[Adopted 8-6-2002 by L.L. No. 2-2002 (Ch. 250, Part 6, of the 2003 Code)]
Emerald Corporate Center Planned Business Park
District is hereby established in accordance with the provisions of
the Municipal Code of the Town of Thompson.
The boundary and description of Emerald Corporate
Center Planned Business Park District is fully described as follows:
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Lot No. 1 - 1.60 Acre Parcel
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Emerald Corporate Center Planned Business Park
District
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ALL that tract or parcel of land situate in
the Town of Thompson, County of Sullivan, State of New York being
in great Lot No. 12 of the Hardenburgh patent and being Parcel No.
1 as shown on a subdivision plat entitled "Emerald Corporate Center
Subdivision," said plat having been approved by the Town of Thompson
Planning Board on March 13, 2001 and filed in the Sullivan County
Clerk's Office on April 20, 2001 as Map No. 8-423A (additional data
being shown on Map No. 8-423B), said Parcel No. 1 being more particularly
bounded and described as follows:
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BEGINNING at an iron pin found at the most northerly
corner of lands of Calcam Associates, Inc. as described in Liber 1373
of Deeds at Page 33, said point of beginning being on the southeast
bounds of lands of the County of Sullivan Industrial Development Agency
(See Land Record Liber 2244 at Page 617), formerly lands of Dinani,
and running thence from said place of beginning North 38º-17'-18"
East 423.84 feet passing along the southeast bounds of said County
of Sullivan IDA parcel to a point; thence South 34º-00'-00" East
283.42 feet to a point on the northerly bounds of a multi-width right-of-way
shown on said filed plats, said right-of-way leading southwesterly
to Rock Hill Drive-Town Road No. 51; thence on a curve to the left
having a radius of 325.00 feet for an arc length of 288.66 feet, the
chord of said arc being defined by the course South 63º-44'-03"
West 279.27 feet, said arc passing along the bounds of said right-of-way
to a point; thence continuing along said bounds South 38º-17'-18"
West 63.10 feet to a point; thence North 60º-10'-49" West 151.65
feet passing to and along the northerly bounds of said Calcam Associates,
Inc. parcel to the point or place of beginning containing 1.60 acres
of land.
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ALSO granting the right to use in common with
others so entitled said multi-width right-of-way passing along the
southeasterly bounds of the above described parcel and extending southwesterly
along the southeasterly bounds of said Calcam Associates, Inc. parcel
to Rock Hill Drive, said right-of-way being for the purposes of ingress
and egress and for extending utility lines, said right-of-way to run
with the land.
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SUBJECT to easements of record to public utilities
including the easement granted to Verizon New York, Inc. in Land Record
Liber 2406 at Page 305.
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Bearings given are tied to the New York State
Plane Coordinate System, East Zone.
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Lot No. 2 - 55.56 Acre Parcel
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Emerald Corporate Center Planned Business Park
District
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ALL that tract or parcel of land situate in
the Town of Thompson, County of Sullivan, State of New York being
in Great Lot No. 12 of the Hardenburgh Patent and being Parcel No.
2 as shown on a subdivision plat entitled "Emerald Corporate Center
Subdivision," said plat having been approved by the Town of Thompson
Planning Board on March 13, 2001 and filed in the Sullivan County
Clerk's Office on April 20, 2001 as Map No. 8-423A (additional data
being shown on Map No. 8-423B), said Parcel No. 2 being more particularly
bounded and described as follows:
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BEGINNING at a point in the center of traveled
way of Rock Hill Drive-Town Road No. 51 at the southwest corner of
lands of Sherwood (See Land Record Liber 1718 at Page 442), said point
of beginning being on the southerly projection of a stone row evidencing
the west bounds of said Sherwood parcel and running thence from said
place of beginning the following courses and distances along the center
of traveled way of said road:
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South 74º-09'-03" West 136.64 feet;
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South 73º-41'-23" West 241.87 feet;
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South 76º-14'-10" West 89.63 feet;
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South 76º-58'-55" West 101.33 feet;
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South 75º-20'-56" West 69.74 feet to a
point in the center of traveled way of said road; thence leaving said
road and running North 14º-39'-04" West 20.24 feet to a concrete
monument found on the north taking line of New York State Highway
No. 5457; thence the following courses and distances along the northerly
bounds of said highway (See Parcel No. 163 as shown on Map No. 74R-1):
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North 84º-17'-00" West 22.82 feet to a
concrete monument found;
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South 79º-15'-36" West 92.97 feet to a
concrete monument found; and
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South 72º-36'-12" West 99.70 feet to a
concrete monument found; thence continuing along said northerly highway
bounds the following courses and distances (See Parcel No. 159 as
shown on Map No. 76):
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South 88º-38'-54" West 167.86 feet to a
concrete monument found; and
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South 71º-18'-14" West 12.96 feet to a
concrete monument found; thence still along said northerly highway
bounds the following courses and distances (See Parcel No. 157 as
shown on Map No. 74R-1):
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North 75º-16'-40" West 237.66 feet to a
concrete monument found; and
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North 63º-58'-29" West 266.93 feet to an
iron pin set at the southeast corner of lands of Calcam Associates,
Inc. (See Liber 1373 of Deeds at Page 33); thence leaving said highway
bounds and running North 38º-17'-18" East 179.69 feet passing
along the east line of said Calcam Associates, Inc. parcel to an iron
pin found, said course passing along the west bounds of a multi-width
right-of-way as shown on said filed plats; thence South 60º-10'-49"
East 13.65 feet passing along the bounds of said right-of-way and
passing along the south line of Parcel No. 1 as shown on said plat
to a point; thence North 38º-17'-18" East 63.10 feet passing
along the west bounds of said right-of-way, it being the east line
of said Parcel No. 1, to a point; thence continuing along said common
boundary on a curve to the right having a radius of 325.00 feet for
an arc length of 288.66 feet to a point, the chord of said arc being
defined by the course North 63º-44'-03" East 279.27 feet; thence
leaving said right-of-way and running North 34º-00'-00" West
283.42 feet passing along the north line of said Parcel No. 1 as shown
on said subdivision plat to an iron pin found on the east line of
lands of the County of Sullivan Industrial Development Agency (See
Land Record Liber 2244 at Page 617); thence North 38º-17'-18"
East 1524.11 feet passing along said east line to an iron pin set
in a pile of stones found; thence South 84º-58'-25" East 855.36
feet passing along the south line of lands of Meditz and Vogrin (See
Liber 669 of Deeds at Page 163), said course crossing Adams Road-Town
Road No. 2 and passing along a south line of lands of HNF Properties,
LLC to a point within Fowlwood Brook; thence South 6º-30'-50"
West 923.70 feet re-crossing said road and passing along the west
line of lands of Wanaksink Lake Club, Inc. (See Liber 714 of Deeds
at Page 567) to a fence post at a corner of wire fences; thence South
4º-04'-35" West 383.63 feet passing along the west line of lands
of Rutter (See Land Record Liber 1940 at Page 190) to an iron pin
found at the northeasterly corner of said Sherwood parcel; thence
South 73º-24'-11" West 142.00 feet passing along the northerly
bounds of said Sherwood parcel as evidenced by a stone row to a point;
thence still along said northerly bounds South 87º-13'-13" West
119.74 feet and North 80º-21'-58" West 82.00 feet to an iron
pin set at a corner of stone rows; thence South 18º-11'-29" West
323.91 feet passing along the west bounds of said Sherwood parcel
as evidenced part of the way by a stone row to the point or place
of beginning containing 55.56 acres of land.
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SUBJECT to easements of record to public utilities
and highway use-dedication of record. The above-described parcel being
subject to the burdens of and together with the benefits of said multi-width
right-of-way as shown on said filed plats.
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Bearings given are tied to the New York State
Plane Coordinate System, East Zone.
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The purpose of this Part 6 is to establish,
in accordance with the Comprehensive Plan of the Town of Thompson,
a well-integrated and coordinated planned business park district which
is sufficiently flexible to permit an orderly development responsive
to the needs of the community and regulated to protect and safeguard
the health, safety, and welfare of the inhabitants thereof and adjacent
thereto with a view to conserving the value of buildings and encouraging
the most appropriate use of land in the district.
[Amended 12-16-2008 by L.L. No. 12-2008; 5-15-2012 by L.L. No.
8-2012; 6-2-2015 by L.L. No. 2-2015]
A.
The following uses shall be permitted in the Emerald Corporate Center
Planned Business Park District:
(1)
Commercial office uses, such as telemarketing centers, corporate
offices, regional offices, general offices, professional offices such
as accountants, attorneys, engineers, architects and planners, and
such other like compatible uses;
(2)
Business support services, such as printing, binding, mailbox
rental, and shipping;
(3)
Research and development office and/or laboratory;
(4)
Medical facility, including doctors' offices, therapist offices,
walk-in clinic, ambulatory surgery, medical laboratory and diagnostic
services;
(5)
Home health care equipment rental;
(6)
Radio, television or film studio, or other media production;
(8)
Art studio and/or gallery;
B.
Front lots. The following uses are permitted in the Emerald Corporate
Center Planned Business Park District, provided such uses are located
on lots located within 500 feet of the entrance to the business park
at the intersection of Emerald Place and Rock Hill Drive, and are
sited and designed so as to provide a continuation of the Rock Hill
downtown business area as well as serving the tenants and employees
of other enterprises in the Business Park:
(1)
Bank, trust company, or other financial institution;
(2)
Eating and/or drinking establishment, whether or not liquor
is sold or consumed, including restaurant, bar, lunchroom, cafeteria
and food commissary;
(3)
Personal services, including but not limited to beauty shop,
day spa, barber shop, laundry or dry cleaning pick-up establishment,
self-service laundry, shoe repair or tailoring shop, or photography
studio.
[Amended 6-2-2015 by L.L.
No. 2-2015]
In addition to the performance standards generally prescribed for PBP Districts in § 250-27.1D, the following additional performance standards shall apply to the Emerald Corporate Center Planned Business Park District:
A.
On-site signage. The following standards shall apply to on-site signs:
(1)
Each lot is permitted to have one pedestal sign located on the
front lawn of the building near its entrance, landscaped with the
name and/or logo of the business(es) present. Such pedestal sign shall
not be larger than 30 square feet measured five feet by six feet.
(2)
Each principal building on a lot is permitted to have a building
sign located on the exterior of the building that is either illuminated
or of an architectural sign material with the name and/or logo of
the business(es) present. The maximum size of any such building sign
shall be one square foot for each foot of horizontal length of the
side of the building upon which the building sign will be placed.
No box-type signs shall be permitted.
(3)
The primary business on each lot shall be permitted to add their
name and/or logo to the Emerald Corporate Center signage at the entrance
to the business park.
B.
Loading berths. Loading berths may not be located within the front-yard
setback.
C.
Refuse collection areas. Refuse collection areas shall be enclosed
and screened on four sides by constructed walls of durable material
not less than six feet in height and one of which walls shall be gated.
All such areas shall have concrete floors and shall be sufficient
in size to contain all refuse generated on each lot, but in no event
smaller than six feet by eight feet. No refuse collection areas shall
be permitted between a street and the front of a building.
D.
Performance standards for industrial uses. All uses in the Emerald Corporate Center Business Park shall comply with § 250-23 of this Code, which establishes performance standards for noise, atmospheric effluence, glare and heat, industrial wastes, fire and explosion hazards, radioactivity or electromagnetic disturbances, and landscaping.
E.
Design guidelines and standards.
(1)
Access to and from all lots shall be from the corporate park
entrance at the intersection of Emerald Place and Rock Hill Drive.
The emergency access to Adams Road shall not be used to mitigate ingress
and egress issues.
(2)
All new construction in the business park shall be designed
to be visually compatible with the existing office development. The
facades of industrial and flex-space buildings shall be designed to
have an office-like appearance.
(3)
Commercial uses, as permitted by § 250-149B, shall be designed to fit with the character of the Rock Hill downtown commercial area, which is distinctly local and unique. Formula businesses may be required to depart from their corporate prototypes and to use architectural styles, materials, colors, and signage designed specifically and solely for the Emerald Corporate Park site.
(4)
In accordance with § 250-27.1, Subsection I(6), of this Code, prior to the issuance of a building permit for development in the Emerald Corporate Center Planned Business Park District by the Town of Thompson Building Department, a site plan shall be submitted to and approved by the Town Planning Board.
(5)
In accordance with § 250-27.1, Subsection I(5), of this Code, applicants for site plan review must demonstrate to the Emerald Corporate Center Economic Development Corporation Board of Directors that the proposed site plan conforms to all duly filed covenants and restrictions for the property. The Declaration of Covenants, Conditions, and Restrictions for the Emerald Corporate Center recorded on July 9, 2003, requires final plans and specifications for property improvements to be reviewed and approved by the Emerald Corporate Center Architectural Review Committee.
All property within the Emerald Corporate Center
Planned Business Park District shall be in private ownership subject
to covenants and restrictions that run with the land providing for
the proper upkeep and maintenance of the site.
A.
Interior roads shall be designed and constructed in
accordance with the requirements of the Town of Thompson's road specifications
under the observation of the Town Engineer. Fees and charges incurred
by the Town for consultation, field review and approvals, and road
dedication shall be paid by the developer. Road and drainage systems
are subject to the inspection and inspection approval of the Town
Highway Superintendent.
B.
All utility services shall be installed under the
observation of the Town Engineer and shall be underground and below
frost level, including water and sewer distribution lines, electric
service and television cable service.
C.
Drainage of surface water shall be designed and constructed
in a manner so as to cause a minimum impact upon abutting and nearby
premises.
D.
Necessary regulatory agency approvals must be obtained
prior to construction.
E.
The entire development must be connected to the Town
of Thompson Lake Louise Marie Sewer District Treatment Plant pursuant
to Department of Environmental Conservation (DEC) regulations in accordance
with the plans accepted by the Town Engineer and under the Town Engineer's
observation with respect to design and installation.
F.
Water will be supplied to the site via the Emerald
Springs Water Company, Inc., which will be established and operated
in accordance with DEC regulations and plans accepted by the Town
Engineer and under the Town Engineer's observation with respect to
design and installation.
[Amended 6-2-2015 by L.L.
No. 2-2015]
A declaration of covenants, conditions and restrictions
for the Emerald Corporate Center is on file with the office of the
Sullivan County Clerk.
Unless otherwise specifically provided, and
to the extent that they are not inconsistent with this Part 6, all
provisions of the Municipal Code of the Town of Thompson shall apply
to this Planned Business Park District.
The Town Clerk is hereby authorized and directed
to change the Official Zoning Map of the Town of Thompson by designating
thereon the Planned Business Park District hereby established.
Notice of any proposal to amend this Part 6
shall be provided to the Architectural Review Committee provided in
the declaration of covenants and restrictions of the Emerald Corporate
Center at least 30 days prior to any final action taken thereon by
the Town Board.
