§ 167A-50. Marshall's Motor Sports Planned Development District No. 44., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This ordinance shall be known as "No. 4 of 2001" and amends the Town of Malta Zoning Ordinance to provide for the creation of a Planned Development District No. 44, Marshall's Motor Sports 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. 44, Marshall's Motor Sports Planned Development District, Town of Malta."

The area of the planned development district consists of approximately 2.94 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 Marshall's Motor Sports Planned Development District will contain retail and residential uses, all as generally shown on a map entitled "Site Plan Prepared for Blue Loon Enterprises, LLC," prepared by Northeast Land Survey and Land Development Consultant, P. C., dated March 12, 2001, and last revised July 17, 2001. See attached Appendix B. The planned development district will be authorized to have customer parking for up to 14 vehicles. It will also have individual on-site water supply systems, or connection to a private or municipal water system, and a connection to the County sewer system, or to an approved septic 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, as such architectural style is reflected in Appendix C.

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

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

Construction specifications.

(1)

The developer shall construct the project generally in accordance with the approved plan, annexed hereto (Appendix B). The retail building shall be sited generally within the building envelope as located on the annexed plan (Appendix B), together with the location of parking areas, monument signs, green areas, pedestrian sidewalks and other related matters. There shall be no more than two overhead doors, which shall be positioned as located on the annexed plan (Appendix B). The developer shall also construct in future phases, up to two pole buildings, as generally sited on the annexed plan (Appendix B). The final proposed pole building architectural style, locations and elevation shall be subject to approval by resolution of the Town of Malta Town Board.

(2)

All dumpsters located in the project shall be buffered as determined by the Town of Malta Planning Board during the site plan review process.

(3)

All lighting fixtures shall be as generally depicted on Appendix B.

Development requirements; site plan; certificates of occupancy.

(1)

The entire project shall consist of up to four buildings, and shall not exceed a total of 8,448 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 80 feet of the edge of the present right-of-way for New York State Route 9 or within 25 feet of any side yard lines. 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 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 appropriate season.

(2)

Prior to the issuance of building permits for the building 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 and to the Town of Malta Town Board. No building permits shall be issued without final approval of the site plan by the Town Planning Board. The Town of Malta Town Board approval shall be required for architectural approval of each new building, as provided for in Section E(1) of this ordinance.

There shall be one monument-type sign in the planned development district, which shall be located as designated on Appendix B, and shall be constructed as depicted in Appendix D, and to the specifications regarding size and materials as set forth in Appendix D, and to the specifications regarding size and materials as set forth in Appendix E. The sign shall be no more than 10 feet high and 40 square feet and it shall be uplit. The exact location and size of the monument sign may be changed, altered or amended during the Town of Malta Planning Board site plan review process. All monument-type signs may be doubled-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. All signs shall comply with the Town of Malta Zoning Ordinance.

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

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

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

The retail building of the district shall be constructed with the materials and in conformance with the architectural drawings appended as Appendix F and G, and the materials listed in Appendix I.

Editor's Note: Appendixes F, G, and I are 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, and/or by municipal or private systems. Sanitary disposal shall be provided on site by an approved septic system, or by connection to the County sewer system. Any future connection to water or sewer systems shall be at the owner's expense. Any sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1. The owner 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 Code. 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 a knox box system and a direction alarm connection to the appropriate fire company and/or fire control center.

All utilities shall be installed underground.

No after-business hours outside storage of any products or equipment shall be permitted on the subject premises after final construction is completed for the retail building, except outside storage of motorcycles, snowmobiles, personal watercraft, all-terrain vehicles (ATVs), related parts and accessories and equipment used for the maintenance of the premises shall be permitted in a storage area as depicted on Appendix B. Said outside storage area shall be enclosed by a six-foot solid wooden fence. Outside storage of products and equipment shall also be allowed during construction of the pole barns.

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

Uses.

(1)

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

(a)

The front northern building shall be for retail uses for the sales and service of motorcycles, snowmobiles, personal watercraft and all-terrain vehicles (ATVs) and sale of related parts and accessories.

(b)

The front southern building shall be for a single family residential or office use by the property owners.

(c)

The proposed two rear buildings shall be pole buildings, which are contemplated to be for cold storage of motorcycles, snowmobiles, personal watercraft and all-terrain vehicles (ATVs) and related parts and accessories and not for use as retail or office space.

(d)

Any change in the uses set forth above shall be subject to the review and approval of the Town of Malta Town Board.

(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 prior to issuance of a certificate of occupancy, including but not limited to the following:

(a)

The satisfactory completion and maintenance for one year after completion of landscaping on the project site.

Any 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 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 J. The developer agrees to comply with all of the mitigating measures which are a part hereof at no cost to the Town. No certificate of occupancy will be issued until the mitigating measures are complete.

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

There shall be no more than a total 10 units of merchandise [motorcycles, snowmobiles, personal watercraft, and all-terrain vehicles (ATVs)] displayed outside area as generally depicted in Appendix B. All display items shall be displayed outside during hours the business is open and in operation.

Editor's Note: Appendix B 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.