It is hereby declared to be the policy of the Town of Babylon to provide a protective zoning classification for a park-like development of industry that is based on the performance of an industry as well as on the type of industry.

It is the purpose of this article and the regulations contained herein to provide a favorable operating environment for industry and to further provide for the protection and safeguard of such industry from the encroachment of uses which are incompatible and adverse to the operation and expansion of such industry.

In addition, this article is designed to minimize the impact of industries on surrounding nonindustrial land uses, to minimize traffic flow problems and, in general, to help to promote the health, safety, comfort and welfare of the present and future workers of the district and residents and workers of the surrounding neighborhood.

Unless otherwise stated expressly, the following words and expressions, where used in this article, shall have meanings as follows:

Words used in the singular number shall include the plural, and vice versa; the word "building" includes the word "structure," the word "lot" includes the word "plot" and the word "shall" is always mandatory. All other words or phrases not expressly defined herein shall take on the definition included in Black's Law Dictionary.

No building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged or maintained, except for one or more of the following uses. All of the following operations and activities shall be carried on within fully enclosed structures, and there shall be no outdoor storage of materials, equipment or vehicles, other than as expressly stated in § 213-328 of this article, entitled "Outside storage and display; vehicle storage."

All other requirements of the Planned Industrial Park District shall apply.

All uses other than those expressly listed above are to be considered as prohibited uses.

In the PIP-1 District, the required front yard depth shall be not less than 45 feet measured from the front property line (after the widening, if any, of the abutting streets) to the front of the building. The front yard shall be suitably sodded, shrubbed, landscaped and neatly maintained. There shall be no parking permitted in the front yard, except for no more than four parking spaces located in front of the building line for the first 150 feet of road frontage, and there may be one additional parking space for each additional 50 feet of road frontage, provided that the minimum landscaping requirements are met. In those cases where there exists a double front lot or corner lot, parking shall be permitted in only one designated front yard, and the number of spaces shall be based upon the street frontage of only that front yard. There shall be no parking within the first 45 feet of the front yard, measured from the front property line.

In the case of facade or facade-related improvements in Town Board designated commercial facade improvement areas, there shall be no minimum front yard setback requirement.

There shall be no on-street parking in a PIP-1 District. All public streets shall be posted with "no parking" signs.

Each parking space shall be a minimum of 9 feet by 19 feet. In addition, there shall be sufficient aisle space for adequate ingress, egress and maneuvering areas as follows:

All parking areas shall have sufficient curb cuts, as determined by the Planning Board, to ensure proper and safe ingress and egress on the site.

Underground parking is permissible.

The following minimum number of off-street parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building hereafter erected for use for any of the following purposes:

In each case where a change of use occurs, parking requirements shall be recalculated to reflect the change of use. and a revised site plan shall be resubmitted to the Planning Board for its review.

In the PIP-1 District, there shall be no outside storage of materials, equipment or merchandise and/or display of merchandise, materials, equipment or vehicles intended for sale and which are displayed for that purpose. Vehicles used in conjunction with the use of the building may be stored in a designated vehicle storage area. This area is to be enclosed on at least three sides by a minimum ten-foot-high redwood-slatted chain link fence or similar fence fabric approvable by the Planning Board. In addition, a buffer zone, five feet wide with densely planted fifteen-foot high shrubs and trees, shall be located along the perimeter of the fence. The vehicle storage area may not be located in the front yard.

At the discretion of the Planning Board, the applicant may be required to enclose the entire vehicle storage area with a ten-foot-high redwood-slatted chain link fence, permitting entrance into the vehicle storage area through a ten-foot-high slatted chain link gate.

This section provides for sign alternatives that are both functional and aesthetic. Signs which are allowable are signs that identify the planned industrial park; street signs; directional signs; user identification freestanding signs; and corporate name or logo wall signs. The intent of this sign section is to ensure the consistency (in size, shape, color, lettering, location, lumination, etc.) of allowable types of signs to be utilized uniformly throughout the planned industrial park. In all cases, directional signs shall be a uniform size of two feet and shall not exceed four feet in height; and further, user identification freestanding signs shall be a uniform size of 3 feet by 9 feet and shall not exceed four feet in height. Each specific application of the sign section of this article shall be subject to the approval of the Planning Board in cooperation with the Architectural Review Board.

Any sign authorized by this section is permitted to contain noncommercial copy in lieu of any other copy.

All wiring, feed lines, energy sources and all equipment accessory to all utilities shall be placed underground. Alternate energy systems are encouraged and shall be reviewed by the Planning Board on a case by case basis with regards to the restrictions of this article. Alternate energy systems must be indicated on site plans.

All storage tanks shall be installed underground or within the primary structure. All mechanical and other equipment shall not be allowed in the front yard and shall be suitably screened according to Planning Board requirements as indicated on a site plan approvable by the Planning Board.

A minimum of 30% of the parcel shall be landscaped with sod, shrubs, trees and other comparable surface cover in accordance with a plan approved by the Planning Board. The required landscaped front, rear and side yards set forth in this article may be included in the computation of the percentage of landscaping required. All front yards shall be suitably shrubbed, landscaped and maintained.

There shall be one street tree for every 30 feet of street frontage, set back no more and no less than 15 feet from the curbline.

All parking areas that are visible from the front property line, as determined by the Planning Board, shall be concealed from the street by an earthen landscaped berm with a number of dense trees and/or shrubs planted along the berm in such a manner as to screen parked vehicles as seen from the front property line. The landscaping and construction of the berm shall be approved by the Planning Board.

Property not utilized for building area but included as expandable undeveloped area shall be screened by earthen berms and appropriate landscaping. This screening line shall be at the front building line, and the front yard shall be suitably landscaped. All undeveloped areas that are planned for future building expansion or other purposes shall be maintained and kept free of unsightly plant growth, stored materials, rubbish and debris and may be left in their natural state.

In addition to the required number of off-street parking spaces, the following maximum number of loading berths may be provided and satisfactorily maintained by the owner of the property for each industrial building, structure or premises which shall be hereafter erected, enlarged or altered: one loading berth for the first 5,000 square feet of gross floor area of building or fractional part thereof, plus one loading berth for each additional 10,000 square feet of gross floor area or fractional part thereof.

The minimum required size of each loading berth shall be 12 feet by 55 feet and shall have a vertical clearance of 14 1/2 feet.

No loading spaces shall be allowed if specifically prohibited by the Planning Board. The Planning Board shall encourage all users to provide loading berths inside the erected structure.

Each owner and tenant shall keep its premises, buildings, improvements and appurtenances in a safe, sightly, clean, neat and wholesome condition and shall comply in all respects with all governmental requirements. Each owner and tenant (where applicable) shall remove at its own expense any rubbish or trash of any character which may accumulate on its property and shall keep unlandscaped (including paved parking areas) and landscaped areas neat and well maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators.

During construction all building sites (and streets used by construction equipment) shall be kept in a reasonably clean and neat condition, and all trash, rubbish and debris (and, with respect to streets, mud and dirt) shall be kept removed therefrom during any construction work thereon, with final removal to be accomplished promptly after completion of such work.

All buildings, structures, signs, fences and landscaping shall be maintained in accordance with the provisions of this article and all other applicable codes and ordinances of the Town of Babylon, and violations thereof may be prosecuted and enforced in the same manner as provided therein.

All refuse containers are to be stored inside the building structure.

Once construction on-site has been initiated, work shall continue in an expeditious workmanlike manner until the structure is complete and a certificate of occupancy is issued.

Unless otherwise provided herein, any person who fails or neglects to comply with any section of this article shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine not less than $100 nor more than $250 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.

Each day's continued violation shall constitute a separate offense.

Civil penalties, where imposed in a specific ordinance pursuant to the laws of the State of New York, shall be in addition to any fine and/or imprisonment provided for in Subsections A and B of this section. In addition, any person found by the Bureau of Administrative Adjudication to have violated this article shall be subject to a monetary penalty of not less than $100 nor more than $250.

In addition to the fine and/or imprisonment and civil penalties as provided for in Subsections A, B and C of this section, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any section of this article.