Editor's Note: Original Art. XL, Industrial C District (Tourist Destination), of the 1976 Code, added 5-5-1998, was repealed 7-20-1999 by Res. No. 674-1999.
A portion of the former Naval Weapons Industrial Reserve Plant at
Calverton, located in west central Riverhead, comprised primarily
of runways, open land and naturally vegetated areas, is zoned Planned
Recreational Park District. It is intended that the land comprising
this zoning use district is to be transformed into a major regional
family oriented recreational amusement park and sports venue, drawing
upon the leisure and tourism market of the east end of Long Island.
The purposes of such a designation are to attract private investment,
increase the Town's tax base, create jobs and enhance the quality
of life in the community and region. The district has good local and
regional access and provides an opportunity to develop a comprehensive,
attractive and uncongested environment. The district allows for the
creation of a number of distinct regional, publicly accessible, destination,
leisure and recreational complexes, through interrelated and mutually
supporting facilities and drawing upon separate and distinct regional
markets. The flexible regulatory framework provided for in the PRP
District allows for innovation and maximum flexibility both in the
use and design of these facilities in a single location. It also allows
for a variety of activities to take place simultaneously, without
generating multiple or separate vehicular trips, which, together with
encouragement of access through regional public transportation networks
and a pedestrian and bicycle orientation, reduces vehicular trips
and energy requirements. A single set of development and design requirements
is imposed for the district as a whole.
In addition to the standards and regulations required for site plan approval pursuant to Article LVI, Site Plan Review, of this chapter, the following shall be required to be submitted for final approval: a detailed design vocabulary for all subsequent development within the PRP District, including exterior building materials and glass; plant material and landscaping palette; architectural guidelines for style, size and height of buildings; and conservation and resource management measures.
Sports arenas, or indoor or outdoor courts or playing fields,
or facilities for boxing, basketball, baseball, cycling, football,
hockey, ice skating, skiing, soccer, tennis, bowling, archery, horseback
riding or other sports.
Public or private golf driving ranges, practice facilities or
public or private eighteen-hole golf courses, including executive,
regulation or par three.
Maximum vegetation clearing, as set forth in Article XLI, Pine Barrens Overlay District, of this chapter. 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.
Six stories or 75 feet, whichever is greater, for exposition
and exhibition facilities, water parks, theme park buildings, hotels,
time shares and fractional ownership.
One hundred twenty feet for all other structures, including
theme rides, outdoor stadiums, indoor sports arenas, provided that
a setback of at least three feet for every one foot in vertical height
above 40 feet is provided from the perimeter boundary of the district.
Building and site design and layout. The location and layout of buildings,
structures, parking areas, open spaces and other built elements shall
be designed so as to provide an aesthetically vibrant, attractive
and recreationally oriented environment. An emphasis on creative and
innovative designs, colors, textures, materials, building shapes,
massing and arrangements is encouraged. A focus on a particular design
theme or overall organizing architectural concept is encouraged. While
uniformity and bland design are specifically discouraged, measures
to ensure harmony and continuity in architectural and landscape design
between uses is emphasized. In addition, a great diversity in uses
is encouraged in order to provide as wide an array of attractions
and facilities as possible. Flexibility in location, size and type
of buildings and structures has been provided with the specific purposes
of encouraging creativity and the accomplishment of innovative and
unique designs. Replication of designs from regional or national amusement
parks, attractions or commercial recreation chains or franchises that
already exist elsewhere in the state, region or country is specifically
discouraged.
Exterior lighting. The design and use of materials for exterior lighting along those portions of the primary roads which abut the PRP District and along all arterial roads within the PRP District shall be of uniform design. Uniformly designed exterior lighting shall be provided for all pedestrian pathways, bikeways and parking areas along such primary roadways and arterial roads linking the lots. Such lighting shall also be provided in accordance with Engineering Society illuminating standards and shall be installed by the developer at his or her expense. Pedestrian pathways throughout the PRP District, around buildings and across access or service roads or driveways shall be lighted to clearly identify their location. The design of lighting poles, fixtures and the spacing and height of lighting poles shall be uniform throughout the PRP District. Directional lighting shall be arranged so as to minimize glare and reflection on properties adjacent to the PRP District and across property line boundaries. All exterior lighting shall comply with Article XLIX, Exterior Lighting, of this chapter.
Pedestrian pathways and bikeways. There shall be sidewalks or pedestrian
pathways and bicycle paths provided throughout the PRP District, except
where the retention of the natural vegetation is encouraged or required.
The types of material used for pedestrian pathways and bikeways, including
pavement, curbs, planting and protective barriers, shall be uniform
throughout the PRP District. The width of such pedestrian pathways
need not be uniform but shall vary according to their use and the
amount of pedestrian traffic anticipated to utilize them. Pedestrian
pathways and bikeways shall, wherever possible, be separated from
vehicular circulation and streets within the PRP District. Stubbed
pathways at the boundaries of developed properties shall be encouraged
in order to permit linkage to subsequent developers. Subsequent developers
shall provide pedestrian pathway and bikeway links to those paths
already developed or approved, so as to provide a continuous and interconnecting
pedestrian pathway and bikeway system throughout the district. Pedestrian
paths shall not be less than five feet in width and, where used as
a jogging path or bikeway in addition to a pedestrian pathway, shall
not be less than eight feet in width.
Common open space. Open space areas within the PRP District, particularly
those areas where vegetation has not been cleared pursuant to meeting
the requirement of clearing a maximum of 65% of vegetation within
the Pine Barrens Compatible Growth Area, shall be so designed and
used as to protect the natural resources and qualities of the site,
including the natural terrain, woodland, significant views and any
unique and unusual features. The following regulations shall apply
to these areas:
Manual clearing of obstruction or jams from streams or waterways
shall be required where necessary to ensure unimpeded flow, provided
that no channelization shall be permitted.
Hiking, jogging and bridle paths, utilizing natural ground surfacing
such as stone or wood chips, may be constructed and maintained unless
otherwise prohibited by Town or state law.
Open space which is in a natural state shall otherwise be maintained
undisturbed in its natural state. No garbage debris shall be permitted
to accumulate except vegetation clipping properly maintained as compost
heaps.
Passive recreational use of open space natural areas shall be
restricted to hiking, jogging, bicycling, fishing, bird-watching,
horseback riding and canoeing or kayaking.
Landscaping. Shade trees shall be provided along roads, walkways
and parking areas. Landscaped buffers or vegetative screening shall
be provided around all parking, utility, refuse disposal areas and
wherever else the Town Board deems necessary to screen visually objectionable
features. Landscaping shall be provided in all areas which contain
neither buildings, paved surfaces or undisturbed naturally vegetated
areas, including all public areas and around buildings. The landscaping
plan shall provide for a variety and mixture of plant materials taking
into consideration their susceptibility to disease, colors by season,
textures, shapes, blossoms and foliage.
For the purposes of the PRP District, Grumman Boulevard/Swan
Pond Road and State Route 25 (Middle Country Road) are designated
as the primary access roads to the PRP.
Arterial roads shall be provided within the PRP District to
provide access from properties within the PRP District to Grumman
Boulevard/Swan Pond Road and/or State Route 25 (Middle Country Road).
Such arterial roads shall be located in such a manner as to provide
safe, convenient and direct access from such primary roads to each/all
properties, without unduly interfering with traffic entering or exiting
or creating congestion at any of the access points along the primary
access roads. All arterial roads shall be built to public road specifications
and be open to the public at all times. Public access to nonarterial
roads may be controlled by the property owner. Collector and access
roads within each property may be either public or private streets.
All roads shall have sufficient right-of-way and road width to accommodate
traffic generated at the 30th highest peak hour of the year, taking
into account the accumulated peak traffic of simultaneously operating
planned recreational park facilities. The cost of providing and improving
all roadways shall be the responsibility of the developers. The utilization
of private vehicles as a primary means of transportation within the
PRP District and for traveling from one property or amenity within
the district to another is strongly discouraged. A parking plan which
utilizes some form of public shuttle or transit system is strongly
encouraged, as are walking or cycling pedestrian pathways and bikeways.
Materials, equipment and utilities. All materials and equipment,
and utilities such as refuse containers, electrical substations, and
outdoor mechanical areas, shall either be stored in a completely enclosed
building or screened by means of a fence, wall, planting, landscaped
berm or other suitable means.
Required parking and loading space shall be provided within
the same parcel of land as the building or facility serviced, unless
one or more collective shared off-street parking facilities are provided
which are reasonably proximate to the facilities they serve, or where
some form of frequently running, free shuttle service is provided.
The use of shared and collective parking areas is encouraged, particularly
where events and operations can be staged or scheduled in a manner
so that the peak parking demands for the facilities so served do not
coincide. The Town Board may also permit a portion of the proposed
parking and loading areas to remain unpaved but landscaped where it
believes, or where credible evidence is presented, that more parking
spaces than reasonably required for the proposed use or uses will
be provided. If conditions change and additional parking is warranted,
the Town Board or its designated agent identified at the time of approval
may require such an unpaved area to be paved. Such permission to defer
paving of parking and loading spaces shall be predicated upon the
applicant filing with the Town Board and Town Clerk and recording
at the Suffolk County Recording Office deed restrictions or covenants
and restrictions drafted in a manner satisfactory to the Town Attorney,
ensuring that the land will be used either as open space or parking.
All off-street parking and loading areas shall be bordered by
vegetative screening or landscaped areas containing trees, shrubs
and/or landscaped berms to shield automobiles from view. Wherever
feasible, the Planning Board shall require that at least 10% of the
total parking lot area be used for interior landscaping, to include
trees and shrubs. Interior landscaping shall be distributed throughout
all parking lots in planting islands to provide the maximum shade
and buffer from noise and glare. At least one deciduous tree for every
20 spaces shall be required within the parking lot.
To the maximum extent possible, loading areas shall not be located
within any front yard setback area and shall be placed at such locations
so as to minimize their visibility to the public and to be provided
access separate from parking areas and driveways used by the public.
Emergency equipment. All buildings, structures and open spaces accessible
to the public shall be accessible to emergency vehicles. Wherever
a building or structure exceeds a height of 40 feet, a roadway or
other suitable surface capable of supporting heavy emergency equipment
shall be located 20 feet from the base.
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.
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.
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.
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.
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.
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 constructed
merely 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 and the provisions of the Town Code of
the Town of Riverhead.
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.
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.
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.
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%.
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.
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.
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.
All development shall comply with the applicable provisions of the
New York State Environmental Conservation Law and all other applicable
federal, state or local laws regulating the environment.
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 PRP District.
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 PRP 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:
The completion of off-site road improvements to be required
by the New York Department of Transportation as a function of permit
review for curb cuts along New York State Route 25.
The geometric improvement of the intersection of Edwards Avenue
and Route 25, if warranted by motor vehicle traffic generated by development
in the PRP District.
Development within the PRP District shall adhere to setbacks as required; notwithstanding such adherence, noise emanating from the PRP 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.[2]