§ 167A-38. Highpointe at Malta Planned Development District No. 32., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 7 of 1997" and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 32, Highpointe 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 below from the existing C-1 Commercial and R-1 Residential to a planned development district to be known and described as "Planned Development District No. 32, Highpointe Planned Development District, Town of Malta."

The area of the planned development district consists of 150.37 plus or minus acres in the Town of Malta and is bounded and described as set forth in Appendix A (Site Plan SE-3 "Highpointe at Malta Planned Development District," County of Saratoga, Town of Malta, State of New York, prepared by Reimann Buechner Partnership, dated November 1, 1996, last revised March 31, 1997), attached hereto and made a part hereof (which site plan is hereinafter referred to as "Appendix A").

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

The Highpointe planned development district will contain the following, all as more particularly shown on Appendix A and Appendix G, presented to the Town Board, which appendices are determined by the Town Board to comply with this legislation:

[Amended 7-5-2011 by L.L. No. 8-2011]

(1)

Twenty thousand square feet of commercial office space contained in one or two separate, freestanding buildings to be located on the parcel designated as the commercial parcel (hereinafter the "commercial parcel") on Appendix A, the erection of which is hereby authorized subject to the terms and conditions of this ordinance. The maximum building height of any building shall be 30 feet. The commercial portion of the planned development district shall have parking and buffering shown on Appendix A and as established during the site plan review process by the Planning Board.

(2)

Two hundred four senior apartments including senior citizen residential units, independent living units and assisted living care units ("senior apartments") contained in two separate two-story freestanding buildings with a total maximum size not exceeding 168,000 square feet to be located on the parcel designated as the apartment parcel (hereinafter the "apartment parcel") on Appendix A, generally as shown on Appendix D and Appendix G, the erection of which is hereby authorized subject to the terms and conditions of this section. The maximum height of such buildings shall be 30 feet. The senior apartments shall be subject to a deed restriction that occupancy of the senior apartments shall be reserved exclusively for occupancy by person 55 years of age and older, which deed restriction, in substantially the form annexed hereto as Appendix B, subject to the Town Attorney's review and approval, the restriction shall be recorded in the County Clerk's office simultaneously with the recording of the final plat for the planned development district. Proof shall be furnished to the Town Attorney of the recording of said covenant and restriction, prior to the issuance of any building permits. No real property tax abatement shall be granted to the senior apartments.

Editor's Note: Said appendices are on file in the Town offices.

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

(3)

Seventy-six lots for single-family residences ("single-family lots") and 74 lots for patio-style single-family residences ("patio-homes lots"), all substantially as shown on Appendix A.

(4)

A parcel of land consisting of approximately four plus/minus acres of land to be deeded to the Town of Malta prior to the issuance of any building permit within the district for use in the future as a community center, substantially as shown on Appendix A. Water and sewer service connections shall be provided.

(5)

One or more parcel(s) of land, substantially as shown and designated on Appendix A, will be deeded to a homeowners' association subject to a Declaration of Covenants, Easements and Restrictions in substantially the form annexed thereto as Appendix C, which declaration shall be recorded in the County Clerk's Office, subject to the Town Attorney's review and approval, simultaneously with the recording of the final plat for the planned development district.

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

(6)

The project will be developed with an anticipated build-out schedule of four years, excluding the commercial area. The build-out and number of homes will be driven by market demand and absorption rate. Construction of the senior apartment will proceed as soon as financing can be obtained. The developers shall make application for such financing as soon as practicable, and commence construction of 82 senior apartments as soon as practicable. In the event that 100 single-family homes have been constructed and no senior apartment house construction has begun, no further building permits will be issued for single-family homes until such time as 82 senior apartments are under active construction and at least 25% complete in the opinion of the Town of Malta Town Engineer. In order to minimize the impact associated with construction, traffic will be directed to the access point which is closest to the area then under construction.

(7)

The Highpointe at Malta planned development district will contain approximately 40% open space (including the areas designated on Appendix A as the Highpointe Commons and the Highpointe Fields) substantially as shown on Appendix A, all of which lands shall be subject to the aforesaid Declaration of Covenants, Easements and Restrictions. The open space will be partially owned by the aforesaid homeowners' association and partially owned by the owner of the apartment parcel as shown on Appendix A. Each such owner shall be responsible for the maintenance and upkeep of its portion of the areas of the open space.

(8)

The design and construction of the buildings and landscaping within the commercial parcel will be done by the developer to ensure a compatible development. The developer shall improve the portion of existing Cramer Road shown on Appendix A between Route 9 and the new access road into the planned development district, to Town standards. The developer shall install the privacy barrier adjacent to Cramer Road as shown on Appendix A. The developer shall also deed to the Town a strip of land along the northern boundary of this district abutting existing Cramer Road, of approximately 10 plus/minus feet in width, to create a right-of-way width of 35 feet measured from the center line of existing Cramer Road to the property line of the district. The aforesaid deed to the Town shall be subject to the Town Attorney's review and approval and subject also to furnishing proof of the recording of said deed prior to the issuance of building permits. The Town also shall take whatever steps are required to accept conveyance of the aforesaid properties.

(9)

The developer shall install additional vegetative buffers as shown on Appendix A and as established during the site plan review process by the Planning Board prior to the issuance of any certificate of occupancy within 200 feet of such buffer is located. In addition, deed restrictions restricting the cutting of vegetation on portions of lots within the district which abut adjoining properties as shown on Appendix A and as established during the site review process by the Planning Board shall be included in the aforesaid Declaration of Covenants, Easements and Restrictions, which declaration shall provide that such restrictions shall be enforceable by the homeowners' association created for the district.

(10)

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.

(11)

Each purchaser of a home built on a single-family lot and/or a patio-home lot shall be notified in writing of the existence of the Albany-Saratoga Speedway prior to execution of any contract to purchase said home and each deed to any such home shall also contain a notice of the existence of said Albany-Saratoga Speedway. Each tenant at the time of leasing of an apartment in the senior apartments shall be notified in writing of the existence of the Albany-Saratoga Speedway. Each lease shall contain such notification to the tenant of the existence of the Albany-Saratoga Speedway. Purchasers of homes built on a single-family lot and/or a patio-home lot located on any street within the district which terminates at a point which may connect to adjoining lands in the future shall be notified of the possibility of such future connection prior to execution of any contract to purchase said home and each deed to any such home shall also contain a notice of the possibility of such future connection. All stub streets shall be deeded to the Town and the developer shall supply any additional documentation needed for dedication as public streets, prior to the issuance of building permits. There shall be no reserve strips.

As to the commercial parcel, there will be a minimum setback from the property line adjacent to New York State Route 9 of 80 feet for any building or pavement constructed in said commercial parcel. There will be a minimum setback of 80 feet for any building on each of the southerly, westerly and northerly sides of the commercial parcel. The building(s) and parking shall be located substantially as shown on Appendix A. As to the apartment parcel, there will be a minimum setback from the property line adjacent to New York State Route 9 of 80 feet for pavement and 100 feet for any building constructed in said apartment parcel. There will be a minimum setback of 50 feet for any building on each of the southerly, westerly and northerly sides of the apartment parcel. The buildings and parking shall be located substantially as shown on Appendix A.

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

Development and lot requirements.

(1)

Only single-family detached dwellings shall be constructed on the single-family lots and the patio-home lots. Each dwelling constructed shall have a two-car garage and a paved driveway, which shall be a paved double driveway for a length of at least 20 feet in front of the garage. No garage constructed in any dwelling may be converted into living area. Each deed for a dwelling shall contain a restrictive covenant prohibiting the converting of any garage into living area. Single-family homes, shall be constructed containing not less than 1,500 square feet of living space. Patio homes shall be constructed having not less than 1,200 square feet of living space for a two-story dwelling. In no event shall the square footage of a one-story patio home be less than 1,000 square feet of living space. Each single-family home will be sold with an appropriate exterior landscaping package approved at site review by the Planning Board.

(2)

As to the single-family lots, in no event shall any lot be less than 15,000 square feet, with an average lot size being 20,000 square feet, and further provided that in no event shall any lot have less than 90 feet of road frontage. For all dwellings to be constructed on the single-family lots, there will be a minimum front yard setback of 35 feet from the front yard boundary, a minimum rear yard setback of 30 feet from the rear yard boundary and a minimum side yard setback of 15 feet from the side yard boundary. Flag lots shall have a minimum road frontage of 30 feet.

(3)

As to the patio-home lots, in no event shall any lot be less than 6,000 square feet, and further provided that in no event shall any lot have less than 60 feet of road frontage. For all dwellings to be constructed on the patio-home lots, there will be a minimum front yard setback of 25 feet from the front yard boundary, a minimum rear yard setback of 25 feet from the rear yard boundary, a minimum side yard setback of 15 feet from the side yard boundary on one side of each patio-home lot and a minimum side setback of zero feet from the other side yard boundary on the opposite side of each patio-home lot, as shown on the Appendix A. In the deed to each patio-home lot, an easement will be reserved for benefit of the owner of the adjoining patio home, for maintenance of the portion of the adjoining patio home located on the lot line having a zero-foot setback, as well as an easement for roof, window ledge and similar overhangs. No windows other than those shown on the original building plans shall be placed in the wall adjacent to the zero-foot setback line.

(4)

As individual building plans, with actual foundation locations, are submitted to the Town of Malta Building Inspector for the single-family lots and the patio-home lots, the developer and builder shall assure that the setbacks from the front yard boundary line will be staggered (that is, not all on the front setback line), provided that nothing in this sentence shall require the developer to locate any dwelling more than six feet behind the front setback line, and further provided that nothing in this sentence shall be deemed to in any way reduce the front yard setback as set forth herein.

Site plan; certificate of occupancy.

(1)

Prior to the issuance of building permits within this district, the owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate section of the Town Zoning Ordinance, as modified and amended hereby. No building permits shall be issued without final approval of the site plan by the Town Planning Board or final approval of any proposed amendments thereto, 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. Specific details concerning the work allowed pursuant to such permits, and bonds which may be required, shall be established by the Planning Board during the site plan review process. During the Town Planning Board's review of any proposed site plan amendments, it shall have, among other things, the authority to consider possible effects that any proposed amendment may have upon density, traffic patterns, parking and fire safety.

[Amended 7-5-2011 by L.L. No. 8-2011]

(2)

Individual certificates of occupancy must be obtained from the Town of Malta Building Department by each individual tenant prior to occupying any portion of any building within the commercial parcel, regardless of whether the tenant is one of the original tenants or a successor. In addition, occupancy by the tenant will be subject to applicable site plan review under the Town of Malta Zoning Ordinance, as amended hereby, regardless of whether the tenant is one of the original tenants or a successor. The developer shall construct the project in accordance with Appendix A. However, the exact location and size of the buildings, location of parking areas, green areas, pedestrian walkways 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. Appendix A is not intended to limit the developer to specific locations of buildings or parking lots or other items customarily related to the site plan review process. Notwithstanding anything to the contrary in the above, the developer shall provide sidewalks connecting the various areas within the planned development district along the particular streets of the district where sidewalks are shown on Appendix A and as established during the site plan review process, which shall be located within the Town right-of-way substantially as shown on the typical road cross section of the district annexed hereto as Appendix E. The Developer shall also construct the walking paths through the open space in the planned development district, substantially as shown on Appendix A. All dumpsters located on the commercial parcel will be buffered. All buffered areas as shown upon Appendix A and as established during the site plan review process shall be installed and maintained.

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

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

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

All signs within the commercial parcel of the district shall comply with the standards for signs for offices as set forth in the Town of Malta Zoning Ordinance.

Sanitary waste disposal will be provided by connection to the Saratoga County Sewer District No. 1. All sewer facilities will be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1 and approval of the installation by the Saratoga County Sewer District No. 1 shall be filed with the Town Building Department. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 all completed 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. Notwithstanding the foregoing, the developer will be authorized by the Town to form a New York State transportation corporation to retain ownership of the lift station and force main providing connection to the Saratoga County Sewer District No. 1 existing facilities and to maintain and operate such installation for a sufficient period of time to recoup the cost of such installation (together with the expense of the operation and maintenance of such installation during such period) by charging users on the system served by such installation a fee to be established in accordance with the above criteria by the developer and the Town of Malta. At the expiration of such period of ownership of the aforesaid installation, the developer shall cause such installation to be offered for dedication to the Saratoga County Sewer District No. 1. The developer shall cause the transportation corporation, subject to approval by the Town Board of the service area and subject to the rates to be charged and approval of the Saratoga County Sewer District, to make available hook-ups for the adjoining properties and properties on Cramer Road Extension. All hook-up costs shall be the responsibility of the new users. All grinder pumps installed and their operation, maintenance, repair and replacement shall be the responsibility of the owner of the premises serviced by such grinder pump.

Water service shall be provided by interconnection with the Saratoga Water Services, Inc. (or its successor or assigns). 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 for this project by the Town of Malta. All water facilities will be designed and constructed in accordance with the standards of Saratoga Water Services, Inc.

All buildings will be constructed in accordance with the New York State Building and Fire Codes. All blueprints and building specifications will be approved and stamped by a duly licensed engineer or architect. All construction will be subject to inspection, approval and certificates of occupancy by the Town Building Inspector and the Town Engineers. All buildings in the commercial parcel and the apartment parcel will contain a fire alarm system having a direct alarm connection to the appropriate fire control center. Each business and apartment building located within the project shall have its own alarm system to separately indicate the location of a fire. Any enunciator panel will be visible from the outside of the building. All buildings in the apartment parcel except accessory building and all buildings in the Commercial Parcel shall be equipped with sprinklers. All sprinklers shall be installed in accordance with the New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association. Fire hydrants will be installed in accordance with appropriate standards and codes; provided, however, that no hose laid to any structure in the planned development district will exceed 500 feet, and minimum flow will comply with the appropriate ISO requirements. Access acceptable to the appropriate fire company will be provided to the roofs of all commercial buildings and senior apartment buildings. A secure lock box (a/k/a rapid entry system) for each commercial building and senior apartment buildings shall be installed in a location acceptable to the Fire Department. The key lock box system shall be compatible with the system used by the Malta Ridge Fire Department (or such organization's successor). Ordering information and authorization may be obtained from the Chief of the Malta Ridge Fire Department. The lock box shall contain the following for each occupancy: labeled keys for all points of egress (interior and exterior), locked mechanical rooms, locked electrical rooms, fire alarm panels and other areas deemed appropriate by the Fire Chief.

All utilities shall be installed underground. The planned development district shall be subdivided into the commercial parcel, the apartment parcel, 76 single-family lots and 74 patio-home lots, the lands to be conveyed to the homeowners' association and the lands to be deeded to the Town for a future Town community center, as herein set forth, prior to issuance of building permits within the district. The balance of the site may not be further subdivided without the approval of the Malta Town Board.

Uses.

(1)

The uses permitted within the commercial parcel shall be: personal service shop, professional, medical or general business office; or day-care facility.

(2)

The uses permitted within the apartment parcel shall be for apartments for occupancy by persons 55 years of age or older as set forth in Subsection D above and related services such as health care, food service and other similar services to be provided to residents of the apartments. The first eighty-two-unit apartment building in the apartment parcel may be granted real property tax abatement, but the second eighty-two-unit apartment building to be constructed in the apartment parcel, together with any new construction that takes place within the apartment parcel, will receive no real property tax abatement of any kind. A payment for services agreement, generally as set forth in the annexed Exhibit A, shall be entered into between the owner of the first eighty-two-unit apartment building to be constructed in the apartment parcel and the Town of Malta, before any building permit is issued to construct the said eighty-two-unit apartment building. The final form of the said payment for services agreement shall be acceptable to the Town Attorney of the Town of Malta. The owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate sections of the Town Zoning Ordinance, as modified and amended hereby, as to the sewage pump station which has been constructed on the site, prior to the issuance of building permits for the apartment buildings to be constructed on the apartment parcel.

[Amended 5-3-1999; 7-5-2011 by L.L. No. 8-2011]

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

(3)

Except as herein provided, the uses permitted within the balance of the residential portion of the planned development district shall be limited to single-family dwellings. The uses permitted within the residential portion of the planned development district shall be those permitted by the Town of Malta Zoning Ordinance within R-1 Districts as presently existing and as amended from time to time.

Performance bonds or letters of credit.

(1)

Prior to the issuance of building permits, the developer shall file performance bonds or letters of credit in amounts and for the time period required by and acceptable as to amount and form by the Town Engineers and the Town Attorney to guarantee such performance and/or completion of the requirements of the area under development as defined by the Town Engineer and Building Inspector, including but not limited to the following:

(a)

The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.

(b)

The satisfactory completion and maintenance for one year after completion of landscaping in the commercial parcel, the apartment parcel and the common areas of the site, including but not limited to the Highpointe Commons and the Highpointe Fields.

(2)

The developer will be permitted building permits for up to three model single-family homes and three model patio homes without the posting of performance bonds or letters of credit, but no certificate of occupancy will be issued for said model homes until all of the requirements of this ordinance have been met.

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 Town road proposed herein shall be constructed in accordance with the typical road cross section for the district annexed hereto as Appendix E and otherwise in full compliance with the specifications for a Town road in the Town of Malta, and shall be offered for dedication to the Town of Malta by the developer at no cost to the Town. The installation of all sewer and water service and where practicable utility services within the district by the developer will made to the right-of-way left for possible future connections to adjoining lands as shown on Appendix A so that existing pavement within the district will not have to be disturbed in order to make such connection.

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

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

Appropriate mailbox receptacles will be constructed by the developer in the residential portion of the planned development district. There will be a minimum of two such mailbox receptacles in any one group for the single-family home lots and a minimum of four such mailbox receptacles in any one group for the patio-home lots. Mailbox receptacles will be placed by the developer on the proper side of the road as determined by the appropriate postal authorities.

The recreation areas of the planned development district (including, without limitation, the walking paths through the open space) shown on Appendix A other than the Highpointe Commons will be constructed within the planned development district prior to the issuance of any certificate of occupancy within the area established by the Town Engineer and Building Inspector, pursuant to Subsection O in which such recreation area is located. Walking paths through the open space shall be a minimum of 42 inches wide and shall be constructed of stone dust or other comparable material. Sidewalks along streets shall be a minimum of 48 inches wide and shall be constructed of asphalt. The Highpointe Commons will be constructed prior to the issuance of any certificate of occupancy for any building located on the apartment parcel. In addition to the areas designated on Appendix A as the Highpointe Commons and the Highpointe Fields, the recreational amenities in the district will include two play areas, one such play area for preschool-age children and one for elementary-school-age children with appropriate apparatus as determined by the Planning Board during site plan review. A park fee of $150 shall be paid for each single-family unit built at the time of obtaining the building permit.

The developer shall obtain all necessary approvals, and shall create a homeowners' association for the ownership and maintenance of certain of the common areas, which areas are set forth on Appendix A and as established during the site plan review process, and for such other purposes as may be appropriate, prior to the issuance of any certificate of occupancy for any of the buildings to be constructed on the single-family lots or the patio home lots.

The Malta Town Board as lead agency for this project pursuant to the State Environmental Quality Review Act has adopted a negative declaration, a copy of which is annexed hereto and made a part hereof and designated Appendix F. The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town.

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

Any violation of the provisions of this ordinance shall be deemed a violation of the Town of Malta Zoning Ordinance, and the provision 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 to be 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 Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.