§ 167A-9. Exit 13 Southwest Planned Development District No. 7A (also known as "Ed Shepherd Planned Development District")., Chapter 167A. Zoning Appendix, Part II. General Legislation, Code of Ordinances, Malta

The Zoning Ordinance of the Town of Malta was adopted on January 3, 1967, and the Zoning Map of the Town of Malta as annexed thereto in 1967 zoned the approximately 16.99 acres located at the southwest corner of Exit 13 of the Northway, Interstate 87, in the Town of Malta as R-2 (Residential) and C-1 (Commercial). On December 27, 1972, the Town Board of the Town of Malta by ordinance established a Planned Development District No. 7, such then being the property of Edward Shepherd and at such time authorized as additional permitted use within such Planned Development District No. 7 "an auto showroom, sales room, gas station, motel or hotel and a retail business establishment." By Town of Malta Ordinance No. 3 of 1978, effective May 20, 1978, the Town Board of the Town of Malta by amendment added to the permitted uses in such Planned Development District No. 7 "a light manufacturing facility for the reconditioning of automobiles." By Town of Malta Ordinance No. 1 of 1981, effective February 25, 1981, the Town Board of the Town of Malta by amendment provided that the uses permitted in such planned development district shall thereafter be "an auto showroom, salesroom, gas station, motel or hotel, retail business establishment, a light manufacturing facility for the reconditioning of automobiles, and a light industrial use involving the manufacture of surgical and medical instruments and apparatus with associated administrative offices, storage and warehousing." Pursuant to Ordinance No. 1 of 1981, the planned development district was thereafter to be identified as Planned Development District No. 7A and shall thereafter be known as "Northway Exit 13 Southwest Planned Development District No. 7A."

Boundaries; PDD amendments.

[Amended 4-18-1978 by Ord. No. 3A-1978; 9-7-1993 by Ord. No. 10-1993; 11-3-1997 by Ord. No. 14-1997]

(1)

The area of this Planned Development District 7, being the property of Edward Shepherd, is bounded and set forth as shown on Exhibit A, attached hereto and made a part hereof.

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

Editor's Note: Certain property of the PDD was deleted 10-17-2000.

(2)

(Reserved)

Editor's Note: Former Subsection B(2), regarding an amendment to the PDD pursuant to an application from the Disabled Citizens Development Corporation, was repealed 10-17-2000.

(3)

The Town of Malta, New York, Zoning Ordinance and Zoning Map of the Town of Malta as set forth therein be and the same hereby are amended by adding to the area of the planned development district the property set forth on the site plan, Proposed Building Addition, Matthews Buses, Inc., 2904 Route 9, dated the 4th day of August 1997, and annexed hereto as Appendix A.

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

Permitted uses; addition.

(1)

The uses which shall be permitted within boundaries of this planned development district shall be an auto showroom, salesroom, gas station, motel or hotel or retail business establishment and a light manufacturing facility for the reconditioning of automobiles, a light industrial use involving the manufacture of surgical and medical instruments and apparatus with associated administrative offices, storage and warehousing.

[Amended 4-18-1978 by Ord. No. 3A-1978; 2-25-1981 by Ord. No. 1-1981; 10-17-2000]

(2)

In accordance with plans prepared by J.M. Weller Associates, Inc., dated July 1, 1981, with amendments and notations thereon and as signed and sealed by James M. Weller, PE 044902, the Building Inspector of the Town of Malta is hereby authorized to issue a building permit for a fourteen-by-twenty-five-foot addition on the easterly side of the existing building now leased by Universal Medical Instrument Corp., it being known that such addition when completed will be within 66 feet of the existing boundary of the planned development district.

[Added 9-23-1981 by Ord. No. 6-1981]

The Planned Development District No. 7 which was created on December 27, 1972, shall be identified as Planned Development District No. 7A and shall be known as "Northway Exit 13 Southwest Planned Development District No. 7A."

[Added 2-25-1981 by Ord. No. 1-1981]

Savings clause. If any provision of this ordinance shall be held invalid the remainder of the ordinance shall not be affected thereby.

(Reserved)

Editor's Note: Former Subsection F, regarding the application by the Disabled Citizens Development Corporation to amend PDD 7A, added 8-7-1993 by Ord. No. 10-1993, was repealed 10-17-2000.

The Town Planning Board, having received the referral for the application to amend Planned Development District No. 7A, did review the same and cause a public hearing for such purpose, made due referral to Saratoga County Planning Board, read and filed the report from Saratoga County Planning Board and thereafter sent its approval with recommendations to the Town Board.

[Added 8-7-1993 by Ord. No. 10-1993]

(Reserved)

Editor's Note: Former Subsection H, regarding the conditions to amendments to PDD 7A, added 9-7-1993 by Ord. No. 10-1993, was repealed 10-17-2000.

Addition on existing building.

[Added 11-3-1997 by Ord. No. 14-1997]

(1)

An addition of the existing building contained in said planned development district, owned by Matthews Buses, Inc., with said addition to contain no more than 5,000 square feet in area, is hereby approved, as forth on the annexed Appendix A.

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

(2)

The location of said addition will be as set forth on the annexed Appendix A, and parking will be expanded as set forth on the annexed Appendix A. The building will have a maximum height of 30 feet.

(3)

A buffer will be provided along the common boundary between the planned development district and the lands of the Malta Ridge Cemetery, as established during the site plan review process, with said buffer to contain at a minimum seven- to eight-foot trees as set forth on the annexed Appendix A.

(4)

No buses will be allowed to be parked in the area set forth on the annexed Appendix A.

(5)

Prior to the issuance of building permits within this district, the owner shall submit a site plan for approval by the Town Planning Board of the Town of Malta in accordance with the appropriate section of the Town Zoning Ordinance, as modified and amended hereby. No building permits shall be issued without final approval of the site plan by the Town Planning Board, provided that the Town Planning Board may in its discretion authorize the issuance of building permits in stages to allow work to progress without the necessity of the completion of the entire site plan review process. Specific details concerning the work allowed pursuant to such permits, and bonds which may be required, shall be established by the Planning Board during the site plan review process.

(6)

All buildings will be constructed in accordance with the New York State Building and Fire Codes. All blueprints and building specifications will be approved and stamped by a duly licensed engineer or architect. All construction will be subject to inspection, approval and certificates of occupancy by the Town Building Inspector and the Town Engineers.

(7)

Prior to the issuance of building permits, the developer shall file performance bonds or letters of credit in amounts and for the time period required by and acceptance as to amount and form by the Town Engineers and the Town Attorney to guarantee such performance and/or completion of the requirements of the area under development as defined by the Town Engineers and Building Inspector, including but not limited to the following:

(a)

The satisfactory completion of any uncompleted work in the area of the project for which building permits are being sought.

(b)

The satisfactory completion and maintenance for one year after completion of landscaping in the planned development district.

(8)

All 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 approved by the Town Planning Board, and shall be approved by the Town Engineers.

(9)

The Malta Town Board as lead agency for this project pursuant to the State Environmental Quality Review Act has adopted a negative declaration, a copy of which is annexed hereto and made a part hereof and designated Appendix B. The developer agrees to comply with all mitigating measures which are a part thereof at no cost to the Town.

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

(10)

Any violation of the provisions of this ordinance shall be deemed a violation of the Town of Malta Zoning Ordinance, and the provision hereof shall be enforceable pursuant to the enforcement provisions of said Town of Malta Zoning Ordinance.

Extension of permitted use.

[Added 3-7-2011 by L.L. No. 2-2011]

(1)

An additional vehicle storage lot is hereby permitted to be built on lands described as Tax Map Number 204.-3-29.2.

(2)

Construction will be undertaken in accordance with a site plan approved by the Malta Planning Board.

(3)

Owners of the above described land will maintain and preserve the existing vegetative buffers to the greatest extent practicable.

(4)

Proposed lighting will be shielded from view to the greatest extent practicable to avoid interference with traffic on nearby roadways, including I-87. Proposed lighting will be triggered by a motion sensor and will not be continuously illuminated during any twenty-four-hour period.