§ 167A-37. Legend Planned Development District No. 31., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 5 of 1996" 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. 31, Legend 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 area shown on a map entitled "Portion of Lands of Round Lake Rod and Gun Club, Inc., for William Parker," by Northeast Land Survey & Land Development Consultants, P.C., as revised through December 17, 1996, annexed hereto and made a part hereof as Schedule A, from the existing Land Conservation Zoning to a planned development district to be known and described as "Planned Development District No. 31, Legend Planned Development District, Town of Malta."

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

The area of the planned development district consists of 19.385 acres situated at the south end of Ruhle Road North, at the north side of Ballston Creek, Town of Malta, County of Saratoga, State of New York, as set forth on the annexed Schedule A.

The above-described area shall be divided into four building lots. There shall be constructed within the above-described area only single-family detached dwellings, with one such dwelling per building lot. The exact sizes and configurations of the lots in said planned development district shall substantially conform to the annexed Schedule A. The Town of Malta Planning Board shall retain final site plan approval over the project. 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 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 individual on-site systems on each lot. Water service will be provided by individual wells located on each lot.

Front yard setbacks for the individual lots shall be a minimum of 50 feet, side yard setbacks for the individual lots shall be a minimum of 25 feet and back yard setbacks for the individual lots shall be a minimum of 50 feet.

"No-build/no-cut" zones will be established as set forth on the annexed Schedule A, with such additional no-build/no-cut zones as may 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. Proposed deeds to the subject lots, containing said restrictions, will be submitted to the Town Attorney of the Town of Malta for his approval prior to the granting of any certificates of occupancy for the subject lots. These zones are meant to provide a buffer between this planned development district and abutting properties. No clear-cutting will be allowed in these zones, and no live trees over three inches in diameter as measured at the base will be allowed to be cut. No building, including driveways, sheds or any other type of construction, will be allowed in the no-build/no-cut zones. There will be a fifty-foot easement given to the Town of Malta along the Ballston Creek from the high water mark of the Ballston Creek for pedestrian traffic only, as shown on the annexed Schedule A. The developer will give the Town an easement measuring 100/100 from the center of the stream north along Ruhle Road North as shown on the annexed Schedule A for the purpose of possible future construction at the bridge site. The developer will deed five feet to the Town of Malta on either side of Ruhle Road North as shown on the annexed Schedule A. All easements and deeds given to the Town of Malta pursuant to this legislation shall be at no cost to the Town of Malta and shall be given to the Town before the first certificate of occupancy is issued. The developer shall present to any buyer of a lot included in this planned development district a copy of the final subdivision map as filed, and will be required to sign an acknowledgment at the Building Department of the Town of Malta stating that he has given a copy of the subdivision map to any new buyer prior to the issuance of any certificate of occupancy.

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

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

The cul-de-sac proposed in said planned development district and 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 and substantially as shown on the annexed Schedule A. The developer shall offer the cul-de-sac 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 further offer to quit claim any part of the existing Ruhle Road right-of-way included in the planned development district, as shown on the annexed Scheduled A, to the Town of Malta without cost to the Town of Malta. 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 Engineer prior to the issuance of any building permit. The letter of credit or bond shall extend for at least one year past the time when said cul-de-sac 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.

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

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

The developer shall be responsible for the repair of any damage to Ruhle Road North 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 prior to the commencement of site work to ensure the proper protection of said road as established by the Town of Malta Superintendent of Highways, with said letter of credit or bond to remain in place until release by the Town of Malta Superintendent of Highways with the advice of the Town Engineer.

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. 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 certificates 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.

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 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 of Malta as required by law.