§ 167A-48. Saratoga County ARC Planned Development District No. 42., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "Ordinance No. 8 of 2000," and amends the Town of Malta, New York, Zoning Ordinance to provide for the creation of a Planned Development District No. 42, Saratoga County ARC 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 Residential R-6 and Exit 13 Southwest Planned Development District, 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. 42, Saratoga County ARC Planned Development District, Town of Malta."

The area of the planned development district consists of 26.3 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A attached hereto and made a part hereof.

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

The Planned Development District No. 42, Saratoga County ARC Planned Development District, Town of Malta will contain a sheltered workshop for developmentally disabled adults, as the same is currently operated by the Saratoga County ARC and the New York State ARC, together with a new 13,000 square foot building, the erection of which is hereby authorized, subject to the terms and conditions of this ordinance, and a new single-family dwelling, the erection of which is hereby authorized, subject to the terms and conditions of this ordinance.

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. The sketch plan is not intended to limit the developer to specific location of buildings or parting lots or other related items customarily considered by the site plan review process; provided, however, that in no event will a through road or right-of-way from New York State Route 9 to Malta Avenue be constructed. No ingress or egress between the subject premises and the adjoining property will be allowed.

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

(2)

All dumpsters and storage areas 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 certificates 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 a sheltered workshop for developmentally disabled adults, as the same is currently operated by the Saratoga County ARC and the New York State ARC, together with a new 13,000 square foot building, the erection of which is hereby authorized, subject to the terms and conditions of this ordinance, and a new single-family dwelling, the erection of which is hereby authorized, subject to the terms and conditions of this ordinance; provided, however, that the existing 5,000 square foot pole barn shall be removed from the planned development district. 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. 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.

(a)

The PDD shall be amended to allow the construction of an additional new building up to 21,900 square feet, together with adding, as permitted uses, business office and professional office, up to 40 feet in height, with no more than 189 parking spaces, and the deletion of wood product production use, as shown on the attached Appendix, which is incorporated herein by reference. The final site plan, including architectural and aesthetic review, shall be determined by the Malta Planning Board. Only the additional square footage (i.e., 3,900 square feet) of the subject building shall be subject to the mitigation measures set forth in the Statement of Findings (Town of Malta Final Generic Environmental Statement accepted as complete April 3, 2006) adopted June 5, 2006, and not the 18,000 square feet approved June 2, 2005.

[Added 6-6-2005; amended 7-6-2006 by L.L. No. 8-2006]

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

(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)

No certificate of occupancy will be issued until the existing 5,000 square foot pole barn has been removed from the subject premises as set forth herein.

(4)

In no event will any construction take place within 300 feet of the Adirondack Northway.

(5)

The following conditions shall apply to the planned development district:

(a)

The drainage erosion problem north of the property owned by Disabled Citizens' Development Corporation shall be corrected to the satisfaction of the Town of Malta Engineer prior to the issuance of any certificate of occupancy, attached to this legislation is storm sewer and grading plan map dated June 29, 1993, and revised August 23, 1993, by Hershberg & Hershberg, which is incorporated into this legislation by attachment.

(b)

Fueling station and fuel storage tanks must be removed from current location at southeast corner of main building and relocated at or near proposed bus garage.

(c)

All waste materials must be kept in confined areas which will not allow said materials to leave designated storage area.

(d)

The premises will be maintained in a neat and uncluttered manner; no piles of waste materials and/or work materials will be permitted on the grounds and no unregistered vehicles or parts thereof shall be stored on the grounds.

(e)

Applicant shall provide parking space for 59 cars and 20 buses.

(f)

Applicant shall supply sufficient documentation to Town of Malta Engineer indicating existing well has adequate capacity to supply total needs of applicant.

(g)

Applicant shall supply plans for sewer disposal system sufficient for the applicants' operations. The system must have approval of the Town of Malta Engineer.

(h)

Applicant must apply to Town of Malta Planning Board for site plan review, and no construction may begin without approval of the Town Planning Board. Attached to this legislation is site plan dated April 5, 1993, and last revised August 31, 1993, by Hershberg & Hershberg, which is incorporated into this legislation by attachment.

(i)

Applicant must provide plans for stormwater management facilities to ensure a zero increase in runoff from the premises after all construction is completed.

(j)

Applicant must provide a sediment and erosion control plan for construction period which also must be approved by the Town of Malta Engineer.

(k)

All utilities within the boundaries of the PDD must be underground.

(l)

All signs must conform to the Town of Malta Zoning Ordinance, and existing signs must be removed before any new signs are installed. No signs will be installed on Malta Avenue.

(m)

A secure key box (a.k.a., rapid entry system) shall be installed in a location acceptable to the Fire Department. The key lock box systems shall be compatible with the system approved by the Malta Ridge Volunteer Fire Department, Inc. Ordering information and authorization may be obtained from the Chief, Malta Ridge Volunteer Fire Department, Inc. 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. In addition, the applicant will comply with all requirements of the New York State Building Code and the New York State Office of Mental Retardation and Developmental Disabilities concerning the installation of smoke-heat detectors and any other fire protective measures.

(n)

The road in front of the office building shall be constructed in accordance with Town highway construction specifications.

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.

Water will be supplied by an on-site well and a piping system which connects each of the three primary buildings on the site. The wastewater disposal system utilizes two leach fields located north of the main parking lot along the north property line. Wastewater from each of the buildings drain into a septic tank located on the subject premises.

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, and a lock box. A dry fire sprinkler system, along with fire department connections, for the sprinkler system will be installed in the new 13,000 square foot building.

Uses.

(1)

Except as herein provided, the uses permitted within this district shall be one single-family residence and a sheltered workshop for developmentally disabled adults as set forth herein.

(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: 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.

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 C. 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 C is on file in the Town offices.

The PDD shall be amended to allow the construction of an additional new building of up to 18,000 square feet, together with adding as permitted uses business office and professional office, up to 40 feet in height, with no more than 189 parking spaces and the deletion of wood product production use, as shown on the attached Appendix AA, which is incorporated herein by reference. The final site plan, including architectural and aesthetic review, shall be determined by the Malta Planning Board.

[Added 7-6-2005 by L.L. No. 7-2005]