§ 167A-26. Laurel Acres Planned Development District No. 20., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

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.

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 Zoning Inspector for any buildings to be constructed on the premises herein described. Sewer service will be provided by on-site individual septic systems. Water service will be provided by the creation of a private water company to be developed by the owner of said planned development district. The water system, as developed, will be interconnected with the Pine North Development Water System, so that the water system developed for Laurel Acres can provide water to Pine North in the event of an emergency. An interconnection between the system to be developed for Laurel Acres and the plan currently being developed by Frank Petar shall be offered to said Frank Petar. All necessary approvals concerning said water system and any connections or interconnections of the water system as herein set forth will be obtained from the appropriate state and local authorities.

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 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.