§ 167A-55. Fillpoint Planned Development District No. 49., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This local law shall be known as "No. 6 of 2006" and amends the Town of Malta Zoning Law (Chapter 167) to provide for the creation of a Planned Development District No. 49, Fillpoint Planned Development District, Town of Malta.

The Town of Malta, New York, Zoning Law 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 C-2 Commercial Zone 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. 49, Fillpoint Planned Development District, Town of Malta."

The area of the planned development district will consist of 3.24 plus/minus acres in the Town of Malta and is bounded and described as set forth in Appendix A. All appendixes referenced in this document are on file in the Office of the Malta Town Clerk.

Development area.

(1)

The Fillpoint Planned Development District will consist of approximately 3.24 acres of land located adjacent and south of Knabner Road in the Town of Malta. There shall be constructed thereon a warehouse and office not to exceed a 30,000 square foot footprint. This building may also be utilized as a professional office, museum, municipal building or any other use allowed in the C-2 Route 9 South of Downtown district, as such is amended from time to time.

(2)

The developer shall construct to the Town of Malta's specifications a linkage road and sidewalk, as depicted on Appendixes B, C and G. This shall be completed before the certificate of occupancy is issued. The road shall be dedicated to the Town of Malta at no cost upon the request of the Town.

(3)

Plans depicting the proposed development for the above referenced area are set forth in Appendixes B through I, and as amended by Appendix M, which depicts an additional seven parking spaces and modified the green space to 52.8% of the parcel.

[Amended 8-6-2007 by L.L. No. 14-2007]

(4)

The developer shall cause to be placed in the chain of title notice regarding the Luther Forest Technology Campus PDD.

(5)

The building shall be constructed in substantial conformance to the architectural rendering set forth in Appendix J.

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

(1)

The developer shall construct the project in substantial conformance with the approved plan, Appendixes B through I.

(2)

The project will connect with Saratoga Water Services, Inc. and the Saratoga County Sewer District #1, or any other appropriate entity as determined by the Town of Malta.

(3)

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. The building shall be equipped with a sprinkler system. A Knox box access system shall be installed for the Fire Department. Hydrants shall be located on the property in consultation with the Round Lake Hose Company.

(4)

Sanitary sewers will be provided to the building on the site by connection to the Saratoga County Sewer District No. 1 or any other appropriate entity as determined by the Town of Malta. 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 other appropriate entity as determined by the Town of Malta. The developer agrees to offer for dedication to the Saratoga County Sewer District No. 1, or other appropriate entity, all completed off-site sewer facilities at no cost to the Saratoga County Sewer District No. 1 or other appropriate entity. The sewer district shall determine what portion of these facilities are appropriate for public ownership.

(5)

The stormwater management plan shall be constructed in compliance with the plans set forth in Appendixes D and E.

(6)

Setbacks shall be set as follows:

(a)

From the northern boundary: 50 feet.

(b)

From the eastern boundary: 35 feet.

(c)

From the southern boundary: 40 feet.

(d)

From the western boundary: 40 feet.

(e)

In addition, within the western boundary setback, a twenty-foot "no cut" zone shall be delineated and flagged prior to clearing of the lot.

(7)

The linkage road as set forth on the plans shall be constructed in conformance with the Town of Malta specifications and requirements. This road, subsequent to construction, upon written request of the Town of Malta shall be transferred and dedicated to the Town of Malta, New York. In addition, the developer agrees to install, at its expense, a five-foot concrete sidewalk within the southern right-of-way of Knabner Road from a point adjacent to the northwest corner of the property to the westerly right-of-way boundary of U.S. Route 9.

(8)

Landscaping shall be completed in substantial conformance to the landscaping plans set forth in Appendix F. The final landscaping shall be determined during site plan review.

(9)

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. No building permits shall be issued without final approval of the site plan by the Town Planning Board. All other design standards shall comply with the Code of the Town of Malta. In the event this PDD legislation does not specifically address a particular issue, then the provisions of the Code of the Town of Malta shall apply.

(10)

The developer shall provide the Town with an "as-built foundation location" survey with its application for a certificate of occupancy.

(a)

There shall be no outside storage of any products or equipment after final construction or subsequent remodeling of the premises is completed. There shall be no storage of unregistered vehicles. The Malta Town Building Department shall be empowered to enforce these provisions. Violations shall be subject to fines of up to $100 per day for violations of this provision.

(b)

The lot shall not be further subdivided.

(11)

The maximum building height shall be 40 feet.

Signs. There shall be a sign which shall be constructed in the same style as depicted in the appendixes. In addition, the developer shall provide a sign concerning the linkage road as deemed appropriate by the Town. The final size and location of the signs shall be subject to site plan review and shall be consistent with the sign standards set forth in the Code of the Town of Malta.

Building code. All buildings will be constructed in accordance with the current building codes as adopted by the Town of Malta, as amended. 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.

Utilities. All new utilities shall be installed underground.

Uses.

(1)

Warehouse.

(2)

Professional office.

(3)

Municipal building.

(4)

Museum.

(5)

All other uses permitted in the zone where the parcel is located, as such provision may be amended from time to time.

Performance bonds or letters of credit. The developer shall file 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 Engineers and Town Attorney to guarantee such performance and/or completion of the requirements of this planned development district local law 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; and/or

(2)

Satisfactory completion of the stormwater management system and required infrastructure items.

(3)

The satisfactory completion of the linkage road.

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.

SEQRA. 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, Appendix L. 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.

Effective date. This local law shall take effect 10 days after filing with the NYS Secretary of State.

Sunset provision. In the event construction does not commence on any lands in this development within four 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.

Park, open space, GEIS preparation and traffic fees.

(1)

The developer shall be required to pay a park fee in the amount of $89 per square foot of building constructed. This fee shall be due and payable at the time a building permit is obtained.

(2)

The developer shall be required to pay an open space fee in the amount of $861 per acre of disturbed land.

(3)

The developer shall be required to pay a GEIS preparation fee in the amount of $67 per trip.

(4)

In recognition of the developer constructing the linkage road pursuant to the provisions of Subsection E(8), the Town has agreed to accept this linkage road in lieu of any traffic fees.

Severability clause. If any provisions of this local law shall be held invalid in an appropriate court proceeding, the remainder of this local law shall not be affected thereby.