Article IX Supplemental Development Standards

Primary building entrances shall be oriented toward the primary public street or right-of-way with respect to architecture and detailing.

The first floor primary facade shall include a minimum of one architectural feature, such as a covered entrance, raised porch, bay window and similar features.

Primary facades shall have a minimum window coverage of 20%. On a corner lot, both sides facing a street shall be considered primary facades.

Windows shall be transparent (i.e., not heavily tinted).

Buildings fronting more than one street shall have facades consisting of the same materials.

Materials.

The following materials are permitted for use on the facades of new buildings: brick or tile masonry, native stone, wood shingles or clapboard, cementitious siding, vinyl, and stucco or synthetic equivalent. Metal is permitted for beams, lintels, trim elements and ornamentation.

§ 118-79 Building design standards: commercial and other nonresidential uses.

Alternate building materials may be approved by the Code Enforcement Officer and Planning Board. New materials must be considered equivalent or better than the materials listed above.

All facades, other than the primary facade, shall have a minimum window coverage of 15% on all levels and other architectural details approved by the Planning Board. On a corner lot, both sides facing a street shall be considered primary facades.

Exterior window guards and security doors shall be treated as ornamental features and integrated with the design of the building.

Facade composition and materials shall clearly exhibit a base, midsection and crown.

Rooftop mechanical apparatus shall be hidden or screened using a parapet or cornice, or other architectural features as approved by the Code Enforcement Officer and Planning Board.

Applicability.

The standards of this section should apply to the construction of new mixed use residential/nonresidential, commercial or other nonresidential structures in the Town of New Hartford except as provided below. Additional standards with regard to landscaping and screening, lighting, signage and off-street parking located in other sections of this chapter shall also apply and may impact building design and location.

Permitted light industrial, manufacturing, warehouse and distribution uses located in the Manufacturing (M) District shall be exempt from meeting the standards of this section.

Orientation and entrance.

Primary buildings should be parallel to the street frontage property line.

Primary building entrances should be oriented toward the primary public street or right-of-way with respect to architecture and detailing.

All entrances shall be accentuated. Permitted entrance accents include recessed or protruding entrances or the addition of a canopy, portico or overhang.

Materials.

The following materials are permitted for use on the facades of new buildings: brick or tile masonry, native stone, wood shingles or clapboard, cementitious siding, and stucco or synthetic equivalent. Industrial materials such as raw concrete finish, anodized or galvanized metal, tinted glass, plastics and similar materials are prohibited, with the following exceptions:

Roofs may be constructed of metal.

Tinted glass is permitted above the first floor.

Metal is permitted for beams, lintels, trim elements and ornamentation.

An exterior insulation finishing system (EIFS) is permitted for trim and cornice elements only.

Alternate building materials may be approved by the Code Enforcement Officer and Planning Board. New materials must be considered equivalent to or better than the materials listed above.

Walls.

Exterior walls facing a street frontage or parking lot should not be permitted to be blank, with no windows or architectural features, unless approved by the Planning Board.

Walls or portions of walls, where windows are not provided, should have architectural treatments that are similar to the front facade, including materials, colors and details.

Architectural treatments should be integral to the building's construction and not consist of surface-applied trim, graphics or paint.

A mix of architectural elements should be provided for all walls.

Example of commercial establishment with architectural features.

Windows.

Street level primary facades should have a minimum of 40% window coverage and a transparent door area, with views provided into the businesses.

All floors facing a street, right-of-way, parking lot or walkway, other than the street level of the primary facade, should have a minimum of 20% window coverage.

Street level windows should be a maximum of 24 inches above the sidewalk.

Windows should be recessed a minimum of two inches from the facade on all newly constructed buildings.

Windows should be transparent.

When necessary repair or replacement of windows is required, replacement windows should match the original windows in style, configuration and size.

Roofs.

Roofs should be proportional to the rest of the building.

Where flat roofs are used, they should have a parapet or cornice a minimum of 12 inches high.

Rooftop mechanical apparatus should be hidden or screened using a parapet or cornice or other appropriate architectural features.

Massing.

Buildings should be similar in height and size or articulated and subdivided into massing that is more or less proportional to adjacent structures and maintains the existing architectural rhythm.

Nonresidential and mixed use buildings should have an offset of at least a three-foot to five-foot depth for every 50 feet of continuous primary facade. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments.

The building length of the primary facade of any building shall not exceed 175 feet.

Example of massing, offsets and architectural features.

§ 118-80 Fences and walls.

Permit required.

A building permit is required for the installation of a fence or to erect a wall. The applicant shall be required to submit a detailed description of the proposed fence or wall and proposed location and, at the discretion of the Code Enforcement Officer, a contemporaneous survey prepared by a licensed individual may be required. Property pins or other points of reference must be verifiable or otherwise clearly delineated on the property at the time of inspection.

Fences and walls to be erected in any I, C-1, C-2, C-3 or M District shall require a special use permit and shall comply with the requirements set forth by the Planning Board.

The height of all fences and walls shall be measured from the lowest natural grade directly beneath the fence being erected. A fence placed on a man-made berm shall not circumvent measurement requirements from natural grade.

Residential fences shall not exceed six feet in height measured from natural grade and shall be positioned from the frontmost point of a residential building extending back to the furthest point in the designated rear yard. A through lot shall be allowed a six-foot-high fence, providing adjacent lots treat that same side as their rear yard.

Residential fences shall not extend or be positioned forward beyond the frontmost point of a residential building, except in RA and A Zones. In RA and A Zones, residential fences shall be allowed to extend to within two feet of the front property line, provided they are open in style, i.e., picket or split rail, and shall not exceed four feet in height, and shall comply with provisions regarding visibility at street corners. (See § 118-24I.)

Fences may be erected directly on a property line, except those allowed in a front yard, where they must be located a minimum of two feet in back of the front property line, and corner lots, where they must conform with § 118-24I.

Decorative fences, open in style, not exceeding four feet in height, consisting of no more than three posts, and extending no more than eight feet in length in either direction from the center post, shall be allowed in the front yard of any property, except on corner lots, where they must conform to § 118-24I.

Fences that have one finished side and one structural side shall be erected so that the finished side faces toward the immediate adjoining property owner's property.

Fences shall not be installed in a drainage swale or in any easement area.

Fence materials shall be wood, wood composite, brick, vinyl, stone, chain-link, wrought iron or painted steel.

Fences shall be maintained to be aesthetically pleasing and structurally sound. Painted or stained fences shall be maintained accordingly. Fences must not be allowed in any state of disrepair, which includes loose, dangerous, crumbling, missing, broken, rotted or other unsafe portions of fences.

Temporary fences not requiring a Town permit, such as snow fences or vinyl roll fences used to protect a potential hazard created by excavation or construction (examples: swimming pools, utility installation ditches, dwelling foundations, etc.) shall not be allowed more than 90 days in any one year.

All excavations associated with a building permit shall be required to be protected by a temporary fence.

For tennis court fences, refer to § 118-75.

§ 118-81 Landscaping and screening.

Purpose. The purpose of these landscaping and screening requirements is to:

Promote and protect the health, safety and welfare of the public by creating a community environment that is aesthetically pleasing and that promotes economic development through an enhanced quality of life;

Protect public and private investment;

Encourage preservation of existing trees and other significant vegetation;

Encourage proper selection, installation, and maintenance of plant materials that result in the conservation of natural resources, including water;

Reduce the negative environmental effects of development while protecting and enhancing the value of developed properties and the surrounding area;

Reduce soil erosion and increase infiltration in permeable land areas essential to stormwater management; and

Mitigate air, dust, noise, heat, chemical pollution and glare, and other adverse environmental effects of development.

Applicability. This section applies to the following building development:

Any proposed institutional, commercial or industrial development in Schedule A,[1] including expansions of 1,500 square feet or greater to existing buildings, where the principal building(s) are set back at least 20 feet from the front lot line and/or side property line on a corner lot.

Editor's Note: Schedule A is included as an attachment to this chapter.

Any proposed parking lot expansions of 10 spaces or more, whether or not the project is in conjunction with any other new or expansion development, which shall meet the standards of § 118-81F and G.

Any proposed multifamily residential development, including long-term residential care facilities, consisting of four or more dwelling units with a new building or building expansion that amounts to or exceeds either 4,000 square feet or 25% of the assessed valuation of the existing building within any twelve-month period.

General requirements.

A minimum of 20% of a lot on which a new or expanded development meeting the definition of Subsection B(1) above is proposed shall be landscaped. Where projects only include the expansion of a structure, the portion of the lot utilized for the expansion and any additional new accessory uses, including parking, the landscaping requirement is based on 20% of the expansion project land area.

The percentage of landscaping for tree plantings not otherwise incorporated into a planting area shall be measured based on the expected diameter of the tree crown at 15 years or 20 feet, whichever is lesser.

Notwithstanding Subsection C(1) above, the requirements of this section and other sections of this chapter may require that landscaping and screening exceed 20% of the lot.

Any development requiring full site plan approval, as determined by the Planning Board, shall prepare a landscaping plan that meets the landscaping and screening requirements of this section.

Landscaping plans shall be drawn to scale and include existing and proposed pavement and structures, irrigation, vehicular use areas, significant trees and/or landscape features and topographic elevations.

Landscaping required pursuant to an approved site plan shall be installed or funds in an amount equal to the cost of purchasing and installing all landscaping materials, deposited in, or a certificate of deposit issued by, a bank or trust company located and authorized to do business in this state under an agreement approved by the Town Attorney prior to temporary occupancy and installed before the issuance of a final certificate of occupancy. A temporary certificate of occupancy shall only be issued for up to six months for reasons related to the installation of landscaping.

Natural vegetation or stands of trees existing prior to site development may be used toward meeting all or part of the landscaping requirements. Incorporation of native species which have food or habitat value is encouraged.

Required landscaping shall not incorporate trees which have the potential of interfering with overhead power lines.

Plant material size.

At the time of planting, deciduous trees must be at least 2 1/2 inches in caliper measured six inches above the base, and coniferous trees must be at least six feet in height.

A minimum of 25% of the shrubs shall be no less than 24 inches in height or spread.

Maintenance.

Any plant material used in the landscaping project shall be maintained in a healthy growing condition. The property owner shall bear responsibility for maintenance of required landscaping and shall replace, within one year (excluding non-planting-season months), any plant material that dies.

Action upon noncompliance. Failure, neglect or refusal of an owner to perform the required maintenance shall result in a violation of this chapter, and action shall be taken in accordance with the enforcement provisions of Article XIII, Administration and Enforcement.

Building perimeter landscaping planting requirements.

Planting requirements.

Landscaping shall be required in the front yard and, on a corner lot, along any side yard abutting a public right-of-way.

To provide a proper planting area, the minimum dimension of any required planting area must be no less 10 feet in width.

Building landscaping may be composed of trees, shrubs and ornamental plants in any combination, provided that at least 50% of the total required materials are shrubs.

Plant material shall be massed in beds rather than planted as independent units in a lawn.

Simple masses of shrubbery with good scale, a predominance of one species for unity and individual plants for accent are desirable.

Example of massing of plants and shrubbery.

Building landscaping shall abut the building and shall be used or installed in such a manner as to screen mechanical equipment attached to or adjacent to the building; provide direction to and enhance entrances and walkways; and provide visual breaks along blank building facades.

Typical blank wall landscaping.

Perimeter screening requirements.

Purpose. The purpose of these screening requirements for certain uses and locations of development is to provide landscaped separations between residential and nonresidential uses where an incompatibility may exist and screen from view certain land uses that may create visual clutter and distraction.

Applicability. The following land use development must provide landscaping on the perimeter of the site:

Uses in the C-1 and M Districts must provide perimeter landscaping along site boundaries that abut lots zoned A, RA, LDR, MDR or HDR.

Uses that specifically require perimeter landscaping as part of any additional regulations required in Article VIII, Additional Regulations of Specific Uses, shall meet the standards of this Subsection E.

Requirements.

Each planting area shall be a minimum of 10 feet in width.

A screen of at least eight feet in height at the time of planting that results in a noise- and sight-obscuring buffer that is any one or a combination of the following methods shall be required:

A solid row of evergreen trees or shrubs.

[2]

A solid row of evergreen trees and shrubs planted on an earthen berm an average of three feet high along its midline.

[3]

A combination of trees or shrubs and fencing (metal or wood) or wall (brick, masonry or textured concrete).

Trees and shrubs should be spaced to grow together within four years from planting, and ground cover shall be provided to attain 75% coverage within four years.

Breaks in perimeter landscaping for pedestrian access may be required as determined by the Planning Board during site plan review.

Perimeter landscaping shall be required in an amount which, when combined with other on-site landscaping requirements, is a minimum of 15% of the total site area.

Screening between parking areas and public rights-of-way.

Purpose. The purpose of these requirements is to provide visual relief and separation of parking areas from public rights-of-way.

Applicability. The requirements in this section apply to all parking lots located adjacent to a public right-of-way, except those provided for, and on the same lots with, single-family and two-family dwellings, and except for those land uses requiring perimeter screening as specified in Subsection E, above, of this section.

Requirements. A landscape strip of trees and shrubs shall be provided on the property between the parking lot or access drive and the right-of-way. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip. Shrubs must be maintained at a maximum height of 36 inches.

Parking area landscaping.

Purpose. The purpose of these requirements is to provide visual relief and shade in parking areas.

Requirements.

For parking areas with 10 or more parking spaces, the following standards shall apply:

Landscaped areas covering a minimum of 5% of the total paved area of the lot shall be provided.

[2]

Shade shall be provided for at least 20% of the paved parking area using the following standard:

[a]

One large shade tree for every 1,500 square feet of parking area.

[b]

No small (less than 30 feet in height at maturity) trees shall be considered a shade tree.

[c]

The use of a single tree species throughout the parking area is not encouraged.

Outdoor storage screening.

Refuse collection areas should be effectively designed to contain all refuse generated on site and deposited between collections. Deposited refuse should not be visible from outside the refuse enclosure.

Screening shall be of sufficient height and density to completely hide the storage from public view. All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

Refuse collection areas should be so located upon the lot as to provide clear and convenient access for refuse collection vehicles and thereby minimize wear and tear on on-site and off-site developments.

§ 118-82 Off-street parking and loading.

Refuse collection areas should be designed and located upon the lot as to be convenient for the disposition of refuse generated on site. In no case shall outdoor storage or refuse areas be located in the front yard or the front yard setback of any site area; no refuse area shall be visible from a public street.

Typical Refuse Storage Screening

Alternative landscaping plan. Alternative landscaping plans may be proposed where strict application of the requirements in this chapter would prohibit reasonable development of a property. The Planning Board may consider the topography, shape, size or other natural features of the property or design features of the development when considering the suitability of a proposed alternative landscaping plan. Examples of situations where alternative landscaping plans are more likely to receive favorable consideration are mixed use buildings and developments that qualify for reduced parking under § 118-82, Off-street parking and loading. Another technique that can be used in alternative landscaping plans is the enhancement of landscaping in a nearby area to soften the overall effect of the development, such as improvement of a nearby existing public right-of-way.

Applicability.

In any zoning district within the Town, all structures built and all uses, including a change of use, established hereafter shall provide accessory off-street parking in accordance with the following regulations.

Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements of this section. However, any existing parking and loading facilities for such uses shall not be reduced unless they exceed the requirements of this chapter, in which case they shall not be reduced below the requirements of this section.

When an existing structure or use is expanded, accessory off-street parking shall be provided in accordance with the following regulations for the area or capacity of such expansion.

The provisions of this section shall not be deemed to apply to motor vehicle storage or display parking areas associated with a vehicle sale, rental or ancillary service establishment, except as may be qualified elsewhere in this chapter.

General provisions.

Parking, stacking and loading areas shall be arranged, marked and maintained as shown on the final approved development proposal in order to provide for orderly and safe parking, storing and loading of vehicles. The Planning Board may also require structural or landscape features, including, but not limited to, bumper guards, curbs, walls or fencing, landscaping or berming, to ensure protection of property and persons and privacy screening for adjacent land uses with visual, noise and air standards.

All required off-street parking spaces shall be located on the same lot as the principal use or on a contiguous lot which has the same zoning classification and is under the same ownership, unless it is provided in a shared parking agreement. (See Subsection D below.)

Off-street surface parking shall not extend more than 70 feet in width along any pedestrian street frontage without breaking up the parking area into smaller lots through the placement of buildings, the use of landscaping, community gathering spaces or other treatments.

No off-street parking facilities for a structure or use permitted in an MU, C-1, C-2, C-3, I or M District shall be located in a residential district.

All off-street parking facilities shall be used solely for parking of vehicles in operating condition by patrons, occupants or employees of the use to which parking is accessory. No motor vehicle work except emergency service shall be permitted in association with any required off-street parking facilities.

In the A, RA, LDR, MDR and HDR Districts, trucks larger than 3/4 ton, (except used for on-site farming), motor homes, recreational vehicles, travel trailers, boats and similar conveyances shall not be parked or stored in the front yard. Side and rear yard parking areas shall be on a prepared surface or macadam. No more than one motor home, travel trailer, or recreation vehicle may be parked/stored in a side or back yard. Not more than one vehicle with a business name shall be allowed.

Required number of off-street parking spaces.

The minimum number of off-street parking spaces required shall be calculated using the standards in this subsection and Schedule C below.

In churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facility shall be counted as one seat.

For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the Planning Board.

When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded, and fractions over 1/2 shall require one parking space.

Where the occupant load is not definitive or seating is not clearly shown on a building permit, the New York State Uniform Fire Prevention and Building Code shall be used to determine occupant load.

The minimum number of required off-street parking spaces may be reduced by up to 10% with the granting of a waiver by the Planning Board as part of site plan review if the Planning Board determines that the lesser parking will satisfy the intent of this article and the proposed use is either commercial or industrial as provided in Schedule A of this chapter.[1]

Editor's Note: Schedule A is included as an attachment to this chapter.

The number of handicapped-accessible parking spaces shall be determined based on the total number of parking spaces as set forth in the most recent edition of the New York State Uniform Fire Prevention and Building Code.

Maximum parking standards. The maximum number of off-street parking spaces for any nonresidential building in the MU, C-1, C-2, C-3, I, and M Districts shall not exceed more than 120% of the number of spaces required in Schedule C below.

	Schedule C: Off-Street Parking Requirements SF = square feet GFA = Gross Floor Area
	Type of Use	Number of Parking Spaces
	Accessory apartment	1 per each apartment
	Agriculture, accessory retail	1 per 250 SF of GFA; plus 1 for every 4 employees
	Airport	1 per each 4 seating accommodations for waiting passengers; plus 1 per every 2 employees on the shift of greatest employment
	Arena	1 per 5 seats
	Automobile/boat sales/service/machinery equipment sales	1 per employee; plus 1 per 1,000 SF of GFA
	Bed-and-breakfast	1 per bedroom; plus 2
	Bowling alley	2 per lane
	Campground	1 per campground; plus 1 per employee
	Car wash	1 per employee; plus 1 per 500 SF of GFA (See also § 118-48 for stacking requirements.)
	Cemetery	1 per full-time employee
	Day-care center, adult day treatment	1 per 250 SF of GFA
	Day-care center (children)	1 per every 10 children; plus 1 per employee
	Eleemosynary use	1 per 500 SF of GFA
	Entertainment and recreation, commercial, except as otherwise listed in Schedule C	1 per 50 SF of GFA; except skating rinks, which shall require 1 per 200 SF of GFA
	Funeral home	1 per employee; plus 1 per 100 SF of GFA
	Golf course	5 per hole
	Golf course, mini	1 per hole
	Greenhouse/nursery	1 per 500 SF of gross sales area
	Home occupation	1 per employee
	Hotel/motel	1 per bedroom; plus 3 per 1,000 SF of nonguest floor area
	Hospital	1 per bed; plus 2 per every 3 employees at maximum shift
	Industrial/manufacturing use/research and development center	1 per every employee; plus 1 per 5,000 SF of floor area
	Kennel	1 per 10 runs/cages
	Laundromat	1 per every 3 machines
	Long-term care facility, community based	1 per every bed
	Machinery and farm equipment sales and service	1 per 600 SF of GFA
	Medical/dental use	3 per examination room
	Membership clubs or lodge	1 per every 50 SF of GFA
	Office	1 per 250 SF of GFA
	Park and recreation, public	1 per 3 persons based on maximum capacity; plus 1 per employee
	Personal service establishment (See also retail)	1 per 200 SF of GFA
	Public facilities, including library, community center and municipal building	1 per 300 SF of GFA
	Recycling center	1 per employee of largest shift
	Religious institution	1 per every 3 seats or 50 square feet of seating area where fixed seating is not provided
	Residential care facility	1 per every 3 beds
	Residential uses	2 per dwelling unit
	Restaurant/tavern/fast-food restaurant/drive-in restaurant	1 per every 3 seats (See also § 118-52, for drive-through stacking requirements.)
	Retail store and service unless otherwise listed in Schedule C	1 per 200 SF of GFA
	Sawmill	1 per employee during largest shift
	School/educational use	1 per 12 classroom seats or 1 per 3 auditorium seats, whichever is greater
	Self-storage facility	1 per 200 SF of office area
	Shopping center, plaza or mall	250 SF of GFA
	Theater	1 per every 3 seats
	Veterinary hospital	4 per veterinarian on duty, plus 1 per employee
	Warehouse/cold storage/other storage	1 per every 2 employees

Shared parking standards.

Shared parking of areas with multiple uses is encouraged. The requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant to the satisfaction of the Planning Board that staggered hours of use would permit reduction of this requirement. Shopping plazas, centers and malls with multiple users shall meet the shopping center, plaza or mall standards of Schedule C.

An agreement establishing joint use of a parking area, approved by the Planning Board, shall be recorded with the Code Enforcement Officer. Such agreements shall run with the land for all properties with joint use of parking areas and require Planning Board approval for any change or termination.

Design and development standards for off-street parking.

Access, driveways and on-site location.

Parking areas, exclusive of driveways, shall not encroach within 15 feet of any public right-of-way.

For nonresidential uses, parking shall not be allowed within 15 feet of the front property line nor within 10 feet of the side or rear property lines.

For residential uses, driveways shall be set back a minimum of three feet from the side lot line.

For nonresidential uses and multifamily uses, driveways shall be set back a minimum of five from the side lot line.

Parking lot entrances and exits for off-street parking with more than four spaces shall not be located within 50 feet of street intersections. All points of ingress and egress shall have appropriate signage unless deemed unnecessary by the Planning Board.

Parking aisles shall be located a minimum of 20 feet from the intersection of the driveway approach and the street.

(g)

Where warranted by site topography, barriers or other safety devices shall be incorporated into the design of the parking area.

(h)

All parking areas containing four or more parking spaces shall include a turnaround that is designed and located so that vehicles can enter and exit the parking area without backing out or backing onto a public right-of-way.

(i)

Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships to facilitate traffic flow.

(j)

Shared access driveways between uses is preferred to eliminate curb cuts.

Parking stall and aisle standards.

Handicapped accessible parking dimensional standards are as set forth in the most recent edition of the New York State Uniform Fire Prevention and Building Code.

The minimum standards of Schedule D in this subsection shall apply to the width and length of required parking spaces.

Parallel parking spaces stall lengths shall be 22 feet long.

Turn radius. The minimum allowable inside vehicle turning radius for parking areas and driveways shall be 15 feet unless fire apparatus access is necessary, in which case the turn radius shall be greater as determined the Fire Department.

[Amended 6-14-2017 by L.L. No. 5-2017]

Schedule D: Off-Street Parking Aisle and Stall Dimensions
Parking Angle	Stall Length	Stall Width	Aisle Width (One-Way)	Aisle Width (Two-Way)
90°	18 feet	10 feet	24 feet	24 feet
60°	21 feet	11.5 feet	18 feet	24 feet
45°	19 feet 10 inches	14 feet	13 feet	24 feet

Parking standards at different angles.

Materials. All drive and parking surfaces for multifamily and nonresidential uses, except agriculture, shall be paved with a compacted macadam base, not less than four inches thick, surfaced with asphaltic concrete or some comparable all-weather dustless material designed to be pitched and drained to dispose of surface water accumulation. The water shall not drain to adjoining property unless part of an approved drainage plan. Parking for 10 vehicles or more must provide adequate drains to storm sewers.

Landscaping and screening. Landscaping and screening of off-street parking areas shall meet the standards of § 118-81.

Lighting. Off-street parking areas shall meet the standards of § 118-83 of this chapter.

Parking lot pedestrian linkages.

Clearly defined and marked sidewalks within a minimum width of four feet shall be required within parking lots and be provided for the length of the parking to the entrances of establishments.

Clearly defined and marked sidewalks shall be distinguished from driving surfaces through the use of special pavers (brick, scored concrete, or similar materials).

Pedestrian access and linkages shall be adequately lit.

Off-street loading facility standards.

Spaces for off-street loading shall be in addition to space for off-street parking. Off-street loading berths shall be required for the following uses.

Each required loading berth shall be at least 15 feet wide, 45 feet long and 14 feet high. Alternative design standards may be accepted by the Planning Board if the applicant demonstrates that such standards are appropriate.

Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as permitted below. No entrance or exits for any off-street parking or loading area shall be located within 50 feet of any street intersection, nor shall any off-street loading berth encroach on any required front yard or required side yard, accessway or off-street parking area, except that in a commercial district, off-street parking areas may be used for loading and unloading, provided that such areas shall not be so used or restricted for any more than three hours during the daily period that the establishment is open for business.

Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments.

§ 118-83 Outdoor lighting.

Purpose. The purpose of this section is to require and set minimum standards for outdoor lighting that:

Permit reasonable uses of outdoor lighting for safety, security, and visibility for pedestrians and motorists;

Minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive or unecessary; and

Conserve energy and resources to the greatest extent possible.

Applicability.

The lighting standards of this section shall apply to all properties in the Town of New Hartford.

FULL-CUTOFF OR FULL-SHIELDED TYPE FIXTURE

All outdoor lighting fixtures (luminaires) shall be installed in conformance with this chapter, provisions of the Uniform Fire Prevention and Building Code and the sign regulations of § 118-84 as applicable.

Definitions. As used in this section, the following terms shall have the meanings indicated:

An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.

GLARE

Direct light that causes annoyance, discomfort or loss in visual performance and visibility.

LIGHT FIXTURE

The assembly that holds a lamp and may include an assembly housing, mounting bracket or pole socket, lamp holder, ballast, reflector or mirror and refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.

LIGHT POLLUTION

Artificial light which causes a detrimental effect on the environment or on enjoyment of the night sky, or causes undesirable glare or unnecessary illumination of adjacent properties.

Example of full cut-off lighting fixture.

Exempt lighting. The following types of lighting are exempt from the standards of this section:

Emergency lighting or temporary construction lighting, as may be required by a public agency.

Holiday lighting except holiday laser lights which cause lighting to be misdirected and/or projected beyond the owners property line.

[Amended 5-15-2024 by L.L. No. 4-2024]

Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code.

Low-voltage landscape lighting; however, such lighting should be shielded in such a way as to eliminate glare and light trespass.

Exit signs, lighting of stairs and ramps and other illumination required by the Uniform Fire Prevention and Building Code.

Sports fields lighting; however, glare and light trespass shall be minimized and sensible curfews utilized.

Prohibited lighting:

Blinking and flashing lights.

General requirements.

The number of light fixtures and the intensity of lighting shall be appropriate to illuminate the location for safety, without glare to adjoining properties.

The International Dark-Sky Association's guidance on outdoor lighting standards for preventing light pollution and reducing energy usage without compromising safety are considered best practices. As such, consideration shall be given to following recommendations from the International Dark-Sky's Association in developing all lighting plans and reviewing all lighting plans as part of site plan review.

All lighting installation shall shall meet the exterior lighting standards of the current Energy Conservation Construction Code of New York State and be designed and installed to be fully shielded (full cutoff), except as in exceptions above, and the following:

Non-cut-off (unshielded) fixtures may be used when the maximum initial lumens generated by each fixture is less than 9,500 initial lamp lumens. These fixtures must feature globes or vertical glass planes and must be coated with an internal white frost to diffuse light.

Installation of supply wires for lighting shall be placed underground.

Automobile-oriented uses such as gasoline service stations and drive-through facilities shall install recessed ceiling fixtures in any canopy.

Maximum height.

Lighting attached to residential structures should not exceed the height of the eave.

The total height of exterior lighting fixtures, including the base, shall be a maximum of 20 feet, and 15 feet for pedestrian walkways and parking lots adjacent to residential uses.

Design.

Exterior lighting shall enhance the building design and adjoining landscape.

Decorative style lighting is preferred.

Types of preffered lighting styles.

§ 118-84 Signage.

Intent. The purpose of this section is to reduce distractions and obstructions that may contribute to traffic accidents or safety hazards, and to protect property values, maintain an attractive business climate and protect the physical appearance of the community.

Applicability and procedures.

Except as otherwise provided in Subsection D of this section, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with this section and, where applicable, without first obtaining a permit from the Code Enforcement Officer in accordance with the following procedures and standards.

A permit shall be required for any change in the size, shape, lighting, materials or location of an existing sign.

Application for a permit shall be made in writing to the Code Enforcement Officer. One application may include more than one sign, provided that all signs contained in such application are to be erected at the same time on one lot. Applications for new signs or proposed changes in existing signs shall include the following information:

Plans to scale detailing the dimensions and area of the sign(s), the location of the sign(s) on the building, structure or property where the sign(s) will be erected or attached, and a visual simulation or photo to scale illustrating colors, materials, lettering, artwork, and method of illumination, if any.

Written consent of the owner of the structure or real property upon which the sign is to be attached or erected, in the event the applicant is not the building or property owner.

ELECTRONIC MESSAGE CENTER (EMC)

Each application for a permit shall be accompanied by the fee set forth in § 118-140. Such fee shall be based on all signs contained in such application.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AWNING (CANOPY) SIGN

A sign painted on, printed on, or attached flat against the surface of an awning made of canvas or fabric or similar material, which is affixed to a building and projects therefrom. Such signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the building.

BILLBOARD

See "off-premises sign/billboard" in this subsection.

DIRECTIONAL SIGN

A sign conveying instructions regarding pedestrian and/or vehicular movement with respect to the premises on which it is located, such as the entrance and exit of a parking area.

A changeable copy sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix.

FREESTANDING SIGN

A self-supporting sign standing alone on its own foundation.

ILLUMINATED SIGN

Any sign illuminated by artificial light, either from the interior or exterior of a sign, and includes reflective and phosphorescent light.

INTERNALLY LIT SIGN

Any sign deriving its illumination from an internal source, and shall include all plastic signs lighted from behind, as well as all neon signs, and all lighted awnings lighted in a way as to give the awning the appearance of being lighted.

MONUMENT SIGN

A freestanding sign attached to a brick, stone, or masonry wall or structure that forms a supporting base for the sign display.

OFF-PREMISES SIGN/BILLBOARD

A sign which is located on a parcel of land other than that parcel where the business, service or event advertised is located.

PORTABLE SIGN

A sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, a sign designed to be transported by means of wheels, or on its own trailer or otherwise. Examples of portable signs include, but are not limited to, sandwich boards, menu boards, signs attached to A-frames or T-frames, and balloons used as signs.

ROOF SIGN

A sign erected upon or above a roof or parapet wall of a building, and which is wholly or partly supported by that building.

SANDWICH BOARD/SIDEWALK SIGN

A movable sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an "A."

SIGN HEIGHT

The distance from the highest portion of the sign to the average level of ground within a twenty-foot radius immediately beneath the sign.

VEHICULAR SIGN

Any vehicle and/or trailer to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle's purpose but becomes the primary purpose of the vehicle.

WALL SIGN

A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall.

WINDOW SIGN

A sign mounted or painted on a window or inside a structure that is intended to be seen through a window from the outside.

Exempt signs.

Signs advertising the sale or rental of the premises upon which the sign is located.

Not more than one sign shall be placed upon a property unless such property fronts on more than one street, in which event one sign may be erected on each frontage.

In the A, RA, LDR, MDR and HDR Districts, signs advertising the sale, lease or rental of the premises upon which the sign is located shall not exceed six square feet in area, and a subdivision sign shall not exceed 32 square feet in area.

In the MU, I, C-1, C-2, C-3 and M districts, signs advertising the sale, lease or rental of the premises upon which the sign is located shall not exceed 32 square feet in area.

Such sign(s) shall be removed within 30 days after the premises has been sold or rented.

Such signs shall not be illuminated.

Signs denoting the architect, lending institution, engineer or contractor where construction, repair or renovation is in progress, which shall be limited to one sign per property with a maximum size of six square feet in the A, RA, LDR, MDR and HDR districts and 32 square feet in all other districts.

Signs which mark property boundaries; give directions for roads or trails; prohibit trespassing, hunting, fishing or off-road vehicles; or warn of hazards.

Signs up to two square feet in size, giving the name of the residents of a dwelling or its address.

Sandwich boards meeting the following requirements:

Sandwich boards must be nonilluminated and shall not exceed eight square feet in sign area, with a maximum height of four feet and a width not to exceed 30 inches.

Sandwich boards shall be constructed of commercial grade materials.

The sign shall not be located in such a manner as to restrict vision or impair vehicular or pedestrian safety or maintenance of sidewalks or impede flow of pedestrian traffic.

The sign must be located in front of or on the side of the building and in close proximity to the building within which the business is located.

The sign shall only be displayed during hours that the business establishment is open.

Temporary signs. Temporary signs meeting the following standards shall be permitted:

Temporary signs shall be limited to 60 days and shall be removed within seven days of an event or activity, as applicable.

Temporary signs located in an LDR, MDR or HDR District shall not exceed six square feet in size.

Temporary signs located in an A, RA, MU, I, C-1, C-2, C-3 or M District shall not exceed 32 square feet in size.

Temporary signs shall be set back five feet from the lot line.

Window signs, as long as they conform to the illumination requirements of this article and do not cover more that 20% of the glass area or six square feet of the pane to which the sign is affixed or displayed.

Gasoline service station signs attached on fuel pumps or pump islands, displaying the price of fuel, not exceeding two square feet; however, the total size of price, logo and any other signage on a pump shall not exceed a combined total of three square feet.

Signs on vehicles used when the vehicle is used on a daily basis to transport people or goods to and from the business where the vehicle is parked. Vehicles with signs on them as described in this Subsection D(9) shall be parked in the rear or side yard during nonoperating hours.

Prohibited signs. The following signs are prohibited in the Town of New Hartford:

Signs with any mirror or mirror-like surface, or any day-glowing or other fluorescent paint or pigment.

Vehicular or other mobile signs.

Sign walkers or sign twirlers located off-premises or in the public right-of-way or a public parking lot.

Permanent or temporary signs erected or placed at or near the intersection of any street in such a manner as to cause a traffic hazard at the intersection or at any location where, by reason of the position, shape, color, or illumination of the sign, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.

Signs using of the words "STOP," "LOOK," "DANGER," "CAUTION," or any other word, phrase, symbol or character which may tend to confuse, mislead or resemble any governmental or duly authorized sign. This does not pertain to traffic control devices.

Off-premises signs (billboards).

Roof signs.

General regulations.

Sign materials and structure.

Signs shall be constructed of wood, plastic, metal, glass, foam or stone.

A sign support structure shall be adequate to support the load of the sign which it is supporting. Upon request of the Code Enforcement Officer, an engineered design, paid for by the sign owner, may be necessary. Signs 100 square feet or more shall have an approved New York State engineering plan when applying.

Sign area calculation. The area of a sign shall be determined by the smallest rectangle that encompasses all of the letters or symbols that make up the sign, together with the area of any background of a different color or material than the general finish of the building, whether painted or applied. For the purposes of calculating total sign area, only one side of a two-sided area shall be counted.

Location of signs.

No sign, other than an official traffic sign or public notice approved by the Town Clerk, shall be erected within the right-of-way line of any public street. Signs posted in the right-of-way shall be removed, without prior notice, by the Codes Department, Highway Department or Police Department. Signs removed from the public right-of-way shall be retained for no more than 10 business days and disposed of thereafter.

Signs shall not use utility poles or trees, rocks or other natural features as a medium of communication or means of support.

No sign shall be so located as to detract from, or obstruct public view of, historic buildings, scenic views or any other recognized natural features such as a waterfall, glen, etc.

Illumination of signs.

No sign shall contain flashing, intermittent, rotating or moving lights except as permitted in Subsection H(4), regarding electronic message centers and LEDs, and no sign shall consist of pennants, banners, ribbons or streamers.

Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into the public right-of-way or residential properties.

Signs shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m., unless the premises on which they are located is open for business.

Electronic message centers, video display signs, LEDs and LCDs are regulated in Subsection H(4) below.

Condition and maintenance of signs.

Should any sign be or become unsafe, unsightly, damaged or in danger of falling, or is a menace to the public, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the Code Enforcement Officer, proceed at once to put such sign in a safe and secure condition, or renovate or remove the sign; provided, however, that if such a situation is not corrected within 90 days from the date of receipt of written notice, the Code Enforcement Officer shall correct the situation or have it corrected, with the costs assessed to the property's Town tax bill.

All renovations to any nonconforming sign shall be undertaken in such a manner so as to cause the sign to conform to this chapter.

Signs in Agricultural and Residential Districts. Within the A, RA, LDR, MDR and HDR Districts, the following signs are permitted with a permit from the Code Enforcement Officer:

Signs denoting a subdivision name (five or more lots). The total sign area shall not exceed 32 square feet in area. All such signs shall be set back 10 feet from the lot line. Such signs shall not be illuminated.

Home occupation identification signs. For home occupations defined as a "major home occupation" in this chapter, one business sign shall be permitted that meets the following standards:

Signs shall bear only the name and profession or occupation of the resident.

Signs shall not exceed four square feet in area.

Signs may be located on the building wall or in the required front yard provided that they are set back at least 10 feet from all property lines and are not more than six feet above the natural ground level at their location.

Nonresidential and business identification signs. A property utilized for a permitted agricultural, nonresidential or business activity according to Schedule A of this chapter[1] shall be permitted up to one sign and shall meet the following standards:

The total cumulative area of all signs permitted on such lot shall be 16 square feet, except that a lot with an agricultural use as the principal use in the A and RA Districts may have a wall sign up to 32 square feet.

Notwithstanding § 118-24I, Visibility at street corners, the maximum height of a freestanding sign above grade level of the road shall be eight feet and such sign shall be set back at least five feet from any property line unless on a corner lot. On a corner lot, a freestanding sign shall be set back 20 feet from the intersection.

Editor's Note: Schedule A is included as an attachment to this chapter.

Signs in nonresidential districts. Within the MU, I, C-1, C-2, C-3 and M districts, the following signs are permitted, subject to the limitations of Schedule E and other requirements of this section, and with a permit from the Code Enforcement Officer:

Wall signs or building-mounted signs.

Not more than one exterior building-mounted or wall sign shall be permitted for each business on each wall facing a public street or private parking area. The total maximum size of individual wall signs is provided in Schedule E of this section.

No building-mounted or wall sign shall be erected or maintained which extends above the highest roofline or parapet of any building or structure.

Wall signs shall be placed flat against the exterior wall and shall not project more than 12 inches from the wall to which they are fixed. No sign shall project beyond the top or side of the wall to which it is fixed.

Projecting signs shall not project more than six feet from the side of the building and when suspended over a pedestrian walkway, such as a sidewalk or entranceway; the bottom of such signs shall be no lower than eight feet and no higher than 12 feet above the finished grade.

Freestanding signs.

Not more than one freestanding sign shall be permitted per site except as permitted in Subsection H(2)(b) below and except for directional signs that do not exceed four square feet in sign area which are permanent in nature and limited to such texts as "entrance," "exit," "no parking," etc. For the purposes of this provision, a single business or activity shall include all businesses or activities subordinate to or integrated in that business or activity located on the same premises as that business or activity.

Sites with more than 1,000 linear feet of building frontage between main entrances may have a freestanding sign at each entrance, except that such signs shall not be electronic messaging signs, LEDs and video displays.

If freestanding signs are used to identify two or more uses in a single structure or per site, the total square footage of a freestanding sign, only, shall be allowed to be doubled per side, except in the A and RA Districts. This shall not apply to electronic messaging signs, LEDs and video displays.

Freestanding signs shall be placed at a minimum of five feet from the front property line, measured from the front of the sign support or leading edge of the sign face, whichever is closer to the property line, and in accordance with all other setback restrictions of the principal use, but in no case shall they obstruct the vision of motorists entering and leaving the premises and shall otherwise not interfere with pedestrian traffic nor interfere with the use and enjoyment of the adjoining properties.

Awning or canopy signs.

The valance portion of an awning or canopy may be used in place of a wall or building-mounted sign. The bottom of the awning or canopy shall be at least eight feet above the finished grade. Sign area on awnings or canopies shall be measured based on the inclusion of the entire side of the awning or canopy on which the sign is located.

Schedule E: On-Premises Sign Area and Height Requirements
Zoning District	Maximum Freestanding Sign Area per Site	Maximum Wall Sign Area per Use	Maximum Projecting Sign Area	Maximum Freestanding Sign Height	Total Allowed Sign Area per Use*
MU	24 square feet	0.5 square foot for each linear foot of building frontage up to 40 square feet	12 square feet	10 feet measured from the finished grade	80 square feet
C-3 and I	32 square feet	1.0 square foot for each linear foot of building frontage up to 60 square feet	12 square feet	15 feet measured from the finished grade	80 square feet
C-1, C-2 and M	64 square feet*	1.5 square feet for each linear foot of building frontage up to 100 square feet	12 square feet	25 feet measured from the finished grade	200 square feet

NOTES:
*	See Subsection H(2)(b), regarding sites with multiple uses and building frontages in excess of 1,000 linear feet between entrances.

Electronic messaging signs, LEDs, video display and changeable copy.

Electronic messaging signs, video display signs and changeable copy signs shall be permitted in the C-1 and C-2 Districts only.

Brightness. The sign must not exceed a maximum illumination of 6,500 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk and dawn, as measured from the sign's face at maximum brightness.

Dimmer control. Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.

Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in association with an electronic graphic display sign.

Images or messages shall be static in nature, not streaming or scrolling.

No image or message may be displayed for less than three seconds.

(g)

No image or message shall change without a three-second pause between images or messages.

(h)

The face or display of the sign shall be placed perpendicular to a public right-of-way.

(i)

Signs of this nature shall not be permitted as wall-mounted signs or on buildings in general.

§ 118-85 Soil erosion, sedimentation and stormwater runoff control plan.

Temporary advertising devices. Temporary advertising devices, including but not limited to inflatables, banners, ribbons or streamers, may be employed on an occasional or temporary basis for up to 30 days, with the issuance of a temporary sign permit, to call attention to special business or related events and shall be removed within seven days of an event, as applicable. Only one such device shall be allowed per business.

Amortization of existing signs. Signs not in compliance with this chapter must be brought into compliance within seven years of the date of enactment of this chapter.

In accordance with applicable provisions of, and when required by, this chapter, the applicant shall submit a soil erosion, sedimentation and stormwater runoff control plan. Such plan shall be mapped at a scale of one inch equals 100 feet or less and shall contain:

Property boundaries, site acreage and existing natural and man-made features on and within 500 feet of the site boundary, including roads, structures, water sources and utilities and topography, including existing contours with intervals of not more than two feet where the slope is 10% or greater and not more than five feet where the slope is less than 10%. The plan shall include a copy of the soil survey map, soil map unit description and depth to the seasonal high-water table according to the Natural Resource Conservation Service.

The location and a description of proposed changes to the site and existing development of the site:

All excavation, filling and grading proposed to be undertaken, identified as to the depth, volume and nature of the materials involved.

All areas requiring clearing, identified as to the nature of the vegetation affected.

All areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed.

All temporary and permanent vegetation to be placed on the site, identified as to planting type, size and extent.

The location and description of all temporary and permanent erosion and sediment control measures.

The description of the proposed stormwater drainage system, including the proposed location of stormwater control measures:

The designated volume, rate, flow path, detention and retention of stormwater on site.

The amount and rate of off-site stormwater discharged from the site.

The description of the pollutants likely to be generated on the site.

The anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system.

The location of all roads, driveways, sidewalks, structures, utilities and other improvements.

The final contours of the site at intervals of no greater than two feet.

A schedule of the sequence of installation of planned soil erosion, sediment and runoff control measures as related to the progress of the project, including anticipated starting and completion dates.

Where there are newly graded banks or slopes in the plan, an outline shall be prepared indicating:

Method of vegetative stabilization (hydroseeding or hand-planting of trees, shrubs or ground cover).

Site preparation needed (grading, shaping).

Need for lime (fertilizer).

Type of plant material or seed mixture to be used.

Mulch to be applied and method used (mechanical mulching using hay, paper mulch applied by hydroseeder, hand-mulching using wood bark, landscaping fabrics, etc.).

Test pits or soil borings, as may be required by the Town should dry wells, infiltration or percolation systems be proposed for stormwater management.

Performance standards. The plan shall be designed to meet the following performance standards:

The site erosion and sedimentation control measures shall be appropriate for the existing topography, vegetation and other natural features of the site. The practices shall meet the standards and specifications of the United States Natural Resource Conservation Service. Practices shall be designed according to these standards and specifications; vegetation recommendations shall also meet these standards. All conservation practices installed shall be maintained so as to ensure the designed life span of the conservation practice.

Site grading (excavation and filling) shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public.

Erosion, sedimentation and stormwater runoff shall be controlled prior to, during and after site preparation and construction.

Soils exposed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration.

Areas exposed by site preparation shall be protected during site construction.

Slopes created during the period of site development shall not be so steep that erosion or sedimentation may result or vegetation cannot be readily established. A maximum slope of two to one is the preferred angle of repose for most slopes to be stabilized.

All fill material shall be of a composition suitable for fill and free of brush, stumps and other debris. No organic material shall be disposed of on site.

Site preparation and construction activities shall not result in the encroaching on or blocking or restriction of swales, the storm sewer systems, wetlands or surface waters.