§ 167A-30. Edgewood Estates Planned Development District No. 24., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 3 of 1992," 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. 24, Edgewood Estates 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-5 to a Planned Development District to be known and described as "Planned Development District No. 24, Edgewood Estates, Town of Malta."

The area of the planned development district consists of 71 plus or minus acres situated on the southeast line of Brownell Road, the west line of Raymond Road and the east line of East Line Road, Town of Malta, County of Saratoga, State of New York, as set forth on a sketch subdivision plan entitled "Edgewood Estates Residential Planned Development District," dated April 16, 1992, which map is annexed hereto and made a part hereof, and designated as Schedule A. The above area is further described by a metes and bounds description appended hereto as Schedule B and incorporated herein by reference as if set forth in full. The metes and bounds description is certified by the surveyor to Thomas Samascott, hereinafter referred to as "the developer."

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

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

Number of lots; lot requirements.

[Amended 10-7-1996]

(1)

The above-described area shall be divided into not more than 33 building lots. 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. 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 35,000 square feet, with the average lot size in no event being less than 80,000 square feet, and further provided that in no event shall any lot have less than 100 feet of frontage, and in no event shall the square footage for a two-story dwelling be less than 1,800 square feet of living space and in no event shall the square footage for a one-story dwelling be less than 1,400 square feet of living space. The developer shall give written notice to any purchaser of a new home within the planned development district of the existence of the greenway/bikeway to the south of the planned development district, and of the existence of the Woschanko light industrial/office building planned development district to the south of the planned development district.

(2)

The storm management easement which is shown on the filed subdivision map concerning this matter as a part of Lot No. 31, is divided from Lot No. 31, creating a 34th lot, but said new lot will not constitute an additional building lot.

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 Building Inspector for any buildings to be constructed on the premises herein described. Sanitary waste disposal will be provided by connection to the Saratoga County Sewer District. Water service will be provided by interconnection with the Northwood Water Company. All necessary approvals concerning said interconnection will be obtained from the appropriate state and local authorities, and the actual interconnection will be completed, prior to the issuance of any certificate of occupancy by the Town of Malta. Water hookups will be made available to the owners of any land abutting the route of the new water main from Northwood Water Company, with one hookup to be provided for each currently occupied existing parcel of land. The cost for any such hookup shall be borne by the individual property owner; provided, however, that in no event shall any fee be charged for a water hookup which is greater than that authorized by the New York State Public Service Commission or other appropriate authority. Each individual property owner qualifying pursuant to the terms hereof to obtain water will be notified of the availability of said water by Northwood Water Company, by certified mail. Each property owner who wishes such water service must request such connection not more than 30 days after receipt of the certified notice. Each property owner who requests such water connection shall have one year following the request in which to finalize the water connection. Copies of the notifications sent pursuant to this section shall be filed with the Town Building Department, with copies of the returned mail certificates.

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. The system will provide a minimum flow of 400 gallons per minute for one hour at the farthest hydrant from the storage tank and fire pump in Laurel Acres. 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. Fire hydrants will be installed on the proposed water main running in the Town right-of-way on Brownell Road, with a maximum of 500 feet between said hydrants. The developer shall not require the Town of Malta to pay hydrant rent for any hydrants in or associated with the planned development district.

There will be a minimum front yard setback of 35 feet from the front yard boundary for eight of the dwellings to be constructed in the above-described premises, and a minimum front yard setback of 40 feet from the front yard boundary for the remaining 25 of the dwellings to be constructed in the above-described premises. There will be a minimum side yard setback of 15 feet from the side yard boundary line for all dwellings to be constructed in the above-described premises, and a minimum rear yard setback of 30 feet from the rear yard boundary for all dwellings to be constructed in the above-described premises. As individual building plans, with actual foundation locations, are submitted to the Town of Malta Building Inspector, said Building Inspector shall assure that the setbacks from the front yard boundary line will be staggered, so that no two lots which are adjacent and fronting on the same road will have the same setback from the front boundary; provided, however, that nothing in this sentence will be deemed to in any way reduce the minimum front yard setback as set forth herein.

The improvements to be constructed within the planned development district shall be constructed in one phase.

The planned development district shall have one access point on Raymond Road which will be a boulevard type entrance, the exact configuration of which will be determined by the Planning Board during the site plan review process. The Planning Board, during site plan review process, will determine the location of the access point on Raymond Road. No new individual driveways from the planned development district will directly access Brownell Road or Raymond Road.

The road proposed in said planned development district and associated stormwater management system 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 the road, with the exception that the permitted width of said road shall be 26 feet instead of 30 feet. The developer shall offer the road as a public road, together with the stormwater management system and any associated drainage easements, 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. The letter of credit or bond shall extend for at least one year past the time when said road is accepted by the Town of Malta as a public highway. This 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.

[Amended 11-9-1995]

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

The Town of Malta shall be paid the sum of $200 per lot, with said sums to be deposited to the Town's recreational fund when building permits are issued for each lot.

Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board. No stumps, debris or other materials will be deposited in the planned development district.

Any utilities in the subject premises shall be installed underground. All utilities, including but not limited to television cables, will be installed in the right-of-way of the road proposed in said planned development district before said road shall be completed and offered to the Town of Malta.

Subject to the reservation and exercise of water rights by the developer within the planned development district, no commercial uses shall be permitted in this planned development district.

All buildings will be constructed in accordance with the New York State Uniform Fire Prevention and Building Code and approved and stamped by a duly licensed engineer or architect. All construction shall be subject to inspection, approval and the issuance of certificates of occupancy by the Town Building Inspector.

The only allowed uses in the planned development district will be a single-family detached residence. Except as amended hereby, the Town of Malta Zoning Ordinance shall in all respects apply to the subject premises.

The developer and/or its grantees shall be prohibited from removing vegetation within 400 feet of Brownell Road, and no structure shall be built within 450 feet of Brownell Road. The developer and/or his grantees shall be prohibited from removing vegetation within 400 feet of Raymond Road, and no structure shall be built within 450 feet of Raymond Road.

The developer will deed to the Town of Malta a strip of land along Brownell Road, designated "Five-foot right-of-way extension along Brownell Road," before issuance of any certificates of occupancy for any buildings built pursuant hereto.

The developer shall be responsible for the repair of any damage to Brownell Road or Raymond Road caused by the developer. The amount of such damage which is caused by the developer shall be determined by the Town of Malta Superintendent of Highways, with the advice of the Town Engineers. The developer shall post a bond or letter of credit in an amount to be established by the Town Engineers prior to the commencement of site work, to ensure the proper protection of said roads, as established by the Town of Malta Superintendent of Highways, with said letter of credit or bond to remain in place until the Town of Malta shall have accepted the road referenced in Subsection J above. Construction traffic for Edgewood Estates shall access the site by way of Route 67.

No driveway on any road in the planned development district shall be wider than 18 feet at the curb cut.

Environmental mitigation measures were recommended by the Town of Malta Planning Board on April 21, 1992, following receipt of recommendations from the Town of Malta Environmental Board. These mitigation measures were addressed to the Town Board as lead agency. These mitigation measures are annexed to a negative declaration adopted by the Town Board of the Town of Malta as lead agency pursuant to Article 8 of the Environmental Conservation Law. These mitigation measures will be completed by the developer. Said negative declaration is annexed hereto, made a part hereof, and designated Schedule C. In addition, not more than one acre of federally designated wetlands, as determined and confirmed by the Town Engineers, shall be disturbed within the boundaries of the PDD.

Editor's Note: Schedule C is on file in the Town offices.

The developer, any purchaser of any lot in the planned development district or any adjacent landowner shall have the right to enforce by any proceeding at law or in equity all easements, restrictions, covenants and agreements imposed by the provisions of this ordinance or the final approval of the site plan and/or subdivision plat for the planned development district by the Town of Malta Planning Board. Failure by the developer, any lot owner or adjacent landowner to enforce any covenants or restriction affecting the planned development district shall in no event be deemed a waiver of the right to do so thereafter.

Prior to the release of the letter of credit or bond described in Subsection J above, the developer shall transfer the ownership of the roadbed of the former railroad on the site to Northwood Water Company, subject to an access easement to the Town of Malta for pedestrian use in connection with a Town greenway or open space corridor. The easement shall include an option to convey the railroad bed to the Town of Malta without cost.

Any violations of the provisions of this ordinance shall be deemed to be a violation of the Town of Malta Zoning Ordinance, and the provisions hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.

If any provision of this ordinance shall be held invalid in an appropriate court proceeding, 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.