Stony Point City Zoning Code
ARTICLE XXIV
River and Rail Brownfield Redevelopment RRBR Floating Zone.
§ 215-151 Purpose.
It is the purpose of the River and Rail Brownfield Redevelopment (RRBR) Floating Zone to encourage the private reuse of brownfield sites with freight access to the railroad and/or Hudson River. Reusing these former industrial and heavy commercial sites have many advantages to the Town of Stony Point including:
A.
Returning vacant and underutilized properties to gainful reuse resulting in tax revenue to the Town.
B.
Attracting businesses that will generate a local demand for labor, especially skilled labor.
C.
Encouraging the remediation of contamination in preparation of reuse.
D.
Use of waterfront lands for water-dependent industry and commerce in accordance with the recommendations of the Town of Stony Point Local Waterfront Revitalization Program.
E.
Reducing over-road tractor trailer traffic in the region by supporting the use of river and rail for the movement of freight, thereby reducing greenhouse gas generation and energy usage.
F.
Supporting regional Hudson River infrastructure and green energy initiatives by providing areas for logistics support.
G.
Prioritizing reuse of former commercial and industrial sites, reducing development pressure on greenfield sites more appropriate for conservation or lower intensity use.
H.
Protecting the character of existing neighborhoods and protecting the health, safety and general welfare of the people of Stony Point.
§ 215-152 Procedure; application; referrals; public hearing requirement; decision; approval.
A.
Authorization of the RRBR floating zone is subject to the same discretion as any Zoning Map amendment. Compliance with indicated criteria in no way compels the Town Board to designate the site for the RRBR Floating Zone.
B.
A petition to apply (or "land") the RRBR floating zone to a parcel or parcels shall be made to the Town Board and shall include such application requirements as detailed in § 215-155.
C.
Referral to the Planning Board. After the Town Board has determined that the application is for a viable project that it wishes to consider for the RRBR Floating Zone, it shall refer the application to the Planning Board. In the case of such referral, the Planning Board shall submit its report on the proposed petition to the Town Board within 60 days of receipt of a referred petition. The Planning Board shall review the petition against the purposes of the RRBR Floating Zone and against the criteria contained in § 215-153 in recommending whether to authorize the RRBR Floating Zone. The Planning Board may recommend approval or disapproval of the petition and may further recommend any conditions which it believes would improve the consistency of the district with the surrounding environs and/or the overall character of the community.
D.
Referral to Rockland County Planning. The Town Board shall refer the petition to Rockland County Planning Department for comment pursuant to the applicable provisions of GML § 239 and receive their report prior to approving an RRBR Floating Zone.
E.
State environmental quality review. The designation of an RRBR floating zone shall be deemed a Type 1 action pursuant to 6 NYCRR 617.4(a)(2) (SEQR).
F.
Public hearing required. Prior to landing the RRBR Floating Zone, the Town Board shall hold a public hearing for the purposes of soliciting public comment. This public hearing shall be held concurrently with any public hearing required under 6 NYCRR 617. The public hearing shall be advertised and notice in accordance with the Town Board's policies and procedures.
G.
Decision. The Town Board shall disapprove, approve or approve subject to conditions the petition in accordance with the provisions of Article XIX (Amendments) of this chapter, in the form of a local law. When deciding whether to disapprove, approve, or approve with conditions, the Town Board will consider:
H.
The Town Board, in its discretion, may impose reasonable conditions to an approved RRBR Floating Zone designation as necessary to assure conformance of the project with the intent, objectives and requirements of these regulations. This includes, but is not limited to, additional buffers along property lines; limitations on the quantities, types and location of materials to be stored or used on-site; limitations on the hours of operation; limitations on the volume of truck traffic generated; requirements for regular periodic inspection; provisions for decommissioning of sites.
I.
The approved RRBR Floating Zone shall be designated on the Official Zoning Map of the Town of Stony Point.
§ 215-153 Criteria for authorization.
The Town Board shall consider the following criteria among other relevant considerations in determining whether to authorize the landing or designation of the RRBR Floating Zone to a particular parcel or group of parcels:
B.
Brownfield. The site shall have been formerly used for intensive industry, mining, or utility purposes, and contain or be perceived to contain the potential for soil and groundwater contaminants.
C.
Freight access. Eligible properties shall have freight access to the Hudson River or freight railroad lines. The Town Board shall judge whether based on the testimony of the petitioner, the uses proposed for the property intend to utilize the river or railroad for a significant amount of transported goods or materials (generally a minimum of 35% as measured by material weight or volume).
D.
Emergency service access. A suitable plan shall be provided for continuous and adequate access by emergency services, including during times when trains are transiting the rail line.
E.
Water and sewer resources. Water and sewer resources to the site shall be adequate for firefighting purposes and to support any industrial processes proposed for the site.
§ 215-154 Site reuse permit.
A.
Upon designation of an RRBR, any use permitted by right in the RRBR district (not by conditional use permit nor special permit) shall be permitted subject to a site reuse permit issued by the Building Inspector and Town Engineer. Notwithstanding the requirements of § 215-59, no site plan approval nor public hearing shall be required for issuance of a site reuse permit.
B.
Issuance of a site reuse permit shall be subject to the following restrictions:
(1)
The site reuse permit shall apply to an area of no less than 10 acres.
(2)
All codes of the State of New York shall be met.
(3)
A stormwater pollution prevention plan shall be approved by the Town Engineer for the entire site subject to the site reuse permit.
(4)
The proposed reuse shall not exceed any Type 1 thresholds of SEQR.
(5)
The proposed reuse shall include no more than 4,000 square feet of new interior floor area as compared to site conditions at the time the RRBR was landed.
(6)
No new building is proposed with a height greater than 30 feet.
(7)
The proposed reuse of the site shall not generate more than 24 average daily trip ends over any Town Road by diesel-powered commercial vehicles with a gross vehicle weight of more than 8,500 pounds.
(8)
The permit shall be for a use permitted by right in the RRBR district (not a special permit use).
(9)
A detailed description of chemicals and hazardous materials to be stored or used on-site as well as the mechanical, compressive and chemical processes proposed for the site with the corresponding OSHA 2206 code requirements and the applicant's proposed means of meeting those criteria shall be provided.
C.
Fee required. The issuance of a reuse permit shall be subject to any application fee imposed by the Town Board. Additionally, the Town Board upon recommendation of the Building Inspector and/or Town Engineer may require an annual fee be paid to offset the costs of inspections and administration of the reuse permit on an ongoing basis.
§ 215-155 Petition contents.
A petition to apply the RRBR Floating Zone to a parcel or parcels shall be made to the Town Board and contain the following information. The applicant may include or the Town Board may require exhibit maps, figures and renderings to be submitted, and any such materials shall be prepared by professional engineers, architects, or surveyors duly licensed in the State of New York.
A.
A project narrative that discusses how the proposal would be consistent with the planning objectives of the Town as well as the criteria listed in § 215-153.
B.
C.
A description of the proposed use of the site, including:
(1)
A description of the types of materials to be stored or utilized on-site, especially any hazardous or controlled materials.
(2)
A description of any heavy equipment to be utilized on the site, including, but not limited to, cranes, bulldozers, loaders, etc., and a description of the average noise levels associated that will be experienced at the lot line of any sensitive users within 1,000 feet.
(3)
A description or plan of any new construction proposed on the site at the time of RRBR petition.
(4)
A description or plan of the extent of grading required to prepare the site for reuse.
(5)
A description of the permits necessary to utilize the site as proposed as well as the agency responsible for issuing each permit.
(6)
Proof of freight access to the Hudson River and/or rail sidings, or a description of proposed access facilities. Where access facilities are not present, the Town Board may condition the landing of the RRBR upon provision of such facilities within a reasonable time frame.
(7)
A description of any manufacturing processes proposed for the site, including a description of any noise, odors, liquid discharge or air emission associated with the process.
(8)
A description or plan of any on-site or off-site infrastructure or utility improvements proposed to support the proposed use, including, but not limited to, access road, emergency access road, water, sewer, natural gas, and electric.
(9)
Where more than 25% of goods or materials is proposed to be shipped over local streets, a traffic impact study shall be provided, detailing the impacts on local traffic.