Copake Town City Zoning Code
ARTICLE V
Supplementary Regulations
§ 232-11 General provisions.
A.
Fences and walls. Fences or walls within a front yard shall not exceed four feet in height. Fences or walls in a side or rear yard shall not exceed six feet in height. These regulations shall apply to all fences or walls, with the exception of fences required under Chapter 156 of the Code of the Town of Copake pertaining to junkyards and motor vehicle storage areas. The Town Building Inspector may authorize a retaining wall in excess of the foregoing height limitation when it is determined that the same is necessary for the proper safety and preservation of persons or property. Notwithstanding the above, no fence or wall shall be erected or constructed within 50 feet of an intersection without obtaining prior authorization of the Building Inspector and Highway Superintendent. Where corner sight distances are required for traffic safety, permissible heights will be reduced as required by the Town Highway Superintendent and Town Building Inspector.
B.
Sewage systems. No person shall undertake to construct any new building or structure in the Town, or increase in an existing building or structure the number of bedrooms or rooms that the Building Inspector determines meet the specifications of a bedroom, including the conversion of an existing room, whether or not used as a bedroom, without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage, domestic or trade wastes, in accordance with applicable regulations of the Town and the Columbia County Department of Health, and with the provisions below.
(1)
Wells shall be located at least 100 feet from the closest point of any component of such sewage system.
(2)
No septic tank or absorption field shall be located closer than 150 feet from a stream, creek, lake, pond, wetland or other body of water.
(3)
In addition to approvals required in connection with construction of a new building or structure, sewage system approval shall be required when one or more of the following occur:
(a)
A change in use that would be expected to result in an increase in water usage;
(b)
Total rebuilding of dwelling, building, or structure;
(c)
The expansion or modification of an existing building or structure, which is served by an existing sewage system, so as to increase the number of bedrooms or rooms that meet the specifications of a bedroom;
(d)
Replacement or repair of a failed sewage or septic system.
(4)
When a sewage system approval is required, the applicant must, prior to the issuance of a building permit, either:
(a)
Provide plans for a new or modified sewage system, certified by a licensed engineer to be adequate for the structure or building and in conformity with all applicable laws and regulations, subsequent to its expansion or modification; or
(b)
Provide certification by a licensed engineer that establishes the adequacy of the existing system to serve the expanded or modified building or structure.
(5)
Determinations of adequacy shall treat each room that meets the specifications of a bedroom as if it were a bedroom, whether or not it is intended by the applicant to be used as such.
(6)
A failed septic system includes replacement of a tank, failed fields, failed soil at laterals such that the soil no longer absorbs effluent, and structural failure of the leaching cylinders.
(7)
For the minor repair of a septic or sewage system, the contractor must provide a document to the Building Inspector detailing the repair.
(8)
If an existing septic or sewage system is being replaced, it must be designed and approved by a licensed engineer or by the Columbia County Board of Health.
(9)
Prior to the construction, renovation or alteration of a structure on a community septic system which would result in an increase in the number or bedrooms or room that could be used as a bedroom, the applicant must provide documentation that the community system allows for and can accommodate such increased use. In addition, in such case, the septic system must meet current Health Department standards.
(10)
Should a residence or structure served by a septic system be removed from the site or the existing septic system abandoned, future construction is considered new and all requirements for new construction must be met. If the septic system remains, a licensed engineer must certify the system's functionality and adequacy for the structure and use to be served.
(11)
In all cases of an installation or replacement of a sewage system, the owner shall provide the Building Inspector with a copy of the septic system design, certified by a licensed engineer.
C.
Electric installation. All new utilities wires and connections shall be put underground whenever possible.
D.
Environmental protection.
(1)
The spreading of manure or fertilizer for residential, commercial or agricultural purposes shall not take place within 100 feet of a stream, creek, lake, pond, wetland, or other body of water.
(2)
No development shall take place within 100 feet of a stream, creek, lake, pond, wetland or other body of water, except that an open porch or deck attached to a residence shall be exempt from such restriction, provided that all other requirements can be met, and provided that such porch or deck shall never be enclosed.
E.
Driveway requirements. Driveways require a building permit. For reasons of traffic and pedestrian safety, as well as to provide for possible future road widening or other improvements, all new driveways entering onto any street shall comply with the requirements of this subdivision and shall be subject to the approval of the Town Highway Superintendent. Where such driveways are part of a subdivision application or site plan approval, they shall also be subject to Planning Board approval.
(1)
In the RU District, no driveway centeline shall intersect a street line less than 75 feet from the intersection of any two street centerlines.
(2)
The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a road shall not exceed 10% between the street and the front setback line, except where it can be demonstrated to the satisfaction of the reviewing board or official that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of such a driveway is infeasible. In such a circumstance, a steeper grade may be approved, provided that the increase in driveway grade is the minimum increase necessary to provide access.
(3)
The maximum grade for new driveways accessory to uses other than single-family dwellings shall not exceed 7% between the street and the front setback line, except that the reviewing board or official may permit increased grades as in Subsection E(2) above, provided that such grades shall not exceed 10%.
(4)
Notwithstanding the maximum permitted grades specified above, no driveway shall have a platform grade in excess of 3% within 30 feet of the edge of the pavement or travel way or within 25 feet of the property line of the road, whichever is a greater distance from the center of the road or travelway. The Planning Board may require a greater distance in situations where, because of the nature of the proposed use, substantial traffic volumes and/or truck usage are anticipated.
(5)
No driveway opening shall be allowed where the sight distance in feet in both directions is less than 10 times the posted speed limit in miles per hour (e.g., 400 feet of sight distance in both directions is required where the speed limit is 40 miles per hour). In the event that road frontage of the property specified on an application is situated such that no driveway opening may be constructed with the full minimum sight distance in both directions as required herein, such opening may be permitted only upon obtaining approval of the Highway Superintendent. Approval by the Highway Superintendent may require the driveway opening to be located to allow for maximum sight distance in both directions.
(6)
The angle of driveway openings with Town highways shall be as close to 90° as is practicable.
(7)
Except as otherwise provide in this section, the maximum number of driveway openings to a Town highway shall be one per building lot having 150 feet of frontage or less. Where frontage exceeds 150 feet, the Highway Superintendent may allow more than one driveway opening.
(8)
The minimum width of a residential driveway opening shall be 20 feet.
(9)
The sizes and slopes of driveway storm drains and culverts within the Town highway right-of-way shall be specified by the Highway Superintendent. The owner shall bear all costs for pipe, grating, paving and other construction materials required within the Town right-of-way.
(10)
Driveway storm drains and culverts furnished by an applicant may be installed by the Town Highway Department, at its convenience, unless the permittee requests to install such drains and culverts or is directed to do so by the Highway Superintendent. All driveway and drainage construction and materials shall be subject to the approval of the Highway Superintendent and the Building Inspector.
(11)
Driveways shall be set back at least 10 feet from side lot lines.
(12)
Intense-use driveways.
(a)
The maximum number of intense-use driveway openings to a Town highway shall be two per building lot having 250 feet of frontage or less. Where frontage exceeds 250 feet, the Highway Superintendent may allow more than two driveway entrances.
(b)
Driveways and parking areas shall be designed so that no parking, loading or servicing of vehicles will take place within the Town's right-of-way and so that no vehicles will be required to back onto the Town road to gain ingress or egress to the abutting property.
(c)
The maximum width of an intense-use driveway opening shall be 40 feet, and the minimum driveway opening width shall be 20 feet.
(d)
Island areas shall be required to define the location of driveways and to create a median strip between the Town highway surface and facilities on adjacent properties. The island areas shall have a minimum length of 20 feet and a minimum width of six feet.
(e)
Island areas shall be defined by six-inch curb guardrails or other suitable materials and shall have grass or blacktop surfaces.
(13)
Common driveways.
(a)
In addition to the provisions generally applicable to driveways within this subsection above, the following shall also apply to common driveways.
(b)
The maximum number of lots sharing a common driveway shall be four.
(c)
The minimum width of the right-of-way access for a common driveway shall be 50 feet.
(d)
The common driveway must provide safe access for fire, police and emergency vehicles. If a common driveway exceeds a distance of 500 feet from the edge of the connecting public right-of-way, a turnaround for emergency vehicles, approved by the Planning Board, shall be required.
(e)
When more than one lot shares a common driveway the owner(s) shall cause to be recorded in the Columbia County Clerk's office a declaration of covenants, restrictions and easements in a form acceptable to the Town's Attorney, which shall at a minimum provide for:
[1]
Reciprocal easements for use of said driveway of each owner of a lot served by such common driveway in said subdivision;
[2]
A declaration that the Town has no responsibility for the maintenance of said driveway; and
[3]
Maintenance of the driveway to be paid for by the owners of the lots. Maintenance shall include normal upkeep, reconstruction, drainage, snowplowing and any and all other costs which may be associated with such driveway.
(f)
Where more than four lots will be served by a common accessway, such accessway shall comply with street specifications as set out in Chapter 197 of the Code of the Town of Copake, "Subdivision of Land."
(14)
No certificate of occupancy can be issued until a driveway is installed in accordance with the above specifications and is approved by the Town Highway Superintendent and Building Inspector.
F.
Rights-of-way. When part of a site plan or subdivision review, all newly approved driveway rights-of-way shall meet the following criteria:
(1)
A right-of-way shall be designated as a minimum fifty-foot-wide right-of-way in the plan and shall be certified by a New York State licensed surveyor.
(2)
The minimum frontage and setback requirements of all lots abutting the right-of-way must meet the standards for rear lots in this chapter of the Town Code.
(3)
Any cul-de-sac within the right-of-way shall meet all requirements of Chapter 149 of the Code of the Town of Copake, "Highway Specifications."
(4)
The location and topography, including soil and drainage conditions, of a right-of-way must contain characteristics that will enable a future street or road to be improved or built under those standards required for a major subdivision as defined in Chapter 197 of the Code of the Town of Copake, "Subdivision of Land."
G.
Sheds. A single enclosed shed on a lot or parcel shall be exempt from the side and rear yard setback requirements otherwise applicable to an accessory building and shall be permitted with a building permit, provided that such shed conforms to all of the following standards:
(1)
The shed may not be closer than 10 feet to any property line and shall not be located in the front yard.
(2)
The shed footprint shall be allowed up to 192 square feet in size and no horizontal dimension (neither length nor width) may exceed 16 feet. The height limit shall be 10 feet.
(3)
No permanent foundation or concrete slab may be installed.
(4)
Storage shall be limited to personal property of the owner or occupant of the premises.
(5)
Storage containers designed or intended to be portable or transportable with contents are not permitted under this subdivision.
(6)
No future conversion to a garage or living space or use other than storage shall be permitted, except in conformity with all requirements for new construction of a garage or living space, and subsequent to the issuance of a building permit therefor.
H.
Trails and sidewalks. In considering major subdivisions and site plans for commercial properties, the Planning Board shall promote multiuse trails, sidewalks, and pedestrian linkages where feasible and appropriate. Sidewalks should be encouraged in the hamlet districts. The Planning Board may require paths, trails or sidewalks in other locations and as per major subdivision requirements.
I.
Excavation.
(1)
Excavations shall be permitted only for agricultural use, as excavation for development for which a building permit has been obtained, or for extractive operations for which a special use permit has been issued and any and all required mining or other permits from the New York State Department of Environmental Conservation or other entity with legal jurisdiction have been obtained. Such excavation shall not affect natural drainage. All excavations shall meet all NYS DEC stormwater requirements.
(2)
In addition to the above, property owners may move, for filling or leveling, topsoil, sand, stone and gravel on the owners' property, provided said activities meet all of the following conditions:
(a)
Are limited and localized in impact, affecting no more than two acres of the property at one time.
(b)
Do not breach the water table.
(c)
Are reasonably necessary for, and incidental to, carrying out the improvements and/or agricultural uses permitted on the property.
(d)
No excavation within 100 feet of any waterway.
§ 232-12 Prohibited acts.
The following are prohibited in all districts:
A.
A use that customarily violates the provisions of Chapter 160 of the Code of the Town of Copake, "Noise," is prohibited.
B.
Excessive smoke, fumes, gas, odor, dust or any other atmospheric pollutant beyond the boundaries of the lot whereon a use is located. Smoke is excessive when the shade or appearance of such smoke is darker than No. 2 on the Ringelmann Smoke Chart, published by the United States Bureau of Mines.
C.
Any pollution by discharge of any waste material whatsoever into any watercourse, open ditch or land surface.
D.
Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except in accordance with the rules of the public health authorities or the public body controlling such sanitary or sewage disposal system.
E.
Junkyards.
F.
Airports and flying fields. In addition, the use of the surface waters of Copake Lake, Robinson Pond, Upper Rhoda Pond, Snyder Pond and Chrysler Pond for aircraft landings, takeoffs or operation is expressly prohibited.
G.
Natural gas mining and associated uses and activities.
(1)
Prohibition of natural gas exploration or extraction activities. It is an expressly prohibited use in all districts and throughout the Town of Copake to conduct any natural gas exploration or extraction activities, or to place any machinery or equipment or to erect any derrick, building, or other structure for any such purposes.
(2)
Prohibition against the storage, treatment and disposal of natural gas exploration or production wastes. It is an expressly prohibited use in all districts and throughout the Town of Copake to receive, store, transfer, process, treat or dispose of natural gas exploration or production wastes.
(3)
Prohibition against natural gas pipelines. It is an expressly prohibited use in all districts and throughout the Town of Copake to install, construct, place, or use any pipeline in connection with the exploration, production, or transport of natural gas, whether above, below, or upon the surface of the land or any water body.
(4)
Natural gas activities not to be construed as other uses. Extractive operations and soil mining, fuel storage and distribution, or public utility structures and buildings, as defined in § 232-3 of this chapter, do not include, and shall not be construed to include, any use or activity constituting natural gas exploration activities or natural gas extraction activities, and no use or activity constituting natural gas exploration activities, natural gas extraction activities, or storage, treatment and disposal of natural gas exploration or production wastes, shall be permitted, whether as of right or subject to a special use permit, under any other definition or use identified or listed in § 232-3 or in the Table of Use Regulations of this chapter.
(5)
No application to agriculture, water supply, customary local storage, transport, and distribution for local end use. The prohibitions set forth in this subsection are not intended, and shall not be construed, to:
(a)
Prevent or prohibit the right to use roadways in commerce or travel;
(b)
Prevent or prohibit the transmission of natural gas though utility pipes, lines, or similar appurtenances for the limited purpose of supplying natural gas to residents or buildings located in the Town of Copake;
(c)
Prevent or prohibit the incidental or normal sale, storage, delivery or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, propane, or other hydrocarbon or other products in connection with lawful agricultural, residential, business, and other uses within the Town;
(d)
Prevent any activity or use for the purposes of extracting, obtaining, or delivering water for ordinary residential, commercial, industrial, emergency response, or agricultural consumption or use; or
(e)
Prohibit or impair any bona fide agricultural activity or use.
(6)
Penalties for violation.
(a)
In addition to the criminal penalties, fines and other remedies set forth in New York State Town Law § 268 and in this chapter, any person violating any of the provisions of Subsection G of § 232-12 of this chapter (prohibition of natural gas mining and associated uses and activities) shall be subject to a civil penalty of no less than $500 and no more than $5,000 per day for such violation, notwithstanding any provision of this chapter to the contrary. Each day's violation shall constitute a separate and additional violation. An action may be commenced in a court of competent jurisdiction to recover such penalty. In addition thereto, violations of this chapter shall be subject to being restrained by injunctive relief.
(b)
The provisions of this subsection are expressly intended to supersede the penalty provisions of New York State Town Law § 268 to the extent such section may be construed to limit the imposition of civil penalties, as authorized by § 10 of the New York State Municipal Home Rule Law. If a penalty provision of this subdivision shall be adjudged by any court of competent jurisdiction to be invalid, then a person convicted of violating any provision of this subsection shall be subject to the maximum penalties that may be imposed pursuant to §§ 268 and 135 of the New York State Town Law or other applicable law.
(7)
Conflict with other laws and supersession. This subsection shall take precedence over and shall be considered controlling over contrary laws, ordinances and provisions including provisions in the statutes set forth in the New York State Town Law related to zoning and subdivisions.
H.
Extraction of subsurface water for commercial bottling, distribution, or sale.
§ 232-13 Off-street parking and loading.
In all districts except the Hamlet Business district, off-street parking spaces and truck loading spaces for permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered as follows:
A.
The minimum cumulative number of required parking spaces shall be determined from the following list. A fractional result shall be rounded up to the next whole number:
(1)
Single-family dwelling: two per dwelling unit;
(2)
Multifamily: 1.5 per dwelling unit plus 0.25 for each additional bedroom;
(3)
Nursing home, assisted living facility: 0.5 per dwelling unit;
(4)
General and convenience retail: 2.75 per 1,000 square feet gross floor area;
(5)
Grocery store: 6.75 per 1,000 square feet gross floor area;
(6)
Restaurant, bar: 15 per 1,000 square feet gross floor area;
(7)
Offices: 3.8 per 1,000 square feet gross floor area;
(8)
Schools, day-care center: 0.30 per student;
(9)
Theater or other places of public assembly: 0.25 per person where not seated, and 0.3 per seat where seated, based upon capacity;
(10)
Five spaces for each farm stand;
(11)
In addition to the above, one space for each employee for any business or commercial use.
B.
Each space provided shall be at least nine feet wide and 20 feet long with direct and usable driveway access to a street with minimum maneuver area as follows:
(1)
Parallel curb parking: twelve-foot aisle width per direction of traffic flow.
(2)
Thirty-degree parking: thirteen-foot aisle width per direction of traffic flow.
(3)
Forty-five-degree parking: sixteen-foot aisle width per direction of traffic flow.
(4)
Sixty-degree parking: twenty-one-foot aisle, one direction; twenty-six-foot aisle, two directions.
(5)
Right angle parking: twenty-six-foot aisle width.
C.
Location of required parking spaces.
(1)
In the RU, CL, TS, CRS, and H districts, parking spaces may not be located within 10 feet of a property line.
(2)
In the HWB, HB, and MU districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom.
(3)
No entrance or exit drive for a parking area for more than five cars shall be located within 25 feet of any intersection.
D.
Construction. Required parking areas for more than five cars may be paved or constructed with pervious surfaces and must be suitably drained.
E.
Landscaping. At least 8% of the area usable for off-street parking shall be devoted to landscaping. Areas adjacent to residential areas shall be screened. All parking areas shall be properly maintained.
F.
Off-street loading areas are required for funeral homes, hotels, motels, lodges, resorts and business and commercial enterprises. One space shall be provided for each 25,000 square feet or fraction of floor area. Such areas shall not be located on the front or street side of a building.
G.
Dimensions of off-street loading berths. Each berth shall be 35 feet long by 12 feet wide and 14 feet high, except funeral homes, which may be 20 feet by 10 feet by eight feet.
H.
Banking of required parking spaces. Upon approval by the Planning Board, initial construction or surfacing of a number of parking spaces less than that required by this section may be permitted, provided that sufficient land area is designated and reserved to enable the subsequent building out of the number of parking spaces required under this section, as needed. Land reserved for future parking use pursuant to this subdivision may be graded and landscaped only, and no permanent structures or other development may be affixed to or constructed upon such land.
I.
Commercial parking lots in the RU, CL, TS, CRS, and H districts shall only provide parking for the immediate requirements of commercial uses allowed in those districts. Commercial parking lots shall provide, as needed, screening or buffering at the discretion of the Planning Board.
§ 232-14 Sign regulations.
A.
No sign or other device for advertising purposes of any kind may be erected or established in the Town, except as herein provided.
B.
Freestanding signs shall be permitted only when the building is 20 feet or more from the front property line. No sign shall impede sight distances for vehicles.
C.
Signs attached to buildings shall be limited to 10% of the area of the face or side to which it is attached, excluding windows and doors, and not to exceed the sizes shown in Subsection Q below.
D.
One attached and one freestanding sign may be permitted. The height of freestanding signs shall be no more than indicated in Subsection Q below.
E.
Attached signs, suspended at right angles to the building, shall not exceed six square feet in area, shall not project more than 36 inches and shall not overhang the property line. No sign shall impede sight distances for vehicles.
F.
A second freestanding sign may be permitted on corner lots, where a business is located more than 30 feet from the front property line or where the property is more than 200 feet long.
G.
An existing sign that is to be reused for a different business or any other change shall be considered new and require approval.
H.
Identification signs may be interior-lighted with nonglaring lights, including neon lighting, or externally illuminated with fully shielded lights, except that no interior-lighted signs are permitted within the SCOZ. Flashing or intermittent systems of any kind, dynamic text or images, or moving animation systems of text or graphics, are not permitted.
I.
Roof signs, representational signs and signs painted on a building are not allowed. Signs on mansard roofs are not permitted. A mansard roof style (four planes) or any other geometric roof style are roofs, and no signs are permitted on any roof plane.
J.
Temporary advertising signs representing construction or contractor signs are permitted with a maximum size of two square feet. Permission for such signs shall be automatic upon issuance of the work permit for the project.
K.
Window signs shall not occupy more than 25% of each window or the permitted size, whichever is the lessor of the two.
L.
Traffic signs, municipal signs and emergency signs are permitted as authorized by the Town Board.
M.
Banners, pennants, ribbons, streamers, spinners or revolving devices shall not be used as part of a sign or to attract attention for commercial purposes.
N.
All signs must be kept clean, neatly painted and free of hazards.
O.
All signs that are part of a project that requires site plan or special use permit approvals shall be reviewed by the reviewing board at the time of project review.
P.
Business signs shall be permitted only on the property on which the business is located, except for one additional directional sign allowed on another property.
Q.
The size of signs shall be limited as follows. If more than one of the following descriptions applies, the more limiting shall apply:
Type of Sign | Sign Permit Required | First Sign Area (square feet) | Second Sign Area (square feet), if permitted | Height of Sign (feet) |
|---|---|---|---|---|
In residential districts, permitted nonresidential signs, including place of worship, library, social club, etc. | Yes | 12 | 10 | 10 |
Business signs, any district | Yes | 24 | 16 | 12, but may be required to be lower based on site conditions |
Professional or personal name signs for home occupation | No | 2 | No | 6 |
Second sign on building when a freestanding sign is permitted | Yes | — | 24 | 10 |
Signs on community poles, per business or establishment | Yes | 6 | 6 | 8 |
Real estate signs (sale, rent) | No | 6 | No | |
Posting notice to public (hunting, fishing, etc.) | No | 1 1/2 | 1 1/2 | |
Signs in SCOZ | Yes | 24 | 12 | 4 |
R.
Any violations of the sign regulations shall be treated the same as any other zoning regulations. See §§ 232-25 and 232-26 of this chapter.
S.
For any sign that is found to be unsafe or insecure or be a menace to the public, the same procedure shall be followed, except that if the Code Enforcement Officer shall find that there is immediate danger, the sign may be summarily removed and without notice.
T.
LED and full screen lighted signage. In addition to complying with the requirements of § 232-15, Lighting, illuminated signs shall comply with the following:
(1)
Flashing or intermittent systems of any kind, dynamic text or images, or moving animation systems of text or graphics, are not permitted.
(2)
Signs shall revert to "black screen" in the event of a failure of any kind.
§ 232-15 Lighting.
A.
Applicability.
(1)
This section is applicable to lighting associated with any use that is or would be subject to site plan review pursuant to § 232-21B of this chapter, regardless of whether or not such use was previously subject to site plan review, and to all major subdivisions.
(2)
Where there is a conflict between this section and state or federal regulations, the standards of the higher authority shall apply, provided that the more stringent standard shall be applicable unless prohibited by superseding authority.
(3)
New installations. All outdoor lighting installed after July 15, 2018, shall conform to the standards set forth herein. Special regulations govern the lighting of signage. All signs shall comply with the provisions of § 232-14, Sign regulations, and of this section.
(4)
Nonconforming outdoor lighting. No replacement or installation of new lighting fixtures or poles shall be permitted unless in conformance with this section. All outdoor lighting fixtures installed prior to July 15, 2018, shall be brought into compliance with the provisions of this section when part of a site plan review or renovation where more than 50% of the existing nonconforming lighting will be changed or replaced.
(5)
Town compliance. All government-owned and -operated properties and facilities shall be brought into conformance with the provisions of this section when a luminaire replacement is made or when funding becomes available to undertake a comprehensive lighting replacement program.
(6)
Lighting districts. All streetlights owned and maintained by the Town shall be replaced in accordance with Subsection A(4) above. All lights owned and maintained by a utility company shall be brought into conformance with the provisions of this section when a luminaire or pole replacement is made.
B.
General requirements for all zoning districts. All new, retrofitted, refurbished and/or modified outdoor lighting that is installed in the Town of Copake shall be the minimum necessary, in both numbers of luminaires and intensity of light, to achieve the intended purpose of the lighting, and shall meet the following standards, as relevant:
(1)
Submission of plans. Projects shall submit all information necessary for the determination by the Building Inspector or Planning Board of compliance with this section. The submission shall contain the following, as required:
(a)
Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture.
(b)
Location and use of adjacent properties.
(c)
Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cut sheets by manufacturers and drawings (including sections where required), glare reduction/control devices, on-off cycle control devices, and mounting devices.
(d)
Photometric data showing an isolux/iso footcandle plot or lux/footcandle grid that demonstrates intensities and uniformity of light emissions.
(e)
Statement of the proposed hours and days of the week when the luminaires will be on and when they will be extinguished.
(f)
Additional information that the review authority determines is necessary.
(2)
Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed after approval has been issued, a change request shall be submitted to the appropriate review authority for revised approval.
(3)
All exterior lights and sign illumination shall be designed, located, installed, and directed in such a manner as to:
(a)
Prevent glare, light trespass or light pollution; and
(b)
Be shielded and cut off the extent feasible so as to confine the light within the target area.
(c)
Be so directed or shaded as not to cause glare on nearby residential property nor cause a traffic hazard due to glare or color.
(4)
Outside lighting shall conform to dark sky standards adopted from time to time by resolution of the Copake Town Board and on file with the Town of Copake Building Department.
(5)
Time controls. Night lighting, after business hours, shall be limited to that necessary for site security.
(6)
To reduce off-site glare, lighting fixtures for all parking and pedestrian areas shall be:
(a)
Full cut-off type fixtures; or
(b)
Fully shielded/recessed fixtures where the lens is recessed or flush with the bottom surface.
(7)
Lighting fixtures for building security or aesthetics and any display purposes shall be:
(a)
Full cut-off or fully shielded/recessed.
(8)
Where outdoor playing fields or other special outdoor activity areas are to be illuminated, lighting fixtures shall be specified, mounted and aimed so that:
(a)
The lighting fixture's beams fall within the primary playing area and immediate surroundings, and
(b)
No direct lighting trespass or light pollution is created.
(9)
The maximum light level of any light fixture must not exceed 0.1 footcandle measured at the property line at any given point for adjacent parcel with residential zoning or residential use. Commercial exception applies where commercial uses are directly adjacent and require similar lighting, such as in areas of shared parking and drive aisles.
(10)
The height of pole-mounted luminaires, except street lights in public rights-of-way, shall be the minimum necessary to provide adequate illumination, but the light source shall not exceed a height of 14 feet in pedestrian areas and 18 feet in areas of vehicular use (parking lots and drive aisles), as measured from the bottom of the light source. Luminaires attached to the building shall be limited to the height necessary for illumination of entrances or locations not served by pole lighting. In no case shall a building fixture be mounted on the roof.
(11)
LED lighting shall be 3000 Kelvin or lower to provide good visibility and a warm lighting color.
(12)
Illuminance and uniformity. Parking lots shall have an average lighting level at or below one footcandle. High-security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the recommended range. Pedestrian walk areas shall have a minimum light level of 0.2 footcandle. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.
(13)
Exemptions. The following forms of lighting are exempted from the requirements of the lighting regulations set out in this section:
(a)
Temporary circus, fair, carnival, religious, historic, or civic uses.
(b)
Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
(c)
Temporary holiday lighting for no more than two months per year.
C.
Architectural and landscape lighting.
(1)
All fixtures shall be aimed and/or shielded to illuminate only the target area such that no stray light from the luminaire passes above the horizontal plane.
(2)
Upward-aimed facade and building lighting shall be fully shielded and fully confined from projecting into the sky by the building eaves, roofs, overhangs, or structures and shall be mounted as flush with the illuminated wall as possible.
D.
Canopy and service lighting. Outdoor sales and gas station service canopy lighting shall be aimed downward and installed such that the center of the fixture's luminous opening is flush with or recessed into the canopy ceiling. All lighting from the canopy must be substantially confined to the ground area beneath the perimeter of the canopy. All exterior lighting for canopies and/or service areas shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves on the principal building or at ground level in the landscaping. Exterior lighting shall be arranged and shielded so there shall be no glare or reflections onto adjacent properties or street rights-of-way.
E.
Residential subdivision pedestrian areas. All roads built as part of a major subdivision shall have pedestrian lighting where sidewalks are located. Lighting shall meet the above general requirements of this section, and shielding shall be provided to eliminate night trespass on adjacent homes and yards. Lighting levels for pedestrian walks shall have a minimum lighting level of 0.2 footcandle.
F.
Inspections. The Zoning Enforcement Officer or Building Inspector may conduct post-installation nighttime inspection to verify compliance with the provisions of this section and may order remedial action, as necessary for compliance.