Babylon City Zoning Code
ARTICLE XLIII
Downtown Copiague DC Zoning District
§ 213-534 Legislative intent and purpose.
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.
§ 213-535 Applicability; district boundaries.
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.
§ 213-536 Permitted uses.
[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.
§ 213-537 Uses permitted by special permit.
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.
§ 213-538 Lot and bulk controls.
[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.
§ 213-539 General procedures.
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.
§ 213-540 Design review.
[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.
§ 213-541 Signs.
[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.
§ 213-542 Lighting.
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.
§ 213-543 Outdoor storage and display.
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.
§ 213-544 Buffering and transitions.
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.
§ 213-545 Green building and site planning.
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.
§ 213-546 Mixed-use buildings.
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.
§ 213-547 Affordable housing.
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.
§ 213-548 Off-street parking.
[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.
§ 213-549 Zoning incentives.
[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.
(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.
§ 213-550 Nonconforming buildings, structures, or uses.
§ 213-551 Severability; conflicts with other provisions.
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.