[Added 4-7-2015 by L.L.
No. 4-2015]
In 2009, the Town of Babylon and Copiague community completed
the Copiague Vision Plan (the "Vision Plan"), a comprehensive vision
for the downtown Copiague. The vision for downtown Copiague is that
it will be a vibrant, people-friendly place that feels safe and secure,
where people can walk, shop, entertain, relax, play, interact, and
spend time, and where the sense of community can be strengthened.
The Vision Plan identifies various existing conditions that stand
in the way of that vision and suggests the implementation of various
actions to encourage and facilitate the transformation of downtown
Copiague. The Vision Plan observes that the existing zoning in downtown
Copiague represents a limitation towards revitalization of the downtown
core. Among the Vision Plan's recommendations is the development of
contemporary zoning regulations for downtown Copiague, including updated
lot and bulk controls that would coordinate and guide future development.
Therefore, in response to these recommendations, the Town Board of
the Town of Babylon ("Town Board") herein enacts a new article of
the Code of the Town of Babylon to create a new district to be known
as the "Downtown Copiague (DC) Zoning District." The primary purpose
of the DC Zoning District is to facilitate a vibrant transit-oriented
downtown containing a mix of housing types and retail, office, personal
service, and/or other compatible uses that contribute to a sense of
community. The DC Zoning District regulations are designed to build
upon the strengths of Copiague and especially the downtown area, including
the presence of the Copiague Long Island Rail Road ("LIRR") Station,
Veterans' Memorial and Copiague parks, and a diverse residential community
that is within walking distance of many of the downtown's commercial
establishments. Further, the regulations set forth in this article
are designed to encourage and continue to improve the existing aesthetic
appearance of downtown Copiague, in order to enhance its community
identity. Finally, the regulations set forth in this article reflect
"form-based" strategies that are as much interested in the form of
development and its relation to Copiague's streets and sidewalks,
as to the specific use, lot, and bulk of development.
The provisions of the DC Zoning District promulgated herein
shall apply to those properties designated as such on the Building
Zone Map of the Town of Babylon, Suffolk County, New York, as amended.
The DC Zoning District is generally comprised of those properties
fronting along Great Neck Road from Campagnoli Avenue to Hollywood
Avenue, along Marconi Boulevard from Pine Street to Verrazano Avenue,
and along Railroad Avenue from Pine Street to Verrazano Avenue.
[Amended 8-3-2016 by L.L.
No. 11-2016]
In the DC Zoning District, no building or premises shall be
used and no building shall be hereafter erected or altered, unless
otherwise provided for in this article, except for one or more of
the following uses:
A.
Principal uses.
(1)
The following uses shall be permitted on the ground and upper
stories, in mixed-use or single-use buildings:
(a)
Shops and stores for the sale of retail or consumer merchandise
and services.
(b)
Personal service shops such as barbershops, beauty parlors.
(c)
Banks, financial institutions.
(d)
Museums, art galleries.
(e)
Libraries.
(f)
Theaters, including movie theaters and performing arts theaters.
(g)
Health clubs.
(i)
Public, private, or vocational schools, learning centers, test
preparation centers.
(j)
Community centers.
(k)
Public parks, playgrounds, and recreational areas when authorized
by a governmental authority.
(l)
Multiple residences, except for properties with frontage on
Great Neck Road, where there shall be no residential uses on the first
story.
(m)
Uses similar to the above, as determined by the Planning Board.
(2)
None of the aforementioned uses shall be permitted with a drive-in
window.
B.
Accessory uses. In the DC Zoning District, the following accessory
uses, and no other, shall be permitted:
(1)
Off-street parking and loading, including parking structures.
(2)
Open space or plaza areas accessible to the general public.
(5)
Other customary accessory uses and buildings, provided that
such uses are incidental to the principal use, but such uses shall
not include any activity conducted as a business.
A.
Planning Board.
(1)
On-premises food and beverage consumption establishments on the ground story only, when permitted by special exception by the Planning Board pursuant to Article XXVI of this article, subject to such conditions, restrictions and safeguards as may be imposed by the Planning Board.
(2)
Outdoor dining accessory to an on-premises food and beverage
consumption establishment, subject to the following provisions:
(d)
Outside dining shall only be permitted to operate between the
hours of 8:00 a.m. to 11:00 p.m. for any on-premises food and beverage
consumption establishment within 500 feet of any residence district.
(e)
Outside loudspeakers, exterior live entertainment, or dancing
of any kind shall be prohibited for any on-premises food and beverage
consumption establishment between the hours of 11:00 p.m. and 8:00
a.m. or within 500 feet of any residence district during any hour
of the day.
(f)
Outside dining shall be permitted on the subject parcel only
and/or the sidewalk adjacent to a building, on the ground story only,
and contiguous to the building.
[Amended 8-3-2016 by L.L.
No. 11-2016]
All development within the DC Zoning District shall meet or
exceed the minimum standards contained herein.
A.
Building height. In a DC Zoning District, no building or structure
hereafter erected or altered shall exceed three stories. The following
exceptions are permitted:
(1)
Parapets, not exceeding three feet in vertical distance from
the base to the highest point.
(2)
Stairwell or elevator bulkheads, water tanks, chimneys, heating
and air-conditioning apparatus, or other mechanical equipment projections
occupying less than 10% of the area of the roof and not exceeding
12 feet in vertical distance from base to the highest point.
(3)
Safety railings or walls required by the New York State Building
Code to enclose outdoor living space or decks, not exceeding the minimum
height required by the New York State Building Code for such railings
or walls.
B.
Lot area. In a DC Zoning District, no building shall be erected on
a lot having an area of less than 8,000 square feet.
[Amended 7-13-2022 by L.L. No. 12-2022]
C.
Lot width. In a DC Zoning District, no building shall be erected
on a lot having a width of less than 80 feet at the front street line.
[Amended 7-13-2022 by L.L. No. 12-2022]
D.
Front yards. In a DC Zoning District, no front yard shall be required.
To the extent practicable, buildings should be constructed to the
front lot line. However, in the case where it is not practicable,
the maximum front yard shall be 10 feet. In order to provide for facade
articulation, building facades may step back an additional two feet
for a maximum of 49% of the building face. The following exception
is permitted:
(1)
Outdoor dining accessory to an on-premises food and beverage consumption establishment, as promulgated in § 213-537A(2) of this Article.
E.
Side yards. In a DC Zoning District, no side yard shall be required.
To the extent practicable, buildings should be constructed to the
side lot line.
F.
Rear yards. In a DC Zoning District, there shall be a rear yard having
a minimum depth of 15 feet.
G.
Building area. In a DC Zoning District, the total building area shall
not exceed 80% of the lot area.
H.
Residential density. In a DC Zoning District, the maximum residential
density shall be 35 dwelling units per acre.
I.
Dwelling unit size. In a DC Zoning District, the minimum dwelling
unit size shall be 500 square feet.
J.
Floor area ratio (FAR). In a DC Zoning District, the maximum FAR
shall be 2.0.
All development within the DC Zoning District shall be subject to site plan review in accordance with Chapter 186, Site Plan Review, of the Code of the Town of Babylon, except for applications that involve incentive bonuses, which shall be subject to both site plan review and the zoning incentive procedures, as promulgated in § 213-549 of this article. For all applications within the DC Zoning District, there shall be additional review and recommendation from the Office of Downtown Revitalization.
[Amended 8-3-2016 by L.L.
No. 11-2016]
A.
Design review procedures. In any case where site plan approval is required for property within the DC Zoning District, the Planning Board of the Town of Babylon shall review the architectural design of structures and buildings, pursuant to the design considerations listed in § 213-540B of this article. In reviewing for architectural design, the Planning Board shall utilize submittals made pursuant to Chapter 186. The Office of Downtown Revitalization shall also provide input on the architectural design of structures and buildings as part of the aforementioned process. In addition, for applications within the DC Zoning District, such application shall include at least one colored rendering. The Planning Board, as part of its review, may require an applicant to provide additional architectural design, elevations, or other information it shall determine.
B.
Design considerations. 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 DC Zoning 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 tasteful innovative design for individual buildings. In any case where site plan approval is required for property within the DC Zoning District, the Planning Board shall review the architectural design of structures and buildings, pursuant to the design considerations listed in § 213-540B and §§ 213-522 to 213-525 of Article XLII, Downtown Wyandanch and Straight Path Corridor Form-Based Code, of this chapter, as well as the design considerations listed below, and any subsequently adopted design guidelines that may be adopted by the Town Board of the Town of Babylon for the Downtown Copiague District.
(1)
Great Neck Road, Oak Street, and Marconi Boulevard from Great
Neck Road to Verrazano Avenue shall be considered primary streets.
(2)
The principal building entrance, front and front yard should
face the primary street frontage and sidewalk.
(3)
When a building fronts onto two primary streets, either an entrance
shall be provided onto each primary street, or a corner entrance shall
be used.
(4)
Buildings should be situated along public streets to the maximum
extent possible in order to form a consistent street wall and be accessible
from the public sidewalk. Buildings shall not be unduly set back from
the street or located behind parking lots.
(5)
Building design and landscaping should serve to reinforce and
announce the main pedestrian building entrances.
(6)
Parking should be placed in the rear of lots, whenever possible,
and should be adequately planted and landscaped in order to create
an attractive point of arrival.
(7)
Walkways should be provided for safe and convenient pedestrian
access from sidewalks to storefront entries, and from storefronts
to adjacent residential areas.
(8)
Special materials, such as brick or cobblestones and picket
fences, are encouraged for walkways in downtown Copiague, particularly
those with older or historic buildings.
(9)
Ground-story space improved with commercial or office should
include display windows, lighting, architectural treatments, and/or
landscaping that is active, visible, and enhances the pedestrian environment.
Where shade is desired, awnings are encouraged.
(10)
The exteriors of buildings should utilize natural cladding materials
such as wood, brick, stucco, stone, or a combination of such materials
or their equivalent. The use of imitation, synthetic, metallic, and
reflective materials should be avoided, including, but not limited
to, aluminum or vinyl siding, imitation brick or stone, or plastic.
(11)
Building shape, proportions, massing, and design should be appropriate
to the historic character of downtown Copiague. Architectural features
such as porches, porticoes, shutters, decorative door and window frames,
balconies, cornices, dormers, chimneys, turrets, and spires should
be used to reinforce a pedestrian scale and create interest and variety
in the facade.
[Amended 8-3-2016 by L.L.
No. 11-2016]
In order to protect, preserve, and promote the unique character of downtown Copiague, the following specific sign regulations are required. These specific requirements shall be in addition to the general requirements set forth in Article XXXIII, Signs, of this chapter. If this subsection is silent on an issue of signage, Article XXXIII or any other duly enacted local law regulating signs shall govern. In the event of conflict between this section and Article XXXIII of this chapter, this section, along with any subsequent design guidelines adopted by the Town Board of the Town of Babylon for the Downtown Copiague District, shall govern for signage in downtown Copiague.
A.
Permitted and prohibited signs.
(1)
Four types of attached signs are permitted.
(a)
Band signs. A band sign consists of a band of lettering across
the entire width of the building. If lit, band signs shall be front-lit
with gooseneck lights. Band signs shall be a maximum of three feet
tall, shall extend no more than six inches beyond the building facade,
and the bottom of the band sign shall not be installed less than 10
feet above the sidewalk.
(b)
Board signs. A board sign consists of painted or vinyl graphics
on a signboard attached flush with the building wall.
(c)
Window signs. A window sign is located behind the glass or is
comprised of painted, gold leaf, or vinyl applied directly to the
glass. The height of any window sign shall be limited to 1/3 the height
of the glass in the sash where the sign is installed. The width of
any window sign is limited to 90% of the width of the glass in the
sash where the sign is installed. Signs may not be affixed with tape
or other temporary means to the exterior nor to the interior of the
glass surfaces. Decals shall not be affixed to glass. Alternatively,
and in order to minimize window clutter, one signboard may be placed
in the window, consisting of many individual signs. Such signboard
shall not exceed 40% of the glass surface.
(d)
Painted wall signs. Painted wall signs may only occur on wall
surfaces that are set back at least 50 feet from the edge of the pavement
to allow for equal viewing by pedestrians and motorists and shall
not be the primary sign of the business they represent. Such signs
shall be rectangular, oriented horizontally or vertically, and no
larger in area than two feet by two times the building width. These
signs shall have a dark background color with a black border.
(2)
Two types of projecting signs are permitted.
(a)
Blade signs. Blade signs hung from an architectural element
shall be centered on that element. Blade signs projecting from the
wall shall have a maximum projection of 40 inches and shall be no
more than three feet wide by two feet tall. No blade sign shall exceed
six square feet. The bottom of the blade sign shall be no less than
eight feet from grade, and the top of the blade sign shall be no more
than 12 feet from grade. Brackets or other suspension device shall
match the architectural style of the building and shall not be computed
as part of the allowable size of the sign.
(b)
Vertical signs. Vertical corner signs may project perpendicular
from one side of the building or at a forty-five-degree angle to the
corner. Vertical corner signs may be lit with gooseneck lights. Vertical
corner signs shall be mounted a minimum of eight feet in height from
the sidewalk, measured to the bottom of the sign. The height of the
sign shall not exceed 12 feet. Vertical corner signs shall be mounted
a maximum of 12 inches away from the exterior wall of the building
and shall be a maximum of three feet wide.
(3)
Ground signs. Ground signs are used at the sidewalk frontages
of businesses to provide information about the business to pedestrians.
Ground signs shall be limited to sculptural, A-frame signs and menu
stands, provided that:
(a)
They are temporary and removed during nonoperating hours. Permanent
ground signs shall not be permitted.
(b)
Only one such sign shall be allowed per business.
(c)
Such sign shall be located directly in front of the building
containing the business that the sign is advertising.
(d)
A ground sign may be placed on a public sidewalk either adjacent
to the building entrance or a maximum of three feet from the curb.
In either case, a minimum of six feet of clear space for the passage
of pedestrians shall be maintained. Where a sidewalk is not wide enough
to meet the six-foot clear space requirement, the sign shall be placed
on the owner's property, not in the area between the sidewalk and
the curb or on a public right-of-way.
(e)
Such sign shall not obstruct any crosswalk, curb cut, driveway,
accessible parking space, parking meter, fire hydrant, fire call box,
other emergency facility, bus stop, and other resource that serves
the public.
(f)
A ground sign shall be no larger than 24 inches wide, 43 inches
high, and 36 inches deep at the base, with a maximum of two faces,
and shall only feature logos that reflect the business that it promotes.
(g)
Such sign shall be of high-quality design and shall be constructed
of durable weather-resistant materials, including framed chalkboards,
black wet-erase boards, or an alternative approved by the Commissioner
of Planning and Development.
(h)
Preprinted signs or signs with interchangeable type shall not
be permitted, except that a ground sign otherwise meeting the specifications
herein containing primarily handwritten copy may also contain a permanent
preprinted name or logo identifying the business.
(i)
Movable parts, such as balloons, ribbons, or pinwheels shall
not be permitted.
(j)
If illuminated, ground signs should be illuminated by low-brightness,
external illumination only.
(k)
Ground signs shall be properly designed, built, located, and
secured to resist displacement by wind or similar disturbance.
(4)
Awning signs. Signage may be painted either on the fringe of
an awning or in the center of the body of the awning. Awning signs
shall be painted directly on canvas. Back-lit awnings are prohibited.
Signs that occupy the fringe of the awning may fill the entire height
and width of the fringe up to a maximum fringe height of nine feet.
(5)
Home-based business signs. Signs advertising a home-based business
shall be permitted and shall be consistent with the architectural
style and shall be painted wood with a maximum size of six square
feet. Signs may have engraved gold leaf letters and symbols. Signs
may be mounted to a freestanding post, hung below a porch roof, or
mounted to a building wall. Brass signs may be used for signs mounted
to masonry building walls. One sign advertising a home-based business
is permitted at each frontage.
(6)
Security signs. One sign providing notice of a security system
is permitted at each frontage and shall be affixed to a building.
(7)
Real estate signs. One real estate sign advertising a property
for sale or rent may be displayed at each frontage.
(8)
Exposed, open-channel neon and back-lit, pin-mounted neon signage
shall be permitted.
(10)
Internally illuminated and glowing dome-shaped canopy awnings,
as well as internally illuminated box lighting, flashing, digital,
moving, false neon-like, vinyl banner, and flag signs shall be specifically
prohibited. In addition, freestanding, off-site, and detached signs
are prohibited unless noted otherwise.
B.
Materials; uniformity.
(1)
Signs shall be of materials consistent with the architectural
style.
(2)
Address numbers shall be six inches in height, as required by
New York State law, and shall be gold leaf, metal, ceramic or paint
in a color contrasting with the background color.
(3)
Signage should ideally be uniform for each storefront, building,
and downtown Copiague.
C.
Sign permit.
(1)
Permit required. It shall hereafter be unlawful, except as otherwise
provided in this article, for any person to erect, construct, alter,
relocate, reconstruct, display, or maintain in the DC Zoning District
any sign without first having obtained a written permit from a Building
Inspector, in compliance with the provisions of this article and the
Town Code. All signs shall be subject to the approval of a Building
Inspector as to the structural safety thereof in conformity with recognized
engineering standards.
(2)
Application for permit. Any person who wishes to procure a permit
as above required shall file with the Building Inspector a written
application accompanied by a scale drawing showing the structural
members, the lettering, the pictorial matter or other copy located
on the sign face, a location plan showing the position of the sign
on the building, structure or plot of land, the material comprising
the sign and sign structure, the method of attachment and such other
information as a Building Inspector may require to show compliance
with the provisions of this article and the Town Code. If the sign
is an electrical sign, the applicant must also furnish and indicate
the specifications of all electrical wiring and components. The applicant
shall also present a written statement showing the name of the owner
or of the person in control of the building, structure and plot of
land where such sign is to be located and the right or authority of
the applicant to obtain a permit. For signs within the DC Zoning District,
the Building Inspector shall forward all application materials to
the Planning Department and Office of Downtown Revitalization for
their input.
(3)
Fees. Except as otherwise provided, no sign permit shall be
issued until the applicable fee, established by the Town Board from
time to time, is paid.
(4)
Renewal. Every sign permit shall be renewed every two years
upon the payment of the renewal fee, and each application for a renewal
permit shall be accompanied by a certificate certifying that the sign
has been inspected by a Building Inspector and found to be properly
hung in a secure and safe position, maintained in good and safe condition,
and further certifying that the sign complies with the provisions
of this article.
D.
Nonconforming signs. In the event that a sign lawfully erected prior
to the effective date of this article does not conform to the provisions
and standards in this section, then such signs should be modified
to conform or be removed according to the following regulations:
(1)
All nonconforming signs shall be modified by their owners to
comply with these regulations, or such sign(s) shall be removed within
three years after the effective date of this article.
(2)
A nonconforming sign shall not be enlarged or replaced by another
nonconforming sign. A nonconforming sign shall be replaced with a
conforming sign when the nonconforming sign sustains damage to 50%
or more of the original sign or where the cost of the repairs to the
damaged sign is 50% or more of the original cost of the sign.
(3)
An existing nonconforming sign identifying a tenant or occupant may remain, subject to § 213-541D(1) and (2), and provided that the only change in signage is the identity of the new tenant or occupant.
Any development within the DC Zoning District shall comply with the provisions of § 213-245, Exterior lighting standards, of this article. All parking areas, entries, walkways, corridors, passages, utility areas and front landscaping must be provided with adequate lighting for safety purposes. Lights shall be adjusted so as not to shine into adjacent properties.
A.
In the DC Zoning District, there shall be no outdoor storage and/or
display; however, a forty-five-day temporary permit may be issued
at the discretion of the Building Inspector for outdoor display of
merchandise intended for sale, marked for sale, or having the appearance
of being for sale, provided that:
(1)
There shall be sufficient sidewalk clearance to allow for walkability
in the downtown area.
(2)
The temporary outdoor display of merchandise is located within
five feet of the principal building.
(3)
There shall be free access to all buildings.
(4)
The temporary outdoor display of merchandise shall not be placed
in or on street furniture, parking meters, public signage, planter
boxes, turf, dirt, or landscaped areas, nor beyond the edge of the
business' street frontage.
(5)
All sales transactions shall occur inside the building.
(6)
The merchandise shall be displayed only during business hours.
A.
Trash/dumpster areas shall be screened by an enclosure (such as wood
fences, chain-link fences, vinyl fences, or masonry enclosures), as
well as sufficient landscaping. Such screening shall be aesthetically
pleasing, as well as durable to the satisfaction of the Planning Board
as determined during site plan review.
B.
Wherever a DC-zoned parcel abuts upon a single-family residential
parcel or building, there shall be suitable screening, landscaping,
or buffer plantings, as determined by the Planning Board.
C.
The type, location, and extent of screening or fencing shall be accepted
at the discretion of the Planning Board during the site plan approval
process.
The Town of Babylon is committed to minimizing the short-term
and long-term negative impacts construction has on the environment
and is committed to promoting the benefits that green building and
green site planning have on the health and welfare of its citizens.
The intent of this subsection is to identify and refer to the existing
green building regulations within the Code of the Town of Babylon
and establish additional regulations that apply to the DC Zoning District.
All new development within the DC Zoning District shall adhere to
the regulations contained in this subsection.
B.
All new development shall conform to Chapter 189, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Babylon. In addition, all new development shall conform to the applicable requirements set forth in the most current version of the New York State Stormwater Design Manual, as interpreted by the Town of Babylon, especially Chapter 5, Green Infrastructure Practices.
C.
Pervious paving shall be permitted on all sites.
D.
Green roofs shall be permitted for all building types.
E.
The recycling of construction waste shall be required.
Any application that includes multiple residence units within
a mixed-use building shall be required to demonstrate that there is
suitable and adequate means of garbage pickup, security service, fire
egress, emergency access, light, maintenance service, superintendent
availability, and other similar matters affecting the safety and quality
of life of the occupants of the dwelling units. An applicant shall
also demonstrate the proper protection of existing fire egress, light,
window views, and accessibility of emergency services of neighboring
structures. The Planning Board shall establish and impose such conditions
as it deems necessary in connection herewith, as part of the site
plan approval process.
Projects with five or more residential units shall be required
to designate 20% or more of the units as affordable, subject to guidelines,
as established by the Town Board. At a minimum, any project with five
or more residential units shall comply with the requirements of Article
16-A, the Long Island Workforce Housing Act, of the New York General
Municipal Law.
[Amended 8-3-2016 by L.L.
No. 11-2016]
One of the strengths of downtown Copiague is the strategic location
of the Copiague LIRR station at its center. As a result, the DC Zoning
District emphasizes downtown Copiague as a natural transit-oriented
development (TOD) community, whereby uses are within easy walking
distance of a transit stop and designed to maximize access to and
from transit. Therefore, the following off-street parking regulations
and strategies are designed to enhance the pedestrian- and transit-friendly
nature of the area:
A.
Off-street parking standards. In the DC Zoning District, off-street parking requirements shall be in conformity with those requirements set forth in Article XXIII of this Chapter, except the following:
(1)
Multiple residences: one space for each studio or one-bedroom;
1.5 spaces for two bedrooms, and 0.5 additional spaces for each additional
bedroom in the dwelling unit.
[Amended 7-13-2022 by L.L. No. 12-2022]
(2)
Retail stores, shops, and personal service establishments: one
space for each 400 square feet of gross floor area.
(3)
Offices, banks, or financial institutions, not including medical
offices: one space for each 500 square feet of gross floor area.
(4)
Public, private, or vocational schools, learning centers, or
test preparation centers: five per classroom or teaching station,
plus one for each teaching and non-teaching staff person.
B.
Shared parking.
(1)
The minimum required quantity of parking may be reduced when
shared parking is used. Where credible evidence is provided that parking
could be shared by the proposed uses with nearby uses, as provided
by a traffic study, parking study, traffic counts, or data by a licensed
traffic engineer, up to a twenty-percent reduction in off-street parking
may be permitted for shared parking. Shared parking shall be located
within 500 feet of each use and may include on-street parking, off-street
parking, and commuter parking areas. Such determination shall be at
the discretion of the Planning Board and determined during the site
plan approval process.
(2)
Shared parking lots with cross-access agreements are encouraged
so as to allow drivers to park in one lot and walk to other businesses
without moving their cars, or to drive from one lot to another without
returning to the street.
C.
Parking demand reduction. Given the TOD nature of the area, as part
of site plan review, applicants will be encouraged to explore techniques
to reduce parking demand. Techniques may include, but are not limited
to parking management programs, promotion of and priority to car sharing
and ridesharing, parking cash-out programs, unbundled parking, provision
of free or discounted transit passes, provision of bicycle parking
facilities.
D.
Buffering. In order to soften the appearance of parking lots, parking
lots shall be landscaped with ground cover, grasses, or low shrubs.
[Amended 8-3-2016 by L.L.
No. 11-2016]
A.
Purpose; legislative authority. In order to encourage development
in accordance with this article and in accordance with § 261-b
of the Town Law of the State of New York, the Town Board is empowered
to provide for a system of zoning incentives or bonuses in exchange
for specific physical, social, or cultural benefits or amenities,
as the Town Board deems necessary and appropriate, consistent with
the purposes and conditions set forth herein.
B.
Community benefits or amenities.
(1)
The following community benefits or amenities may, at the discretion of the Town Board, be accepted in exchange for one or more incentive, as provided in § 213-549C:
(b)
Open or park space: additional active or passive open or park
space available to the public. Alternatively, contribution to the
creation or improvement of open or park space elsewhere in the community.
(c)
Downtown infrastructure improvements: infrastructure improvements
on-site above and beyond minimum requirements in the form of street
furniture, lighting, pavers, plazas, and related public amenities,
as well as improvements to sewer and water systems. Alternatively,
contribution to the creation or enhancement of similar improvements
elsewhere in the community.
(d)
Diversity of housing options: provision of a mix of housing options that increases housing diversity, including a range of sizes and income levels served, as long as the minimum requirements stated in § 213-547 are met.
(e)
Sustainable building techniques: building, siting, or constructing structures beyond the minimum sustainable design and development standards provided in § 213-545 of this article and in Article VIII, Green Building Construction, of Chapter 89, Building Certification, of the Code of the Town of Babylon.
(f)
Other facilities or benefits to the residents of the community,
as determined by the Town Board.
(g)
Any combination of the above-listed community benefits or amenities.
(2)
These community benefits or amenities shall be in addition to
any mandated requirements pursuant to other provisions in this article.
(3)
These community benefits or amenities may be either on or off
the site of the subject application and may involve one or more parcels
of land.
C.
Incentives or bonuses. The Town Board may grant the following specific
incentives:
(1)
Increased residential density. The Town Board may grant an increased
residential density of up to 48 units per acre. The highest density
shall be reserved for applications that include substantial community
benefits or amenities and are located within 400 feet of the Copiague
LIRR Station.
(2)
Increased FAR. The Town Board may grant an increased FAR of
up to 2.2. The highest FAR shall be reserved for applications that
include substantial community benefits or amenities and are located
within 400 feet of the Copiague LIRR Station.
(3)
Increased height. The Town Board may grant an increased building height of up to four stories. Note that the exceptions permitted under § 213-538J of this article shall be permitted under an increased height as well. Increased height shall be reserved for applications that include substantial community benefits or amenities and are located within 400 feet of the Copiague LIRR Station.
(4)
Reduced parking requirements. The Town Board may reduce the
parking requirements for applications that demonstrate elevated transit
usage, significant pedestrian and walkability amenities, and are located
within 400 feet of the Copiague LIRR Station.
(5)
Modifications to other land development standards or dimensional
requirements. The Town Board, at its discretion, may modify other
land development standards or dimensional requirements of the Town.
(6)
Note that the distance to the Copiague LIRR Station shall be
measured from the property lot line to the closest points from the
station platform.
D.
Criteria and procedure for approval. Authorization of zoning incentives
is subject to approval by the Town Board upon referral from the Planning
Board and Office of Downtown Revitalization prior to the grant of
site plan approval. Applicants may seek nonbinding input from the
Town Board as to whether the proposal is worthy of consideration prior
to the application or at any stage of the application process. Pursuant
to § 261-b of Town Law, the following procedures shall be
followed for approval of any incentive or bonus:
(1)
Submission of application. Applications for incentives in exchange for amenities shall be submitted to the Town Board through the Planning Department. In order to preliminarily evaluate the adequacy of the community benefit or amenity to be accepted in exchange for the requested incentive or bonus, the following information shall be provided by the applicant in addition to the information required as part of the site plan review process, in accordance with Chapter 186:
(a)
A description of the incentive being requested.
(b)
A description of the proposed community benefit or amenity.
(c)
An estimate of the economic value of the proposed benefit or
amenity to the public.
(d)
A narrative statement which:
[1]
Describes the benefits to be provided to the community by the
proposed amenity.
[2]
Demonstrates that adequate services and facilities exist in
the community that could accommodate the additional demand that would
be generated by granting the incentive or bonus.
[3]
Explains how the proposed amenity promotes implementation of
physical, social, or cultural policies articulated in approved plans.
(e)
Any additional information, as may be requested by the Town
Board.
(2)
Planning Board review.
(a)
Application completeness. The Planning Department shall review any application for its compliance and completeness with the requirements set forth in Chapter 186. The Office of Downtown Revitalization shall review such application for its compliance and completeness with the requirements set forth in § 213-549D of this article. After receipt of the completed application, a post-submission conference shall be scheduled with the Commissioner of Planning and/or his/her designated representative to discuss and review the site plan submitted.
(b)
Planning Board review. Once the incentive and site plan application has been determined to be complete by the Planning Department and Office of Downtown Revitalization, the Planning Board shall begin its site plan review of the incentives and the overall site plan, in accordance with Chapter 186. As part of such review, the Planning Department shall refer the proposal to the Office of Downtown Revitalization for review of the incentives and the overall site plan. The Office of Downtown Revitalization shall provide comments on the incentives directly to the Planning Board and Town Board. The Office of Downtown Revitalization shall also provide comments on the overall site plan to the Planning Department.
(c)
Planning Board hearing. Per the regulations put forth in Chapter 186, the Planning Board shall then hold a public hearing on the incentives and site plan application. Site plan approval by the Planning Board shall only be subsequent to approval of the incentives by the Town Board, as set forth in § 213-549D(5). Therefore, such Planning Board hearing shall remain open and on the reserve calendar until the Town Board's determination with regards to the incentives.
(d)
Planning Board recommendation. The Planning Board shall then
report to the Town Board with its evaluation of the adequacy with
which the amenity(s)/incentive(s) fits the site and how it relates
to adjacent uses and structures upon completion of its proceeding
with regard to the same, along with any general site plan comments.
(3)
Compliance with SEQRA; TOBEQRA.
(a)
Every decision by the Town Board concerning an application for use of incentive zoning on a particular project shall fully comply with the provisions of SEQRA, as well as TOBEQRA (Chapter 114, Environmental Quality Review, of the Code of the Town of Babylon).
(b)
An applicant will submit a Full Environmental Assessment Form
("FEAF"), Part 1, to the Town Board.
(c)
The Town Board will establish itself as SEQRA/TOBEQRA lead agency
for all applications submitted pursuant to this section. The Town
Board shall conduct coordinated review for all applications submitted
pursuant to this section.
(d)
In accordance with § 261-b of Town Law, if a generic
environmental impact statement ("GEIS") has been prepared by the Town
Board in enacting or amending this section, an applicant will pay
a proportionate share of the cost of preparing such impact statement.
(4)
Town Board evaluation; public hearing. Upon receipt of the Planning
Board's referral, the Town Board shall review the Planning Board's
report. The Town Board shall notify an applicant as to whether it
is willing to further consider the proposal and hold a public hearing
thereon. Prior to its final decision and in conjunction with its SEQRA/TOBEQRA
review, the Town Board shall conduct a public hearing in accordance
with the standard procedures for adoption of an amendment to the zoning
ordinance or local law, as well as SEQRA/TOBEQRA. At least five days'
notice (14 days if an environmental impact statement was required)
of the time and place of the hearing shall be published in an official
newspaper of the Town.
(5)
Town Board findings and decision hearing. In order to approve
an amenity/incentive proposal, the Town Board shall determine that
the requirements of SEQRA/TOBEQRA have been met through the issuance
of a negative declaration (or environmental findings if an environmental
impact statement was required) and that the proposed amenity provides
sufficient public benefit to grant the requested incentive. The Town
Board may impose conditions on a project to ensure that the above
findings are ensured through the subsequent plan review and construction
phases of the project.
(6)
Plan review. Upon a favorable decision of the Town Board regarding the incentives, the application shall continue its formal site plan review by the Planning Board, in accordance with Chapter 186. Failure to obtain site plan approval from the Planning Board within six months of approval by the Town Board shall render any incentive zoning granted hereunder null and void unless extended by resolution of the Town Board for a maximum of six additional months.
E.
Cash payment in lieu of amenity. Pursuant to § 261-b of
Town Law, if the Town Board finds that a community benefit or amenity
is not suitable on-site, cannot be reasonably provided, or is not
immediately feasible, the Town Board may require a cash payment in
lieu of the provision of the community benefit or amenity. These funds
shall be placed in a trust fund to be used by the Town Board exclusively
for amenities within the community specified prior to acceptance of
funds. Cash payments shall be made prior to the issuance of a building
permit. Cash payments in lieu of amenities shall not be used to pay
general and ordinary Town expenses.
A.
If any clause, sentence, paragraph, subdivision, section or other
part of this article shall for any reason be adjudged by any court
of competent jurisdiction to be unconstitutional or otherwise invalid,
such judgment shall not affect, impair or invalidate the remainder
of this article, and it shall be construed to have been the legislative
intent to enact this article without such unconstitutional or invalid
parts therein.
B.
If any portion of this article is found to be in conflict with any
other provision of any other local law or ordinance of the Code of
the Town of Babylon, the provision which establishes the higher standard
shall prevail.
