§ 167A-57. Three Silos Planned Development District., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This local law shall be known as "No. 20 of 2007" and amends the Town of Malta Zoning Code to provide for the creation of a Planned Development District No. 51, Three Silos Planned Development District, Town of Malta.

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 District R-3 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. 51, Three Silos Planned Development District, Town of Malta."

The area of the planned development district consists of 54 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. All appendices referenced in this document are attached hereto and made a part hereof.

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

The zoning for this area shall be amended as provided herein. In any and all respects not otherwise provided for herein, if the provisions of the PDD are silent concerning items regulated by the Town Code of the Town of Malta, as such is amended from time to time, that Code shall apply.

Development proposal.

(1)

Residence square footage and basements.

(a)

The Three Silos Planned Development District will consist of up to 60 single-family residences. The residences shall be a minimum of 1,300 square feet, and shall not exceed 1,950 square feet. The square footage shall be measured to include all areas of living space (not including garages, basements, unenclosed decks and porches). The homes shall be limited in square footage to the size built at the time of the issuance of the certificate of occupancy to comply with the Town of Malta's Planned Development District ("PDD") legislation § 167-26 et seq., which sets forth the requirement for workforce housing and starter/retirement housing. In this PDD, that requirement shall be complied with as follows:

Number of Homes	Percentage of Homes	Maximum square footage
20	33%	1,950
19	32%	1,675
9	15%	1,475
12	20%	1,300

(b)

All homes shall have a full basement. One set of bilco doors may be installed in the rear of the home.

(2)

All common community areas and amenities set forth in Appendix B shall be maintained by the homeowners' association ("HOA") and open to the public. The final design of the passive center green area shall be in accordance with the plan set forth in Appendix C. The HOA shall own and be responsible for ongoing maintenance of this passive center green common area. The developer shall construct a muli-use pedestrian path along the north side of East High Street from the Northway bridge and extending east to US Route 9. The multi-use pedestrian path shall be paved, five feet to 10 feet wide and located in substantial conformance with the plan annexed hereto as Appendix F. The final design and location of the path shall be determined during site plan review. The HOA shall be responsible for continued repair and maintenance of that portion of the path that traverses the PDD and shall be responsible for keeping such portion clear of debris and passable by the public.

[Amended 12-2-2013 by L.L. No. 7-2013]

(3)

Each potential purchaser of a house located in the Three Silos PDD shall also be notified of the existence of the Albany/Saratoga Speedway and Interstate I-87, the "Northway," prior to the execution of any contract for the purchase and sale of lands. Said notice shall also be included in each deed. Potential purchases shall also be provided with a copy of this legislation prior to the execution of any contract for the purchase and sale of lands. The developer shall provide the Town of Malta with a copy of this notification executed by the purchaser prior to the issuance of a building permit. If a house in Three Silos PDD is built on speculation, a copy of the executed notification shall be provided to the Town of Malta prior to the issuance of a certificate of occupancy.

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

[Amended 12-2-2013 by L.L. No. 7-2013]

(1)

The developer shall construct the project in substantial conformance with the approved plan, annexed hereto as Appendix B.

(2)

The single-family residences shall be built in substantial conformance, in the proportions set forth above, to the plans annexed hereto as Appendix D (including color 3-D photo examples).

(3)

Pole lamps that are photoelectric sensored cell-powered shall be located in the front yards of each single-family residence. A streetlamp shall be installed at the entrance of this development along East High Street at a location approved by the Town Planning Board following site plan review and in a manner not inconsistent with Appendix H.

(4)

The project will connect with Saratoga Water Services, Inc., and the Saratoga County Sewer District No. 1, or any other appropriate entity as determined by the Town of Malta as generally set forth in Appendix G. The design, construction and maintenance of any buildings concerning 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 and approved during site plan review. Saratoga County Sewer District No. 1 or any other appropriate entity as determined by the Town of Malta will be responsible for the maintenance and upkeep of any structures constructed for their utilities.

(5)

The developer shall comply with all state and federal requirements for the extension of the water service. Fire hydrants shall be installed throughout the project by the developer pursuant to the building code and the fire code. Hydrants shall also be installed along East High Street from the project site to Route 9. The water lines shall be looped to provide connection to the Saratoga Water Services, Inc., in the Travers Meadow Development and along East High Street to connect with the existing water line along State Route 9.

(6)

Sanitary sewers will be provided throughout the site as generally set forth in Appendix G 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 portions of these facilities are appropriate for public ownership. The owner, 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 the appropriate entity as determined by the Town of Malta. The owner agrees to offer for dedication to the Saratoga County Sewer District No. 1, or other 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 portions of these facilities are appropriate for public ownership. The owner of the planned development district site, for itself and its successors and assigns, hereby agrees that, if the Town of Malta, New York, creates a municipal sewer district pursuant to Town Law Article 12 or Article 12A or otherwise, which district includes the site of the planned development district, in whole or in part, along with other areas of the Town of Malta, then the owner(s) agree that the owner(s) or the entity in ownership of the real property at the time said fee or charge is levied shall pay the same proportional fee, charges and capital cost as all other like, situated and/or improved real property owners within the municipally created sewer district, even though the real property with associated improvements, if any, which the individual or entity owns is connected to and paying the use charges and fees for the sanitary sewer system created by the owner. This responsibility shall run with the land. In purchasing any property within the planned development district, the purchaser acquires such property encumbered by the obligation to participate in, or contribute to, any special improvement district for the provision of sewage transportation which may be established for provision of such services to any area of the Town which includes that portion of the planned development district in which his or her land is located. A covenant and restriction consistent herewith, and in a form acceptable to the Town of Malta, shall be included in the chain of title to all subsequent purchasers.

(7)

The stormwater management plan shall be constructed in substantial compliance with the plans attached hereto as Appendices B and G.

(8)

All federal- and state-designated wetlands located within the PDD and/or adjacent to the Three Silos PDD have been flagged and delineated and are shown pursuant to the plan attached hereto as Appendix E. The developer shall be required to comply with all wetland determinations and mitigation measures as prescribed by the state and/or federal authorities. Notice of the possibility of wetlands and the limitations of use of said lands shall be provided, in writing, to prospective purchasers of single-family residences that are located along the northwest Drummond Creek Corridor side of the subdivision. The developer shall note and indicate all designated wetlands on any sales map or literature displayed or provided to potential purchasers.

(9)

Minimum setbacks.

(a)

Minimum setbacks shall be as follows:

[1]

Single-family homes:

[a]

Front yard: 20 feet.

[b]

Side yards: 10 feet each side.

[c]

Rear yard: 10 feet.

(b)

There shall be no construction of any pools, decks or other structures within these setbacks. No sheds shall be allowed in this subdivision. In regard to the front yard setback, it is the intention of the Town Board that homes will not only comply with the setback requirement, but will also be staggered up to 40 feet from the front boundary line. The Planning Board, during site plan review, shall ensure that homes, especially those adjacent to one another, provide a staggered appearance.

(10)

Roadways and trees.

(a)

The roadways in Three Silos PDD shall be constructed in conformance with Town of Malta road standards and shall be constructed with wing curbs. Upon construction, all internal roadways shall be offered to the Town for dedication. With the exception of a single model home, no building permits shall be issued within the development until the adjacent roadway has been accepted by the Town. A five-foot-wide concrete sidewalk shall be constructed along one side of each roadway within the Three Silos PDD. The developer shall also provide an easement to the Town of Malta, or other appropriate governmental entity, to provide for the possible future realignment of East High Street and Damascus Way to allow for a curve of 45 miles per hour. Said easement shall be as generally depicted on Appendix L and finalized during site plan review.

(b)

Street trees shall be part of the development. The location, number and species shall be determined at the time of site plan review and in regard to trees located adjacent to sidewalks, they should be placed between the sidewalk and roadway.

(11)

Landscaping for all residential units shall be completed in substantial conformance to the landscaping plans attached hereto as Appendix E. In addition, landscaping for the common areas shall be in substantial conformance to the plans depicted in Appendix E. The final landscaping shall be determined during site plan review.

(12)

No garage shall be converted into living space in this development.

(13)

There shall be at least a one-car garage for each single-family home. The driveways for all homes shall be no more than the width of a two-car garage.

(14)

Sheds shall be prohibited. Fences shall be permitted and comply with all rules and regulations concerning their construction.

(15)

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 outside storage of nonregistered vehicles or of any trailers, boats, snowmobiles, ATVs or personal watercraft. In the event the Town seeks compliance with this provision by commencement of an enforcement action, violations shall be subject to fines of up to $100 per day for each day such occurrence continues following a notice of violation.

(16)

Swales along the roadways shall not be obstructed or allowed to become obstructed.

(17)

The developer, and thereafter the HOA, shall be responsible for snow removal, maintenance, repair and replacement of the sidewalks.

(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 Article VII and Chapter 143 of the Town Zoning Ordinance. No building permits shall be issued without final approval of the site plan and subdivision plan by the Town Planning Board. The square footage of the single-family homes shall not be less than 1,300 square feet of living space, and no more than 1,950 square feet, subject to the workforce and starter/retirement housing provisions set forth above and in the Town of Malta Code. The residences shall not be higher than 35 feet to the eave. Residences shall also be staggered as set forth in Subsection F(9) above. All other design standards shall comply with the Code of the Town of Malta.

(19)

There shall be located on the front of each house and clearly visible from the road, in contrasting color and in a uniform location, at least six inches in height, the designated 911 emergency house numbers 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 for each apartment building or residence.

(20)

The Town and developer agree to grant an access and work easement to Saratoga County Sewer District No. 1, or other appropriate entity, at all locations deemed appropriate by the Town of Malta.

(21)

Restrictive covenants.

(a)

The single-family residences shall be subject to restrictive covenants which shall be contained in the deeds from the developer and shall run with the land. These covenants shall include:

[1]

The requirements set forth in Subsection E(3), F(6) and F(12) to (17) of this section;

[2]

Any additional reasonable restrictions established by the Town of Malta Planning Board during site plan review; and

[3]

The following:

[a]

No lot shall be further subdivided and no addition allowed to the residential structure, except for a deck, so as to comply with the maximum square footage allowances set forth in the Three Silos Planned Development Legislation.

[b]

There shall be only one residential structure or use on the lot.

(b)

The restrictive covenants shall be provided to the Town Attorney and/or Town Planning/Zoning Counsel to confirm compliance with this provision prior to the issuance of building permits.

(22)

The area depicted as the Drummond Creek Corridor on Appendix E shall be retained by the HOA and/or may be transferred to a land conservancy such as Saratoga PLAN. Any construction, including trails, shall be prohibited in the Drummond Creek Corridor.

Signs.

(1)

There may be project identification signs which shall be constructed and generally located as depicted on Appendix E. The final design and location shall be determined at site plan review. The lighting, if any, of a sign shall be determined at site plan review. The maintenance of all signs in this development shall be the responsibility of the HOA.

[Amended 12-2-2013 by L.L. No. 7-2013]

(2)

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.

(3)

The developer shall be required to complete traffic improvements to the intersection of Damascus Way and East High Street in substantial conformance to the plans set forth in Appendix J.

[Amended 12-2-2013 by L.L. No. 7-2013]

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)

Only single-family residences shall be allowed in this PDD.

(2)

Parklands/playground/ball fields, trails, picnic areas and pavilions and other similar type uses shall be allowed in the common areas.

Performance bonds or letters of credit.

(1)

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:

(a)

The satisfactory completion and maintenance for one year after completion of landscaping on the project site on the common areas and single-family residences; and/or

(b)

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

(2)

The developer shall also file bonds or letters of credit with the Town Supervisor upon the Town’s acceptance of each subdivision road offered for dedication. Each bond or letter of credit shall be in an amount determined by the Town Board in consultation with the Town Engineer, Town Highway Superintendent and/or Town Attorney and shall be presented in a form acceptable to the Town Attorney. The purpose of such bonds and/or letters of credit shall be to ensure the repair/reconstruction of any damage caused to Town roads within the development by continued construction activities.

[Added 12-2-2013 by L.L. No. 7-2013]

Roads/right-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.

Attached and made a part hereof as Appendices are documentation, diagrams, and plans associated with the Planned Development District as follows:

[Amended 12-2-2013 by L.L. No. 7-2013]

	Appendix A: Legal Description of PDD
	Appendix B: Site Plan
	Appendix C: Passive Recreation
	Appendix D: Home Elevations and Floor Plans
	Appendix E: Landscape, Signage and Wetland Delineation Plan
	Appendix F: Multi-Use Pedestrian Path Plan
	Appendix G: Utility (potable water, sanitary sewer, stormwater) Report
	Appendix H: Site Lighting Specification
	Appendix I: Mailbox Specification
	Appendix J: Road Realignment
	Appendix K: SEQRA Negative Declaration Determination
	Appendix L: 45 m.p.h. Curve Realignment

SEQRA. The Malta Town Board, as lead agency for this project pursuant to the State Environmental Quality Review Act, finds this project is in compliance with the Town-wide GEIS and 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 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 approval of the Town Board and posting and publishing in the official newspaper of the Town of Malta as required by law.

Sunset provision. In the event construction does not commence on any lands in this development within 11 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.

[Amended 10-4-2010 by L.L. No. 8-2010; 10-1-2012 by L.L. No. 13-2012; 9-6-2014 by L.L. No. 7-2014; 10-17-2016 by L.L. No. 9-2016]

GEIS fees. The developer shall be required to pay a park fee in the amount of $ 1,000 for each single-family residence. This fee shall be due and payable at the time a building permit for each unit is obtained. The developer shall also be required to pay the following fees provided for in the Town-wide GEIS, 1/2 of the total amount due at the time of the issuance of a building permit, and 1/2 at the issuance of a certificate of occupancy:

(1)

Open space fees.

(2)

Transportation fees.

(3)

GEIS update fees.