[Added 9-7-1999]
The purpose of the Planned Industrial Park (PIP) District is
to encourage industrial and office development in a comprehensively
planned and designed environment which will attract private investment,
increase the tax base of the Town and provide new employment opportunities,
while preserving and maintaining the existing character of the environment.
A.
Procedure. The planned industrial park shall be designed in part or whole as a single campus-like planned development as defined herein, according to a comprehensive development plan (CDP). Such a CDP shall be submitted to the Town Board for approval. The procedure for review and approval shall be the same as that required for a special permit, except that the submission requirements shall be in accordance with the requirements specified in Subsection B below. Following approval of the CDP by the Town Board, subdivision and site plan approval, as appropriate and necessary, shall be obtained in accordance with the requirements of Article LVI, Site Plan Review, of this chapter and § 301-291, Industrial subdivision, for individual lots and developments within the PIP. Where the standards of this article conflict with others in this chapter, the standards in this article shall apply.
B.
Submission requirements. The CDP for a PIP shall indicate the following:
(1)
General location of all existing and proposed structures; general
type of proposed uses; existing topography and general grading and
drainage proposals; proposed and existing internal streets and points
of access; major parking and loading areas; major landscaped areas,
open space and proposed screening treatments; major proposed and existing
public utility lines and facilities; proposed location of major signs.
(2)
A chart of appropriate data demonstrating compliance with the
requirements of this article.
(3)
A written statement describing various aspects of the plan,
indicating any proposed phasing of development activities.
[Amended 12-29-2004 by L.L. No. 54-2004; 6-19-2007 by L.L. No.
19-2007]
In the Planned Industrial Park (PIP) District, no regularly
scheduled or unscheduled passenger service, air taxi, air charter
or fixed-based operator as currently defined by the FAA shall be permitted.
Notwithstanding the prohibition of a fixed-based operator, nothing
herein shall preclude management and maintenance operations necessary
to support any principal or accessory aviation uses permitted hereunder.
No building, structure or premises shall be used, arranged or designed
to be used, and no building or structure shall hereafter be erected,
constructed, reconstructed or altered, unless otherwise provided in
this chapter, except for the following permitted uses and their customary
accessory uses:
A.
Permitted uses:
(1)
Industrial uses, including component design, manufacturing, processing, fabrication, repair, testing and assembly, but prohibiting those uses specifically set forth at § 301-114A(6), provided that all uses permitted hereunder are conducted within enclosed buildings, and when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval.
(2)
Warehousing, indoor storage, distribution and wholesaling of
nonhazardous and nonflammable materials.
(3)
Research and testing laboratories.
(4)
General, executive, administrative, governmental, business and
professional offices.
(5)
Public utility and service facilities, excluding incinerators
which shall not be permitted.
(6)
Extraordinary aircraft and engine maintenance, such as aircraft,
airframe and aircraft system overhaul, conversion, modification, reconfiguration
and refurbishment, including annual inspections, but excluding minor
or routine maintenance such as oil changes, refueling, minor repairs
and inspections, provided that such uses are conducted within enclosed
buildings, and when not within enclosed buildings, are suitably screened
to an extent that provides adequate sound and visual buffers as may
be determined to be necessary by the Town Board as part of site plan
approval and, if appropriate and necessary, subject to the grant of
a runway use agreement and consistent with the rules and regulations
on the use of the runway as adopted and/or amended from time to time.
(7)
Aircraft component design, fabrication, manufacture, and assembly,
provided that such uses are conducted within enclosed buildings, and
when not within enclosed buildings, are suitably screened to an extent
that provides adequate sound and visual buffers as may be determined
to be necessary by the Town Board as part of site plan approval.
(8)
Audio, radio, television video and film studios and broadcast
stations.
(9)
Business, technical and vocational schools.
(10)
Outdoor and indoor sports and recreational uses and facilities.
[Amended 1-18-2023 by L.L. No. 1-2023]
(11)
Food and agricultural product processing, including canning,
preserving, drying and freezing.
(12)
Overnight and express mail package and postal sorting and distribution
by surface transport.
C.
Accessory uses. Accessory uses shall include those uses customarily
incidental and subordinate to and in furtherance of any of the aforementioned
principal uses when located within the PIP District. Accessory uses
shall include the following:
[Amended 10-18-2022 by L.L. No. 21-2022; 1-18-2023 by L.L. No. 1-2023]
(1)
Auditoriums, located within buildings housing permitted uses.
(2)
Day nursery or day-care centers.
(3)
Banks, automatic teller machines or financial institutions.
(4)
Restaurants, cafeterias or eating and drinking establishments
located within buildings housing permitted uses.
(5)
Retail sales within buildings housing permitted uses and shall
be limited to no more than 5% of the gross floor area of the permitted
use, not to exceed 1,500 square feet, whichever is less.
(6)
Personal service shops located within buildings housing permitted
uses.
(7)
Health clubs or indoor recreation establishments located within
buildings housing permitted uses.
(8)
Security, management and maintenance facilities.
(9)
Outdoor storage of equipment, materials or vehicles when suitably
screened to an extent that provides adequate sound and visual buffers
as may be determined to be necessary by the Town Board as part of
site plan approval.
(10)
Operation, fueling, storage and maintenance of aircraft which are owned, leased or operated by an owner, lessee or operator in furtherance of and customarily incidental and subordinate to a permitted use of property within the PIP District, and further provided that such aircraft are stored or maintained within enclosed buildings, and, when not within enclosed buildings, are suitably screened to an extent that provides adequate sound and visual buffers as may be determined to be necessary by the Town Board as part of site plan approval and, when necessary, subject to the grant of a runway use agreement and consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time. Except when accessory to a principal aviation use set forth hereinabove at Subsection A(6) and (7), this accessory use shall not in its operation constitute or function primarily as an aviation activity.
(11)
Testing of aircraft, provided said testing is done in furtherance of and customarily incidental and subordinate to a permitted use within enclosed buildings or on the ten-thousand-foot runway and, when necessary, subject to the grant of a runway use agreement and consistent with the rules and regulations on the use of the runway as adopted and/or amended from time to time. Except when accessory to a principal aviation use set forth hereinabove at Subsection A(6) and (7), this accessory use shall not in its operation constitute or function primarily as an aviation activity.
A.
For planned industrial parks:
(1)
Minimum park area: 100 acres in contiguous parcels.
(2)
Minimum park width: 1,000 feet.
(3)
Minimum frontage on an arterial road: 400 feet.
(4)
Maximum floor area ratio: 0.15 in total for all buildings within
the park.
(5)
Maximum clearance: 65% of the park area.
(6)
Minimum perimeter buffer. A minimum buffer shall be provided
at the perimeter of the park of 100 feet in width. Such buffer shall
maintain, to the maximum extent possible, existing vegetation and
natural features but shall be supplemented with native vegetative
species to provide adequate screening of the park from adjacent nonindustrial
uses and zones. No buffer need be provided adjacent to any open space
or conservation zone.
B.
For all permitted uses within industrial parks, except offices:
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 250 feet.
(3)
Minimum street frontage: 200 feet.
(4)
Minimum front yard depth: 75 feet.
(5)
Minimum side yard depth: 50 feet.
(6)
Minimum rear yard depth: 50 feet.
(8)
Maximum impervious surface coverage: 50% of the lot.
(9)
Maximum building height: 40 feet.
(10)
Parking. Not more than 25% of all required parking shall be
located in the front yard. No parking shall be located nearer than
25 feet to any property line or street right-of-way line. All service
and unloading areas shall be screened from view of streets by one
or more of a combination of walls, fencing, vegetation or berms.
C.
For office uses:
(1)
Minimum lot area: three acres.
(2)
Minimum lot width: 250 feet.
(3)
Minimum street frontage: 200 feet.
(4)
Minimum front yard and side yards and rear yard: 50 feet.
(6)
Maximum impervious surface coverage: 50% of the lot.
(7)
Maximum building height: 50 feet, except to 75 feet by special
permit of the Town Board.
(8)
Parking. Not more than 25% of all required parking shall be
located in the front yard. No parking shall be located nearer than
25 feet to any property line or street right-of-way line. All service
and unloading areas shall be screened from view of streets by one
or more of a combination of walls, fencing, vegetation or berms.
The following design standards shall apply to all uses within
the planned industrial park:
A.
Land subdivision. The subdivision of lots within a CDP shall conform to those land division requirements set forth in §§ 301-289 and 301-291 of this chapter. The general lot, yard and height requirements of this district shall supersede the yard requirements set forth in § 301-291B(3) and (6) of this chapter.
B.
Building design. The exterior appearances of buildings shall complement
the character of existing development in the surrounding area. The
objective of the building design standards is to provide overall high
quality and complementary design of industrial and office buildings.
Special emphasis is placed upon methods that tend to reduce the large-scale
visual impact of buildings and to encourage imaginative design for
individual buildings.
(1)
Building mass. Solid and unarticulated buildings are discouraged.
The mass and scale of buildings shall be reduced by staggered building
walls or other architectural treatments at least every 150 feet to
provide architectural interest and reduce the visual scale of a building.
Buildings shall include the following elements:
(a)
The use of variations in height, rooflines and grade definition
is encouraged to reduce the perceived height and mass of a building.
(b)
Building entries shall be readily identifiable through the use
of canopies, marquees and architectural treatment.
(c)
Where possible, buildings with smaller or multiple structures
instead of one large building are preferred to reduce massive appearance.
(d)
Clusters of mature landscaping and berms shall be provided along
the building facade. The landscaping clusters shall include a variety
of trees and tall shrubs.
(e)
Wall texture changes shall be provided.
(f)
Small-scale elements, such as planter walls and hedges, shall
be clustered around building entrances.
(2)
Materials.
(a)
One dominant material shall be selected and used through each
building on a site.
(b)
It is encouraged that the front and two side elevations of all
buildings and/or structures be constructed of brick, architectural
block or architectural precast concrete. Painted or natural utility
concrete panels or masonry units should be confined to rear elevations
and in loading dock areas.
(c)
Roof design shall be as aesthetically pleasing as possible (e.g.,
color, material, grouping).
(d)
Glass windows or some similar architectural treatment shall
occupy at least 10% of the front elevation of a building.
C.
Pedestrian circulation.
(1)
On-site concrete or brick sidewalks shall be provided in planned
industrial parks to create a continuous pedestrian network throughout
the area.
(2)
Vehicular and pedestrian circulation patterns shall be separated.
A landscaped area shall provide a separation between a pedestrian
and vehicular path.
(3)
Where pedestrians and vehicle paths cross, that area shall be
designated by changing pavement materials, signals, signage, pavement
texture or painted stripes.
(4)
Secure and convenient pedestrian walkway access shall be provided
from parking lots, sidewalks and primary entrances to the building.
Sidewalks shall be barrier-free, a minimum of four feet in width and
shall be set back a minimum of five feet from all buildings.
The standards in § 301-254K shall apply to all properties in the Planned Industrial Park District.
A.
Performance criteria.
(1)
All development subject to the provisions of Article 6 of the
Suffolk County Sanitary Code shall meet the applicable requirements
of the Suffolk County Department of Health Services.
(2)
As determined by the State of New York or the County of Suffolk,
any new public or private sewage treatment plant discharge shall be
outside of the Core Preservation Area and shall be located north of
the groundwater divide, as defined by the Suffolk County Department
of Health Services, as site conditions permit.
(3)
All development shall comply with the provisions of Articles
7 and 12 of the Suffolk Sanitary Code.
(4)
All development involving significant discharges to groundwater
and located proximate to public water supply wells shall require measures
to mitigate impacts upon water quality as required under Article 17
of the New York State Environmental Conservation Law. The Suffolk
County Department of Health Services' guidelines for private wells
should be used for private wellhead protection.
(5)
Development proposals for sites containing or abutting freshwater
wetlands shall be separated by a nondisturbance buffer area which
shall be in accordance with Article 24 of the New York State Environmental
Conservation Law, the Wild, Scenic and Recreational Rivers Act (the
Rivers Act)[1] and Chapter 295, Wetlands, of the Code of the Town of Riverhead, whichever is most restrictive. Distances shall be measured horizontally from the wetland edge as mapped by the New York State Department of Environmental Conservation, field delineation or local ordinance. Stricter buffer areas may be established for wetlands as appropriate. Buffer areas shall be delineated on development plans with conditions imposed to assure the preservation of the freshwater wetland resource. Said conditions shall be set forth in a declaration of covenants, conservation easement or similar instrument.
[1]
Editor's Note: See Environmental Conservation Law § 15-2701
et seq.
(6)
Development proposals for sites within the regulated area of
the New York Wild, Scenic and Recreational Rivers Act shall conform
to the standards of the Act. Variances from the Act shall meet all
requirements imposed by the State of New York in order to be deemed
to have met the requirements of this standard. Additional relief from
the Town of Riverhead Zoning Board of Appeals shall not be required.
(7)
All stormwater generated by development shall be recharged on
site unless surplus capacity exists in an off-site drainage system.
In the review of development plans, the Town Board shall encourage
the use of natural recharge areas or drainage system design which
result in minimal disturbance of native vegetation with the use of
natural swales and depressions as an alternative to excavated recharge
basins where feasible. Development plans should include the use of
ponds only if such ponds are designed to retain stormwater and are
not merely constructed for aesthetic purposes. Adequate measures should
be employed to control soil erosion and stormwater runoff during construction,
as per guidelines promulgated by the New York State Department of
Environmental Conservation.
(8)
Clearance.
(a)
No more than 65% of the PIP District shall be cleared pursuant to the Central Pine Barrens Comprehensive Land Use Plan and Article XLI, Pine Barrens Overlay District, of this chapter. The applicable clearance percentage shall be calculated over the entire parcel, including but not limited to public highways, roadways, building sites, parking areas, drainage structures and recharge areas. Development plans shall delineate the existing naturally vegetated areas, shall calculate those portions of the site that are already cleared due to previous activities, and shall contain calculations for the amount of disturbances of native vegetation and indicate the clearing limits thereof.[2]
(b)
To the extent that a portion of a site includes Core property,
and for the purpose of calculating the clearing limits, the site shall
be construed to be the combined Core and CGA portions. However, the
Core portion may not be cleared without a hardship exemption.
(9)
Land subdivision maps and site plans shall be designed to encourage
the preservation of large unbroken blocks that provide for contiguous
open spaces to be established when adjacent parcels are developed.
Applications for subdivision and site plan shall contain calculations
for clearing, and these limits shall become part of the filed map
or approved drawings. Nonnative vegetation species to be avoided are
contained in Figure 5-2 of the plan.
(10)
Development projects shall place no more than 15% of the entire
site in fertilizer-dependent vegetation. Development designs shall
consider native planting suggestions made part of the plan.
(11)
Development which will have a significant negative impact upon
a habitat essential to those species identified on the New York State
maintained lists as rare, threatened or of special concern, or upon
the communities classified by the New York State Natural Heritage
Program as G1, G2 or G3 or as S1, S2 or S3 or upon any federal listed
endangered or threatened species, appropriate mitigation measures,
as determined by the state, county or local government agency, shall
be imposed to protect such species.
(12)
Development projects shall minimize disturbance of the natural
grade and/or natural vegetation where slopes exceed 10%. Construction
in areas with slopes exceeding 10% may be approved if the site design
incorporates adequate soil stabilization and erosion control measures
so as to mitigate negative environmental impacts. Where applicable,
nondisturbance buffers shall be placed on those portions of the site
where slopes exceed 10%. Development plans shall include a slope analysis
depicting existing slopes in the ranges of 0% to 10%, 11% to 15% and
15% or greater. Erosion and sediment control plans and details of
retaining walls and erosion control structures shall be required for
construction in areas where slopes exceed 15% and for roads and driveways
traversing slopes of 10%.
(13)
Prior to construction, soil erosion and sediment control plans
shall be prepared and approved which achieve the following objectives:
(14)
In order to provide for orderly development and the efficient
provision of infrastructure, applications for development projects
depicting either open space or reserve areas shall specify the conditions
of ownership and the use of such lands, and such conditions shall
be set forth in the deed of dedication, declaration of covenants,
conservation easement or similar instrument.
(15)
Where applicable, the use of planned industrial park development pursuant to the provisions of Article LIII, Subdivision Regulations, of this chapter shall be encouraged to preserve open spaces.
(16)
Any existing, expanded or new activity involving agricultural
production or horticulture shall comply with best management practices
as set forth in the plan, as may be amended from time to time.
(17)
Development plans shall indicate established recreational and
educational trails and trail corridors, active recreational sites,
scenic corridors, roads, vistas and viewpoints, sites of historical
or cultural significance, including historic districts, sites on the
State or National Registers of Historic Places and historic structures
listed on the State or National Registers of Historic Places, or recognized
by local law or statute, sensitive archeological sites as identified
by the New York State Historic Preservation Officer or the New York
State Museum, within 500 feet of the proposed development, and shall
provide adequate measures to protect such natural resources. The use
of existing natural buffers or the restoration of degraded buffer
areas, the use of signs or other man-made structures, consistent in
style and scale with the community character, or other similar measures
shall be taken to protect roadside areas as well as scenic and recreational
resources.
(18)
All commercial or industrial development shall comply with the
applicable provisions of the Suffolk County Sanitary Code and all
other applicable federal, state or local laws.
(19)
A buffer of 1,000 feet and no more than 50% disturbance shall
be permitted around breeding ponds pursuant to New York State Department
of Environmental Conservation (NYSDEC) freshwater wetlands permit
requirements.[3]
(20)
The approval of the New York State Historic Preservation Office
for the establishment of a site-specific protocol for either the relocation
of development or the retrieval of artifacts in the event of excavation
shall be obtained in order to mitigate impacts upon archaeological
resources within the PIP District.
(21)
Any exterior changes to the following buildings in the PIP District
shall require the approval of the State Historic Preservation Office
as well as adhere to the Standards for Rehabilitation and Guidelines
for Rehabilitation of Historic Buildings:
(22)
The applicant shall submit a traffic study for the approval
of the comprehensive development plan, which study shall identify
and for which the applicant shall pay and implement measures to mitigate
the impact of traffic generated by the full buildout of all development
within the PIP District to the point where the effects of such buildout
are comparable to future conditions without such development. Such
mitigation measures shall include but not be limited to:
(a)
Signal, timing, geometric improvements and regulatory measures.
(b)
A restriction against additional vehicular access points along
Seven Ponds Road.
(c)
The completion of off-site road improvements to be required
by the New York State Department of Transportation as a function of
permit review for curb cuts along New York State Route 25.
(d)
The geometric improvement of the intersection of Edwards Avenue
and Route 25, if warranted by motor vehicle traffic generated by development
in the PIP District.
(23)
Development within the PIP District shall adhere to setbacks as required in § 301-186; notwithstanding such adherence, noise emanating from the PIP District shall comply with Chapter 251, Article I, Noise, of the Code of the Town of Riverhead, which limits such noise levels from commercial and industrial properties to neighboring properties to 65 dBA between the hours of 7:00 a.m. and 8:00 p.m., and 50 dBA between the hours of 8:00 p.m. and 7:00 a.m. [see § 251-5L(2)]. In the event that such noise levels are exceeded, such additional noise abatement measures, including increasing such setbacks or the provision of noise walls or the provision of berms, fences, vegetation and the like, shall be provided for. Such restrictions shall not apply to aircraft noise whose flights shall be restricted to daytime hours.[4]
B.
A land use within the Compatible Growth Area that lawfully exists
at the time of the effective date of this article or any amendment
thereto may be continued in its present form, except that the aforementioned
standards shall apply to any change, structural alteration, expansion,
restoration or modification to said land use constituting development
as defined herein.
