§ 167A-46. Caro Planned Development District No. 40., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 4 of 2000" and amends the Town of Malta Zoning Ordinance to provide for the creation of a Planned Development District No. 40, Caro 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 R-1 Residential, 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. 40, Caro Planned Development District, Town of Malta."

The area of the planned development district consists of 22.69 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A attached hereto and made part hereof.

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

The Caro Planned Development District will contain the drive-in theater which currently exists on the site, and a building with a maximum 22,000 square feet of total building area, the erection of which is hereby authorized subject to the terms and conditions of the ordinance. The buildings, roads and other paved surfaces, other than sidewalks, in the proposed development district will cover not more than 48% of the site, and the remaining area, to wit, not less than 52% 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 "Furniture Plus Caro PDD," prepared by Northeast Land Survey and Land Development Consultants P.C. dated 01/17/2000, last revised 5/31/2000 (Appendix B). The planned development district will have parking as shown on the annexed Appendix B, including parking areas to be designated for future use. The planned development district will have an individual on-site water supply system, and sewage will be handled by an on-site septic system. Up to three tenants/occupants/businesses will be allowed to occupy the twenty-two-thousand-square-foot building at any given time.

[Amended 5-7-2007 by L.L. No. 7-2007; 7-2-2012 by L.L. No. 9-2012]

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).

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

(2)

Notwithstanding the above, the developer shall provide an entrance from Route 9, the location configuration of which to be determined by the New York State Department of Transportation. 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; subdivisions; certificates of occupancy.

[Amended 1-6-2014 by L.L. No. 1-2014]

(1)

The entire project shall consist of the existing drive-in theater, which currently exists on the site, and one building not to exceed a total of 22,000 square feet. The maximum building height of any building shall be 25 feet. 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 Law. No building permits shall be issued without final approval of the site plan by the Town Planning Board.

(3)

In the event the structure is proposed to include a garage door facing New York State Route 9 accessible by way of a front one-lane driveway, such proposal is not inconsistent with the zoning provisions contained in this chapter. However, such development is subject to Town Planning Board site plan review authority, and the Planning Board shall ensure that any such garage door be a high-quality, architectural garage door.

(4)

Any future subdivisions sought within this planned development district are subject to Town Planning Board subdivision review authority. In considering subdivision applications, the Planning Board shall apply all generally applicable criteria. For purposes of applicable minimum lot sizes, those set forth in the C-4 Zone shall apply. For any use for which a minimum lot size is not established within the C-4 Zone, the proposed lot shall be at least 40,000 square feet. In the event of multiple uses upon a particular lot or proposed lot, which uses are subject to different minimum lot sizes, the larger minimum lot size shall apply.

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.

The sign which is hereby approved for the project will be substantially in conformance with the sign depicted on the annexed Appendix C. No advertisements for anything other than the drive-in will be allowed on the currently existing drive-in movie sign.

[Amended 5-2-2011 by L.L. No. 5-2011; 7-2-2012 by L.L. No. 9-2012]

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

The building to be constructed in the planned development district shall be substantially in accordance with the architectural drawings appended as Appendix D, including the list of buildings materials to be used on the building as outlined on the said Appendix D.

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

Water will be supplied by individual on-site production wells and water systems serving each building within the district. Sanitary sewers will be provided by an on-site sewage system.

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. Notwithstanding the above, in regard to power sports use, short-term outdoor display for sale of power sports equipment is permitted during the daytime. However, no more than five items may be displayed outdoors at any given time. Regardless of use, any outdoor storage of merchandise is subject to Planning Board site plan review authority.

[Amended 5-2-2011 by L.L. No. 5-2011; 1-6-2014 by L.L. No. 1-2014]

Uses.

[Amended 5-2-2011 by L.L. No. 5-2011; 7-2-2012 by L.L. No. 9-2012]

(1)

The following uses shall be allowed as of right in the district:

(a)

Drive-in movie theater.

(b)

Professional office.

(c)

Furniture store.

(d)

Wholesale business.

(e)

Business office.

(f)

Technology or research office.

(g)

Educational and training facility.

(h)

Post office.

(i)

Open-air market.

(j)

Sales and service of power sports equipment.

[Added 1-6-2014 by L.L. No. 1-2014]

(k)

All uses allowed as of right in the C-4 Zone pursuant to the Town Zoning Code, as amended from time to time, with the exception of any residential uses set forth therein.

[Added 1-6-2014 by L.L. No. 1-2014]

(2)

The following uses are permitted in the district only when a special use permit is obtained pursuant to Town Code § 167-38.1:

(a)

Retail business.

(b)

Fitness center.

(c)

Day-care center.

(d)

Recreation facility.

(e)

Laboratory.

(f)

All uses permitted with a special use permit in the C-4 Zone pursuant to the Town Zoning Law, as amended from time to time, with the exception of any residential uses set forth therein.

[Added 1-6-2014 by L.L. No. 1-2014]

(3)

For purposes of this district, the following definitions shall apply:

EDUCATION AND TRAINING FACILITY: An institution for learning that provides instruction focused on development of specific skills for particular jobs or activities.

POST OFFICE: A facility principally devoted to the posting, receipt, sorting, handling and transmission of mail.

POWER SPORTS EQUIPMENT: Off-road all-terrain vehicles, motorcycles, snowmobiles, personal watercraft, jet boats, generators, pressure washers, pumps, trailers, and related power sports parts and equipment.
[Added 1-6-2014 by L.L. No. 1-2014]

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: 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 items outlined in the letter from the Malta Ridge Volunteer Fire Company, annexed hereto as Appendix E, shall be included within the planned development district, with the exception of Paragraph F thereof.

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

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 the designated Appendix F. 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.

[Amended 1-6-2014 by L.L. No. 1-2014]

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

The PDD shall be amended as set forth below. Any provision(s) of this amendment which conflict with the existing PDD legislation shall supersede the existing provisions and shall be controlling. All other provisions not in conflict with these amendments shall remain in effect and shall also be applicable to this amendment.

[Added 5-7-2007 by L.L. No. 7-2007]

There shall be allowed the construction of an additional drive-in theater movie screen, measuring 60 feet in length by 25 feet high, which shall be constructed and located as set forth on Appendix G, attached hereto and made a part hereof. In addition to the movie screen, there shall also be constructed up to an additional four ticket booths (for a total of no more than six ticket booths, two of which shall be temporary and utilized as needed) and an entrance road, additional parking area which shall increase to 700 maximum cars allowed onto the site in total, expanded restroom and snack bar facilities, projection booth for the eastern screen and fencing along the southern property line, which shall be in substantial conformance to the size and locations set forth on Appendix G.

[Added 5-7-2007 by L.L. No. 7-2007]

Editor’s Note: Appendix G is a file in the Town offices.

All existing and new utilities shall be located underground.

[Added 5-7-2007 by L.L. No. 7-2007]

All site plan review and associated approvals shall be completed by the Malta Planning Board. The site shall not be cleared beyond the limits set forth on Appendix G.

[Added 5-7-2007 by L.L. No. 7-2007]

Open air market.

[Added 5-2-2011 by L.L. No. 5-2011]

(1)

The permitted uses within this PDD shall include the creation and operation of an outdoor or open air market. This market shall be permitted to operate from 7:30 a.m. to 3:30 p.m. on Saturdays, and from 9:00 a.m. to 3:00 p.m. on Sundays, during the months of May through September.

[Amended 5-7-2018 by L.L. No. 8-2018]

(2)

The open air market shall be located in the parking area currently used for the viewing of drive-in movies.

(3)

Any future sign at the site, including any sign used to advertise the open air market, shall conform to the requirements of the C-4 Route 9 North of Downtown Zoning District currently codified at Town Code § 167-19.2 and with the standards and requirements set forth in Town Code § 167-27. Any future sign erected, placed or used at the site shall be subject to Planning Board Review. In the event the tenants/occupants/businesses of the twenty-two-thousand-square-foot building seek signage approval, notwithstanding any provision to the contrary, the calculation of sign area shall reflect the size of the building and shall not take into consideration the size of the development district and/or the development district's road frontage.

[Amended 7-2-2012 by L.L. No. 9-2012]

(4)

The open air market is intended to be an outdoor community marketplace which provides vendors an opportunity to sell produce, baked goods, farm products, artisan items as well as other arts and crafts.

(5)

No vendor shall be permitted to sell, or display for sale, the following:

(a)

Weapons or ammunition;

(b)

Drug paraphernalia;

(c)

Stolen goods;

(d)

Bootleg DVDs, CDs or any other such unauthorized reproduction;

(e)

Fireworks and/or explosives;

(f)

Materials of an explicit sexual or pornographic nature;

(g)

Imitation designer goods;

(h)

Medicine or pharmaceutical items;

(i)

Alcoholic beverages;

(j)

Tobacco or products containing tobacco;

(k)

Tattooing services or tattoo supplies; and

(l)

Live animals.

All zoning provisions having general applicability that are not inconsistent with or superseded by the provisions of this PDD are expressly incorporated into and made a part of this section and are enforceable as such.

[Added 7-2-2012 by L.L. No. 9-2012]