In accordance with the recommendations and policies
of the Town Master Plan, this district is intended to achieve the
following:
A.
This district specifically provides areas within the
Town for business and industrial firms and offices consisting of a
high level of permanent design quality, extensive amenities, open
spaces and environmental protection.
B.
The district is intended to create visibly high-prestige
environments for uses engaged in research and development in a parklike
setting with extensive amenities and the infrastructure necessary
to conduct business without the need for each use to concern itself
with adverse impacts from adjacent uses.
C.
Places of employment can be located within reasonable
distance of residences of employees.
D.
Development of uses permitted in this district will
strengthen the community's tax base without causing major increases
in demand for governmental services.
E.
Special requirements, such as stringent site planning
standards and aesthetically desirable design criteria, are included
to ensure appropriate and compatible design and uses within the district.
In the Technology and Office Park TOP District,
no building or premises shall be used, and no building or part of
a building shall be erected or altered, which is arranged, intended
or designed to be used, in whole or in part, for any purpose except
the following:
A.
Permitted uses shall be as follows:
(1)
Office buildings for business, professional and medical
use, such as attorneys, accountants, architects, engineers, dentists
and doctors, including all medical specialists, psychiatrists, psychologists,
therapists and chiropractors, banks, insurance agents and real estate
brokers.
(2)
Business, professional and governmental offices.
B.
Conditional uses. Up to 25% of the gross square footage
can be devoted to the following conditional uses. All uses must be
housed in fully enclosed buildings. No outdoor storage is permitted.
The characteristic of all conditional uses is that they are designed
to serve the needs of employees within the TOP District.
(1)
Research, design and development laboratories.
(2)
Light industrial processing and assembly activities.
(3)
Restaurants, quick-print and secretarial services,
banks, personal services, such as dry cleaners (drop-off and pickup
only), barber- and beauty shops, gift shops and motels with conference
facilities which serve the park, day-care facilities, recreation facilities,
clinics and cafeterias (for the exclusive use of employees and guests
of the principal use).
C.
Accessory uses shall be as follows:
(1)
Garages, pump houses, water towers and storage tanks
for other liquid materials in a side or rear yard, and fully enclosed
warehouses and storage facilities.
(2)
In any yard as regulated by the Planning Board: quarters
for caretaker or watchman, gatehouses, transport-system waiting stations,
other structures for security or traffic control purposes, or ornamental
fountains and statuary.
(3)
In addition to meeting the provisions of Chapter 207, Article VI, of these regulations, all signs shall be in conformance with the design standards specified in the preliminary site plan. No other signs will be permitted within this district other than necessary public signs for traffic control and movement.
D.
Prohibited uses. The following uses are prohibited:
(1)
Residences.
(2)
Any use which creates any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution, heat, cold, dampness, electromagnetic or other disturbances; glare; liquid or solid refuse or waste; or any other substance, condition or element, in such manner or in such amount as to, in the opinion of the Planning Board, adversely affect the use of the surrounding area or adjoining premises. In making such determination, the Planning Board shall be guided by performance standards set forth in § 203-168D.
All uses in the Technology and Office Park TOP District shall be subject to site plan approval by the Planning Board in accordance with the requirements of Chapter 217, Article III, of these regulations. In addition to the preliminary site plan, the following items are also required:
A.
Proposed uses for all lots.
B.
Landscaping plans, including planting plan in critical
areas of the district.
C.
The design of the common open space.
D.
The location and design of all signs.
E.
The location and design of exterior lighting fixtures.
F.
Proposed covenants for regulating this district.
G.
Any additional development standards which will be
applied to this district.
All uses shall be subject to all applicable off-street parking and loading requirements set forth in Chapter 205, Articles I and II, of these regulations.
A.
Location. No parking or loading areas shall be located
between a principal building and any public street, except expressways,
or between a principal building and any private street which provides
sole access to their properties or within 10 feet of any property
line.
B.
Area limitations. No parking or loading areas shall
exceed 65 feet in width or 500 feet in length unrelieved by landscaped
areas not less than 10 feet in width.
C.
Landscaping and screening. All parking and loading areas shall be screened from all neighboring properties, public streets and pathways and private streets providing access to two or more properties. All landscaping shall be subject to regulations set forth below in Chapter 207, Article V, of these regulations and the following:
(1)
Preexisting retaining walls, trees or landscaping
shall not be removed except upon written approval of the Building
Inspector, nor shall the existing grade be disturbed except with such
approval. The entire lot, except for areas covered by buildings or
surfaced as parking or service areas, shall be suitably landscaped.
All landscaping shall be properly maintained throughout the life of
any use on said lot.
(2)
Where the lot lines of the subject lot coincide with
those of another lot in residential use or the lot abuts or is traversed
by a residential district boundary, there shall be planted or installed,
along the lot lines thereof, trees, shrubs, berms and/or fencing of
such type and spacing as shall be required by the Planning Board to
adequately screen all operations on the lot from the view of the adjoining
properties.
(3)
Landscaping shall consist of combinations of trees,
berms, hedges, shrubs, fences and vegetative or natural material ground
covers. The sufficiency of amount and size of species or plant material
or nature of other materials shall be subject to the approval of the
Planning Board. In making its determination, the Board may be guided
by other provisions of these regulations, such as the design guidelines
to buffers and linkages.
(4)
All permitted uses and accessory equipment, materials
or activities shall be confined within completely enclosed buildings
or within an area enclosed by a wall, fence, berm or hedge. The design,
size and location of such screening shall be subject to the approval
of the Planning Board. In determining the design, size and location
of such screening, the Board may be guided by other provisions in
these regulations, such as the design guidelines for buffers and linkages.
(5)
Fuel storage tanks, utilized as part of the heating
equipment, shall be located underground or within a building. The
storage of gasoline or chemical or petroleum products shall not be
permitted except as incidental to a laboratory, a production operation
or the servicing of company vehicles and shall be located underground
or within a building.
[Added 7-23-1997 by L.L. No. 5-1997]
All proposed development shall be referred to
the Architectural Review Board for an advisory report prior to the
issuance of the building permit. This review should include an analysis
of all facades, exterior building materials and signage.
All proposed development which has a direct
impact on open space, buffers, linkages or landscaping shall be referred
to the Conservation Board for an advisory report prior to final site
plan approval by the Planning Board.
A.
General purpose. Development of properties in the
Technology and Office Park District shall be planned, constructed
and maintained to create an environment manifesting permanence, quality
and good order. Design of buildings, landscaping and accessory uses
shall be directed to establishment of a campus setting in relation
to other developments on the same property and on neighboring properties
and to be in harmony with environmental factors.
B.
Buildings and structures.
(1)
Exterior materials. The exterior of all principal
buildings shall be in architectural harmony and generally of masonry
materials to have a permanent color and form. Accessory buildings
faced with less permanent material shall be screened from all neighboring
residential streets exterior to the project, pathways and properties.
(2)
Mechanical equipment and tanks. Such features as pumps,
air-conditioning equipment, tanks or cooling towers, located on rooftops
or adjacent to buildings, shall be enclosed within walls of a material
in harmony with that of the main walls of the building. Such equipment
located away from a building shall be screened by fences, berms, hedges
or other plantings or a combination thereof sufficient to screen such
equipment from neighboring properties, streets and pathways exterior
to the project.
(4)
Solar energy collection devices. All such devices designated for direct collection of solar rays or wind energy systems shall be subject to requirements of § 203-162D(1) and (2) of this article and Chapter 207. All such devices shall be located or screened or, if attached to a principal building, shall be in architectural harmony, so that in the opinion of the Planning Board, such devices shall not cause effects contrary to the provisions of §§ 203-161 and 203-162D(1) and (2) of this article. In determining compliance with these requirements, the Board may be guided by other requirements of these regulations.
C.
Illumination of grounds. The exterior portions of properties may be illuminated to provide safe passage and security. All illumination shall be subject to requirements of Subsection D(4)(h), (i) and (j) of this section. Illuminating devices shall be so located and screened so that, in the opinion of the Planning Board, such illuminating devices shall not cause effects contrary to the provisions of §§ 203-161 and 203-162D(1) and (2)of this article.
D.
Performance standards. All uses subject to the requirements
of this section may be established and maintained if their operation
is approved by the Planning Board as being in conformance with the
standards and regulations limiting dangerous and objectionable elements,
such as dust, smoke, odor, fumes, noise or vibration. In approving
the site plan, the Planning Board shall decide whether the proposed
use will conform to the applicable performance standards. The applicant
shall submit to the Planning Board a written report showing the manner
in which the proposed use will comply with the performance standards.
Any building permit or certificate of occupancy shall be conditioned
on, among other things, the applicant's paying the fee for services
of such expert consultants as the Planning Board may call upon for
advice as to whether or not the applicant's completed buildings and
installations will conform in operation to the applicable performance
standards. When the use of such consultant is required by the Planning
Board, the applicant shall deposit the sum of $500, to be applied
to the fee of such consultant. Any proceeds of such deposit not used
for said consultant shall be returned to the applicant, and any deficiency
shall be made up by the applicant within 15 days following a request
therefor by the Planning Board and, in any event, prior to the issuance
of a building permit or certificate of occupancy. The continued effectiveness
of the certificate of occupancy shall be conditioned on the continuous
conformance of the applicant's completed buildings, installations
and uses to the applicable performance standards.
(1)
Uses subject to the performance standards procedure.
Only manufacturing and research, experimental and testing laboratory
uses and uses accessory thereto shall be subject to the performance
standards procedure in obtaining a building permit. However, if the
Building Inspector has reasonable grounds to believe that any other
proposed use violates any of the performance standards and reports
accordingly to the Planning Board, then the applicant shall comply
with the performance standards procedure.
(2)
Enforcement provisions applicable to other uses. Initial
and continued compliance with the performance standards is required
of every use, including those already existing on the effective date
of these regulations. Provisions for enforcement of continued compliance
with performance standards shall be invoked by the Building Inspector
against any uses if there is reasonable grounds to believe that the
performance standards are being violated by such use.
(3)
Performance standards procedure.
(a)
An application for a building permit or certificate
of occupancy for a use subject to the performance standards procedure
shall include a plan of the proposed construction and a description
of the proposed machinery, operations and products and specifications
for the mechanisms and techniques to be used in restricting the emission
of any dangerous and objectionable elements. The applicant shall also
file with such plans and specifications an affidavit acknowledging
his understanding of the applicable performance standards and stating
his agreement to conform to same at all times. No applicant will be
required to reveal any secret processes, and any information which
may be designated by the applicant as a trade secret and submitted
herewith will be treated as confidential. During the course of site
plan review, the Planning Board will determine if the applicant's
proposal falls within the performance standards.
(b)
The Planning Board may require a report by one
or more expert consultants retained by the Planning Board or retained
by the applicant and approved by the Planning Board, to advise as
to whether the proposed use will conform to the applicable performance
standards. The consultant shall report to the Board within 20 days,
and a copy of his report shall be promptly furnished to the applicant.
The cost of any such special reports by expert consultants shall be
paid by the applicant.
(4)
Performance standard regulations.
(a)
Fire and explosive hazards. All activities involving,
and all storage of, flammable and explosive materials shall be protected
at all times with adequate safety devices against the hazard of fire
and explosion and adequate fire-fighting and fire-suppression equipment
and devices standard in industry. Burning of waste materials in open
fires is prohibited at any time. The relevant provisions of state
and local laws and regulations shall also apply.
(b)
Vibration.
[1]
No vibration shall be produced which is transmitted
through the ground and is discernible without the aid of instruments
at or beyond the lot lines, nor shall any vibrations produced exceed
two-thousandths (0.002)g peak at up to a frequency of 50 cycles per
second, measured at or beyond the lot lines using either seismic or
electronic vibration-measuring equipment.
[2]
Vibrations occurring at higher than a frequency
of 50 cycles per second or a periodic vibration shall not induce accelerations
exceeding one-thousandth (0.001)g. Single-impulse periodic vibrations
occurring at an average interval greater than five minutes shall not
induce accelerations exceeding one-hundredth (0.01)g.
(c)
Noise.
[1]
The maximum decibel level radiated by any use
or facility at any lot line shall not exceed the values in the designated
octave bands given in Table I. The sound-pressure level shall be measured
with a sound-level meter and associated octave-band analyzer conforming
to standards prescribed by the American Standards Association. (American
Standard Sound-level Meters for Measurement of Noise and Other Sound,
Z24.3-1944, American Standards Association, Inc., New York, and American
Standard Specifications for an Octave - Bank Filter Set for the Analysis
of Noise and Other Sounds, Z24.10-1953, American Standards Association,
Inc., New York, New York, shall be used.)
|
Frequency Band
(cycles per second)
|
Maximum Permitted
Sound-Pressure Level
(decibels)
|
|---|---|
|
0 to 75
|
69
|
|
75 to 150
|
60
|
|
150 to 300
|
56
|
|
300 to 600
|
51
|
|
600 to 1,200
|
42
|
|
1,200 to 2,400
|
40
|
|
2,400 to 4,800
|
38
|
|
4,800 to 10,000
|
35
|
[2]
Where any use adjoins a residential district
at any point at the district boundary, the maximum permitted decibel
levels in all octave bands shall be reduced by six decibels from the
maximum levels set forth in Table I.
(d)
Smoke. The density emission of smoke or any
other discharge into the atmosphere during normal operations shall
not exceed visible gray smoke of a shade equal to or darker than No.
2 on the standard Ringlemann Chart. (A Ringlemann Chart is a chart
published by the United States Bureau of Mines, which shows graduated
shades of gray for use in estimating the light-obscuring capacity
of smoke.) These provisions applicable to visible gray smoke shall
also apply to visible smoke of a different color but with an apparently
equivalent capacity.
(e)
Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, in Table III, Odor Thresholds, in Chapter 5, the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.
(f)
Fly ash, dust, fumes, vapors, gases and other
forms of air pollution. No emission shall be permitted which can cause
any damage to health, animals, vegetation or other forms of property
or which can cause any excessive soiling at any point beyond the boundaries
of the lot. The concentration of such emission on or beyond any lot
line shall not exceed one-tenth (0.1) the maximum allowable concentration
set forth in Section 12-29 of the Industrial Code Rule No. 12, relating
to the control of air contaminants, adopted by the Board of Standards
and Appeals of the New York State Department of Labor, effective October
1, 1956, and any subsequent standards.
(g)
Electromagnetic radiation. It shall be unlawful
to operate, or cause to be operated, any planned or intentional source
of electromagnetic radiation which does not comply with the current
regulation of the Federal Communications Commission regarding such
sources of electromagnetic radiation, except that, for all governmental
communications facilities, governmental agencies and government-owned
plants, the regulations regarding such sources of electromagnetic
radiation of the Interdepartment Radio Advisory Committee shall take
precedence over the regulations of the Federal Communications Commission.
Further, said operation in compliance with the Federal Communications
Commission or the Interdepartment Radio Advisory Committee regulation
shall be unlawful if such radiation causes an abnormal degradation
in performance of other electromagnetic radiators or electromagnetic
receptors of quality and proper design because of proximity, primary
field, blanketing, spurious reradiation, harmonic content, modulation
or energy conducted by power or telephone lines. The determination
of abnormal degradation in performance and of quality and proper design
shall be made in accordance with good engineering practices, as defined
in the latest principles and standards of the American Institute of
Electrical Engineers, the Institute of Radio Engineers and the Electronic
Industries Association. In case of any conflict between the latest
standards and principles of the above groups, the following precedence
in interpretation of the standards and principles shall apply: American
Institute of Electrical Engineers; Institute of Radio Engineers; and
Electronic Industries Association.
(h)
Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.
(i)
Heat. Heat emitted at any or all points shall
not at any time cause a temperature increase on any adjacent property
in excess of five degrees Fahrenheit, whether such change is in the
air or on the ground, in a natural stream or lake or in any structure
on such adjacent property.
(j)
Glare.
[1]
Direct glare. No such direct glare shall be
permitted, with the exception that parking areas and walkways may
be illuminated by luminaries so hooded or shielded that the maximum
angle of the cone of direct illumination shall be 60º drawn perpendicular
to the ground, and with the exception that such angle may be increased
to 90º if the luminary is less than four feet above the ground.
[2]
Indirect glare. Indirect glare shall not exceed
that value which is produced by an illumination of the reflecting
surface, not to exceed three-tenths (0.3) footcandle (average). Deliberately
induced sky-reflected glare, as by casting a beam upward for advertising
purposes, is specifically prohibited.
[3]
Liquid or solid waste. No discharge shall be
permitted at any point into a public sewer or stream or into the ground,
except in accord with standards approved by the State and County Departments
of Health, Monroe County Pure Waters Agency and local ordinances,
of any materials of such nature or temperature as can contaminate
any water supply or otherwise cause the emission of dangerous or offensive
elements. There shall be no accumulation of solid wastes conducive
to the breeding of rodents or insects.
