§ 167A-54. Park Place at Malta Planned Development District No. 48., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This local law shall be known as "No. 2 of 2008 amending Local Law No. 2 of 2004, revising and replacing the provisions of Park Place Planned Development District No. 48."

The Town of Malta, New York, Zoning Code 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 Districts R-1 and C-1, 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. 48, Park Place at Malta Planned Development District, Town of Malta."

The area of the planned development district consists of 69 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A and Revised Appendix A, and Commercial Appendix A, attached hereto and made a part hereof.

[Amended 7-10-2017 by L.L. No. 3-2017]

Editor's Note: Referenced appendixes are on file in the Town offices.

Development areas.

(1)

The Park Place at Malta Planned Development District will consist of three areas. The first area shall contain an area of approximately 21 acres and consist of 60 single-family residences, located on the southerly portion of the property. Lot sizes in this area will range from approximately 6,000 square feet to 18,000 square feet. The main roadway through this area, designated as Vettura Court on Appendix A, will be 22 feet wide and will have five-foot concrete sidewalks along both sides. The road will be constructed pursuant to the Town of Malta standards. There shall also be developed alleyways for ingress and egress to the garages. Said alleyways will be 16 feet wide. The alleyways will not be dedicated to the Town of Malta but shall be maintained by the Park Place Homeowners' Association ("PPHOA").

(2)

The second area of the planned development district will contain approximately 36 acres and consist of up to 27 buildings of multifamily units. There may be two styles of buildings containing the multifamily units. See generally Revised Appendices A and J. Each building shall contain no more than 12 dwelling units. There shall be a maximum of 238 multifamily units. Each dwelling unit shall be at least 800 square feet, and no more than 2,500 square feet. Also constructed in this area, which is located at the central and northerly portion of the property, will be constructed a club house, together with recreational facilities that will include a pool, a tennis court, a basketball court, and walking trails as depicted on Appendix A, and Revised Appendix A. The clubhouse shall be 3,600 square feet and shall have an enclosed pool. See generally Revised Appendices A, J and K.

[Amended 1-23-2012 by L.L. No. 2-2012]

(3)

The third area (or commercial area) of the planned development district will contain the remaining approximately 12 acres. The approximately 1,068 linear feet of the project located along U.S. Route 9 will be developed for commercial purposes, up to a maximum of 115,000 square feet. No more than 80,000 square feet may be devoted to ground floor commercial space; any additional square footage is to be second story construction. A boulevard entrance will be developed from U.S. Route 9, as depicted in Commercial Appendix A, Appendix A, and Revised Appendixes C(1) and C(2). In addition to such boulevard entrance, there shall be up to three curb cuts allowed along U.S. Route 9 permitting direct access to the commercial area of the planned development district. See generally Commercial Appendix A. A landscaping plan and lighting plan shall be submitted to the Planning Board with any future site plan application(s), and such landscaping and lighting for the third area, or any portion thereof, shall be determined during site plan review.

[Amended 7-10-2017 by L.L. No. 3-2017]

(4)

Each potential purchaser of lands located in this development shall be furnished with a copy of this legislation. Potential purchasers and builders shall also be notified of the existence of the Luther Forest Technology Campus, prior to the execution of any contract for the development or purchase and sale of lands. This notification shall be approved by an attorney on behalf of the Town of Malta before it is presented to potential purchasers. In addition, this notification shall also be posted in all sales offices concerning this project. The developer shall provide the Town of Malta with a copy of the notification signed by potential purchasers acknowledging receipt of a copy of this legislation, as well as knowledge of the proposed Luther Forest Technology Campus, prior to the issuance of a building permit. If a house or dwelling unit is built on speculation, a copy of the notification shall be provided to the Town of Malta prior to the issuance of a certificate of occupancy. The landlord shall also notify any potential tenant of the existence and location of the proposed Luther Forest Technology Campus. These notification provisions may be altered or amended by resolution of the Town Board of the Town of Malta.

[Amended 2-2-2009 by Res. No. 74-2009; 1-23-2012 by L.L. No. 2-2012]

Development requirements and construction specifications; site plan; certificate of occupancy.

(1)

The developer shall construct the project in substantial conformance with the approved plans annexed hereto as Appendix A and Revised Appendix A, with the exception of the third area of the development which shall use Commercial Appendix A as a guide by the Town Planning Board during site plan approval.

[Amended 7-10-2017 by L.L. No. 3-2017]

(2)

The developer shall provide five-foot concrete sidewalks along both sides of the roadways in the areas where single-family houses and multifamily buildings are located, and on one side of the roadway in other locations, as set forth in the plans attached hereto as Appendix A and Revised Appendix A. There shall also be mountable concrete curbs placed throughout the development along roadways intended for public dedication, and there shall be concrete curbs along all other roadways intended as private roads within the project, except along the alleyways in the single-family area. It shall be the responsibility of the PPHOA to provide snow removal, upkeep, and maintenance of the single-family alleyways, roadways in the multifamily area and street trees along the roadways throughout the project. The PPHOA will also be responsible for the maintenance of the trail system throughout the project, the tot lots and other noncommercial green or undeveloped areas, including, but not limited to, the green areas in the roadway of Vettura Court as depicted on Appendix A and Revised Appendix A. Unless in common ownership, the landlord(s)/owner(s) of the commercial establishments shall form a commercial landowner's association (CLOA) that will be responsible for the upkeep and maintenance, in the commercial areas, of the sidewalks, parking lots, landscaping, and streetlighting along Landau Boulevard, as depicted on Commercial Appendix A and Appendix C(2); the public amenity space, as depicted on Commercial Appendix A; and the street trees along U.S. Route 9, as depicted on Appendix C(2). In the event such commercial establishments within the commercial areas are separately owned and no such CLOA is formed as provided herein, each separate owner shall be responsible for the maintenance obligations provided herein as it relates to such separate owner's individual lot, and all such owners of the commercial areas shall be jointly responsible for the maintenance obligations as it relates to the public amenity space located within the island at the center of Landau Boulevard.

[Amended 1-23-2012 by L.L. No. 2-2012; 7-10-2017 by L.L. No. 3-2017]

Editor's Note: Referenced appendixes are on file in the Town offices.

(3)

Pole lamps that are photoelectric-sensored-cell powered shall be located in the front yards of each single-family residence.

(4)

The project will connect with Saratoga Water Services, Inc., and the Saratoga County Sewer District No. 1 or any other appropriate entity. The design, construction and maintenance of all buildings concealing the water and sewer districts, as well as the associated landscaping regarding those utilities within the development district, will be done by the developer to assure a compatible, aesthetically pleasing development as determined during site plan review. Said building(s) housing the pump station(s) shall be constructed in substantial conformance with the plan set forth in Appendix M. Saratoga County Sewer District No. 1 or any other appropriate entity will be responsible for the maintenance and upkeep of any structures constructed for their utilities.

(5)

Water will be supplied by Saratoga Water Services, Inc. The developer shall comply with all state and federal requirements for the extension of the water service. Fire hydrants shall be installed by the developer pursuant to the fire code. The multifamily and commercial units will be equipped with sprinkler systems. There shall also be installed in the commercial units a Knox Box system.

(6)

Sanitary sewers will be provided throughout the site by connection to the Saratoga County Sewer District No. 1 or any other appropriate entity. The developer, at its expense, will provide the connection to the existing sewer system. All sewer facilities shall be designed and constructed in accordance with the standards of the Saratoga County Sewer District No. 1 or any other appropriate entity. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1 or any other appropriate entity all completed off-site sewer facilities at no cost to the Saratoga County Sewer District No. 1 or any other appropriate entity. The sewer district shall determine what portion of these facilities are appropriate for public ownership.

(7)

A final stormwater management report plan shall be submitted for review and approval by the Town during site plan review. A New York State Department of Environmental Conservation response letter of the notice of intent and stormwater pollution prevention plan shall be filed with the Malta Building and Planning Department prior to the commencement of any construction or clearing of the land. See generally Appendix G.

(8)

All federal- and state-designated wetlands have been flagged and delineated and shall be shown pursuant to the plan attached hereto as Appendix N. The developer shall be required to comply with all wetland determinations and mitigation measures as prescribed by the state and/or federal authorities. Wetland delineations shall be shown on the plot plans and shall be provided to prospective purchasers. The developer shall note and indicate all designated wetlands on any sales map or literature displayed or provided to potential purchasers.

(9)

Setbacks shall be set as follows:

(a)

Single-family homes. There shall be no construction of any decks, pools or other structures within these setbacks, except for sheds as provided for herein in Subsection E(15). See generally Appendix B.

[Amended 7-10-2017 by L.L. No. 3-2017]

[1]

Front yard: 15 feet minimum and 20 feet maximum.

[2]

Side yards: eight feet for houses and five feet for garages.

[3]

Rear yard: 20 feet.

(b)

Multifamily buildings.

[Amended 4-4-2011 by L.L. No. 4-2011]

[1]

Multifamily buildings shall be located on individual lots, with one building per lot. Buildings shall be set back from the lot lines as depicted on the Subdivision Map set forth at Appendix P. The foregoing notwithstanding, the following setbacks shall continue to apply:

[a]

To the edge of pavement along Phaeton Lane: 65 feet.

[b]

From edge of pavement to North Alley: 20 feet.

[c]

From the property line along Saratoga Blvd, and Malta Commons: 30 feet. See generally, Revised Appendix A.

[2]

There shall be no construction of any decks, pools or other structures (including sheds) within these setbacks. Also, no garage may be converted into living space.

(c)

Commercial buildings.

[1]

Front yard: 30 feet minimum and 50 feet maximum.

[2]

Side and rear setbacks shall generally follow, as a guideline, the GC-3 District requirements, as found in Section 3.13 of the Downtown Malta Form-Based Code, adopted by the Town of Malta on February 4, 2013, as amended. These standards may be modified during site plan review if, in the opinion of the Planning Board, modification is warranted.

[Amended 7-10-2017 by L.L. No. 3-2017]

(10)

The roadways in the single-family housing area shall be 22 feet wide, and the alleyways shall be 16 feet wide. The roadways in the multifamily condominium community will be 24 feet wide. The single-family residential roadway, Vettura Court, the north-south cross access roads, Phaeton Lane and Stonebreak Road West, and the commercial boulevard, Landau Boulevard, shall be constructed in conformance with the Town of Malta specifications and requirements in anticipation of dedication to the Town of Malta. Reserved to the Town is an easement at both the north and south borders of Phaeton Lane for purposes of road realignment in the future. Said reservations are depicted and noted on Appendix A and Revised Appendix A.

[Amended 1-23-2012 by L.L. No. 2-2012; 7-10-2017 by L.L. No. 3-2017]

Editor's Note: Referenced appendixes are on file in the Town offices.

(11)

Landau Boulevard.

[Added 7-10-2017 by L.L. No. 3-2017]

(a)

If the Town of Malta acquires fee title to Landau Boulevard, the owner(s) of the third area of the development shall perform the following work (the "work") on Landau Boulevard:

[1]

Increase the width of the entrances to Landau Boulevard from State Route 9 and Phaeton Lane;

[2]

Decrease the width and length of the center island of Landau Boulevard (the "island");

[3]

Replace the existing curb cuts to the island with mountable curb cuts; and

[4]

Replace the grass and landscaping located on the interior of the island with decorative hardscape and other landscaping features.

(b)

The work shall coincide with the construction in the third area of the development.

(c)

During the months of November to April, parking along Landau Boulevard will be restricted during any snow event for the purpose of allowing Town highway crews to plow snow during the evening hours.

Editor's Note: This ordinance also redesignated former Subsection E(11) through (19) as Subsection E(12) through (20), respectively.

(12)

Landscaping shall be completed in conformance with the typical lot landscaping package for single-family residences, as well as for the multifamily development and commercial areas as attached hereto as Appendix C(4) and Appendix B. The landscaping in the island along Landau Boulevard shall be installed and maintained during the first phase of construction and completed no later than at the time of the issuance of the first certificate of occupancy for any building within the project. See generally Appendix C(1). The final landscaping designs and requirements shall be determined during site plan review. See generally Appendix C(2). The CLOA and/or owner(s) of the commercial area shall be responsible for the maintenance and upkeep of any landscaping along U.S. Route 9 during the various construction phases, as approved and required by the Town of Malta.

[Amended 7-10-2017 by L.L. No. 3-2017]

(13)

There shall be no construction of any apartments within any single-family home. Apartments are permitted in the multifamily buildings. No garage shall be converted into living space in either the single-family homes or the multifamily units.

[Amended 1-23-2012 by L.L. No. 2-2012]

(14)

There shall be at least a two-car garage for each single-family home. Other than those single-family homes located adjacent to the cul-de-sac at the end of the Vettura Court, all driveways for all homes shall be located off the alleyways and shall not be more than the width of a two-car garage. Subject to site plan review, there shall also be permitted up to 200 square feet of parking on the residential lots adjacent to the driveways. These parking areas shall be constructed of permeable pavement.

(15)

If a shed is constructed in the single-family development area, it shall comply with all requirements of the Town of Malta, but shall not be larger than 100 square feet, and shall be located in the backs of yards, at least five feet from the rear and five feet from the side yard. Only one shed shall be allowed on each lot. Sheds shall only be allowed in the single-family home area, and shall be constructed of materials similar to the main residence. The Town of Malta Building and Planning Department shall make compliance determinations. Residents must obtain approval from the Town of Malta Building and Planning Department prior to the construction of any shed in the single-family home area.

(16)

There shall be no construction on Sundays.

(17)

All utilities shall be underground. All utility boxes, air-conditioning units and other utilities' structures shall be located towards the rear half of the single-family houses and shall be screened as determined during site plan review. An electrical utility easement shall be located along the southern alleyway adjacent to the single-family homes and shall be constructed in substantial conformance to Appendix P. In addition, there will also be utilities located underground in the northern alleyway as depicted on Appendix P.

(18)

Prior to the issuance of building permits for the buildings within this district, the owner shall submit a site plan and subdivision plan for approval by the Town Planning Board in accordance with Chapter 143 and Article VII of the Town Zoning Code. No building permits shall be issued without final approval of the site plan and subdivision plan by the Town Planning Board. Said site plan shall be in conformance with the proposed designs attached hereto as Appendix A and Revised Appendix A, with the exception of the third area of the development which shall use Commercial Appendix A as a guide for site plan approval by the Town Planning Board. Said site plan shall be in conformance with the proposed designs attached hereto as Appendix A and Revised Appendix A. Before the issuance of any building permits, all structures currently located on the project lands, except for the building on the southeast corner, shall be removed. The square footage of the single-family homes shall be not less than 1,600 square feet and not more than 3,200 square feet of living space, and shall be not higher than 30 feet to the eave. The height of the multifamily buildings that do not have individual driveways shall not exceed 54 feet (excluding chimneys), as defined in the Town of Malta Zoning Code under the definition of “building height.” The height of the multifamily buildings that do have individual driveways shall not exceed 30 feet to the eave. All other design standards shall comply with the Code of the Town of Malta. The materials used shall be those set forth in Appendix F. With respect to the authority of the Planning Board to grant final site plan and subdivision approval, the Planning Board is authorized to grant final subdivision approval to subdivide Lot No. 61 into 28 lots, with one lot being created for the community lands which include the clubhouse, recreational facilities, pool, tennis court, basketball court and walking trails, and the remaining 27 lots being created for the 27 multifamily buildings to be constructed within the PDD so that each multifamily building will be built on a separate lot, all in accord with the proposed subdivision maps entitled Park Place at Malta Lot 61 Subdivision Plan Condominium and Common Areas, prepared by WSP Sells and annexed hereto as Appendix P.

[Amended by 4-4-2011 by L.L. No. 4-2011; 1-23-2012 by L.L. No. 2-2012; 7-10-2017 by L.L. No. 3-2017]

(19)

There shall be located on the front of each house, multifamily residential unit and commercial property, clearly visible from the road, in contrasting color and in a uniform location, the designated 911 emergency house number, at least six inches in height and one inch in width, prior to the issuance of a certificate of occupancy. In addition, the developer shall provide the Town with an "as-built foundation location" survey with its application for a certificate of occupancy. Mailboxes for the single-family residences shall be uniform in design, and the developer shall cluster the mailboxes wherever possible. Mailboxes for the multifamily buildings shall be located in the clubhouse.

[Amended 1-23-2012 by L.L. No. 2-2012]

(20)

The clubhouse, as depicted on Revised Appendix A and Appendixes A, C(3) and K, shall be completed before the Town shall issue a building permit for the 11th single-family home or the 13th multifamily dwelling unit.

[Amended 1-23-2012 by L.L. No. 2-2012]

(21)

Parking for the third area of the development shall be determined during site plan review.

[Added 7-10-2017 by L.L. No. 3-2017]

(22)

Architectural standards for the third area of the development shall generally follow, as a guideline, the GC-3 District requirements, as found in Section 3.13 of the Downtown Malta Form-Based Code, adopted by the Town of Malta on February 4, 2013, as amended and as set forth generally in Revised Appendix I. These standards may be modified during site plan review if, in the opinion of the Planning Board, modification is warranted.

[Added 7-10-2017 by L.L. No. 3-2017]

Signs.

(1)

There shall be one monument-type sign uplit with one footcandle power, on each side of Landau Boulevard, and up to five directional (Type B) signs. See Appendix D. The location and design of the signs shall be subject to site plan review. The maintenance of all signs in the development shall be the responsibility of the owner of the lot on which such sign is located. The landscaping surrounding said signs shall be determined at site plan review.

[Amended 7-10-2017 by L.L. No. 3-2017]

Editor's Note: Referenced appendixes are on file in the Town offices.

(2)

The maximum size of said monument signs (Type A) shall be 40 square feet. See Appendix D for particulars concerning other signs.

(3)

All traffic control devices, roadway signs, and all road markings associated with this development shall be completed by the developer prior to the issuance of any certificate of occupancy and, where applicable, shall be in conformance with the requirements of the State of New York.

(4)

Signage for the third area of the development shall generally follow, as a guideline, the GC-3 District requirements, as found in Section 5.3 of the Downtown Malta Form-Based Code, adopted by the Town of Malta on February 4, 2013, as amended (Commercial Appendix D). These standards may be modified during site plan review if, in the opinion of the Planning Board, modification is warranted.

[Added 7-10-2017 by L.L. No. 3-2017]

Building code. All buildings will be constructed in accordance with the current building codes as adopted by the Town of Malta. 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 Code Enforcement Officer or Town Engineers.

Parkland development and maintenance.

[Amended 7-10-2017 by L.L. No. 3-2017]

(1)

The developer shall be responsible for the development of the parklands, trails, and central park area, as depicted on Revised Appendix A and Appendixes A, C(1), C(2), C(3) and C(4). The upkeep and maintenance of these areas shall be the responsibility of the PPHOA. The owner(s) of the third area of development shall be responsible for the development, upkeep and maintenance of the public amenity space located within the island at the center of Landau Boulevard, as depicted on Commercial Appendix A. The island will be improved by the owner(s) of the third area of development with decorative hardscape and decorative plantings to promote a passive park-like atmosphere. The time frame for development of these items and specific materials, layout, and landscaping shall be submitted to the Town Board for review and approval.

(2)

The developer(s) of the residential areas shall pay to the Town of Malta an open space and recreation fee of $1,000 per residential housing unit. Said sums shall be due and payable at the time a building permit is obtained. The costs incurred by the owner(s) of the commercial areas relating to any reconfiguration of Landau Boulevard and the construction and/or installation of the public amenity space located within the island at the center of Landau Boulevard shall be credited against any SEQRA mitigation fees otherwise due.

Storage. No outside storage of any products or equipment shall be permitted on the subject premises after final construction is completed for all buildings. There shall be no outside storage of any boats, campers, trailers, or motorized vehicles (other than registered personal motor vehicles) on the premises. No outside repair of mechanical or motorized vehicles shall be permitted. The Malta Town Building and Planning Department or the PPHOA shall be empowered to enforce these provisions. Violators shall be subject to fines of up to $100 per day for violations of this provision.

Uses. The following uses shall be permitted as designated on Revised Appendix A and Commercial Appendix A:

[Amended 1-23-2012 by L.L. No. 2-2012; 7-10-2017 by L.L. No. 3-2017]

(1)

Single-family residences.

(2)

Multifamily buildings: two designs.

(3)

The third area of the planned development district shall be permitted the following uses, provided no individual use exceeds 30,000 square feet in gross building area:

(a)

Animal hospital.

(b)

Automatic laundry/laundromat.

(c)

Bank.

(d)

Business office.

(e)

Convenience store - no gas.

(f)

Day care.

(g)

Drive-through service establishment.

(h)

Drugstore.

(i)

Fitness center.

(j)

Grocery store.

(k)

Medical center.

(l)

Personal service shop.

(m)

Professional office.

(n)

Recreation facility.

(o)

Restaurant.

(p)

Restaurant, fast food.

(q)

Retail business.

(4)

In the event any individual use shall exceed 30,000 square feet in gross building area, as provided in this section, such exceedance shall require an area variance.

Performance bonds or letters of credit. The developer shall file the original bonds or letters of credit with the Town Supervisor in the amounts and for the time periods required by the Town Planning Board and acceptable as to amount and form to the Town Supervisors, 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:

(1)

The satisfactory completion and maintenance for one year after completion of landscaping on the project site on the PPHOA and the CLOA lands; and/or

(2)

Satisfactory completion of the stormwater management system and required infrastructure items and other items identified by the Planning Board during site plan review.

Roads/rights-of-way. 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 reviewed by the Town Engineers.

(Reserved)

Editor’s Note: Former Subsection M, regarding the State Environmental Quality Review Act, was repealed 7-10-2017 by L.L. No. 3-2017.

Sunset rovision. In the event construction does not commence on any lands in this development within three years of its approval by the Malta Town Board, this legislation shall be deemed null and void, and the zoning of these lands shall revert to their current zoning.