§ 167A-41. Blacksmith Square Planned Development District No. 35., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 13 of 1997" and amends the Town of Malta Zoning Ordinance to provide for the creation of a Planned Development District No. 35, Blacksmith Square 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 District C-2 Commercial, 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. 35, Blacksmith Square Planned Development District, Town of Malta."

The area of the planned development district consists of 2.5 plus/minus 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.

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

The Blacksmith Square planned development district will contain three commercial lots, with one building located on each lot, with a maximum of 10,600 square feet of total 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 50% of the site, and the remaining area, to wit not less than 50% of the site, will be used for green space, to include open space, buffer strips and landscaped areas including sidewalks, all as generally shown on a map entitled "Blacksmith Square Planned Development District," prepared by Northeast Land Survey and Land Development Consultants, Inc., dated July 1, 1997, and last revised September 25, 1997, (Appendix B). The planned development district will be authorized to have parking for up to 70 cars. It will also have individual on-site water supply systems and a connection to the County sewer system. 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.

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

Construction specifications.

(1)

The developer shall construct the project generally in accordance with the approved concept 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 other related items customarily considered by the site plan review process.

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

(2)

Nothwithstanding the above, the developer shall provide sidewalks along the Route 9 right-of-way which is adjacent to the planned development district, with such sidewalks to be appropriately aligned with sidewalks on adjacent properties, the exact location of which to be determined by the Town Planning Board in the site plan process. 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 be in place prior to issuance of any certificate of occupancy for any building on the site, except for planting of trees and shrubbery which may be planted at the appropriate season.

Development requirements; site plan; certificates of occupancy.

(1)

The entire project shall consist of three buildings not to exceed a total of 10,600 square feet. Parking spaces shall conform to the requirements established by the Town Planning Board during the site plan review process. The maximum building height of any building shall be 30 feet. There shall be no building constructed within 100 feet of the edge of the present right-of-way for New York State Route 9 or 50 feet of the edge of the Blacksmith Road right-of-way. The developer shall landscape the planned development district in a manner which is deemed appropriate by the Town of Malta Planning Board during the site plan review process, including but not limited to landscaping the areas adjacent to any roads abutting the planned development district.

(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.

(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 Blacksmith Square 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.

All signs within the district shall comply with the standards for commercial signs as set forth in Article VIII of the Town of Malta Zoning Ordinance, and are subject to approval by the Town of Malta Town Board. All signs, other than building-mounted signs and traffic control signs, shall be monument-type signs as shown on Appendix C. A maximum of one monument sign per building will be allowed, plus one designated sign stating the name of the planned development district, as shown on Appendix C. All monument-type signs may be double-sided, and the square footage of only one side of the sign will be taken into account for the purpose of computing the maximum amount of signage allowed.

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

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

Water will be supplied by individual on-site production wells and water systems serving each building within the district. Sanitary sewers will be provided throughout the site 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 appropriated for public ownership.

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.

All utilities shall be installed underground.

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

Uses.

(1)

Except as hereinafter provided, the uses permitted within this district shall be as follows:

(a)

Lot No. 1: Offices or retail uses.

(b)

Lot No. 2: Offices or retail uses, or under-car care specialist repair facility, with no engine tuneup, engine repair or transmission repair allowed.

(c)

Lot No. 3: Offices, retail uses or restaurant. A drive-through facility will be allowed on any restaurant on Lot No. 3, provided that it is located on the south side of the building.

(d)

A car wash, to be constructed substantially in conformance with the annexed Exhibit A.

[Added 5-1-2000]

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

(2)

All terms in this subsection shall be as defined in the Town of Malta Zoning Ordinance.

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)

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.

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 make provision for access roads, with adequate area to allow these roads to be built to Town specifications, through the site from Blacksmith Road to provide future access to lands to the south substantially as set forth on the sketch plan (Appendix B), and as required during the site plan review process. Any such access road area shall be conveyed to the Town of Malta, without cost, within 30 days after the Town of Malta has formally requested such conveyance in writing to the then-owner of the access road areas.

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

The developer has agreed to contribute to the Town of Malta an amount equal to 1.2% of the actual costs of the proposed improvements to the intersection of New York State Routes 9 and 67 under New York State Department of Transportation Industrial Access Project No. 6, (LIN 1752.91, D002728). No certificates of occupancy for any building will be issued until 1/3 of said contributions are completed. One third of the contribution will be due prior to the issuance of a certificate of occupancy for each of the three buildings approved hereby.

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 D. 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 D is on file in the Town offices.

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 required by law.