§ 167A-59. Kumar Inn and Suites Planned Development District No. 53., 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. 7 of 2009 of the Town of Malta" or the "Kumar Inn and Suites 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 C-8 Highway Commercial West district and establishing the aforesaid District, which District is designed to contain a hotel, associated parking area, on-site sanitary system, storm system and water system.

(3)

The area of the District consists of 14.90 +/- 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. 7-2009 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 the legislation;

(c)

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

(d)

The Negative Declaration dated June 5, 2006, pursuant to 6 NYCRR 617.10(d)(3) find this project consistent with the GEIS; and

(e)

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

(5)

In any instance 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 Code, 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.

Definitions. Except as otherwise specifically set forth in this legislation, the terms used throughout this PDD shall be defined pursuant to § 167-2 of the Zoning Code of the Town of Malta:

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

UNIT: A defined lodging space within a hotel consisting of guest accommodations for overnight stays.

Development.

(1)

Generally. The District will consist of a commercial development containing a hotel with a maximum of 49 units, which includes but is not limited to an indoor swimming pool, exercise facility, conference facilities, dining areas (which will allow for a continental breakfast with tables and chairs, but does not include a stove or kitchen), laundry, and all other ancillary uses associated with a hotel. The development will also include an associated parking area, in substantial conformance with Appendix A.

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

(2)

Specific uses in district. All proposed uses for the District, as defined in Subsection B above are set forth below:

(a)

Allowable uses.

[1]

Hotel and all accessory and ancillary uses thereto;

[2]

Recreational/nature/exercise trails, together with an easement to the Town of Malta and its residents for access to said trails and to the Kayaderosseras Creek.

Site plan review and construction limitations.

(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 that any developer in the District is required to comply with all local, state and federal requirements for development on this site. No site work or construction shall commence prior to obtaining approval from the Town of Malta. Any developer must submit development plans for site plan review prior to the commencement of any construction or site preparation, including but not limited to grading and clearing.

(3)

Any application for site plan hereunder shall contain a narrative statement of compliance with the requirements of this PDD and the Town of Malta Building and Planning Department.

(4)

Construction specifications. The following limitations and restrictions shall apply to any development within the District:

(a)

The construction of a hotel with a maximum of 49 units. It shall be no more than three stories in height or a maximum of 40 feet, with a maximum per floor of 11,250 square feet.

(b)

Buildings may not be located within 35 feet of existing rights-of-way.

Development requirements.

(1)

Generally.

(a)

It is understood and agreed that the hotel may be constructed on site and will be in substantial conformance to the attached Appendix A. It will be comprised of a maximum of 49 units with 59 associated parking spaces.

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

(b)

The developer shall comply with all architectural, site layout, and other development requirements of the Town of Malta Planning Board during site plan review, including fire-fighting requirements, including, but not limited to, the building being sprinklered, a drafting hydrant from the pool for fire protection, a knox-box® system and a stand-pipe connection on each floor.

(2)

Community benefits. The owner of the subject property will provide public access to the Kayaderosseras Creek (which was a specified goal in the 2005 Town Comprehensive Plan) by providing a trail consistent with the shared-use nature trail as defined in the Town of Malta linkage study. The trail and access shall be complaint with the Americans with Disabilities Act and provide access for the public for activities, including, but not limited to, kayaking, canoeing and fishing. The trail design and construction shall meet all local state and federal requirements, including appropriate permits for work in wetland areas. The owner of the subject property shall be responsible in perpetuity for all maintenance including, but not limited to, controlling and removal of invasive species, sediment and bank erosion controls. The final design, materials and configuration shall be determined during site plan review. This trail shall be completed to the satisfaction of the Town of Malta and its representatives before the certificate of occupancy will be issued for any building.

Editor's Note: See 42 U.S.C. § 12101 et seq.

(3)

Access, roads and traffic.

(a)

Access and roads. 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.

(b)

Traffic. In identifying and developing the traffic needs for this project, all applicants must incorporate and follow the studies done concerning the Exit 13 interchange, as more specifically outlined in the Town-wide GEIS Statement of Findings, dated June 5, 2006. Any application for site plan review filed in connection with the District must be accompanied by a statement of compliance with the traffic studies undertaken in connection with the project.

(4)

Stormwater management. The 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 also understood and agreed that the property owner shall comply with any agency, governmental entity or regulatory body having jurisdiction concerning stormwater management.

(5)

Water. The District will be supplied by private well. The potable water supply system shall be supplied from a source or sources approved by the State of New York Department of Health and any other state department agency having jurisdiction.

(6)

Wastewater. The wastewater from any project on site will be treated by a wastewater treatment plant (WWTP) with a surface discharge. The proposed system shall be based on any application SPDES permit limitations, including tertiary treatment, nitrification, and phosphorus removal. The wastewater disposal system shall be from sources approved by the State of New York Department of Health, New York State Department of Environmental Conservation, and any other regulatory agency having jurisdiction. The property owner shall be required to maintain the WWTP in accordance with all regulatory agencies. The property owner shall provide to the Town of Malta Building and Planning Department a copy of all certifications received from all regulatory agencies, including but not limited to permit updates and renewals. In addition, in the event of any occurrence that happens with the WWTP which requires the property owner and/or the licensed operator of the WWTP to report such occurrence (including, but not limited to, a system failure, overflow, etc.), by a copy of such occurrence to a regulatory agency, a copy shall also be provided to the Town of Malta Building and Planning Department. The property owner and/or the licensed operator of the WWTP shall also provide the Town of Malta with a proposed plan of action to address the occurrence described in the report.

(7)

Green space, buffers and setbacks. To ensure that buffers, green 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. The property owner shall submit documentation that demonstrates compliance with all wetland buffers and regulations.

(8)

Signs.

(a)

The maximum size of signs shall be determined by the Code of the Town of Malta in effect on the date of the submission of plans of any signs for the parcels of land adjacent to this parcel.

(b)

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

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, finds this project to be consistent with the Town-wide GEIS and the June 5, 2006 Statement of Findings for the Town-wide GEIS and therefore finds that this project shall have no negative environmental impact. 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.

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

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. 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.

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.

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.