§213-336. Required landscaping.
| |||||||
| |||||||
A. A minimum of thirty percent (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. An front yards shall be suitably shrubbed, landscaped and maintained.
| |||||||
| |||||||
B. There shall be one (1) street tree for every thirty (30) feet of street frontage, set back no more and no less than fifteen (15) feet from the curbline.
| |||||||
| |||||||
C. 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.
| |||||||
| |||||||
D. 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.
| |||||||
| |||||||
§213-337. Occupancy.
| |||||||
| |||||||
No building or structure erected pursuant to this Article, other than predesignated office buildings or financial institutions, shall be occupied or used by more than one (1) tenant or devoted to more than one (1) use authorized by this Article, except when expressly authorized by the Town Board. | |||||||
| |||||||
§213-338. Loading berths.
| |||||||
| |||||||
A. 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 (1) loading berth for the first five thousand (5,000) square feet of gross floor area of building or fractional part thereof, plus one (1) loading berth for each additional ten thousand (10,000) square feet of gross floor area or fractional part thereof.
| |||||||
| |||||||
B. The minimum required size of each loading berth shall be twelve by fifty-five (12 x 55) feet and shall have a vertical clearance of fourteen and one-half (14 ) feet.
| |||||||
| |||||||
C. 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.
| |||||||
| |||||||
§213-339. Environmental assessment to be filed.
| |||||||
| |||||||
Each applicant will be required to prepare an environmental assessment [similar to that required by the New York State Environmental Quality Review Act (SEQRA)] and to file this assessment with the Planning Board, and it shall accompany the site plan application. The regulations of SEQRA shall govern each assessment. | |||||||
§213-340. Review of site plans.
| |||||||
| |||||||
One (1) complete set of the required number of site plans and rendering(s) furnished by the applicant shall be made available by the Planning Board to the Architectural Review Board for its review. This review shall run concurrently with the review of the Planning Board. | |||||||
| |||||||
§213-341. Standards of usage.
| |||||||
| |||||||
It is the intent of these regulations to prevent land and/or buildings within the PIP-1 District zone to be used or occupied in. any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous conditions; noise or vibration; smoke, dust, fumes, odor or other forms of air pollution; electrical or other disturbances; glare or heat; or the disposal of liquid or solid wastes or refuse contrary to the environmental regulations of the Town of Babylon; conditions conducive to the breeding of rodents or insects; or other dangerous or objectionable elements in an amount or manner so as to adversely affect the surrounding area. Any use of land permitted under this Article may be undertaken and maintained if it conforms to all district regulations of this section. | |||||||
| |||||||
§213-342. Property maintenance.
| |||||||
| |||||||
A. 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.
| |||||||
| |||||||
B. 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.
| |||||||
| |||||||
C. 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.
| |||||||
| |||||||
D. All refuse containers are to be stored inside the building structure.
| |||||||
| |||||||
E. 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.
| |||||||
| |||||||
§213-343. Enforcing officer.
| |||||||
| |||||||
The Commissioner of the Department of Planning and Development or his designee shall act as the code enforcer of all the sections contained within this Article. Any person or corporation, including but not limited to the owner, lessee, architect or builder or an agent or employee of any of them who violates or is an accessory to the violation of any section of this Article shall be summonsed and fined by the designated town official in accordance with § 213-345 of this Article. | |||||||
| |||||||
§213-344. Alteration of Planning Board requirements.
| |||||||
| |||||||
All existing Planning Board requirements are to remain in effect. No alterations of a Planning Board approved site plan shall be permitted without submitting a revised site plan to the Planning Board and having that site plan approved in writing by the Planning Board. | |||||||
| |||||||
§213-345. Penalties for offenses.
| |||||||
| |||||||
A. Unless otherwise provided herein, any person who. fails or neglects to comply with any section of this Article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment.
| |||||||
| |||||||
B. Each day's continued violation shall constitute a separate violation.
| |||||||
| |||||||
C. 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.
| |||||||
| |||||||
D. 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.
| |||||||
| |||||||