§ 167A-32. Parker Planned Development District No. 26., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 26 of 1993," 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. 26, Parker 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 Land Conservation and R-1 to a Planned Development District to be known and described as "Planned Development District No. 26, Parker Planned Development District, Town of Malta."

The area of the planned development district consists of 18.5 acres situated on the west side of Ruhle Road, Town of Malta, County of Saratoga, State of New York, as set forth on a map entitled "Planned Development District for Lot No. 4 of the Lands reputedly of William S. Parker, Town of Malta, Saratoga County, New York," made by Frank Rapant, Jr., P.C., 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.

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

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

The above-described area shall be divided into not more than four 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 the 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 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 the individual on-site systems on each lot. Water service will be provided by individual wells located on each lot.

Front, side and back yard setbacks for the individual lots will be established by the Town of Malta Planning Board during the site plan review process, and will be placed on the final subdivision map. The driveways for Lots 4, 5 and 6 will be constructed so as to provide adequate emergency vehicle access. A detailed drawing of the proposed construction of said driveways will be submitted to the appropriate fire department and the Town Engineer for their consideration and approval.

"No-build" and "no-cut" zones will be established by the Planning Board during the site plan review process and will. be set forth on the final subdivision map, and included in deed restrictions. These zones are meant to provide a buffer between this planned development district and abutting properties. No clear-cutting will be allowed in either of these zones, and no live tree over three inches in diameter, measured at the base, will be allowed to be cut within the no-cut zone; provided, however, that pruning will be allowed. No building, including driveways, sheds or any other type of construction, will be allowed in the no-build zone.

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

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, except that the permitted width of said road pavement shall be 22 feet instead of 30 feet, and except that the road cul-de-sac shall be as hereinafter set forth. 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. The 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. The diameter of the cul-de-sac, including the road right-of-way and pavement, will be 150 feet. The diameter of the center island will be 80 feet. The width of the road pavement in the cul-de-sac will be 20 feet, with 15 feet of additional right-of-way off pavement. The cul-de-sac may include a portion of Lot 3 of the original subdivision of this land.

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

The Town of Malta shall be paid the sum of $300 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 during the site plan review process. 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.

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 certificate of occupancy by the Town Building Inspector.

The only allowed use 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.

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 planned development district.

The applicant shall, by quit-claim deed, deed the land from the property line of the applicant to the property line of the property owned by the Town of Malta, as set forth on the annexed Schedule A.

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

The applicant shall deed an easement along the southwesterly border of the lands designated on Schedule A as "Lands of Marone," where said lands abut Lot No. 7 of the planned development district, which easement shall be 20 feet wide, and will be for the purpose of providing a bikeway and a pedestrian travelway across said easement. In the event that the Town of Malta or another appropriate municipality acquires title to the "Lands of Marone," said easement shall revert to the then-owner of said Lot No. 7 in the planned development district. The applicant shall deed an easement along the northerly border of the proposed planned development district, where it abuts New York State Route 67, which easement shall be 20 feet wide, and will be for the purpose of providing a bikeway and a pedestrian travelway across said easement.

Any violation 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 provisions 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 and publishing in the official newspaper of the Town of Malta as required by law.