§ 167A-47. Saratoga Farm Planned Development District No. 41., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 5 of 2000" 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. 41, Saratoga Farm Planned Development District, Town of Malta."

The Town of Malta Zoning Ordinance and the Zoning Map of the Town of Malta as set forth therein shall be and the same hereby are amended by changing the following described area as set forth below from the existing R-6 to a planned development district to be known as "Planned Development District No. 41, Saratoga Farm Planned Development District, Town of Malta."

The area of the planned development district consists of 129 plus or minus acres situated on County Road No. 64, 2,800 plus or minus feet from the intersection of Nelson Avenue Extension/Manning Road, Town of Malta, County of Saratoga, State of New York, as set forth on a map entitled "Saratoga Farm PDD Sketch Plan," dated February 24, 1999, which map is annexed hereto and made a part hereof, and designated as Schedule A, and the metes and bounds description of the said planned development district, annexed hereto and made a part hereof and designated as Schedule B.

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

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

The above-described area shall be divided into not more than 21 building lots. There shall be constructed within the above-described area only 20 single-family detached dwellings. The exact sizes and configurations of the lots in said planned development district shall be as determined by the Town of Malta Planning Board, which shall retain final site plan approval over this project, and no building permit shall be issued without final approval of the site plan by the Town of Malta Planning Board; provided, however, that in no event shall any lot be less than two acres, and further provided that in no event shall any lot have less than 100 feet of frontage, and in no event shall the habitable space in any dwelling built therein be less than 2,000 square feet.

Water will be supplied by individual drilled wells, and sewage will be disposed of through individual septic systems.

Two fire hydrants will be installed in order to allow water to be drawn from the pond, the location of which hydrants will be as shown on the annexed Schedule A.

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

There will be a minimum front yard setback of 50 feet from the front yard boundary for all dwellings to be constructed in the above-described premises. There will be a minimum side yard setback of 15 feet from the side yard boundary line for all dwellings to be constructed in the above-described premises, and a minimum rear yard setback of 30 feet from the rear yard boundary for all dwellings to be constructed in the above-described premises.

The roads proposed in said planned development district shall be constructed in accordance with the requirements of the Town of Malta Subdivision Regulations and the building and construction specifications of the Town concerning the construction of roads, which roads shall be 24 feet wide. The roads will be maintained by the homeowners' association provided for hereinafter and will be maintained to the Town's specifications. The Town of Malta may at any time require that the roads be turned over to the Town of Malta, at which time the developer shall offer said roads as public roads to the Town of Malta without cost.

Editor's Note: See Ch. 143, Subdivision of Land.

The Town of Malta shall be paid the sum of $300 per lot, with said sums to be applied to the Town's recreational fund.

Lots shall be landscaped in accordance with minimum standards established by the Town of Malta Planning Board. The developer shall post a bond or a letter of credit in an amount to be established by the Town Engineers prior to the issuance of any certificate of occupancy, to ensure the proper completion of said landscaping, as established by the Town of Malta Planning Board, with said letter of credit or bond to extend at least one year past the time when a certificate of occupancy shall have been issued on the lot in question. No stumps, debris or other materials will be deposited in the gullies and ravines located in the planned development district. Not more than .5 acre of federally designated wetlands, as confirmed by the Town's Engineers, and as set forth on the annexed Schedule A, shall be disturbed within the boundaries of the planned development district. This prohibition will be set forth in deed restrictions to the individual owners of the lots in the planned development district and shall be set forth on any plot plans prepared for said owners.

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

Any utilities in the subject premises shall be installed underground. All utilities, including but not limited to television cables, will be installed in the right-of-way of the roads proposed in said planned development district before said road shall be completed.

No commercial uses shall be permitted within this planned development district, except that the commercial use currently existing on Lot No. 21, that of a horse stable, will be allowed to continue. In the event that this use is discontinued, no further commercial usage will be allowed on the said Lot No. 21.

All buildings will be constructed in accordance with New York State Building and Fire Codes and approved by a duly licensed engineer or architect. All construction shall be subject to inspection, approval and the issuance of certificates of occupancy by the Town Building Inspector.

The only allowed uses in the planned development district will be a single-family detached residence, except as hereinabove set forth concerning Lot No. 21.

The developer shall obtain all necessary approvals and shall create a homeowners' association for the ownership and maintenance of the common lands, the roads in the planned development district, as hereinabove set forth, all as set forth on the annexed Schedule A, and for such other purposes as may be appropriate, prior to the issuance of any building permits for any of the buildings to be constructed in this planned development district.

Editor's Note: Schedule A 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 statement of findings, a copy of which is annexed hereto and made a part hereof, and designated as Schedule B. The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town. No certificates of occupancy will be issued until mitigating measures are complete.

Editor's Note: Schedule B 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.

Guest quarters.

[Added 5-3-2004 by L.L. No. 5-2004]

(1)

There shall be allowed construction of a guest quarter for each single-family residence. The guest quarters shall be no more than 700 square feet, and shall be attached to the single-family residence. Entry to the guest quarters may be through the single-family residence and/or via a separate outside entrance.

(2)

Within 60 days from the effective date of this amendment, the owner/developer shall file with the Saratoga County Clerk covenants and restrictions, in a form acceptable to the Town of Malta's attorneys, which shall prohibit the rental of any guest quarters. These covenants and restrictions shall apply to each residential lot contained in this PDD.