[Added 9-20-2011 by L.L. No. 5-2011]
It is the propose of this article to encourage the development
of well-designed business parks, including sites where existing highway
residential, business, retail, and industrial uses have fallen into
disuse or are in a run-down or blighted condition, as well as those
sites that have not been developed but have sufficient land area and
highway access that, with careful attention to design and avoidance
of adverse environmental effects, can be developed for business park
use. It has been determined that the physical integration of mixed-use
business and ancillary business support uses will provide a more coherent
land use pattern, thereby preserving property values and maintaining
the visual and aesthetic environment. Further, a properly planned
business park will provide area residents with employment opportunities
and will help strengthen the local tax base.
A.
The business park Overlay District designation may be permitted,
at the sole discretion of the Town Board, as a Zoning Map amendment,
subject to such additional terms and conditions as the Town Board
may require, at locations within the R-80 One-Family Residence Zoning
District that meet the use, dimensional, and area requirements and
the general requirements and the design criteria set forth herein.
Site plan approval and subdivision approval, if applicable, by the
Planning Board shall also be required.
B.
Permitted uses. Unless restricted by the Town Board in its resolution
of zoning amendment approval, the following uses are permitted:
(1)
Light industrial uses, as follows:
(a)
Beverage bottling, distribution and warehousing.
(b)
Contractors' offices and storage buildings including general
contractors, plumbers, electricians, heating, ventilating and air-conditioning
contractors, masons, painters, refrigeration contractors, roofing
contractors, and other such construction occupations.
(c)
Distribution centers.
(d)
Ice production, storage, sales and distribution.
(e)
Light manufacturing and assembly of precision instruments and
equipment, such as watches, electronics, photographic equipment, optical
goods and similar products.
(f)
Research and development including laboratories for research,
testing and experimental purposes.
(g)
Warehousing and storage.
(2)
Museums.
(3)
Offices for business and professional use.
(4)
Parking garages.
(5)
Temporary buildings and structures during construction only.
(6)
Accessory buildings and structures.
C.
Prohibited uses. Prohibited uses are any uses involving:
(1)
The bulk storage of chemicals, processes or materials that might
constitute a potential explosive or environmental hazard;
(2)
Slaughter plants, packing houses, animal by-products rendering,
and other such animal processing activities;
(3)
Automobile junkyards, salvage and reclamation yards, and related
facilities;
(4)
The processing or production of oil, natural gas, geothermal
resources or other hydrocarbons.
D.
Area and dimensional requirements.
(1)
The parent parcel proposed for development as a business park
Overlay District (BPOD) shall contain at least 25 contiguous acres
of land. In addition, said parent parcel shall have:
(a)
A minimum of 200 feet (continuous and unbroken) of road frontage
on either an existing state or county highway; or
(b)
Access rights via an easement agreement to an existing state
or county highway wherein the burdened property has a minimum of 200
feet (continuous and unbroken) of road frontage on the state or county
highway. The easement accessway shall be capable of being improved
to accommodate a driveway or private road designed and constructed
so as to provide safe all-weather access for emergency vehicles and
the anticipated volume and type of vehicle traffic into and out of
the business park.
(2)
The maximum total lot coverage may be up to 50% of the total
site, and the maximum building height shall be 50 feet.
(3)
For any building or structure yard, the individual yard setbacks
shall be as approved by the Planning Board, but the minimum setback
from the state or county highway right-of-way shall not be less than
75 feet, and no part of any building or parking area shall be closer
than 100 feet to any other property line adjoining the boundaries
of the parent parcel, except where the business park development abuts
a residential property in a residential district, in which case the
setback from the adjoining residential property line shall be no less
than 200 feet. The Planning Board shall also determine the minimum
size of each lot within the business park.
(4)
A business park may be subdivided into two or more parcels,
provided that a reciprocal easement agreement approved by the Planning
Board as part of the site plan and subdivision approval process is
executed and recorded with the Putnam County Clerk. Said reciprocal
easement agreement shall require that such subdivided parcels, for
so long as the business park use exists, shall function as one integrated
parcel for ingress and egress, parking, internal circulation, water
service, sanitary sewage disposal, and storm drainage. The overall
business park, however, disregarding the individual lot lines created
by any subdivision, shall comply with the dimensional and area requirements
of this chapter.
(5)
For the purpose of enhancing design flexibility, including the
enhancement of the visual appearance of a business park, and for the
purpose of reducing the amount of lot area devoted to surface parking,
the creation of structured parking in parking garages is encouraged.
E.
No business park shall be approved unless connected to water supply
facilities and sewage treatment and disposal facilities adequate to
service the business park.
F.
All utilities, including electric and communications lines, shall
be installed underground unless waived by the Planning Board.
G.
Sidewalks, where required by the Planning Board, shall be no less
than six feet wide and shall be designed to provide circulation between
principal structures and accessory uses and adjacent properties as
deemed appropriate by the Planning Board.
Except as set forth herein, all uses within the business park
shall comply with any other performance standard of this chapter.
The intention of this section is to create an architecturally
coherent development in which building design, detail, form, shape,
color and the like integrate with the other aspects of the development,
including landscaping, site topography, parking lot design, open space
and architectural character of the surrounding area. In addition,
business parks shall be subject to the following design requirements:
B.
Applicable provisions of § 77-60, Approval of site plane, of this chapter. Not less than 30% of the total gross lot area (i.e., the original parent parcel) shall be landscaped. Unless modified or waived by the Planning Board, a landscaped buffer area of not less than 25 feet in depth shall be provided along the perimeter of the parent parcel, and not less than 10% of the interior (i.e., nonperimeter) area of any parking lot shall be landscaped. Roads, pathways, and sidewalks providing access through a landscape buffer are permitted.
C.
Off-street parking and loading shall be in accordance with § 77-38, Off-street parking, of this chapter. In approving any parking and loading design, the Planning Board shall determine the location and number of spaces provided for parking and loading so as to establish safe and comfortable passageways for pedestrians. The parking design shall provide such parking spaces as the Planning Board shall determine to be necessary, considering the activities and uses involved and the differing parking demands of mixed-use business parks.
D.
Private roads and driveways within the business park shall be designed and constructed in accordance with Chapter 57, Roads and Driveway, of this Code.
E.
Wherever an adjacent commercial site has been developed or it is
reasonably expected that it will be developed, parking and circulation
shall, where practicable, be interconnected to limit access points
onto main roads.
The review and approval of an application for a business park
Overlay District designation shall be as follows:
A.
Town Board review. An application for a business park Overlay District designation shall be submitted to the Town Board on such forms as the Town Board may designate and shall include a completed Part 1 long form environmental assessment form (EAF). The application shall be accompanied by a fee in an amount set by resolution the Town Board, together with a review fee in accordance with Chapter 55 of the Town Code. Upon receipt of an application and EAF, including the application fee and review fee, the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered and shall refer the application to the Planning Board for review and recommendation pursuant to Article XVIII of Chapter 77 of the Town Code. The applicant or the applicant's representatives shall be present at meetings of the Town Board at which the application is to be considered.
[Amended 3-7-2017 by L.L.
No. 2-2017]
B.
Planning Board review. Within 90 days of receipt of the application
from the Town Board, the Planning Board shall make a recommendation
to the Town Board as to whether, in the opinion of the Planning Board,
the application supports a business park Overlay District designation.
The applicant or the applicant's representatives shall be present
at the meetings of the Planning Board at which the application is
to be considered. Failure of the Planning Board to provide a recommendation
within the specified time shall be deemed a recommendation to approve
the application.
C.
SEQRA review. No application for a business park Overlay District
designation shall be complete until a lead agency is established and
a negative declaration has been issued or a draft environmental impact
statement has been issued by the lead agency as satisfactory with
respect to scope, content and adequacy.
D.
Public hearing and notice. Any public hearing convened by the Town
Board for an application for business park Overlay District designation
shall be advertised at least once in a newspaper of general circulation
in the Town at least five days before such hearing is held or 14 days
before a hearing held jointly on a draft environmental impact statement
(DEIS). All notices shall include the name of the project and its
street location, and the date, time, place, and subject of the public
hearing. Such notice shall not be required for adjourned dates. In
addition, the applicant shall mail a copy of the public hearing notice,
United States first-class certified mail, return receipt requested,
to owners of neighboring properties within 300 feet of the project
site. In addition:
(1)
Agricultural data statement. If any portion of the project is
located on property within an agricultural district containing a farm
operation, or on property with boundaries within 500 feet of a farm
operation located in an agricultural district, the application must
include an agricultural data statement containing the name and address
of the applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a Tax Map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
(2)
County referral. Prior to action on an application, a copy of
said application shall be forwarded to the Putnam County Division
of Planning for review, pursuant to General Municipal Law § 239-m,
if the boundary of the property that is the subject of the application
is located within 500 feet of:
(a)
The boundary of any city, village, or town; or
(b)
The boundary of any existing or proposed county or state park
or other recreation area; or
(c)
The right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway; or
(d)
The existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines; or
(e)
The existing or proposed boundary of any county- or state-owned
land on which a public building or institution is situated; or
(f)
The boundary of a farm operation located in an agricultural
district, as defined by Article 25-AA of the Agriculture and Markets
Law.
(3)
Notice to park commission. At least five days before such hearing,
a copy of the public hearing notice shall be mailed to the regional
state park commission having jurisdiction over any state park or parkway
within 500 feet of the project site.
(4)
Referral to neighboring municipalities. Pursuant to General
Municipal Law § 239-nn, for a project site located within
500 feet of an adjacent municipality, notice of any public hearing
shall be given by mail or electronic transmission to the Clerk of
the adjacent municipality not less than 10 days prior to the date
of said hearing.
E.
Town Board action. Within 90 days of receipt of a complete application,
including the recommendation (if any) from the Planning Board, the
Town Board shall hold a public hearing on the application for a business
park Overlay District designation. Within 90 days of the close of
the public hearing, the Town Board shall act to approve, approve with
modifications, or disapprove the request for a business park Overlay
District designation. The time within which the Board must render
its decision may be extended for such additional time as the Board
may deem reasonable or necessary to render a decision. The failure
of the Board to take action within 90 days of the close of the public
hearing, or within such additional time period as may be agreed to
or established by the Board, shall not result in, and shall not be
construed to result in, a default approval of the application. The
Board may, if it feels necessary to fully protect the public health,
safety and welfare of the community, attach to the designation any
reasonable conditions or requirements for the applicant to meet. The
decision of the Board shall be filed in the office of the Town Clerk
within five business days of the date such decision is rendered, and
a copy thereof shall be mailed to the applicant.
F.
Site plan approval. Site plan review and approval by the Planning Board, as provided in Article XVII of this chapter, shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
G.
Subdivision approval. If the development proposal involves the subdivision
of land as defined in this chapter and Chapter A81, the subdivision
approval pursuant to Chapter A81 shall be required prior to commencement
of any site work or the issuance of a building permit. Changes to
a previously approved subdivision plat shall also require subdivision
reapproval.
H.
Conformity with district designation required. The Planning Board
shall not approve any site plan and/or subdivision that is not in
substantial conformance with the business park Overlay District designation
granted by the Town Board or with any conditions imposed upon such
designation.
If construction work on the proposed business park development
is not begun within two years of the date of the Town Board approval
of the business park Overlay District and completed within two years
of the date of Planning Board site plan and/or subdivision approval,
then such designation shall become null and void and all rights therein
shall cease, unless the Town Board, for good cause, authorizes an
extension.
