§ 167A-24. Saratoga Village Planned Development District No. 18., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 1 of 1987" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 18, Saratoga Village 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 C-2 Commercial, C-1 Commercial and District R-2 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. 18, Saratoga Village Planned Development District, Town of Malta."

The area of the planned development district consists of 49.2 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A (legal description) attached hereto and made a part hereof.

[Amended 11-3-1999 by Ord. No. 5-1999]

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

The Saratoga Village planned development district will provide for the proposed construction of a retail factory outlet center with approximately 200,000 square feet of building area. The buildings, roads and other paved surfaces in the proposed development district will cover about 30.0 plus/minus acres of the site. The remaining 30.0 plus/minus acres will be used for open space, buffer strips, landscaped areas and an on-site stormwater management area. The planned development district will be authorized to have parking for up to 962 plus/minus cars. It will also have an on-site water supply system, a connection to the County sewer system and a one-hundred-thousand-gallon underground water tank with a dry hydrant connection for water supply and fire protection. The design, construction and maintenance of all buildings and landscaping within the Development District will be done by the developer to assure a compatible, aesthetically pleasing development in a "colonial Village" atmosphere. Improvements to New York State Route 9 at the proposed site access road intersection, to New York State Route 67 at the proposed site access road intersection, to the intersection of New York State Route 9, New York State Route 67 and Dunning Street, to the section of Route 67 between I-87 and the proposed site access road, and to the intersection of New York State Route 67 and I-87, including the ingress and egress systems at that intersection, as required by the New York State Department of Transportation after its review of the developer's traffic study, and as finally approved by the New York State Department of Transportation and the Town Engineers, will be completed by the developer at its cost. 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. The developers have also agreed to contribute the amount of $10,000 to the Town of Malta to fund a long-range traffic improvement study to address transportation needs which may be induced as a result of the planned development district, and other area developments which this PDD may encourage, and to pay their fair share of any transportation improvements which the long-range traffic study concludes are needed. The Town of Malta shall have the authority in its sole discretion to determine when the study will be done, who will complete it and shall have the ultimate authority in its sole and reasonable discretion to determine the "fair share" of the developer for any transportation improvements which the study concludes are needed. The Town of Malta will seek input from the New York State Department of Transportation on selection of a traffic consultant and scheduling of the long-range improvement study.

The developer shall construct the project generally in accordance with the approved sketch plan, as approved by the Town of Malta Planning Board and Town Board. The planned development district application dated April 20, 1987, and sketch plan dated February 1987 are incorporated by reference and hereby made a part of this ordinance. 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. It is the intention of this provision to provide the developer with flexibility for a mixture of commercial/retail space. The sketch plan is not intended to limit the developer with respect to a specific number of buildings, specific location of buildings or parking lots or other related items customarily considered by the site plan review process.

The entire project shall consist of buildings not to exceed a total of 200,000 square feet. 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 except for the clock tower and church steeple which shall be of the heights approved 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 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, 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 will be supplied by a fifty-gallon-per-minute on-site production well and water system serving all buildings within the district. 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. 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.

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 will contain a fire alarm system having direct alarm connection to the appropriate fire company and/or fire control center. 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 Round Lake Fire Chief may grant a wavier of the requirement of installation of alarm systems in sprinklered areas. Any such waiver shall be in writing and filed with the Town of Malta Building Department and the Town of Malta Engineers. Fire hydrants shall be installed in accordance with appropriate standards and codes.

All utilities shall be installed underground.

No outside storage of any products or equipment shall be permitted on the subject premises.

Uses.

[Amended 1-1-1996]

(1)

The uses of the commercial and/or retail buildings to be constructed within this district shall be those permitted by the current Town of Malta Zoning Ordinance for commercial or retail use, provided that amusement/video arcades, laundromats and car washes shall not be permitted.

(2)

Mass-gathering type of events will be allowed in the planned development district on a case-by-case basis. No such mass-gathering type of event will be allowed until such event has been submitted to the Town Board of the Town of Malta for its approval. The Town Board of the Town of Malta may approve, approve with modifications or disapprove any such submission. In any event, each such mass-gathering event must comply with the requirements of the Town of Malta Mass Gathering Ordinance, as appropriate, together with any other requirements which the Town Board of the Town of Malta may deem appropriate.

Editor's Note: See Ch. 55, Assemblies.

(3)

Additional authorized uses.

[Added 2-7-2000]

(a)

Uses.

[1]

The construction of a one-hundred-twenty-five-room hotel of no more than three stories in height to be built in one or two phases is authorized. Should the then owners of the Saratoga Village Planned Development District desire that the hotel building be over three stories in height, they may apply to the Malta Town Board, which may, in its sole discretion, approve or disapprove a hotel building over three stories in height.

[2]

The construction of a commercial building of a maximum of 12,000 square feet is authorized. The permitted uses for such commercial building are limited to a sit-down restaurant (with no authority to serve fast food and with no authority for drive-through window service of any type), a bank, a commercial and/or professional office building, with any other uses only permitted by further amendment of the Planned Development District.

(b)

The existing Malta Commons signs located on U.S. Route 9, and adjacent to the Northway, must be removed prior to the issuance of any building permit for the construction of any buildings authorized in this Ordinance.

(c)

A rendering of any building to be constructed in the Planned Development District, and a site plan of the building, must be submitted to and approved by the Town Board of the Town of Malta prior to the issuance of any building permit for the construction of such building.

(d)

No further buildings may be constructed, nor may any existing buildings be expanded, unless the Planned Development District is amended by the Town Board of the Town of Malta to permit such buildings or such expansion.

Signs.

[Amended 5-2-1994; 6-6-1994; 10-3-1994; 2-5-1996]

(1)

All signs within the District shall be approved by the Town Board of the Town of Malta.

(2)

The Town Board of the Town of Malta hereby approves a sign at the southwest corner of said planned development district, as shown on the annexed Exhibit A, which sign will be no more than 480 square feet in size, and which sign will be internally illuminated, but will have no blinking or flashing lights, and will be approximately as shown on the annexed Exhibit B; provided, however, that any approval required by any state or local authority, if any, including but not limited to the New York State Department of Transportation, will be obtained by the developer prior to the construction of said sign. The words on the sign shall be "Malta Commons Factory Outlets & Specialty Shopping."

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

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

(3)

A banner-type sign, as defined by the Town of Malta Zoning Ordinance, and as set forth on the annexed Exhibit "C Desirable," be and the same hereby is approved, with said banner-type sign to cover the bottom two lines of wording on said sign located within 300 feet of the Adirondack Northway, with said banner-type sign to be removed within six months of the date of installation of the sign.

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

Performance bonds or letters of credit.

(1)

The developer shall file bonds or letters of credit in the amounts established by the Town Planning Board and acceptable as to amount and form to the Town Engineers and Town Attorney to guarantee the following:

(a)

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

(b)

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

(c)

The satisfactory completion and maintenance of landscaping on the project site.

(2)

The bonds or letters of credit shall be filed for the period of time to be determined by the 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.

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, shall be approved by the Town Engineers and shall be offered without cost to the Town of Malta. The connector road between New York State Route 9 and New York State Route 67, as proposed in the sketch plan dated February 1987, shall be 30 feet wide.

Fifty parking spaces shall be set aside by the developer for use by the Town of Malta Park and Ride program.

This ordinance shall be deemed automatically revoked and void and the previous regulation shall obtain if within two years from the date of this ordinance commencement of construction of the project has not begun or if substantial progress does not continue without undue interruption. Any delay in construction extending for more than 12 months shall effect an automatic revocation and voiding of this ordinance, except as to the area on which construction has been completed.

The developer will not seek any tax abatement greater than an initial first-year tax exemption of 50%, which exemption shall decrease annually by 10% for a period of five years such that, commencing with the sixth year, such exemption shall be completely eliminated.

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.

2009 amendments.

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

(1)

This local law shall be known as "No. 1 of 2009 and amends Chapter 167A of the Town of Malta Zoning Code, the "Saratoga Village PDD No. 18," which was adopted on April 23, 1987, by the Town Board of the Town of Malta by Ord No. 1A-1987. In all instances where the amendment set forth below shall be in conflict with any previous zoning actions of the Town Board of the Town of Malta, the amendment shall control. In all other regards, the previous provisions of this planned development district shall apply.

(2)

The Town of Malta Code as set forth therein is amended to allow for the construction of a bank, with a drive-through window in substantial conformance with the attached Appendix AA. It is noted that the drive-through is being located as placed on the plans because an existing building is being modified.

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

(3)

Development area and uses. The Saratoga Village PDD uses are hereby amended to allow for the construction of a bank and drive-through window in the northwest area of the planned development district in the existing structure as set forth on Appendix AA.

(4)

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

(a)

The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix AA, including landscaping, sidewalk, architectural elements, colors, pavement markings and signage.

(b)

This bank shall be subject to site plan review by the Planning Board of the Town of Malta.

(c)

The developer shall provide a sidewalk pursuant to the Town of Malta 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.

(d)

The developer shall also be required to insure that the previous amendment to this planned development district enacted in 2008 concerning a landscaping buffer along Interstate 87, requiring the planting of various species of trees and other vegetation, shall be completed prior to the issuance of a certificate of occupancy for the bank. This buffer shall be completed by June I, 2009, or a bond, as set forth below, shall be posted.

(e)

If applicable, a final stormwater management report plan shall be submitted for review and approval by the Town during site plan review. A NYS Department of Environmental Conservation response letter of the notice of intent and stormwater pollution prevention plan shall be filed with the Malta Building and Planning Department as required by law.

(5)

Building code. All structures will be constructed in accordance with the building codes as adopted by the Town of Malta.

(6)

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:

(a)

The required sidewalk, as set forth above;

(b)

The landscaping buffer required by a previous 2008 amendment of this planned development district, which shall be completed by June 1, 2009, or a bond shall be required to be posted;

(c)

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

(7)

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.

(8)

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.

Editor's Note: This section was amended 10-6-2008 by L.L. No. 8-2008 by the addition of two renderings which are on file in the Town offices.