The action of the Town of Riverhead in the adoption of the PD
District is authorized under Statute of Local Governments § 10(6)
and Municipal Home Rule Law §§ 10(1)(ii)(a)(14), 10(1)(ii)(d)(3),
and 10(2), and is intended to and shall supersede Town Law § 261-b
(relating to incentive zoning), Town Law § 261-c (relating
to planned unit development zoning districts), Town Law § 262
(relating to zoning districts), Town Law §§ 263 and
272-a (relating to comprehensive plans and zoning purposes), Town
Law § 269 (relating to zoning law conflicts), Town Law §§ 270
and 273 (relating to official maps and changes thereto), Town Law
§ 274-a (relating to site plan review and approval), Town
Law § 274-b (relating to special use permits), Town Law
§§ 276, 277, 278, and 279 (relating to subdivisions),
and Town Law § 280-a (relating to permits for buildings
not on improved mapped streets) to the extent that this article is
inconsistent with such statutory provisions.
The provisions of the PD District shall encompass the following parcels on the Suffolk County Tax Map, as well as all roadways, shown on the subdivision map referred to in §
301-336B above, that lie between or adjacent to such parcels: SCTM Nos. District 600, Section 135, Block 1, Lots 7.1, 7.2, 7.33, and 7.4, or as more particularly described in the Reuse and Revitalization Plan.
The Reuse and Revitalization Plan incorporated in this article
designates the lots comprising the PD District, the various roadways
within and adjacent to those lots, stormwater facilities, and sewer
and water infrastructure, among other things. In reviewing proposed
development in the PD District, the Town Board shall determine if
such proposed development complies with the Reuse and Revitalization
Plan and with the descriptions, building forms, and development parameters,
as described in the Reuse and Revitalization Plan and set forth in
subsequent sections of this article.
Recognizing the importance of comprehensive redevelopment of
the lands in the EPCAL Property in accordance with the aforesaid Reuse
and Revitalization Plan, which may be updated from time to time, the
provisions of this article and "An Act in relation to a plan for the
development of the Enterprise Park at Calverton," signed into law
October 23, 2013:
A. The development of any lands within the PD District shall require the submission of a site plan application that conforms to the requirements of the Reuse and Revitalization Plan and is subject to Town Board site plan approval pursuant to Town Code of the Town of Riverhead, Chapter
301, §
301-303A. Notwithstanding anything to the contrary set forth in Chapter
301 and pursuant to Municipal Home Rule Law and consistent with General Municipal Law Articles 15 and 15A and "An Act in relation to a plan for the development of the Enterprise Park at Calverton," signed into law October 23, 2013, as permitted principal uses require site plan approval and residential use must be supportive of a permitted principal use, the Town Board shall be vested with review and approval jurisdiction for all principal and supportive uses, including residential.
B. As part of site plan review and approval process by the Town Board,
the Town shall refer the application to all relevant state and local
agencies within 10 days of a complete application as required pursuant
to § 5(2) of "An Act in relation to a plan for the development
of the Enterprise Park at Calverton," signed into law October 23,
2013. In addition, at any time after submission of an application,
the Town Board may refer the application to the Planning Department
or Planning Board for report and recommendation.
C. Prior to the submission of a site plan application, the applicant shall meet with the Town Board or Planning Department to determine Zoning Code compliance, general engineering suitability and aesthetic compatibility. The plan shall be prepared by a New York State licensed landscape architect, land surveyor, architect or engineer and shall include such drawings as shall clearly present those structural, topographical and design features that the Town would require to evaluate the proposed construction, addition, reconstruction or alteration. The goal of the pre-submission conference shall be a site plan acceptable and complete for formal application pursuant to §
301-306 and review pursuant to §
301-305C. Note: Section
301-305B shall not be applicable and as such, no preliminary site plan application and/or approval shall be required.
D. Any resolution of approval or conditional approval issued by the
Town Board shall be subject to § 5(2) and (3) of "An Act
in relation to a plan for the development of the Enterprise Park at
Calverton." To the extent required, the applicant shall obtain all
approvals, licenses, and/or permits required from other governmental
agencies having jurisdiction over the proposed development.
E. Notwithstanding anything to the contrary above, the Town Board may
adopt by resolution such other guidelines or procedures deemed necessary
and appropriate to effectively and efficiently initiate, review and
complete site plan process.
The following terms, phrases, words and their derivatives shall
have the meanings given herein:
USE, PRINCIPAL
The main or primary purpose for which a structure or lot
is designed, arranged or intended, or for which it may be used, occupied
or maintained under this article.
USE, SUPPORTIVE
A use which exists within the EPCAL Property and which supports
the employees and/or tenants of the principal use(s).
Although this article has been established to emphasize building
form more than use, the following use regulations shall apply to uses
in the PD District:
A. Principal uses. All uses that promote economic development shall be permitted in the PD District, including, but not limited to, industrial; institutional; educational; governmental; recreational; conservation; manufacturing; renewable and alternative energy resources (including generation and distribution of such energy resources, storage and demand response resources); commercial, except for those commercial uses described as retail, personal service and restaurant and deemed supportive pursuant to §
301-341B(2) below, and the development of public facilities, utilities, and infrastructure necessary to support those uses. Notwithstanding the above, the following industrial, manufacturing and commercial uses shall be prohibited: garbage disposal dumps, landfills, incinerators or transfer stations; gas stations and gas manufacture from coal, coke, or petroleum; petroleum and/or kerosene distillations or refining and storage facilities, sand, gravel, mineral quarrying and mining; motor vehicle, boat, and equipment dismantling, wrecking, and compacting; outdoor sale or storage of motor vehicles, boats, and equipment except by special permit of the Town Board and subject to the following minimum standards: outdoor storage must be incidental and supportive to the principal use and building(s); outdoor storage may not exceed 1/3 the size of the principal building(s); outdoor storage must be located on the same lot as the building(s) for principal use; outdoor storage areas shall be visually screened and landscaped from public view, roadways, and adjacent properties; manufacture, warehousing, wholesaling, sale and storage of hazardous, dangerous, explosive material, including ammunition, acids, and any use which generates offensive noise, vibration, dust, smoke, gas or other nuisances shall be prohibited. In addition to the prohibited uses and restrictions set forth above, the following use of property within the PD Zoning District, inclusive of existing runways, are prohibited: commercial passenger airport, cargo and freight airport; flight instruction or flight training; aeronautical services, except for fueling, hangaring, tie-down, parking, and maintenance ancillary to a permitted principal use and shall not be open to the general public; aircraft rental nor shall any portion of the property be registered or licensed with any federal, state, local government entity or agency thereof or listed on aviation charts or maps for the prohibited uses identified herein above. All sale, lease or use of the property or a portion thereof located within the PD Zoning District shall require the owner, lessee or applicant, as the case may be, to file covenants restricting use of property within the PD Zoning District consistent with the prohibitions set forth above and include limitation to make application to or accept funding from any federal, state local government entity related to any prohibited use set forth above.
[Amended 12-19-2023 by L.L. No. 27-2023]
B. Supportive uses. In order to promote the EPCAL Property as a planned
development community, the following uses shall be permitted as supportive
uses, on a limited basis, targeted to the employees and tenants of
the permitted principal uses within the EPCAL Property and not designated
for primary use by the general public:
(1)
Residential. The PD District shall allow a limited number of
attached residential housing units, located on the same lot and in
support of a principal permitted use, within that portion of the EPCAL
Property described as Zone One, Zone Three and Zone Four of the Map
titled "Preferred Alternative," adopted by the Town Board, as governing
body of the Community Development Agency, by Resolution No. 5 adopted
on May 7, 2013. The attached residential housing units shall only
be permitted on a lot greater than 10 acres or a combination of lots
located adjacent to each other such that the total combined acreage
of said lots is greater than 10 acres. The total number of residential
units within the EPCAL Property shall be limited to 300; however,
an applicant may make application for a special permit for a principal
use with residential units that exceed the limit of 300 residential
units. The applicant for a special permit which includes supportive
residential units in excess of the limit of 300 housing units must
adhere to the requirement of a minimum lot size of 10 acres and demonstrate
that the residential units are an essential and integral component
of such principal use, i.e., scientific research or development facility
or the like.
(2)
Retail, personal service, or restaurant. The PD District shall
only permit retail, personal service, and restaurant uses specifically
designed to support permitted principal or other supportive uses within
the EPCAL Property. The floor area for any supportive use, other than
residential described above, shall be located within the floor area
of the principal use and shall not exceed 10,000 square feet of floor
area per supportive use and 20,000 square feet per principal use and/or
lot. The total or maximum floor area within the EPCAL Property shall
not exceed 500,000 square feet.
Bulk requirements for individual lots shall be determined as part of the site plan approval process, per Article
XXVI of the Zoning Ordinance, consistent with the Reuse and Revitalization Plan for EPCAL. The following requirements shall guide the Town Board through the approval process:
A. Individual lot sizes, minimum yards, and minimum setbacks are not
specified herein, except individual lot size shall not be less than
four acres. Nothing herein shall prevent an applicant from making
application for a merger of adjoining lots to meet the minimum lot
size requirement. Buildings may be arranged in conformity with the
impervious area coverage and maximum height standards set forth herein.
In reviewing any application for site plan approval, the Town Board
shall be guided by the Reuse and Revitalization Plan for EPCAL, standards
set forth elsewhere in this article for comparable uses, and by common
best planning practices, to the extent that the resulting development
shall be compatible with the surroundings, and to assure the quality
and consistency of the uses proposed to be developed on the site.
B. Maximum impervious area coverage shall be 90% of the site area. Coverage
requirements may, however, be modified by the Town Board as part of
the site plan approval process.
C. No more than 15% of any individual lot shall consist of fertilizer-dependent
vegetation.
D. Structures shall have a maximum height of 75 feet; however, structures
in excess of 75 feet may be approved by the Town Board, subject to
the submission of a visual assessment as part of the site plan application.
Such assessment shall visually depict the proposed building height,
its relationship to adjacent structures and uses, and any potential
shadowing effects and demonstrate the need to exceed the height restriction.
E. To the extent that FAA rules and regulations are applicable to a
site proposed for development, building heights shall conform to 14
CFR 77 and all such other Federal Aviation Administration (FAA) standards
and regulations.
F. All areas not used for buildings, circulation, parking, storage,
maintenance, or utilities shall be landscaped and maintained in good
condition.
G. Suitable access for emergency vehicles shall be provided for all
structures as determined during the site plan review process.
H. The right-of-way and pavement widths for internal roads shall be
consistent with the Reuse and Revitalization Plan for EPCAL and shall
be subject to all other applicable Town ordinances.
I. Parking and loading. Any application within the PD District shall be guided by the Town's standard requirements for parking and loading, as prescribed in §§
301-231 and
301-232, respectively. However, the site applicant can request that the Town Board reduce the required amount of parking and loading, provided that the site application is accompanied by a parking and loading demand study. Such study shall be submitted to the Town Board and shall include demand for parking for the proposed use, determination of the appropriate locations for parking on the project site, and number and location of handicapped parking spaces, as well as the number, size, and locations of loading areas, which the Town Board shall consider in its deliberations on the site plan. The use of shared parking, landbanked parking and structured parking shall be encouraged.
The quality of the built environment and its relationship to
the natural landscape is a key indicator of quality of life. The objective
of the design considerations for the PD District is to provide high
quality and complementary design of buildings, landscaping, parking,
and other site and building design characteristics. Special emphasis
is placed upon methods that reduce the large-scale visual impact of
buildings and encourage imaginative design for individual buildings.
Further emphasis is placed upon the design of the entrances to the
EPCAL Property along New York State Route 25 (Middle Country Road)
as the gateways to the Enterprise Park.
A. Process.
(1)
The design considerations herein have been prepared to assist
those proposing new development in the EPCAL Property in the preparation
of their designs and plans. The considerations also provide a basis
for the evaluation and review of these designs by the Town Board.
As a policy adopted by the Town, the design considerations shall apply
to all development within the EPCAL Property and shall be considered
as part of the Town's site plan approval process.
(2)
These design considerations set a benchmark to which all parties
involved in projects can refer and they supplement the limited, specific
parameters such as lot size and building height, as established in
this article. The Town Board reserves the right to modify, waive or
alter any of the design considerations presented herein based on the
scope, nature, and location of any specific project proposal.
(3)
Applicants are strongly encouraged to review these design considerations
during the initial (design) phase of a project. Applicants are also
encouraged to contact the Town Board at an early stage of project
design if any of the design considerations mentioned in this document
remain unclear, so as to avoid delays and confusion during the site
plan review process.
(4)
The Town Board may request that the Planning Board and/or Architectural
Review Board review the aesthetic details of an application and its
consistency with the following design considerations as part of the
Town Board's site plan review.
B. Building mass and articulation.
(1)
Solid and unarticulated buildings are discouraged. The mass
and scale of buildings should be reduced by staggered building walls
or other architectural treatments to provide architectural interest
and reduce the visual scale of a building. Buildings at the gateway
entrances to the EPCAL Property, where Road "A" and Road "D" meet
New York State Route 25 (Middle Country Road) and generally along
the New York State Route 25 (Middle Country Road) frontage should
be distinctive in design, through the use of high quality architectural
materials, enhanced landscaping and signage, and appropriate lighting.
(2)
In addition, all buildings should include the following elements:
(a)
The use of variations in height, rooflines and site grading
is encouraged to reduce the perceived height and mass of a building.
(b)
Building entries should be clearly defined and readily identifiable
through the use of canopies, marquees and architectural treatments.
(c)
Where possible, developments with smaller or multiple structures
instead of one large building are preferred to reduce building mass
and scale.
(d)
Clusters of mature landscaping and berms should be located and
designed in accordance with architectural and building design features.
The landscaping clusters should include a variety of trees and tall
shrubs and should be located to enhance entrances to buildings, screen
parking lots, and buffer views from abutting properties and natural
land features that are outside the PD District.
(e)
Small-scale landscape elements, such as planter walls and hedges,
should be clustered around building entrances.
(f)
Whenever possible, outdoor storage, trash, and recycling facilities
should be screened with fencing and landscaping and located in places
that are not visible from the street.
(g)
Fences, while allowed, are subject to site plan review. Chain-link
fencing screens (including those with slats) are strongly discouraged.
C. Materials.
(1)
It is encouraged that the front and side elevations of all buildings
and/or structures be constructed of durable and high quality materials
such as brick, granite, or other masonry matter, including 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.
(2)
Roof design should be as aesthetically pleasing as possible
and should screen mechanical equipment.
(3)
Glass windows or some similar architectural treatment should
occupy at least 15% of the front elevation of a building. In addition,
windows and glazing should be in proportion with architectural scale,
mass, and height of the building.
D. Color and texture.
(1)
Texture patterns are encouraged to create scale within the facades
of the building.
(2)
Variations in color should be kept to a minimum.
(3)
Colors should be subdued in tone.
(4)
Accent colors may be used to express corporate identity.
E. Signage and lighting.
(1)
All signs must comply with Chapter
301, Part
3, Supplementary Use Regulations, Article
XLVIII.
(2)
Signs should be designed and placed to accentuate a building's
architectural features and be compatible with surrounding buildings.
(3)
Marquee signs listing multiple tenants should be avoided. If
a sign directory is required, the sign should contain no promotional
advertising.
(4)
The number and size of signs should be minimized to avoid visual
clutter. Groups of related signs should express uniformity and create
a harmonious appearance.
(5)
Signage along New York State Route 25 (Middle Country Road)
shall be prohibited.
(6)
Freestanding signs should be traditional in character and set
upon a formal base, enhanced by landscaping.
(7)
Signage lighting should be low-level and minimize glare; backlit
and light-box signage are undesirable.
(8)
Ideally, external and streetlighting should be similar from
one development to the next in terms of fixture/light post style and
color of light.
F. Pedestrian circulation.
(1)
On-site concrete or brick sidewalks should be provided to create
a continuous pedestrian network throughout the area.
(2)
Vehicular and pedestrian circulation patterns should be separated.
A landscaped area should provide a separation between a pedestrian
and vehicular path.
(3)
Where pedestrians and vehicle paths cross, that area should
be designated by changing pavement materials, signals, signage, pavement
texture or painted stripes.
(4)
Secure and convenient pedestrian walkway access should be provided
from parking lots, sidewalks, and primary entrances to the building.
Sidewalks should be barrier-free, a minimum of four feet in width
and should be set back a minimum of five feet from all buildings.
(5)
Pedestrian sidewalks should be provided along the frontage along
New York State Route 25 (Middle Country Road) so as to provide connectivity
to the continuous perimeter Walkway/Bike Trail within the EPCAL Property
and areas outside of the EPCAL Property.
If any clause, sentence, paragraph, section, or part of this
article shall be adjudged or determined by any court of competent
jurisdiction to be invalid, such judgment or determination shall not
affect, impair, or invalidate the remainder of this article, but shall
be confined in its operation to the clause, sentence, paragraph, section,
or part of this article directly involved in said court judgment or
determination.