§ 167A-27. Knolls Eleven Planned Development District No. 21., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 7 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. 21, Knolls Eleven 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, Knolls Eleven Planned Development District, Town of Malta."

The area of the planned development district consists of 72.2 acres in the Town of Malta, County of Saratoga, State of New York, situate on the west side of Ruhle Road and south side of Miller Road as set forth in the plan dated November 9, 1988, and placed on file with the Planning Board of the Town of Malta.

There shall be constructed within the above-described area 101 single-family dwellings, all as set forth on the plan dated November 9, 1988, and prepared by ABD Engineers & Surveyors, and placed on file with the Town Planning Board of the Town of Malta. The exact size and configurations of the lots herein shall be determined by the Malta Town Planning Board who shall retain final site plan approval and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board.

The appropriate written approvals for water, sewer and drainage systems shall be obtained by the applicant, at its expense, 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 Building Inspector for any buildings to be constructed on the herein-described premises. The water and sewer services for said buildings shall be provided by the Country Knolls Water Works, Inc., and Country Club Acres, Inc.

There shall be a minimum lot size of not less than 40,000 square feet on all lots fronting Miller and Ruhle Roads. All other lots in the planned development district shall have a minimum size of no less than 18,000 square feet. The minimum lot frontage shall be 100 feet at building line; the yard setback shall be 15 feet; the minimum front yard setback shall be 40 feet; and the minimum rear yard setback shall be 15 feet for any structure including accessory buildings. All lots in the interior shall average not less than 22,000 square feet.

All drainage easements shall be a minimum of 25 feet in width, 12.5 feet from the center line of the pipe or ditch, and, in addition to the easements for ditches and pipes, the developer shall convey to the Town of Malta a twelve-foot-wide easement around the perimeter of any detention pond or ponds.

All utilities including but not limited to gas, electric, etc., shall be serviced by underground pipes, wires and conduits.

The developer shall provide to the Town of Malta a right-of-way to adjacent lands of Rosell on the west, sufficient for future construction of a Town road.

The developer shall provide to the Town of Malta at the time of issuance of a building permit for the planned development district the sum of $200 per lot, such sum to be known as a "recreation fee."

The application fee for this application, payable at the time of approval of said planned development district, shall be calculated as follows: $800 for the first 10 lots and $50 for each lot thereafter.

The Town of Malta Planning Board shall establish minimum landscaping requirements for each lot.

The developer shall minimize the removal of vegetation where practical (to be approved by the Planning Board).

The developer shall include sufficient landscaping to offset removal of vegetation (to be approved by the Planning Board).

The developer shall design and construct roadways and other infrastructure components in accordance with the Subdivision Regulations.

Editor's Note: See Ch. 143, Subdivision of Land.

No Sunday construction shall be allowed.

A soil conservation plan shall be submitted by the developer at the site plan approval stage (to be approved by the Planning Board).

The construction schedule shall minimize interference with both existing and new adjacent dwellings (to be approved by the Planning Board).

The water system shall be looped through the Hearthwood Development to enhance the system.

The water system installed in this planned development district shall provide for fire hydrants and the operation thereof in accordance with I.S.O. standards and flow requirements.

The Town of Malta shall be given a permanent easement over the area or areas of the detention pond or ponds and easement for access to said pond or ponds and easements to all drainage to and from said pond or ponds, all in accordance with the stormwater management plan herein.

Water and sewer service is to be provided to adjacent properties on Ruhle and Miller Roads as permitted by governing agencies. Lines from street or road to dwelling shall be installed at the homeowners' expense.

This project shall include the construction of a series of detention ponds which allow for the release of stormwater for a twenty-five-year storm event at rates which are equal to or lower than predevelopment rates (predevelopment rate as established in the stormwater management report), and the Town shall be given a permanent easement over the area or areas of the detention pond or ponds and easements for access to said pond or ponds all in accordance with the stormwater management plan herein.

The detention ponds must be constructed as part of the planned development district on lands owned by the developer on the east side of Ruhle Road.

Easements shall be granted for all drainage structures (pipes, swales or catch basins) which do not fall within a proposed right-of-way.

Should the development plan be altered by site plan approval by the Planning Board, the stormwater management plan must be updated to reflect the increase or decrease of runoff (to be approved by the Planning Board).

AA.

The developer herein shall convey a strip of land 10-1/2 feet wide on the east side of Ruhle Road for the entire length of the developer's ownership. The strip herein is to be deeded to the Town of Malta for highway purposes. In addition, the developer shall convey to the Town of Malta a five-and-one-half-foot strip on the south side of Miller Road for the entire length of developer's ownership; the strip herein is to be given to the Town of Malta for highway purposes.

BB.

A traffic signal will be required at the intersection of Ruhle, Round Lake and Raylinski Roads. The developer shall contribute the sum of $5,000 to the Town of Malta, which amount shall be used toward a traffic signal at the intersections of Ruhle, Round Lake and Raylinski Roads. Said amount is to be paid at the time of approval of the planned development district.

CC.

The Malta Town Planning Board shall make provisions in its final site plan review for planting of trees and other landscaping to implement landscaping as shown on the map dated November 9, 1988, and a letter of credit will be provided to the Town of Malta in an amount determined by the Town Engineer, all prior to the issuance of any building permit.

DD.

The developer shall provide a letter of credit in an amount determined by the Malta Town Planning Board to ensure proper completion of all roads to be constructed in this planned development district.

EE.

The developer must furnish to the Town of Malta a letter of credit in an amount approved by the Town Engineer and Highway Superintendent for all necessary road improvement on Ruhle Road from Round Lake Road to Miller Road, said road to be paved a minimum of 24 feet wide. All other improvements shall be in accordance with the Town specifications and approved by the Town Engineer and Highway Superintendent. The letter of credit herein shall be for a maximum of five years and issued prior to the approval of any building permits; the Town of Malta may require road construction at any time within the five-year period.

FF.

During the course of construction of the planned development district herein, the developer shall be responsible for the maintenance of Ruhle Road from Round Lake Road to Miller Road, and Miller Road from Ruhle Road to East Line Road with exception of snowplowing.

GG.

No permanent structures except detention ponds and related appurtenances may be constructed within the three-hundred-foot buffer zone along Interstate 87 (Northway).

HH.

The developer is required to notify each original owner of any lot in this planned development district that there may be future development on the east side of Ruhle Road, which development may include such items as a golf course, single-family residence, townhouses, cluster buildings, patio houses, etc.

II.

At the time of formal application for development of 48 plus or minus acres on the east side of Ruhle Road, if such application includes provisions for a golf course, an integrated pest management plan must be submitted to and approved by the Soil Conservation Service.

JJ.

Except as amended hereby, the Town of Malta, New York, Zoning Ordinance shall, in all respects, apply to the subject premises.

KK.

No commercial uses shall be permitted in the Knolls Eleven Planned Development District, Town of Malta, Saratoga County, New York.

LL.

If any provision of this ordinance shall be held invalid, the remainder of this ordinance shall not be affected thereby.