§ 167A-39. Just for Trucks Planned Development District No. 33., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This local law shall be known as "No. 1 of 2010," amending and superseding Ordinance No. 10 of 1997, which provided for the creation of a "Planned Development District No. 33, Just for Trucks Planned Development District, Town of Malta." All exhibits referenced herein are on file with the Town offices and incorporated herein by reference.

Chapter 167, including the Town's Zoning Map, are amended by changing the following described area as set forth below from the existing R-1 Residential to a planned development district to be known and described as "Planned Development District No. 33, Just for Trucks Planned Development District, Town of Malta."

The area of the planned development district consists of 8.737 plus or minus acres in the Town of Malta and is bounded and described as set forth in Exhibit B.

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

The Just for Trucks planned development district will contain a new building, which will be no larger than 6,000 square feet, to be substantially the same as that shown in Exhibit C, together with the building currently existing on the site. The uses allowed in the planned development district will be limited to business office and professional office uses. All other uses shall be excluded, except that the single-family residence currently located within the planned development district may be used for a single-family residence or for business or professional office space. There will be a minimum setback from the property line adjacent to New York State Route 9 of 90 feet, and a minimum rear yard setback of 50 feet. Utilities shall be installed underground. The driveway as shown on Exhibit A shall be blacktop. Exhibit G depicts the proposed 2010 modifications to the building to facilitate the proposed new uses.

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

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

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

Water will be supplied by on-site wells, and sanitary sewer will be treated by individual sanitary sewer systems, and all appropriate written approvals shall be obtained from the appropriate authorities and the Town Engineers prior to the issuance of any building permit or certificate of occupancy.

Prior to the issuance of building permits within this district, and in the event that the building currently existing in the planned development district is used for offices, the owner shall submit a site plan for approval by the Planning Board of the Town of Malta in accordance with the appropriate section of Chapter 167 as modified and amended hereby. 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. Specific details concerning the work allowed pursuant to such permits, and 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. Buffering will be provided at the northwest corner of the proposed parking lot, with the type and extent of such buffering to be determined by the Town Planning Board during the site plan review process, together with any other buffering which may be required by the Town Planning Board. The storage area will be fenced with stockade fence, as set forth by the Town Planning Board during the site plan review process, with such storage area and fencing to substantially comply with the fenced-in area as set forth in Exhibit A. Parking will be provided as set forth on Exhibit A. The dumpster will be located in the rear, as shown on Exhibit A. The Town Code of the Town of Malta shall be applicable to this Planned Development District in all instances where the PDD does not particularly address an issue. Where those requirements are established by neighborhood designations, the requirements of the neighborhood where the PDD is situated shall apply.

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

The developer shall construct the project substantially in accordance with Exhibit A and, to the extent modified, by Exhibit G. 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 and the Town of Malta Planning Board with flexibility.

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

A maximum of three vehicles will be allowed to be parked overnight in the planned development district, except that if the existing building is used as a single-family residence, vehicles may be parked at the residence as an ancillary use to its use as a single-family residence. No outside storage will be allowed in the planned development district, outside the fenced-in area as established pursuant to Subsection F hereof.

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 will contain a fire alarm system having a direct connection to the appropriate fire control center. Each business 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. If public water becomes available to the planned development district, sprinklers will be installed in accordance with the New York State Building and Fire Prevention Codes and the standards of the National Fire Protection Association within one year of the time that such public water becomes available. Access acceptable to the appropriate fire company will be provided to the roofs of all buildings. A secure lock box (also known as a "rapid-entry system") for each building 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 Round Lake Fire Department (or such organization's successor). Ordering information and authorization may be obtained from the Chief of the Round Lake 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.

Performance bonds or letters of credit.

(1)

Prior to 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/or completion of the requirements of the area under development as defined by the Town Engineers 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 planned development district.

(2)

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 Exhibit F. The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town.

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

All signs within the planned development district will comply with the requirements of the Town of Malta Planning Board, as established during the site plan review process, and shall be in accordance with the signage allowed for business and professional offices in the neighborhood where the PDD is located, provided that no signs shall substantially deviate from the sign shown on Exhibit A.

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

Any violation of the provision of this local law shall be deemed a violation of Chapter 167 of the Code of the Town of Malta.

If any provision of this local law shall be held to be invalid in an appropriate court proceeding, the remainder of this local law shall not be affected thereby.