The Office Building OB District is enacted to develop effective use of the Northern Boulevard frontage through coordinated planning for development emphasizing a visually attractive, landscaped suburban office park environment, screened from village residential districts and effectively designed for motor vehicle access and circulation without creating undue hazards either for other vehicles and pedestrians in the district or for village residents.

In the Office Building OB District, the following regulations shall apply.

Bus passenger shelter.

Religious uses, with the permission of the Board of Trustees, subject to the provisions of this chapter.

Newspaper office.

Office building, bank or financial institution.

Public library, police station, fire station or municipal building.

With the permission of the Board of Trustees, a restaurant.

Scientific research laboratory, excluding manufacture of products for sale or any nuisance or hazardous processes.

Secretarial and business schools.

The following accessory uses, buildings or structures:

With the permission of the Board of Trustees, public utility company electric substations with transformers, regulators, switchgear, usual accessories and protective fencing, provided that the Board of Trustees may require such protective and decorative measures as may be appropriate, including screening and landscaping with trees, shrubs and similar plantings, and such other conditions as may be required to protect the public health, safety and welfare.

Educational uses, with the permission of the Board of Trustees, subject to the provisions of this chapter.

In the case of a property adjoining Northern Boulevard, there shall be a front yard of not less than 15 feet from the Northern Boulevard boundary. Landscaping shall be provided in such front yard as approved by the Planning Board. No building or structure, walkway or driveway shall be permitted in the front yard, except that pedestrian seating, pavement for entry walkways and for pedestrian use and access driveways to the street shall be permitted in the front yard, provided that the aggregate width of such driveways shall not exceed 20% of the lot width at the street line and in no event more than 35 feet.

The front yard planting, walkways and pedestrian areas on the lot shall be screened from any adjacent accessory parking area on the lot by a pierced or solid masonry wall which is at least five feet in height above the adjacent parking area level and which shall be constructed and maintained of material and in a design which are similar and complementary to the materials and design of the main building on the lot or of such other materials or design as are approved in writing in advance by the Design Review Board. Such masonry wall may provide openings as are necessary for ingress to and egress from the accessory off-street parking on said property. At its discretion, the Design Review Board may permit, in lieu of the required five-foot-high masonry wall, a three-foot-high planter with a solid screen of evergreen shrubs not less than two feet higher than the top of the planter box.

Front landscaped areas shall be planted in accordance with Village of Thomaston specifications and the following general standards:

There shall be a rear yard of not less than 45 feet, the last 15 feet of which shall be devoted exclusively to landscape screening and a solid masonry wall. Said masonry wall shall have a height of not less than seven feet above the grade of the contiguous residentially zoned property and shall be located in the boundary line with such residentially zoned property. In general, the village requirements for the rear yard are:

The only permitted use of the rear yard provided for in Subsection A above shall be for:

All buildings in this district shall front on Northern Boulevard. On corner lots, the setback off the secondary side street shall not be less than 15 feet and shall be landscaped in accordance with specifications of the Village of Thomaston. No vehicle entrance or exit shall be permitted on or off the secondary street or through the secondary street setback.

On a corner lot or a lot with a boundary which is on the street line of a road other than Northern Boulevard, the setback yard area off such road shall be screened from any adjacent parking area on the lot by a solid masonry wall which is at least five feet in height above the grade level, constructed and maintained of materials and in a design which is similar and complementary to the materials and design of the main building on the lot unless otherwise provided by the Design Review Board in the same manner as for the masonry wall required under § 203-65 of this Article.

An applicant for an incentive use permit pursuant to this section shall provide to the Board, in addition to any other information customarily required in applications to the Board of Trustees or Board of Appeals for special use permits, a master plan for the entire site where such use or facility is proposed, including a landscaping plan.

A building or lot used or developed as authorized by an incentive zoning permit granted pursuant to this section shall not be used for any use other than that authorized in the incentive use permit.

Notwithstanding any other provision of this chapter to the contrary, and notwithstanding any authority vested in any other board of the Village, an incentive use authorized pursuant to this section shall conform in all respects to the regulations applicable to uses in the Office Building OB District, except that in granting an incentive use permit for such use, the Board of Trustees may permit the use or development of the subject property in a manner other than as provided in such regulations, and subject to such conditions as may be determined by the Board of Trustees, with respect to the following incentives:

Provisions for public amenities. An applicant for an incentive use permit pursuant to this section shall include in any such application a plan or proposal for the provision of community amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Board of Trustees and feasible and adequate, or, in the alternative, by payment of a sum to be determined by the Board of Trustees in lieu of such community amenities, pursuant to Village Law § 7-703. The determination whether any such plan is acceptable, feasible, adequate, or in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees.

In connection with the grant of an application under this section, the Board of Trustees may impose any additional terms and conditions which it finds necessary and appropriate to protect the public health, safety and general welfare.

Public hearing. No incentive use permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. The said public hearing shall be held and conducted in the same manner as if it were a public hearing on an application to the Board of Appeals for a use variance, but the determination whether to grant an incentive zoning permit shall be in the sole discretion of the Board of Trustees.

Costs. As required by Village Law § 7-703, Subdivision 3c, any applicant who applies for an incentive use permit pursuant to this section within five years after the approval of any other incentive use permit pursuant to this section shall pay to the Village a proportionate share of the cost of any generic environmental impact statement and other studies prepared in connection with the enactment of this section or in the authorization of any incentive use permit issued pursuant to this section within the five-year period immediately prior to such application. Said costs shall be added to any other site-specific charges authorized to be imposed on said applicant for environmental studies and review. These costs shall be apportioned among applicants according to the number of applicants required to share in such costs. Monies paid by a prior applicant shall be proportionately reimbursed in the event of a subsequent applicant who may be responsible for, and pays, a portion of these costs.

The determination by the Board of Trustees whether to grant an application for an incentive use permit pursuant to this section shall be in the sole discretion of the Board of Trustees. No person or entity shall have any right to such a permit under any circumstances unless and until such a permit is approved by the Board of Trustees. Any such approval by the Board of Trustees may be granted upon reasonable conditions.

An applicant for an incentive use permit pursuant to this section shall provide to the Board, in addition to any other information customarily required in applications to the Board of Trustees or Board of Appeals for special use permits, a master plan for the entire site where such use or facility is proposed, including a landscaping plan.

A building or lot used or developed as authorized by an incentive zoning permit granted pursuant to this section shall not be used for any use other than that use authorized in the incentive use permit.

Notwithstanding any other provision of this chapter to the contrary, and notwithstanding any authority vested in any other board of the Village, an incentive use authorized pursuant to this section shall conform in all respects to the regulations applicable to uses in the Office Building OB District, except as otherwise authorized in an incentive use permit granted pursuant to this section. In approving an incentive use permit pursuant to this section, the Board of Trustees may grant incentives for the use and development of the subject property and authorize the use or development of the subject property in a manner other than as provided in such regulations, and subject to such conditions as may be determined by the Board of Trustees in approving an incentive use permit, in the following respects:

Provisions for public amenities. An applicant for an incentive use permit pursuant to this section shall include in any such application a plan or proposal for the provision of community amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Board of Trustees and feasible and adequate, or, in the alternative, by payment of a sum to be determined by the Board of Trustees in lieu of such community amenities, pursuant to Village Law § 7-703. The determination whether any such plan is acceptable, feasible, adequate, or in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees. The Board of Trustees shall have authority to require other or different community amenities or payment in lieu thereof, as it may deem appropriate and as permitted by law.

In connection with the grant of an application under this section, the Board of Trustees may impose any additional terms and conditions which it finds necessary and appropriate to protect the public health, safety and general welfare.

Hearing. No incentive use permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. The said public hearing shall be held and conducted in the same manner as if it were a public hearing on an application to the Board of Appeals for a use variance, but the determination whether to grant an incentive zoning permit shall be in the sole discretion of the Board of Trustees.

Costs. As required by Village Law § 7-703, Subdivision 3c, any applicant who applies for an incentive use permit pursuant to this section within five years after the approval of any other incentive use permit pursuant to this section shall pay to the Village a proportionate share of the cost of any generic environmental impact statement and other studies prepared in connection with the enactment of this section or in the authorization of any incentive use permit issued pursuant to this section within the five-year period immediately prior to such application. Said costs shall be added to any other site-specific charges authorized to be imposed on said applicant for environmental studies and review. These costs shall be apportioned among applicants according to the number of applicants required to share in such costs. Monies paid by a prior applicant shall be proportionately reimbursed in the event of a subsequent applicant who may be responsible for, and pays, a portion of these costs.

The determination by the Board of Trustees whether to grant an application for an incentive use permit pursuant to this section shall be in the sole discretion of the Board of Trustees. No person or entity shall have any right to such a permit under any circumstances unless and until such a permit is approved by the Board of Trustees. Any such approval by the Board of Trustees may be granted upon reasonable conditions.

Fees and reimbursements. An applicant for an incentive use permit pursuant to this section shall be required to pay an application fee in an amount as may be determined by the Board of Trustees by resolution. In addition to such application fee, the applicant shall be required to deposit funds sufficient to reimburse the Village's expenses for engineering, environmental, planning, and other professional services reasonably required for review of the application (including reasonable attorneys' fees), the costs of mailing and publishing legal notices, and stenographic expenses for public hearings. Any such deposit shall be replenished by the applicant from time to time upon written request from the Village Clerk in such manner as to maintain a specified balance in such fund. In the event the applicant fails to maintain any required balance, the Village shall not be obligated to process the application further until such time as the required balance is restored. Upon the conclusion of the application or review process by final determination, or by withdrawal of the application, any remaining balance in such fund after payment of all such expenses shall be refunded to the applicant upon written request.

An applicant for an incentive use permit pursuant to this section shall provide to the Board, in addition to any other information customarily required in applications to the Board of Trustees or Board of Appeals for special use permits, a master plan for the entire site where such use or facility is proposed, including a landscaping plan.

A building or lot used or developed as authorized by an incentive zoning permit granted pursuant to this section shall not be used for any use other than that use authorized in the incentive use permit.

Notwithstanding any other provision of this chapter to the contrary, and notwithstanding any authority vested in any other board of the Village, an incentive use authorized pursuant to this section shall conform in all respects to the regulations applicable to uses in the Office Building OB District, except as otherwise authorized in an incentive use permit granted pursuant to this section. In approving an incentive use permit pursuant to this section, the Board of Trustees may grant incentives for the use and development of the subject property and authorize the use or development of the subject property in a manner other than as provided in such regulations, and subject to such conditions as may be determined by the Board of Trustees in approving an incentive use permit, in the following respects:

Provisions for public amenities. An applicant for an incentive use permit pursuant to this section shall include in any such application a plan or proposal for the provision of community amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Board of Trustees and feasible and adequate, or, in the alternative, by payment of a sum to be determined by the Board of Trustees in lieu of such community amenities, pursuant to New York Village Law § 7-703. The determination of whether any such plan is acceptable, feasible, adequate, or in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees. The Board of Trustees shall have authority to require other or different community amenities or payment in lieu thereof, as it may deem appropriate and as permitted by law.

In connection with the grant of an application under this section, the Board of Trustees may impose any additional terms and conditions which it finds necessary and appropriate to protect the public health, safety and general welfare.

Hearing. No incentive use permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. The said public hearing shall be held and conducted in the same procedural manner as if it were a public hearing on an application to the Board of Appeals for a use variance, but the determination of whether to grant an incentive zoning permit shall be in the sole discretion of the Board of Trustees.

Costs. As required by New York Village Law § 7-703, Subdivision 3c, any applicant who applies for an incentive use permit pursuant to this section within five years after the approval of any other incentive use permit pursuant to this section shall pay to the Village a proportionate share of the cost of any generic environmental impact statement and other studies prepared in connection with the enactment of this section or in the authorization of any incentive use permit issued pursuant to this section within the five-year period immediately prior to such application. Said costs shall be added to any other site-specific charges authorized to be imposed on said applicant for environmental studies and review. These costs shall be apportioned among applicants according to the number of applicants required to share in such costs. Monies paid by a prior applicant shall be proportionately reimbursed in the event of a subsequent applicant who may be responsible for, and pays, a portion of these costs.

The determination by the Board of Trustees of whether to grant an application for an incentive use permit pursuant to this section shall be in the sole discretion of the Board of Trustees. No person or entity shall have any right to such a permit under any circumstances unless and until such a permit is approved by the Board of Trustees. Any such approval by the Board of Trustees may be granted upon reasonable conditions as may be determined by the Board of Trustees.

Fees and reimbursements. An applicant for an incentive use permit pursuant to this section shall be required to pay an application fee in an amount as may be determined by the Board of Trustees by resolution. In addition to such application fee, the applicant shall be required to deposit funds sufficient to reimburse the Village's expenses for engineering, environmental, planning, and other professional services reasonably required for review of the application (including reasonable attorneys' fees), the costs of mailing and publishing legal notices, and stenographic expenses for public hearings. Any such deposit shall be replenished by the applicant from time to time upon written request from the Village Clerk in such manner as to maintain a specified balance in such fund. In the event the applicant fails to maintain any required balance, the Village shall not be obligated to process the application further until such time as the required balance is restored. Upon the conclusion of the application or review process by final determination, or by withdrawal of the application, any remaining balance in such fund after payment of all such expenses shall be refunded to the applicant upon written request.