said site plan and this legislation, subject to the following conditions:

(a)

No building permits will be issued until such time as the developer has complied with all of the requirements of site plan review as set forth in Article VI of the Zoning Ordinance of the Town of Malta.

(b)

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

(c)

Directories will be placed at both entrances to the park, which will set forth a map of the whole park area, designating street names and location.

(d)

Each mobile home unit will be clearly labeled with letters or numbers a minimum of six inches high of contrasting color to the mobile home units, to assure identification of the individual units.

(e)

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

(f)

All streets or roads within the planned development district will be clearly labeled with letters or numbers a minimum of three inches high on a sign of reflective material.

(g)

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

(h)

No building permit will be issued until such time as the developer has completed construction of the tennis courts, baseball diamond and other facilities located in the area designated on the conceptual site plan as "Park Area 4.75 Acres."

(i)

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

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

(j)

The developer will construct a right-hand-turn lane on Knabner Road, as shown on the conceptual site plan herein. this turn lane will be designed and constructed with the approval of the Town of Malta Engineers.

(k)

During the site plan review process, the Town of Malta Planning Board will require the placing of a vegetation buffer along the northerly border of the area designated on the conceptual site plan as "Park Area 4.75 Acres."

(l)

The property immediately to the west of the proposed stockade fence as set forth on the conceptual site plan herein shall remain a passive recreational area, where no physical recreational improvements will be made.

(m)

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

(n)

All buildings shall be constructed in accordance with New York State Building and Fire Codes and approved by a duly licensed engineer or architect. All construction shall be performed subject to the direction of a duly licensed engineer or architect. All construction shall be subject to the inspection and approval of the Town Engineer and the Town Zoning Enforcement Officer.

(o)

Water service will be provided by a private water company controlled by the developer hereof. Sewer service will be provided by the Saratoga County Sewer District.

(p)

Upon completion of the construction as set forth in this ordinance, the developer will have fully complied with the requirements of the original legislation herein concerning green or open space and active and passive recreation.

Said application for development in the Malta Gardens twenty-acre commercial parcel known as the "SKS Building," and said application for development in the Malta Gardens twenty-acre commercial parcel known as the "Empire Soils Headquarters" be approved by the Town Board of the Town of Malta upon the following conditions:

[Added 10-25-1989]

(1)

That all utilities be located underground.

(2)

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

(3)

That the Town Planning Board of the Town of Malta review the final plans and specifications, and approve or disapprove them as submitted or with modifications.

(4)

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

(5)

No building permit shall be issued until written approval is presented to the Town Building Inspector from the appropriate Fire Department indicating that the provisions which have been made for fire protection in the building in question are acceptable.

The Round Lake Hose Company is hereby authorized to construct a substation on approximately 0.75 acres of land located in planned development district No. 13, Malta Gardens, which 0.75 acres of land is located to the west of lands now or formerly of Charles and Catherine Freemire, and shown on a map designated "Proposed Fire Station, Round Lake Hose Co. No. 1, Town of Malta, New York," dated September 17, 1991, as revised on October 30, 1991, prepared by the environmental design partnership, which substation shall consist of a building of not more than 2,500 square feet, subject to the following conditions:

[Added 11-7-1991]

(1)

No building permit will be issued until such time as the Round Lake Hose Company has complied with all of the requirements of site plan review as set forth in the Zoning Ordinance of the Town of Malta.

(2)

Water to the building will be supplied by a private water company controlled by DCG Development Co. Sewer service will be provided by a system owned partially by DCG Development Co., and partially by the Saratoga County Sewer District.

(3)

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

(4)

A fence will be placed on the east, south and west sides of the premises, with the type and exact location of the fence to be determined during site plan review process.

(5)

No siren will be located on the proposed premises.

(6)

The reference to "possible future building expansion (1,000 square feet)" on the hereinabove-mentioned map will in no way be interpreted to be an approval of any expansion of the maximum two-thousand-five-hundred-square-foot building approved hereby. Any further development on the premises will require an additional amendment to the planned development district.

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. 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.