§ 167A-43. Saratoga Boulevard Planned Development District No. 37., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 4 of 1999" 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. 37, Saratoga Boulevard 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 Saratoga Village Planned Development District, as such is now zoned, and creating within the boundaries of the said newly described area a planned development to be known and described as "Planned Development District No. 37, Saratoga Boulevard Planned Development District, Town of Malta."

The area of the Planned Development District consists of 10.83 plus or minus acres of land 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 Saratoga Boulevard Planned Development District will contain up to six commercial lots, with one building located on each lot, with a maximum of 134,000 square feet of total building area, with no building to be over two stories high. "Total building area" does not mean "footprint," but means the total building area of the building, whether it be on the first or second floor. 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, landscaped areas, including sidewalks, all as generally shown on a map entitled "Vinciguerra PDD Conceptual Plan, Town of Malta," as prepared by the Environmental Design Partnership, dated July 14,1999. (Appendix B). 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. No building permits will be issued for any building within the said planned development until a rendering of the building has been submitted to the Town Board of the Town of Malta and approved by the Town Board of the Town of Malta.

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 development with flexibility for the development of the site. 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.

(2)

Notwithstanding the above, the developer shall provide sidewalks, the exact location of which to be determined by the Town of Malta Planning Board in the site plan review 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 the 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; building permits; certificates of occupancy.

(1)

The entire project shall consist of up to six buildings not to exceed a total of 134,000 square feet. Parking spaces shall conform to the requirements established by the Town of Malta Planning Board during the site plan review process. The maximum building height of any building shall be 30 feet. Setbacks will be established by the Town of Malta Planning Board during the site plan review process. 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 of Malta 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 of Malta Planning Board.

(3)

Subject to the terms and conditions of this ordinance, one building permit for the construction of a building on the lot designated Lot No. 1 on Appendix B is hereby approved. No further building permits shall be issued in this Planned Development District without the approval of the Town Board of the Town of Malta.

(4)

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 Saratoga Boulevard 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 Planned Development 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.

The buildings of the Planned Development District shall be of colonial architectural design.

Water will be supplied by individual on-site production wells and water systems serving each building within the Planned Development District. Sanitary sewers will be provided throughout the site by connection to the County sewer system. The connection to the existing systems 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 of Malta Building Inspector and Town of Malta Engineers. All buildings will contain a fire alarm system and an appropriate sprinkler system.

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 herein provided, the uses permitted within the planned development for the first building to be constructed therein on the lot designated No. 1 of Appendix B shall be offices. Any uses proposed for any other buildings which may be constructed in the Planned Development District pursuant to the terms hereof shall be submitted to the Town Board of the Town of Malta and must be approved by the Town Board of the Town of Malta.

(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 of Malta Planning Board and acceptable as to amount and form to the Town of Malta Engineers and Town of Malta Attorney to guarantee such performance and/or completion of the requirements of this planned development district ordinance, including, but not limited to, the following: The satisfactory completion and maintenance for one year after completion of landscaping on the project site.

(2)

The Town of Malta 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 of Malta Planning Board and shall be approved by the Town of Malta 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 to provide future access 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.

The developer has agreed to contribute to the Town of Malta $3,000 per lot to help offset the actual costs of improvements to the intersection of New York State Routes 9 and 67. No building permit for any building will be issued until the amount of the contribution attributable to said building has been received by the Town of Malta.

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 of Malta. 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.