§ 167A-61. Stewart's Shops - Adirondack Trust Planned Development District No. 55., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

This planned development district created by adoption of Local Law 2 of 2014 shall be known as the "Stewart's Shops - Adirondack Trust Planned Development District."

The Zoning Law of the Town of Malta, as adopted January 3, 1989, and as thereafter amended in its entirety by Local Law 9 of 2005 and the Zoning Map of the Town of Malta as set forth therein and made a part thereof, are amended by changing the lands described below from the existing zoning R-1 Residential District and establishing this planned development district.

The area of this planned development district consists of approximately 2.76 acres in the Town of Malta which, as of the time of this enactment, is identified as Tax Map Parcel Number 240.00-2-23.2. The precise boundaries are as set forth in Appendix A (metes and bounds description) and Appendix B (site plan).

Editor's Note: Appendix A and Appendix B are on file in the Town offices.

Uses. Uses not specifically allowed are prohibited. The following uses are allowed within the planned development district:

(1)

Convenience store, including sale of fuel.

(2)

Bank, including drive-through service.

Development requirements.

(1)

This planned development district may contain a single-story structure no larger than 5,300 square feet with two gas canopies no larger than 2,000 square feet. There will be no more than six dual-access multi-product fueling dispensers and one stand-alone single access diesel fueling dispenser with two underground storage tanks, and such tanks may not exceed 15,000 gallons each. Currently, it is the applicant's intention to develop a convenience store with an attached bank. The bank is permitted up to three drive-through lanes which will not be included in the calculation of the building's size. There will be no fewer than 36 parking spaces. The planned development district will contain no less than 50% green space. There will be one full-access curb cut on Route 67 and one full-access curb cut on Luther Forest Boulevard.

[Amended 5-4-2015 by L.L. No. 3-2015]

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.

(2)

The building is permitted two building signs no greater than 24 square feet each. There is also permitted one freestanding sign of no greater than 64 square feet, which may be internally illuminated.

Site plan review. Development within this planned development district shall be in accordance with the provisions of this legislation and shall be subject to the site plan review authority of the Town of Malta Planning Board as set forth at Article VI of Chapter 167 of the Malta Town Code. The precise location of the proposed building, signs and other components of construction, as well as the precise building materials, landscaping, lighting, location and precise number of parking spaces, shall be determined through the site plan review process, provided that the minimums and maximums set forth in this legislation are complied with. No building permit shall be issued without final approval of the site plan by the Town Planning Board. The approved site plan shall not be materially inconsistent with the proposed architectural renderings set forth at Appendix C (architectural renderings dated March 22, 2013, titled "Sheet T-1").

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

Water and sewer service. This planned development district will be connected to a public water supply and municipal sewer service, and all appropriate written approvals shall be obtained from the appropriate authorities and the Town Engineer prior to the issuance of any building permit or certificate of occupancy. Connection of this district to a public water supply is expected to require installation of approximately 1,000 feet of main from the source along the south side of Route 67 to the planned development district as depicted on Appendix D (map titled "Saratoga Water Services Maltaville Extension," dated February 3, 2014).

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

Public benefit.

(1)

The zoning change effectuated by this legislation will necessarily impact the surrounding residential properties, specifically the developed portions of Maltaville depicted on Appendix E, Clough Harbor and Associates Map, dated June 2011, identified as "Figure 7" and entitled "Maltaville Water Supply Study Surficial Geology," depicting approximately 75 properties. The applicant originally considered ameliorating these impacts by installing a water transmission main to service surrounding properties, but doing so would be disproportionate to the impacts at issue. Therefore, the applicant proposed the payment of $200,000 toward the design, permitting and construction/installation of a water main to such properties. As this sum is roughly proportional to the impacts at issue, the Town finds such payment to appropriately mitigate the impacts of the proposed development and further finds that payment constitutes the public benefit contemplated by Town Zoning Law § 167-26A.

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

(2)

The applicant will enter into a written agreement with a public water supplier authorized to deliver water service to such surrounding properties as a secondary water purveyor. If this supplier requires federal, state, county or other approvals in order to do so, the applicant will take all steps reasonable and necessary to assist the supplier in acquiring such approvals.

(3)

The written agreement will identify the Town as a third-party beneficiary for purposes of enforcing the use of the applicant's funds toward future extension of water services in the manner described in this legislation. The agreement will also indicate upon what circumstances and conditions the facilities will be extended by the supplier and provide the Town with the means for determining at what point the identified circumstances and conditions have been satisfied. The applicant will provide the written agreement to Town Counsel to confirm that all required provisions are set forth therein prior to the issuance of any building permit for this planned development district.

(4)

There are approximately 75 properties within the Maltaville area to be serviced. Of these properties, it is anticipated that the applicant's payment will allow for initial extension of water service to approximately 10 properties. The water main ultimately extended into Maltaville will be eight inches in diameter and be sufficient to provide adequate supply for residential use and fire protection for this area supporting 75 properties.

(5)

In the event the secondary water purveyor does not wish to construct a water storage tank, it must obtain a waiver to permit water service extension to Maltaville without construction of any water storage tank and demonstrate that the Saratoga County Water Authority agrees to reserve capacity in its system in an amount adequate to provide for the Maltaville properties serviced by the system. The Town Engineer will confirm compliance with this provision and absent compliance, no building permit shall be issued allowing construction within this planned development district.

(6)

Approximately 1,000 feet of water main must be installed within Maltaville, and service must be available to all homes adjacent to this main, prior to the issuance of any building permit within this planned development district.

Buildings. All buildings shall be constructed in accordance with New York State Building and Fire Codes.

Zoning. All provisions of the Town Zoning Law not expressly superseded or modified by an inconsistent provision included in this section shall be in full force and effect and shall be enforceable by the Town.

Editor's Note: See Ch. 167, Zoning.