§ 167A-31. Shops of Malta Planned Development District No. 25., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 5 of 1992" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 25, Shops of Malta 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 from District C-2 Commercial, C-1 Commercial and District R-1 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. 25, Shops of Malta Planned Development District, Town of Malta."

The area of the planned development district consists of 22.092 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 6-5-1995]

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

The Shops of Malta Planned Development District will contain an outdoor shopping center comprised of a large building containing a retail grocery store and other retail stores with a maximum of 94,000 square feet of building area, two smaller freestanding buildings of a maximum of 4,000 square feet each and other one-story freestanding buildings having a total of not to exceed 29,750 square feet of building area, the erection of which is hereby authorized subject to the terms and conditions of this ordinance. The buildings, roads and other paved surfaces other than sidewalks in the proposed development district will cover not more than 55% of the site, and the remaining area, to wit, not less than 45% of the site, will be used for green space, to include open space, buffer strips, landscaped areas including sidewalks and gazebo and an on-site stormwater management area all as generally shown on a map entitled "sketch plan, Amendment Number 1, Planned Development District, Shops of Malta, prepared by Northeast Land Survey and Land Development Consultants, P.C., dated June 2, 1995" (Appendix B, hereinafter referred to as "sketch plan"). The planned development district will be authorized to have parking for up to 647 cars. The parking for the ninety-four-thousand-square-foot building shall be substantially as set forth in the sketch plan (Appendix B). The balance of parking will be allotted among the freestanding buildings as determined by the Town of Malta Planning Board in the site planning process, keeping the allotted spaces to a minimum amount required by the proposed uses in the buildings, with provision for future parking spaces up to the maximum total set forth above to accommodate potential subsequent changes of use. It will also have either an on-site water supply system or a connection to a public water system, a connection to the County sewer system and an underground water tank with sufficient capacity to meet the flow requirements set forth by ISO. 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. The developer shall complete the following improvements at its cost: construction of a southbound left-turn lane and a northbound left-turn lane on United States Route 9 at its intersection with New York State Route 67; installation of a fully activated traffic signal at the United States Route 9 driveway intersection; construction of a westbound right-turn decelerating lane on New York State Route 67 for vehicles entering the site from the east; and installation of proper regulatory and warning signs in accordance with the Manual of Uniform Traffic Control Devices. 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 to the Town of Malta an amount equal to 13.0%. The actual cost of the proposed improvements to the intersection of New York State Routes 9 and 67 under New York Department of Transportation Industrial Access Project No. 6, (PIN 1752.91, D002728) shall be $50,000, payable at $5,000 per year, for 10 years, pursuant to a contract to be in a form acceptable to the Town Attorney, with the first payment due on the first day of January 1997, and payment due annually thereafter. Said contract will be executed by Reginald Scott, individually, and by the corporation currently developing the planned development district.

[Amended 6-5-1995; 6-3-1996; 10-4-1999]

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

Construction; buffers.

[Amended 6-5-1995; 6-3-1996]

(1)

The developer shall construct the project generally in accordance with the approved sketch plan, annexed hereto (Appendix B). 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 to specific location of buildings or parking lots, or to other related items customarily considered by the site plan review process.

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

(2)

Notwithstanding the above, the developer shall provide sidewalks connecting the various areas within the planned development district, the exact location of which is to be determined by the Town Planning Board in the site plan process. The developer shall construct a sidewalk to the lands of D.S.B. Realty Corp. upon request of the Town Board, and at a location to be determined by the Town Board.

(3)

The developer shall also provide a one-hundred-foot buffer on the north side of the Dunning Street Cemetery.

(4)

The developer shall provide a minimum one-hundred-foot buffer between the common boundary of the PDD and the lands now or formerly of D.S.B. Realty Corp. and the northerly edge of pavement of the peripheral service road and/or any parking area, and an additional buffer with the depth to be determined by the Planning Board along the northerly border of the PDD and the southerly boundary of lands of the Town of Malta. The developer shall provide a thirty-foot buffer along the easterly side of the access road running from New York State Route 67 to the parking area of the project, and along both sides of the access road running from New York State Route 9 to the westerly border of the project. All roof-top antennas or satellite dishes and all dumpsters located in the project will be buffered. These buffer areas shall contain quality landscaping and/or berming as determined by the Town of Malta Planning Board during the site plan review process, which shall either be in place prior to the issuance of any certificates of occupancy for any building on the site or, in the alternative, bonds or letters of credit in amounts for time periods acceptable to the Town Engineers and the Town Attorney to guarantee the performance and/or completion of said buffer areas shall be filed prior to the issuance of said certificates of occupancy.

Development; site plan; certificates of occupancy.

[Amended 6-5-1996]

(1)

The entire project shall consist of buildings not to exceed a total of 130,500 square feet. Parking spaces shall conform to the requirements established by the Town Planning Board during the site plan review process. All existing structures on the site shall be removed by the developer prior to the issuance of any certificate of occupancy for any building on the site. The maximum building height of any building shall be 30 feet. There shall be no building constructed within 120 feet of the edge of the present rights-of-way for New York State Route 9 or New York State Route 67 at their intersection. No building will be closer to Route 9 than the face of Adirondack Trust Company. The developer shall landscape the area adjacent to said roads, construct a gazebo approximately 40 feet in diameter, erect a clock approximately 12 feet high for the use and enjoyment of the residents of the Town of Malta, erect a plaque with historical information about the site and construct a display case for the display of pictures of historical significance to the Town of Malta, all substantially in conformance with the architectural drawings by Straher, Roth, Guilmor, Architects, appended hereto as Appendix C. The developer shall grant to the Town for park purposes an option to purchase for $1 a parcel of land hereinafter referred to as the park parcel, as shown on the sketch plan appended hereto as Appendix B, which shall encompass the gazebo, clock, plaque and display case. Any conveyance to the Town shall reserve an irrevocable easement and right-of-way over the access road connecting the project to Route 67, as set forth in the sketch plan. Upon the issuance of a certificate of occupancy for the large ninety-four-thousand-square-foot building and the three four-thousand-square-foot buildings, the developer shall attempt in good faith to obtain a release from the encumbrance of any mortgage covering the park parcel. The park parcel may be used by the developer and occupants of the buildings of the district for promotional purposes not inconsistent with the public use. There shall be no sale of any merchandise within that parcel. The developer shall not remove any trees over 18 inches in diameter located within this park parcel without the approval of the Planning Board. The developer has also agreed to retain, to the maximum extent practicable, the large mature trees existing on the site, and to construct sidewalks throughout the landscaped areas near the intersection. All items to be completed in this subsection will be done prior to the issuance of a certificate of occupancy for any building on the site.

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

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

(2)

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.

(3)

Individual certificates of occupancy must be obtained from the Town of Malta Building Department by each individual tenant prior to occupying any building or any portion of a building within the Shops of Malta planned development district, regardless of whether the tenant is one of the original tenants or a successor.

All traffic control signs required for this project and all road markings associated with the project shall be completed by the developer prior to the issuance of any certificate of occupancy concerning this project.

Signs.

(1)

Except as hereafter provided, all signs within the district shall comply with the standards for signs in shopping centers and shopping malls as set forth in Article VIII, § 167-27E, of the Town of Malta Zoning Ordinance. There shall be one doubled-faced sign located at the Route 67 entrance, and one double-faced sign located at the Route 9 entrance, both of which signs shall substantially conform to the architectural drawing appended as Appendix B, and to the dimensional requirement of the Zoning Ordinance.

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

(2)

The facade sign for the Grand Union shall be substantially in conformance with the photograph appended as Appendix D, and to the dimensional requirements of the Zoning Ordinance.

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

(3)

The facade signs for all other tenants shall be substantially in conformance with the photograph appended as Appendix D, and dimensional requirements of the Zoning Ordinance. These signs shall be constructed of wood with recessed letters painted with gold leaf type paint.

(4)

Identification signs may be used to identify rear doors and delivery areas of the tenants of the large building. Lettering on such signs shall be limited to the name of the tenant and shall be no more than three inches in height.

Construction of buildings.

(1)

The ninety-four-thousand-square-foot building of the district shall be constructed with masonry/brick facades substantially in conformance with the photograph and architectural drawings appended as Appendixes D and E.

Editor's Note: Appendixes D and E are on file in the Town offices.

(2)

The rear of the large ninety-four-thousand-square-foot building shall be constructed of masonry material and finished with hydrosite, and shall be constructed substantially in conformance with the architectural drawings appended as Appendix E.

(3)

The freestanding buildings shall be of colonial architectural design and substantially in conformance with the architectural drawings appended as Appendix C.

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

Water will be supplied by either a thirty-gallon-per-minute on-site production well or connection to a public water system, with a 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 off-site 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.

[Amended 6-5-1995]

Firesafety requirements.

(1)

All buildings will be constructed in accordance with New York State Building and Fire Codes. All blueprints and building specifications shall be approved and stamped 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. Each business location within the project shall have its own alarm system to separately indicate the location of a fire. Any enunciator panel will be visible from outside the building. 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. Fire hydrants shall be installed in accordance with appropriate standards and codes.

(2)

The site shall provide fire lanes to all buildings which shall be clearly marked with above-grade signs and which shall be wide enough to permit two-way truck traffic. Any building constructed over 28 feet from grade shall provide direct access to the roof. There shall be a maximum of 500 feet between fire hydrants, and a maximum of 500 feet between any building and a fire hydrant.

All utilities shall be installed underground. The site may not be subdivided without the approval of the Malta Town Board.

No outside storage of any products or equipment shall be permitted on the subject premises, except for sale in the normal course of business.

Except as hereinafter provided, the uses permitted within the district shall be churches, retail grocery stores, retail stores, personal services, restaurants, professional offices and banks, health club, licensed chiropractor's office, licensed massage therapist's office, karate classes; and/or aerobics classes, provided that amusement/video arcades and car washes shall not be permitted. No more than one of the freestanding, four-thousand-square-foot buildings may be used as a fast-food restaurant. "Fast-food restaurant," for purposes of this ordinance, shall mean a restaurant where food is served primarily at a pick-up counter or a drive-through window, such as McDonalds, Burger King, Wendy's, Kentucky Fried Chicken, Taco Bell, Roy Rogers, etc. The remaining freestanding buildings may be used for restaurants, including family restaurants, such as Ponderosa, Friendly's, etc., provided that such restaurant shall not be constructed with a drive-through window. The large ninety-four-thousand-square-foot building may contain fast-food restaurants, but such fast-food restaurant shall not have any drive-through window. The remaining freestanding buildings may not be used as a fast-food restaurant.

[Amended 6-5-1995; 6-3-1996; 11-3-1999; 8-5-2002]

Performance bonds or letters of credit.

(1)

The developer shall file bonds or letters of credit in the amounts and for the time periods required by the Town Planning Board and acceptable as to amount and form to the Town Engineers and Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district ordinance, including but not limited to 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 for one year after completion of landscaping on the project site.

(2)

The Planning Board shall determine the time at which the developer shall file such bonds.

Roads.

[Amended 6-5-1995]

(1)

All roads, drainage easements and related rights-of-way shall be constructed and/or located by the developer in accordance with the site plan as approved by the Town Planning Board, and shall be approved by the Town Engineers. The developer shall construct access roads into the site from New York State Route 9 and New York State Route 67 (Dunning Street) substantially as set forth in the sketch plan (Appendix B).

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

(2)

The developer shall construct an interior road as shown on said sketch plan as "future Town road," which road shall provide access to the lands to the west for possible future connection to Kelch Road. The right-of-way of the "future Town road" shall abut the lands of the Town of Malta as shown on Appendix B to the north. The developer shall afford access to the future Town road From the lands of the Town of Malta upon the request of the Town Board, and at a location to be determined by the Town Board.

(3)

Said future Town Road shall be constructed fully in compliance with the specifications for a Town road in the Town of Malta, and shall be offered for dedication to the Town by the developer at no cost to the Town. In the event that the connection to Kelch Road is made, the Town Board shall have the option of terminating the left-hand turn for eastbound traffic on New York State Route 67 into the site in its sole discretion, provided that said option may not be exercised before one year has expired after the dedication of Kelch Road as a public thoroughfare, and further provided that said left-hand turn may not be terminated following the exercise of the option until six months after written notice has been given, by certified mail, to the developer, by the Town Board, at the address for the developer then listed in the records of the Town Assessor.

(4)

Concrete curbs will be provided by the builder along the interior islands and building islands within the project, with the exact location thereof to be determined during the site plan review process.

This ordinance shall be deemed revoked and void and the previous regulations shall obtain if within three 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. Any time period set forth herein may be extended by resolution of the Town Board of the Town of Malta.

The Malta Town Board, as lead agency for this project pursuant to the State Environmental Quality Review Act, has adopted 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 F. 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.

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

The developer agrees neither to apply for nor to utilize any program which will allow the developer to obtain special real property tax, sales tax or mortgage tax benefits concerning the project. The developer agrees to notify the Town of its application to any I.D.A. or similar program.

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 require by law.