§ 167A-58. Saratoga Medical Park at Malta Planned Development District No. 52., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

Short title and general provisions.

(1)

This local law shall be known as "No. 6 of 2009 of the Town of Malta" or "Saratoga Medical Park at Malta Planned Development District" (hereinafter the "District" or the "PDD").

(2)

The Zoning Code of the Town of Malta as adopted January 3, 1989, codified by Local Law No. 2 of 1995, and the Zoning Map of the Town of Malta as set forth therein and made a part thereof, are amended by changing from the existing zoning R-5 Agricultural Residential District and establishing the aforesaid District, which District is designed to contain a medical campus with a combination of medical services, medical professional office space, nursing home services, assisted living services, health care and fitness uses, retail uses supporting the primary medical uses, and a hospital, with such uses as set forth below in Subsection B, Definitions.

(3)

The area of the District consists of 139 +/- acres in the Town of Malta and is identified by the metes and bounds description set forth herein.

Editor's Note: The metes and bounds description included as a footnote to this subsection is set forth in a complete copy of L.L. No. 6-2009 on file in the Town offices.

(4)

All land uses, development, construction and operation of the facilities within the District shall be conducted in accordance with:

(a)

This legislation;

(b)

The environmental thresholds and conditions contained in this legislation;

(c)

The Town-wide GEIS and the June 5, 2006, Statement of Findings of the Town-wide GEIS;

(d)

The Supplemental Final Generic Environmental Impact Statement of Findings dated July 6, 2009;

(e)

The Environmental Assessment Report dated November 18, 2014; and

[Added 4-6-2015 by L.L. No. 2-2015]

Editor's Note: This local law provided that it should take effect six months after the date of filing with the New York Secretary of State.

Editor’s Note: This local law also redesignated former Subsection A(4)(e) as Subsection A(4)(f).

(f)

The uses and site plans approved by the Town Board and the Planning Board.

(5)

In any instances where specific permitted uses, area or height standards, development guidelines and/or review procedures specifically set forth in this PDD, as the same are specifically applicable to the District, conflict with other general provisions or requirements of the Town of Malta Zoning Ordinance, the particular provisions set forth herein shall take precedence. In all instances not specifically addressed in this PDD, the Code of the Town of Malta, as may be amended from time to time, shall apply.

(6)

Where a single property is leased to more than one tenant, other than in a single structure, the lease line shall be considered as a lot line for the purpose of determining minimum requirements, and that leased portion of the lot shall conform to all of the space, bulk, setback and parking requirements in the applicable zone.

Definitions. Where terms are defined in this PDD and are also defined in the Town Code of the Town of Malta, the definition contained herein shall apply to this PDD. In the event a term in this PDD is not defined below, but is defined in the Town Code of the Town of Malta, then that Town Code definition shall apply. Furthermore, it is the intent of this PDD to incorporate by reference the laws and rules of the State of New York that license, regulate and/or govern the uses defined herein when interpreting any proposed application to the Town of Malta for the establishment of such use, with particular reference to the Education Law and the Public Health Law of the State of New York.

AGRICULTURAL/CROP MANAGEMENT: The use of land for the production for sale of crops, livestock or livestock products, not including land used for processing or retail merchandising of such crops, livestock or livestock products.

AMBULATORY CARE CENTER: The health services provided on an outpatient basis to those who can visit a health care facility and return home the same day.

ANIMAL HUSBANDRY/CARETAKING: The agricultural practice of caring for and raising of horses.

ANIMAL THERAPY (INDOOR/OUTDOOR): Buildings and organizations that use horseback riding and horse care as a means of therapy for patients with physical, developmental or emotional disabilities.

ASSISTED LIVING: Any entity licensed by the State of New York which provides housing, meals, on-site monitoring, and personal care services in a home-like setting to adult residents.

CAFETERIA: An eating establishment located wholly within a hospital or medical center designed to service the needs of on-site employees, patients, guests, and customers.

CALLS: Communication from the nursing home, assisted living, and senior housing facilities to the Malta Ambulance Corp. Inc. with a corresponding response, which shall not include any inter-facility or medical facility to medical facility transports, unless performed by the Malta Ambulance Corp.

DAY-CARE FACILITIES: A program or facility in which (i) adult day care is provided to the elderly who are in need of support services in a protective setting during any part of a day, but less than twenty-four-hour care, and (ii) child day care is provided on a regular basis to more than six children for more than three hours per day per child for compensation or otherwise, except those programs operating as a family day-care home or a school-aged child care program as defined by the New York State Office of Child and Family Services.

EMERGENCY MEDICAL SERVICES CENTER: A hospital with a limited number of medical/surgical beds designed for the stabilization, care, treatment and holding of patients requiring emergency services.

ENTRANCE/GATEWAY: An area of greenspace which marks the entrance to a site and is comprised of signage, landscaping and plantings.

FITNESS CENTER: An establishment with the primary purpose of facilitating exercise, such as:

FLORIST: An establishment for the sale to the public of flowers and/or plants, which may include those produced or grown on the premises. A florist is considered a retail use and is subject to the limitations for retail uses set forth herein.

FOOD SERVICE PROVIDER: An establishment which is open to the public and is engaged in the counter sale of food and beverages, and for which drive-through is not a permitted use. As used herein, the term "food service provider" shall include cafes whose business includes the preparation of hot beverages, pastries, etc. A food service provider is considered a retail use and is subject to the limitations for retail uses set forth herein.

GATHERING/SITTING AREAS: An open area of land designed as a place for sitting or for a small congregation of people for enjoyment of the outdoors.

HOSPITAL: An institution licensed and approved by the State of New York with a certificate of need which provides physical and mental health services primarily for inpatients and medical or surgical care of the sick or injured, including, as an integral part of the institution, such related facilities as laboratories, emergency room, laundry, outpatient departments, training facilities, emergency rooms, central service facilities, conference and seminar facilities, staff offices, gift shops, florists, places of worship and all other components and uses customarily or commonly included in existing or state-of-the-art hospitals.

INDEPENDENT LIVING UNITS: Senior housing units that are designed for single-family residences, but shall be under a common ownership and not subdivided into individual lots.

MAILING CENTER: A place where business used primarily for office support services, including overnight mailing, photocopying, printing, online services or other office-related reproduction services. A mailing center is considered a retail use and is subject to the limitations for retail uses set forth herein.

MED-EVAC HELIPORT: An area, located in the southwest part of Development Area 8, as depicted on Appendix A, either at ground level or elevated on a structure licensed or approved for the landing and takeoff of helicopters and including auxiliary facilities such as parking, waiting rooms, fueling and maintenance equipment.

MEDICAL CENTER

(1)

A place where medical or dental care is furnished to persons on an outpatient basis by one or more doctors or dentists;

(2)

An urgent care medical facility or an ambulatory surgery facility;

(3)

A place for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises;

(4)

A facility for human ailments operated by a group of physicians, dentists, chiropractors or other licensed practitioners for the treatment and examination of outpatients;

(5)

A medical or dental clinic;

(6)

A medical library; and/or

(7)

A medical resource center.

MEDICAL EQUIPMENT SALES: A building or structure used primarily for the sale or rental of medical or dental supplies and equipment to medical providers or the general public.

MEDICAL LIBRARY: A place in which medical reference materials are kept and permitted to be loaned to members of the library on a temporary basis.

MEDICAL PROFESSIONAL OFFICE: An office of a physician, dentist, or any other licensed professional in the field of medically related services or health and wellness, such as acupuncturist, audiologist, dietician or nutritional counselor, mental health practitioners, licensed clinical social worker, therapist, chiropractor, massage therapist, medical physicist, midwife, naturopath, nurse practitioner, occupational therapist, physical therapist, ophthalmologist, optometrist, podiatrist, respiratory therapist, speech or language pathologist, osteopath, and physician assistant.

MEDICAL OR DENTAL CLINIC: An organization of specializing physicians or dentists, or both, who have offices in a common building, including laboratory facilities in conjunction with normal clinic services, but shall not include inpatient care.

MEDICAL RESOURCE CENTER: A place where medical information, technologies or products are studied, examined, tested or which such medical technologies and products are available for sale.

MEDICAL STAFF TRAINING AND EDUCATION CENTER: A school, college or other institution for learning, training and intellectual development primarily devoted to the medical or dental professions.

MEDICAL TREATMENTS: The services provided by licensed medical doctors.

NURSING OR CONVALESCENT HOME: Any establishment licensed by the State of New York which provides twenty-four-hour skilled nursing services to elderly and handicapped residents.

OPEN SPACE: An unoccupied space open to the sky on the same lot with a building.

OUTPATIENT SERVICES: Medical services provided by a hospital or other qualified facility, such as a mental health clinic, rural health clinic, mobile imaging unit or freestanding dialysis unit, including physical therapy, diagnostic X-ray and laboratory tests.

PARKING GARAGE, PUBLIC: A building used primarily for the parking or storing of automobiles on an hourly or daily basis for a profit.

PHARMACY: A store where pharmaceutical prescriptions are filled and drugs and other health-related articles are sold. A pharmacy is considered a retail use and is subject to the limitations for retail uses set forth herein.

PHASE: The nonsequential development of any area or structure shown in the PDD Area Uses Plan attached as Appendix A and pursuant to the environmental limitations and thresholds permitted for each phase under SEQRA and the Supplemental Final Generic Environmental Impact Statement of Findings dated July 6, 2009.

PHYSICAL THERAPY: A place where rehabilitative or preventative therapies are conducted, including physical, speech, occupational, aquatic and massage therapies; pulmonary rehabilitation; and/or chiropractic services.

PUBLIC AND PRIVATE RECREATION FACILITIES: An establishment with the primary purpose of facilitating exercise, recreation, weight control, and/or amusement for individuals and families.

PUBLIC TRANSPORTATION STOPS: Services which provide various forms of shared-ride services, including buses, vans, trolleys, and subways, which are intended for conveying the public, and the designated areas of land for the pick-up and drop-off of passengers, marked by appropriate signage.

PUBLIC UTILITY: Publicly or privately owned business entity, subject to government regulation, that provides an essential commodity or service, such as water, electricity, transportation, communication to the public, exclusive of telecommunications towers.

RECREATIONAL/NATURE/EXERCISE TRAILS: A network of trails designed to provide recreational use and benefit to the public.

RETAIL: A florist, food service provider, mailing center, or pharmacy, as those uses are defined herein. Retail shall not include (i) any establishment devoted primarily to the sale of medically related goods, services or merchandise to the general public, (ii) the sale of goods, services or merchandise which is ancillary to the primary purpose of the business or establishment or (iii) medical equipment sales. No more than 40% of any building, where allowed, shall be retail.

SENIOR HOUSING: Building and/or facilities with varying levels of medical and/or personal care support which provide housing which is intended for seniors over the age of 55, including dormitory housing, apartments, assisted living facilities and skilled nursing services facilities (as defined in the New York State Department of Health regulations), together with ancillary and support facilities for any and all of the foregoing.
[Amended 4-6-2015 by L.L. No. 2-2015]

SHORT-TERM PATIENT FAMILY ACCOMMODATIONS: A boardinghouse establishment that provides temporary living quarters for people who are ill and for their families while the individual who is ill receives treatment or care, such as a Ronald McDonald House™.

STABLES AND EQUESTRIAN USES: Buildings and activities used for the keeping and recreational use of horses, including structures customarily associated with and incidental to the keeping of horses such as hay bins, corn cribs and silos.

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

Editor's Note: This local law provided that it should take effect six months after the date of filing with the New York Secretary of State.

Development areas.

(1)

Generally. The District has been divided into nine development areas, henceforth referred to as "areas." See generally Appendix A. The maximum build-out of the site is set forth in the Revised Master Plan contained within the Environmental Assessment Report, dated November 18, 2014, and incorporated herein as Appendix B. The District will have a maximum allowed retail square footage restriction of 20,000 square feet for the entire district, with no single building containing more than 10,000 square feet of allowable retail square footage. No more than 40% of any building in the District may be retail. The areas of development in the PDD comprise approximately 65 acres, and the remaining land of approximately 74 acres shall consist of wetlands, trails, roads and open space.

[Amended 4-6-2015 by L.L. No. 2-2015]

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

Editor's Note: This local law provided that it should take effect six months after the date of filing with the New York Secretary of State.

(2)

There shall be no freestanding food service providers, freestanding retail or drive-through establishments within the District.

(3)

Specific uses by development area. All proposed uses for each area of the PDD, as defined in Subsection B above, are set forth as follows:

(a)

Area 1:

[1]

Allowable uses: green space or open space; entrance/gateway; stormwater management; stormwater maintenance; wetlands preservation; recreational/nature/exercise trails; gathering areas; sitting areas; and public utility.

[2]

Uses by special permit: none.

(b)

Areas 2, 4 and 5:

[1]

Allowable uses: medical professional office; medical or dental clinic; medical staff training and education center; mailing center; physical therapy; fitness center; medical library; medical resource center; emergency medical services center; florist; food service provider; pharmacy; day-care facilities; short-term patient family accommodations; outpatient services; public and private recreational facility; medical equipment sales and rental.

[2]

Uses by special permit: drive-through pharmacy; parking garage.

(c)

Area 3A:

[Amended 5-7-2012 by L.L. No. 6-2012]

[1]

Allowable uses: all uses previously listed under Areas 2, 4 and 5; hospital, medical treatment; ambulatory care center and a helistop (a designated area with a hard surface used exclusively for the take-off and landing of helicopters excluding auxiliary facilities); provided, however, that there may be no more than one helistop or med-evac heliport within Saratoga Medical Park at Malta.

[2]

Uses by special permit: none.

(d)

Area 3B:

[Amended 5-7-2012 by L.L. No. 6-2012]

[1]

Allowable uses: all uses previously listed under Areas 2, 4, and 5; ambulatory care center, medical treatment, medical center; and a helistop (a designated area with a hard surface used exclusively for the take-off and landing of helicopters excluding auxiliary facilities); provided, however, that there may be no more than one helistop or med-evac heliport within Saratoga Medical Park at Malta.

(e)

Area 6:

[Amended 4-6-2015 by L.L. No. 2-2015]

[1]

Allowable uses: all uses previously listed under Areas 2, 4 and 5; senior housing, independent living units, assisted living services; and nursing or convalescent home uses.

[2]

Uses by special permit: none.

Editor's Note: This local law provided that it should take effect six months after the date of filing with the New York Secretary of State.

(f)

Area 7:

[1]

Allowable uses: open space; gathering areas; sitting areas; and public transportation stops.

[2]

Uses by special permit: none.

Editor’s Note: Former Subsection C(3)(f), Area 6B, was repealed 4-6-2015 by L.L. No. 2-2015. This local law also redesignated former Subsections C(3)(g) and (h) as Subsections C(3)(f) and (g), respectively.

(g)

Area 8:

[1]

Allowable uses: open space; agricultural; animal husbandry/caretaking; stormwater management; stormwater maintenance; wetlands preservation; recreational/nature/exercise trails; animal therapy (indoor/outdoor); agricultural crop management; stabling and equestrian uses; Med-evac heliport in the southwest portion of this area as depicted in Appendix A; gathering areas; sitting areas; and public utility.

[2]

Uses by special permit: none.

(4)

On-site commercial uses: It is the intent of the District to provide a wide variety of medical, health and wellness services to the community. Commercial uses in the District shall be for the primary use and benefit of patients, staff and visitors to the District. The retail and commercial uses in the District will be limited appropriately during site plan review so as not to create a commercial center for non-District consumers. All campus commercial uses shall have site plan review pursuant to Article VI of the Code of the Town of Malta.

Site plan review and phased development.

(1)

All development within the District is subject to site plan review pursuant to the Town Code of the Town of Malta.

(2)

It is understood and agreed that a developer is required to comply with all local, state and federal requirements for each and every phase of development of this site. No site work or construction shall commence prior to obtaining approval from the Town of Malta for each phase. Each phase shall be submitted for site plan review to the Town of Malta prior to commencement of any construction or site preparation, including, but not limited to, grading and clearing. The developer shall comply with and satisfy all site plan, construction and building code, traffic, environmental (including but not limited to wetlands) and stormwater management requirements of all local, state and federal governments in effect at the time of the submission of each phase for site plan review, including all environmental thresholds and limitations for each phase as set forth in the Supplemental Generic Environmental Impact Statement of Findings, dated July 6, 2009.

(3)

Site plan review shall be completed by the Town of Malta Planning Board for each phase and shall include review of appropriate architecture.

(4)

Any application for site plan review hereunder shall contain a narrative statement of compliance with (1) these PDD regulations, (2) the Town-wide GEIS and the June 5, 2006 Statement of Findings of the Town-wide GEIS, and (3) the project conditions, mitigation measures and relevant impact thresholds which may be applicable to the development as set forth in the Findings Statement of the Supplement Generic Environmental Impact Statement, adopted July 6, 2009, together with all other Town of Malta requirements.

(5)

Where a proposed site plan presents issues regarding impacts that were not addressed in (1) the Town-wide GEIS and the June 5, 2006 Statement of Findings of the Town-wide GEIS, or (2) the Findings Statement of the Supplemental Generic Environmental Impact Statement, adopted July 6, 2009, the Town Board or the Planning Board may request further information such as full environmental assessment form or further documentation pursuant to SEQRA to determine the significance of such potential impacts and whether a supplemental EIS may be required.

Subdivision with the District.

(1)

It is understood and agreed that all proposed subdivision of lands of the property shall be presented to the Town of Malta Planning Board for approval pursuant to Chapter 143 of the Code of the Town of Malta. Subdivision within any development area will not require owners to comply with greenspace or open space requirements as these items have been calculated with the entire Campus plan. The applicant will be required to comply with setbacks, minimum lot sizes and frontage on interior roads as set forth in the attached Appendix C. The Town shall ensure adequate access and parking to all subdivided parcels.

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

(2)

The areas presented in the PDD Area Uses Plan do not indicate the final subdivision plan for the District. See Appendix A. The final decision of any lands which may be subdivided within or to create certain areas will remain with the Town of Malta Planning Board and be based upon a subdivision application submitted by the owner, but shall substantially conform with the areas set forth in Appendix A.

Development requirements and construction specifications.

(1)

Generally. Each phase of development in the District and/or a portion of development in an area shall be constructed in substantial conformance with the approved PDD Area Uses Plan, annexed hereto as Appendix A, or as approved by the Town of Malta Town Board or Planning Board. There shall be a reassessment of all site issues, including but not limited to wetlands, stormwater management, traffic and drainage, during site plan review of each new phase.

(2)

Trails and pathways.

(a)

Prior to the issuance of the first building permit, the owner shall convey easements to the Town consenting to (i) a trail right-of-way to be dedicated to the Town. (ii) a fifteen-foot easement along the northern and southern property lines for future pathways and (iii) a potential equestrian trail as depicted on the Open Space Plan Illustration attached hereto as Appendix D. Said plan shall be subject to review and approval by the Town of Malta Planning Board prior to the issuance of a building permit for the first building to be constructed on the Campus. Prior to the issuance of the first certificate of occupancy for the first building, the owner will provide a nonexclusive pedestrian easement for the proposed north-south roadway. Following construction of the center green within the main boulevard, as depicted in Appendix D, which will occur on or before the issuance of a certificate of occupancy for any building located within Area 5 or Area 6, the third phase of the trail system will occur. At each phase of development, the site plan review shall include the discussion of the construction by the applicant of a multi-use pathways throughout the internal parts of the District at such time deemed appropriate by the Town of Malta. The Town may impose a requirement of the partial construction of the pathway/trail system at each stage of development, as deemed appropriate.

[Amended 4-6-2015 by L.L. No. 2-2015]

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

Editor’s Note: This local law provided that it should take effect six months after the date of filing with the New York Secretary of State.

(b)

The Developer shall construct and maintain paved shared use public pathways adjoining the road system within Development Areas 1 through 7. These pathways shall be available to the public on a year-round basis from dawn until dusk for all nonmotorized vehicular use. The shared-use public pathways and trails within the District shall be constructed to the standards set forth in the Town of Malta Linkage Study adopted in 2003. Said pathways shall be connected to the existing sidewalks on Route 67 and Raymond Road. All shared public pathways shall be completed contemporaneously with the adjacent roadway. Prior to the development of the site, the existing road bed will be made available for use to the Town of Malta for limited access rights. Prior to the commencement of public access, the Town and the owner will enter into the appropriate hold-harmless agreement, which will be in place until such a time as the first certificate of occupancy is issued on the first building within the District. Said access will be available within 18 months of acceptance of this legislation. In addition, a recreational trails master plan shall be developed and should consider an equestrian/shared use nature trail(s) throughout the approved open space Area 8. This plan shall be approved by the Planning Board in consultation with the Director of Parks and Recreation of the Town of Malta prior to the certificate of occupancy of the first building.

(c)

It is understood that the equestrian theme of the property identified in the Town of Malta Master Plan shall be maintained by the owner and/or developer through the:

[1]

Retention, repair and upkeep and/or replacement of the horse farm fencing presently encircling the District;

[2]

Emphasis on the creation and maintenance of hippotherapy and therapeutic licensed/credential programs;

[3]

Preservation of approximately 53% of the District as open space; and

[4]

Recreational use of horses and equestrian activities on site.

(3)

Setbacks, building heights and area requirements. The rear, front, and side setbacks, maximum building heights, and minimum lot sizes for all structures within the District are provided for in Appendix C attached hereto.

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

(4)

Access, roads and traffic.

(a)

Access and roads.

[1]

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.

[2]

The entry point to the District located off Raymond Road will be limited to emergency access only. How this access is restricted shall be determined by the Town of Malta Planning Board in conjunction with the first site plan review application. Any additional limitation measures, such as road width and access restrictions, will be determined during the site plan review process of the phase or project involving the construction of the access road. The main and ancillary roadways shall be constructed to either town road or rural road standards as depicted in Appendix A. Notwithstanding the foregoing, the gravel road located in Area 8 may be used in its current condition for ingress and egress from the southerly part of the campus to access any building, structure or facility constructed or to be constructed within Area 8. Nothing herein shall relieve the developer its obligation to comply with the requirements of the New York State Fire Code.

[Amended 4-6-2015 by L.L. No. 2-2015]

Editor's Note: This local law provided that it should take effect six months after the date of filing with the New York Secretary of State.

(b)

Traffic.

[1]

The developer shall be responsible, through evaluation and assessment mitigation fees as determined by findings of the Malta Town-Wide GEIS, adopted by the Town of Malta on June 5, 2006, and as supplemented by the Supplemental Final Generic Environmental Impact Statement adopted by the Town of Malta on July 6, 2009, for the construction and costs of all traffic improvements deemed necessary for the orderly development of each phase, including but not limited to both on-site and off-site traffic control devices. The developer shall strive to incorporate the currently existing adjacent curb cuts into its traffic plans. In addition, the developer shall also incorporate the cross-access easement with the parcel to the west in the development of future traffic patterns for on- and off-site traffic.

[2]

In identifying and developing the traffic needs for this project, the developer shall incorporate the findings of the studies done concerning the Route 67 corridor, the Town of Malta Linkage Study and any subsequent studies done concerning traffic in the areas studied in the Supplemental Draft Generic Environmental Impact Statement, accepted July 7, 2008.

[3]

The traffic access for this development shall be Route 67. The access from Raymond Road shall be gated and restricted only to maintenance and emergency vehicles. It is understood and anticipated that a cross-access easement to the large parcel to the west shall be developed in the future as that parcel develops. The final location of the cross-easement shall be determined upon the site plan approval of the west parcel or at a time deemed appropriate by the Town of Malta Planning Board.

[4]

Mitigation fees shall be payable at the time the issuance of each building permit for structures within the District.

[5]

There shall be a floating, cross-access easement in Development Area 2 which will connect to the neighboring parcel to the immediate east of the District southeastern border. The easement shall be no closer than 100 feet to Route 67. The Town of Malta Planning Board shall determine the exact location of this easement when it deems appropriate.

(5)

Stormwater management. The initial stormwater management plan shall be constructed in compliance with the New York State Stormwater Management Design Manual for each area, as well as the provisions of the Town Code of the Town of Malta. It is understood and agreed that the stormwater management plan shall be reviewed and modified, if deemed necessary by the Town of Malta, each time a site plan is submitted for the Town's review. It is also understood and agreed that the property owner shall comply with any agency, governmental entity or regulatory body having jurisdiction concerning stormwater management and shall provide the Town of Malta with an easement for access to the stormwater management areas pursuant to the Town Code of the Town of Malta.

(6)

Water.

(a)

The first phase of the project which receives approval will be supplied by any water delivery system owned and operated by the County of Saratoga, the Saratoga County Water Authority, Burnt Hills-Ballston Lake Water District #2, Clifton Park Water Authority, or any other entity formed specifically and exclusively to operate a water delivery system upon site plan approval by the Town of Malta.

(b)

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.

(7)

Sanitary sewerage.

(a)

All phases of the project will connect with the Saratoga County Sewer District No. 1, or any other appropriate entity as determined by the Town of Malta. The design, construction and maintenance of all 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 owner and/or developer to assure a compatible, aesthetically pleasing development in an atmosphere. Said structures shall be subject to site plan review. The owner and/or developer shall enter into an agreement with the Saratoga County Sewer District #1 or any other appropriate entity as determined by the Town of Malta providing for the maintenance and upkeep of any structures constructed for their utilities, except for the private facilities constructed in the PDD.

(b)

The owner and/or 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 the portion of the facilities which are appropriate for public ownership.

(8)

Waste management. Owners, developers and/or businesses within the District shall comply with all federal, state and local regulations regarding the handling and disposal of hazardous or chemical waste and shall provide to the Town of Malta, the local ambulance company and the local fire department copies of any and all filings required by local, state and federal regulatory entities concerning the storage, use, disposal and emergency plans regarding hazardous materials and waste.

(9)

Utilities and electrical power. All electric distribution lines and utilities shall be located underground.

(10)

Open space and buffers. It is understood that 53% of the lands within the District shall be open space. To ensure that buffers, open space and environmentally sensitive areas are adequately preserved during construction, buffer limits and the means of construction protection shall be established during the site plan review process, and shall include imposition of protective measures such as fences. All efforts will be made to connect open space areas throughout the District.

(11)

Signs. Using the Wayfinding and Signage Plan as a guideline, the Planning Board shall review signage, including tenant logos and branding systems for individual buildings, as part of site plan review. A blue, front-lit, "Open 24 Hours" sign with 33 inches tall and 309 inches long channel letters, is permitted on the south and east side of the Malta Med Emergent Care building.

[Amended 4-6-2015 by L.L. No. 2-2015]

Editor's Note: This local law provided that it should take effect six months after the date of filing with the New York Secretary of State.

(12)

Demolition in Development Area 1. Prior to the issuance of a demolition permit for any of the buildings in Development Area 1, the applicant must agree to the installation of an appropriate historical marker to commemorate the buildings' significance. Demolition shall take place prior to the issuance of a certificate of occupancy for the first building.

(13)

Greenspace and buffers. A minimum of 53% of the lands within the PDD shall remain green space. There shall be a three-hundred-foot visual no-construction buffer along I-87 and a one-thousand-foot buffer from the center line of Raymond Road to the northernmost proposed residential units.

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.

Performance bonds and 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.

SEQRA. The Malta Town Board, as lead agency for this project pursuant to the State Environmental Quality Review Act, has adopted a Supplemental Final Generic Environmental Impact Statement which makes a declaration of nonsignificance concerning this project and fully sets forth all necessary mitigation measures. The developer agrees to comply with all of the mitigation measures which are a part thereof, at no cost to the Town. No certificate of occupancy will be issued until the mitigation measures are complete. Attached hereto as Appendix D is a summary of those mitigation measures.

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 a building permit is not obtained on any lands in this development within five 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.

Mitigation and open space fees.

(1)

General mitigation fees. The developer shall be required to pay any mitigation and open space fees consistent with the Town of Malta Town-Wide GEIS, adopted June 5, 2006, as amended upon the receipt of a permit from the Town of Malta for work on any phase approved by the Planning Board of the Town of Malta.

(2)

Emergency medical response fee. The SGEIS identified a potential adverse impact to the Town with respect to the possible increase in the number of calls placed from the senior housing, assisted living and nursing home facilities to the Malta Ambulance Corp. Inc. (EMS) in a given annual period. For purposes of this section, the term "facility" shall mean nursing home, assisted living, or senior housing facilities. For purposes of this section, the term "facility" shall mean nursing home, assisted living, senior housing facilities or senior apartments. In order to provide mitigation for the potential impact on EMS, the following has been determined to be appropriate for the District and shall apply as follows:

[Amended 4-6-2015 by L.L. No. 2-2015]

(a)

The mitigation and annual call limitations set forth in this Subsection L(2)(b) through (e) below shall be applicable only to assisted living, senior housing, senior apartments and nursing home uses within the District.

(b)

Upon the issuance of the first certificate of occupancy for an assisted living, senior housing, senior apartments or nursing home facility, said facility shall be deemed to have a maximum threshold of 106 calls to EMS per year which will be deemed to have no adverse impact and is consistent with the number of annual calls to like kind facilities in the Town of Malta. The facility shall be entitled to a proration of the 106 annual calls in accordance with the month the certificate of occupancy is issued (i.e., nine calls per month). Any additional assisted living, senior housing, senior apartments or nursing home facility located within the District will be permitted to share the 106 calls to EMS annually, but under no circumstances shall one or a combination of more than one facility thereafter exceed the maximum threshold of 106 calls without complying with the mitigation measures set forth in Subsection L(2)(c) below.

(c)

In the event the District does not exceed the annual call threshold of 106 (or a proration thereof), the difference between actual calls and the annual call threshold shall be added to the annual call threshold for the next calendar year. There shall be no limitation on the District's ability to apply the difference to the allowance for the next calendar year. If the District shall exceed the annual allowance of 106 calls, including any unused calls from any previous annual period, the owner shall be charged a per-call rate of $200 ("per-call rate"). The District's per-call rate recognizes the annual per-call cost to the Town's EMS of $227, as well as a credit to the District for providing a reduction in the operational impacts on EMS personnel and equipment due to the close proximity of medical service, including less gas, fewer miles traveled for vehicles and responders, and less wear and tear on EMS vehicles. The project also brings nonquantifiable benefits to the Town, including access to acute medical care, access to primary care services, and a helipad for emergency response.

(d)

The per-call rate for the District shall be reevaluated every five years from the effective date of this legislation or upon request by the Town when there is one-year net maximum operating cost increase to EMS in excess of 5%. The reevaluation of the per-call rate shall be based upon the EMS annual operating costs, less all patient reimbursement, less the Town of Stillwater contracted revenue, less any applicable tax levy in place at the time of reevaluation, exclusive of the Service Award Program portion, less the credit provided by the Town for any and all benefits the project provides to the Town in keeping with those recited in Subsection L(2)(c) above, and then divided by the number of total Town-wide calls received by EMS in the calendar year previous to the reevaluation.

(e)

If applicable, the Town shall issue an invoice to the owner of facility before January 31 of each year for the services rendered by EMS in excess of the 106 annual call threshold in the previous calendar year. In the event there is more than one facility operating within the District, the 106 annual calls shall be apportioned pursuant to the number of residents within each facility. The apportionment shall become each facility's annual call threshold for purposes of annual billing from the Town.

(f)

The District will also be financially responsible for the cost of any interfacility or medical-facility-to-medical-facility transportation.

Editor's Note: This local law provided that it should take effect six months after the date of filing with the New York Secretary of State.

(3)

Payment for services agreement for future hospital and other exempt buildings. In furtherance of the supplemental generic environmental impact statement for the District, the owner is obligated to make annual payments to the Town in an amount reasonable to mitigate the fire protection impacts of any hospital or other exempt building constructed within the District. In furtherance thereof, the owner shall be required to enter into an agreement with the Town of Malta setting forth the manner in which the owner shall pay an annual fee for services payment for fire protection ("AFSP"). The agreement for the AFSP shall be executed by the Town and the owner prior to or contemporaneous with the submission of any site plan application to the Malta Town Planning Board for the construction of a hospital or any other exempt building within the District.

[Added 5-7-2012 by L.L. No. 6-2012]

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

Supersession. The local law is hereby adopted pursuant to the provision of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments, it being the intent of the Town Board to supersede any and all contrary or inconsistent state laws.