Village of Wappingers Falls, NY Streetscapes, Parking, Landscaping, Lighting

Unless otherwise provided in this chapter, the following streetscape standards shall be required in the VC and VMU Districts; in all other districts these standards shall apply to the maximum extent practicable:

A sidewalk at least five feet in width shall be provided along each public street and shall align and link with existing and future potential sidewalks and pedestrian pathways. This area shall be unobstructed by utility poles, fire hydrants, benches or any other temporary or permanent structures.

To provide a buffer between pedestrians on the sidewalk and traffic on the street, a tree lawn at least four feet wide shall be located between the sidewalk and the street. An exception shall be made where the sidewalk extends from the back of the curb or street to the building frontage in the VC District and in front of linear buildings in the CMU District, in which case tree wells a minimum of four feet by four feet shall be provided.

To provide shade and to buffer pedestrians from vehicles on the road, street trees shall be planted in the tree lawn or tree well as applicable, as provided in § 151-45E.

All streets, sidewalks, and walkways shall comply with the Public Rights of Way Accessibility Guidelines (PROWAG).

§ 151-44 Off-street parking, access, and loading.

Facilities required.

Except as provided in § 151-44B herein, all structures and land uses hereafter erected, enlarged, moved, created, established, changed in intensity, or substantially altered shall be provided with the amount of off-street parking and loading facilities required by the terms of this section to meet the needs of persons occupying or making use of such structures or land. A permit for the erection, replacement, reconstruction, extension, or substantial alteration of a structure or the development of a land use shall not be issued unless off-street parking and, where required, loading facilities shall have been shown on a plan in accordance with the requirements set forth in this section, and such required parking and loading facilities shall be completed before a certificate of occupancy shall be issued.

Required off-street parking facilities which, after development, are later dedicated to and accepted by the Village shall be deemed to continue to serve the uses or structures for which they were originally provided.

Waiver of parking and loading requirements. Structures and land uses in the VC District built prior to 1965 shall not be subject to the parking and loading requirements set forth in this section, provided that any on-site parking and loading facilities now existing to serve such structures or uses shall not in the future be reduced, except to the extent where they exceed such requirements, in which case they shall not be reduced below such requirements. This waiver of the parking and loading requirements of this section shall also apply to changes of use in said existing structures, and to the reconstruction of a building with the same building footprint and number of stories in the VC District. In the event that any building is proposed to be enlarged or increased in gross floor area so as to create a need for a greater number of parking spaces than are currently existing, such additional spaces, which shall be calculated based on the added square footage only, must be provided concurrently with the building enlargement.

Operation and maintenance of off-street parking and loading facilities. Required off-street parking and loading facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Such off-street parking and loading facilities shall be deemed to be required in association with the structure or land use, shall be reserved at all times for those persons who occupy, are employed at, or make use of such structures and land uses, and shall not thereafter be reduced or encroached upon in any manner. No off-street parking or loading space required for one building or use shall be included as meeting, in whole or in part, the off-street parking or loading space required for another building or use except as otherwise provided for in this section.

Parking location.

Required off-street parking spaces shall be provided on the same lot as the structure or land use to which they are accessory, except that off-street parking for nonresidential uses in the VC, VMU, and CMU Districts may be provided, in whole or in part, on a contiguous lot or a lot located not more than 400 feet from the property on which the use is occurring, measured in a straight line from the closest property boundary, provided that a legal instrument, satisfactory to the Village Attorney and filed in the Dutchess County Clerk's office, ensures the continued existence of the parking facility to serve said structures or land uses as long as they may exist, and provided that the other lot also contains at least one principal use, and the off-site parking to be utilized does not constitute required parking for such principal use(s). However, in no event shall parking permitted by this subsection for a nonresidential use be located in any residential district.

Parking is prohibited in the front yard and side street yard in all zoning districts, with the exception of parking in a private driveway serving a single-family dwelling, as set forth in Subsection L herein.

Two or more uses on the same lot. Where two or more different uses occur on a single lot, the total number of parking spaces to be provided shall be the sum of the requirements of each individual use on the lot, unless modified by the Planning Board in accordance with Subsection I herein.

Conveyance of land. Where, because of limitations of size, dimensions or topography of a lot, an applicant for a nonresidential use finds it is impractical to provide all or a portion of the off-street parking spaces required by Subsection H herein, said applicant may grant and convey to the Village of Wappingers Falls, and the Village Board, at its discretion, may accept, appropriately located and developed land for nonresidential parking as a permitted use equivalent, provided that said land is permanently dedicated to the Village.

Dimensions of parking spaces. All off-street parking spaces, whether located in a parking lot or not, shall be dimensioned as required in Subsection K(3) herein.

Required number of off-street parking spaces.

Except as otherwise provided in this chapter, the minimum number of off-street parking spaces listed for each use in the attached Table 18[1] shall be required and shall be construed to include those off-street parking spaces necessary to accommodate persons with disabilities in accordance with ADA requirements.

Editor's Note: Table 18 is included as 151 Attachment 5 of this chapter.

Area calculations are based on gross square footage unless otherwise specified.

Where the application of the requirements of Table 18 results in a fractional number of 0.5 or greater, the required number of spaces shall be rounded up to the next highest whole number.

For any use for which a parking standard is cited in Table 18 as "per site plan review," the Planning Board shall establish the required minimum parking requirement based upon: 1) standards set forth herein for uses with similar characteristics; 2) parking utilization data gathered or provided from similar uses; and/or 3) a parking study or parking reference guide in general use. The Planning Board's decision shall be based the location of the site, existing traffic congestion and parking levels, and the anticipated timing and volume of parking demand for the use.

Parking requirement modifications.

On-street parking. In the VC District only, existing on-street parking that is legally permitted along the lot frontage(s) may be applied toward the minimum parking requirement of the principal nonresidential uses on the lot. Where such on-street parking spaces are not delineated, one parking space may be credited for each 20 feet of parking area located parallel and abutting such lot frontage. Where on-street parking spaces are delineated, each such space counts as one required parking space.

Shared use parking. In the VMU, VC, CMU, and B Districts, principal uses that are located on the same lot or share a common property boundary and have different peak parking demands or operating hours may share parking, provided that:

The applicant must demonstrate to the satisfaction of the Planning Board that the uses have different peak-hour parking demands or that the total parking demand at one time would be adequately served by the total number of parking spaces proposed.

A recorded instrument, satisfactory to the Planning Board Attorney, documenting the joint use shall be required.

Land banked (deferred) parking. For buildings and uses established after the effective date of this chapter, the Planning Board may permit construction of a portion of required off-street parking spaces to be land banked (deferred) until such time as the Planning Board deems them to be needed, subject to the following conditions and requirements:

Properties in all zoning districts except the R and VR Districts are eligible for land banked parking.

A maximum of 50% of the total required off-street parking spaces may be land banked.

The area set aside for land banked parking shall not count towards, or be included in, the calculation of the required greenspace.

The Planning Board reserves the right to require the current property owner to construct all or a portion of the land banked parking spaces at any time.

The land banked parking shall be shown on the site plan, which shall contain the following information:

The location of land banked parking, which shall be in an area that is suitable for future parking, and shall fully comply with the requirements of this chapter.

The interim use of the land banked area. Land banked parking shall be set aside as landscaped open space. No permanent buildings or roofed structures shall be located on any area that is dedicated for land banked parking.

An off-street parking calculation table indicating the total number of required spaces and the proposed number of parking spaces to be land banked.

[4]

A note stating that the Planning Board reserves the right to require the current property owner to construct a portion or all of the land banked parking spaces at any time.

A legal agreement, satisfactory to the Village Attorney, shall be submitted by the applicant and filed in the Dutchess County Clerk's office to ensure that the land banked parking spaces shall be effectively maintained as landscaped open space until such time the land bank spaces are constructed, and to require said construction upon requirement by the Planning Board.

Electric vehicle charging stations. Any site plan for a multi-family residential use that proposes 10 or more dwelling units, or a nonresidential use that proposes 20 or more off-street parking spaces, shall provide for the installation and use of one or more electric vehicle charging stations (EVCSs) in accordance with the following:

Multi-family residential uses shall include at least one nonproprietary EVCS per 10 dwelling units.

Nonresidential uses shall provide at least one Level 2 or Level 3 nonproprietary EVCS for every 20 required off-street parking spaces.

In the event that the Planning Board determines that the applicant has demonstrated good cause, the Planning Board may waive the installation of some or all of the EVCS facilities otherwise required by this subsection. In such case, the Planning Board may require that a sufficient number of spaces be provided with conduit and such other equipment as may be necessary to enable EVCSs to be installed in the future with minimal inconvenience or disturbance of parking areas.

An electric vehicle parking space shall be counted when calculating the number of parking spaces required by Subsection H herein.

All EVCSs shall comply with the design criteria of § 151-68F(2).

Parking lots. The following requirements are applicable to all parking lots.

Design of parking lots.

Site design shall minimize the impact of automobile parking and driveways on the pedestrian environment, adjacent properties, and pedestrian safety.

The following are some examples of techniques used to minimize the impacts of driveways and parking lots:

Break large parking lots into multiple smaller ones.

Minimize the number and width of driveways and curb cuts.

Share driveways with abutting lots.

[4]

Locate parking in less visible areas of the site.

[5]

Locate driveways so they are visually less dominant.

[6]

Provide special pavers or other surface treatments to enhance and separate pedestrian areas from vehicle maneuvering and parking areas.

[7]

Continue sidewalks across driveways to provide a visual cue to drivers to expect pedestrians.

Surfacing, grading, drainage and maintenance of parking lots.

All required parking facilities, regardless of size, shall be graded, surfaced, drained and maintained throughout the duration of their use so as to comply with the New York State Stormwater Management Design Manual, as amended from time to time, and/or Chapter 131, Stormwater Management, of this Code, or other acceptable stormwater management practices as deemed suitable by the Village Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. Parking lot surfacing requirements shall be established by the Planning Board, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use. The use of permeable paving materials is encouraged for use in parking lots, especially for overflow or peak period parking, and parking spaces in excess of the requirements of this section. Surfacing, grading, and drainage shall facilitate groundwater recharge by minimizing impervious pavement and runoff whenever possible. Oil traps may be required for larger paved parking lots.

The maximum grade within a parking lot shall not exceed 5%.

Dimensions.

Unenclosed parking spaces and access aisles shall comply with the following minimum dimensions:

Table 19: Vehicle Space Requirements
Parking Angle	0° (feet)	60° (feet)	90° (feet)
Space width	9	9	9
Space length	22	18	18
1-way aisle width	18	18	22
2-way aisle width	24	24	24

Parking spaces that are bordered by walls or columns on one or both sides shall be at least 10 feet wide and shall otherwise conform with Table 19.

If the degree of angled parking provided is not listed above, the parking space size and aisle width shall be determined by the Village Engineer.

All parking lots shall comply with the "2010 ADA Standards for Accessible Design" issued by the Department of Justice pursuant to the ADA, or such later standards as may be adopted, and the Building Code of New York State.

Demarcation of parking spaces.

Markings. Off-street parking spaces shall be marked by painted lines a minimum of four inches in width and maintained in clearly visible condition. Signs or markers shall be used, as required by the Planning Board, to ensure efficient and safe circulation within the lot, and to indicate entrances and exits. Vehicle parking spaces for persons with disabilities must be identified with the appropriate sign and be visible at all times of the year, regardless of plant growth or similar conditions.

Overhangs, curbs and wheel stops. The front or rear overhang of any parked vehicle shall not encroach upon any pedestrian walkway or required setback or buffer area. The Planning Board may require curb or wheel stops to prevent vehicles from overhanging pedestrian paths, sidewalks, or property boundaries, and to protect fencing, landscaping, and other screening devices from damage. Breaks in curbs may be provided to allow for drainage into landscape areas to absorb stormwater.

Landscaping, screening, and buffering. All parking lots shall comply with the landscaping, screening and buffering standards in § 151-45.

Lighting. Parking lot lighting shall comply with the outdoor lighting standards in § 151-46.

Tandem parking. Except as provided in this subsection and in Subsection L(1)(c) herein, parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without moving any other motor vehicle; tandem parking is prohibited. However, tandem parking may be allowed to meet some or all of the required parking for a use, at the discretion of the Planning Board, provided that an attendant is present to move vehicles at all times when tandem parking is utilized, and a written guarantee, satisfactory to the Village attorney and Code Enforcement Officer, has been filed with the Village ensuring the same.

Mechanical parking.

Mechanical parking lifting a maximum of two vehicles shall be allowed as an accessory use in all zoning districts.

Mechanical parking lifting three or more vehicles shall be allowed as an accessory use by special use permit in all zoning districts.

Mechanical parking shall be fully enclosed and shall not be permitted in a front or side yard.

Traffic and pedestrian circulation.

All required off-street parking facilities shall have vehicular access from a street, alley, driveway, or cross-access easement.

Applicants for nonresidential uses, including mixed-use development, shall provide interconnected parking lots within and between abutting lots via cross-access driveways or service roads to minimize curb cuts, reduce turning movements onto roadways, and encourage safe and convenient traffic circulation, unless they can demonstrate that interconnection is not feasible. Where such cross access is proposed, the Planning Board shall require written agreements, easements and/or deed restrictions, satisfactory to the Planning Board Attorney, for the creation and maintenance of such access.

As determined by the Planning Board, applicants shall provide clearly delineated pedestrian walkways within and between abutting lots, as well as crosswalks of paving, brick paver, bituminous brick pattern stamping, or painted ladder-style striping to connect parking lots to building entrances and improve safe passageway for pedestrians.

(10)

Turnaround areas.

Each parking space shall be provided with adequate area for approach, turning and exit of a vehicle having an overall length of 18 feet without the need to use any part of a public street, public right-of-way, or public sidewalk.

Parking shall be arranged to permit vehicles to exit the parking lot without backing onto any public street, public right-of-way, or public sidewalk.

No off-street loading space, including any truck loading bay, ramp or dock, shall be designed or arranged in a manner that trucks must use any part of a public right-of-way to back into such space.

(11)

Snow storage. All surface parking lots shall provide on-site snow storage area(s) sized to accommodate expected snowfall and located to ensure that fencing, landscaping, and other screening devices are protected from damage. No snow shall be permitted to be stored in any area designated for parking, or for vehicular or pedestrian access. The location of such snow storage areas shall be indicated on the site plan and shall be appropriately related to the storm drainage system.

(12)

Bicycle parking standards. Applicants shall provide bicycle parking to encourage transportation by bicycle, unless they can demonstrate such parking is not feasible. Facilities for bicycle parking shall comply with the following:

Short-term and long-term bicycle parking shall be provided at the rate recommended by Walk Bike Dutchess Appendix C: https://www.dutchessny.gov/Departments/Transportation-Council/Docs/bppappendixc.pdf.

Bicycle racks for short-term parking shall be located in highly visible areas as close to the principal building entrance as possible.

Long-term bicycle parking shall be provided by a secure, sheltered facility. At a minimum, this could be a covered bicycle rack area.

Bicycle racks shall be positioned out of walkway areas and shall be located to avoid potential conflict with parking and circulation of motor vehicles.

Bicycle racks shall support the frame of a bicycle upright in two places.

Bicycle racks shall enable the bicycle frame and one or both wheels to be secured through use of a "U" type lock.

(g)

Bicycle racks shall be securely anchored to an approved hard surface.

(h)

A two-foot by six-foot space is required to accommodate two bicycles.

(i)

Parallel bicycle racks shall have a minimum on-center spacing of 30 inches. Spacing of 48 inches is optimal.

Parking and driveways on residential lots.

Parking location.

Garages may be considered as meeting the off-street parking requirement for single-family, two-family, three-family, multi-family, and townhouse dwellings.

For single-family dwellings, areas which may be considered as meeting off-street parking requirements also include a private driveway.

Tandem parking is allowed for single-family dwellings and for permitted accessory uses to such dwellings, as illustrated in Figure VI-1, and shall not encroach onto the public right-of-way, including the sidewalk. The width of driveways that accommodate tandem parking shall be governed by Subsection L(2)(b) and (c) herein.

Garages, whether detached or attached, shall meet the setback requirements of Tables 5 to 11,[2] with the exception of garages located on Liss Road which shall meet the required setback for a principal building.

Editor's Note: Said tables are included as 151 Attachment 3.

Parking shall be located as illustrated in Figure VI-1, with the exception that a private driveway shall only be permitted for parking for single-family dwellings.

Off-street parking for two-family, three-family, multi-family, and townhouse dwellings shall be accessed by a shared driveway or alley and shall be located behind the principal building(s), as illustrated in Figures VI-2 and VI-3, for all districts except the RMU District, where off-street parking may be located in front of the principal building(s) if the parking area or garage is set back a minimum of 100 feet from public rights-of-way, and is effectively screened year-round from public rights-of-way by intervening landform and evergreen vegetation.

Driveway design.

Curb cuts serving driveways used to access individual single-family and two-family residential lots shall not exceed 12 feet in width. Once the driveway extends into the lot beyond the public sidewalk, it shall narrow to a driveway width that complies with Subsection L(2)(b) and (c) below.

Driveways accessory to a single-family and two-family dwelling shall not exceed 12 feet in width.

A driveway apron, the width of the garage, as measured from the exterior garage walls, is permitted to extend for a distance of 18 feet, as measured perpendicular, from the garage to allow vehicular access to the garage before tapering back to the maximum permitted driveway width, as illustrated in Figure VI-1.

Single lane driveways to townhouse dwellings and a multi-family residential structure or group of structures shall not exceed 12 feet in width. Double lane driveways to townhouse dwellings or multi-family residential structure or group of structures shall not exceed 20 feet in width.

Number of driveways. Single-family and two-family dwellings shall be permitted no more than one driveway and one curb cut per lot.

Grades.

The maximum grade for any new driveway accessory to a single-family dwelling shall be 12%, except where the approving authority has determined that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway with a grade greater than 12% should be permitted. Any such increase shall be the minimum required, and in no case shall such driveway grade be permitted to exceed 15%.

The maximum grade for a new driveway accessory to residential uses other than single-family dwellings shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as in Subsection L(2)(f)[1] above. In no case shall the driveway grade for a residential use other than single-family dwellings exceed 10%.

Notwithstanding the maximum permitted grades specified in Subsection L(2)(f)[1] above, no driveway serving a single-family dwelling shall have a grade in excess of 4% within 35 feet of the center line of the traveled way of the street or within 10 feet of the public right-of-way, whichever measurement results in the greater distance. The approving authority may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.

(g)

Driveway length. Any driveway that exceeds 250 feet in length shall provide vehicle pull-off areas a minimum of 12 feet in width at intervals no less than every 250 feet.

(h)

Common driveways.

Common driveways shall be permitted to serve two adjacent detached single-family dwellings, provided that each lot has sufficient physically accessible road frontage to allow for construction of a fully compliant, separate driveway for each dwelling unit. The approving authority in its discretion may waive the requirement for physically accessible road frontage in the event of a practical difficulty or unreasonable hardship affecting a particular property.

Common driveways shall not be permitted unless the owners of the individual parcels to be served by a common driveway shall have entered into reciprocal easements and an agreement covering access, use and maintenance of the common driveway, satisfactory to the Planning Board Attorney.

Parking of commercial vehicles.

Commercial vehicles, as defined in this chapter, are prohibited from parking outdoors on a lot containing a single-family, two-family, three-family, multi-family, or townhouse dwelling. This shall not be construed as preventing the temporary parking of delivery trucks, moving vans, and similar vehicles which deliver goods or services.

Class 2 vehicles, as classified by the United States Federal Highway Administration and as illustrated in Appendix A, and small trailers, shall be permitted subject to the following:

Only two Class 2 vehicles shall be allowed to be stored or parked outdoors on a residential lot. The number of small trailers shall not be restricted.

The Class 2 vehicles and small trailers must be in operable condition.

Storage or parking of Class 2 vehicles and small trailers shall meet the parking location requirements of Subsection 151-44D herein. If stored in a driveway, the vehicle and trailers shall, when feasible, be located behind the front building line of the house.

[4]

The Class 2 vehicles or trailers shall be located as inconspicuously as practicable on the lot, and shall be effectively screened by intervening landform, dense evergreen vegetation, or fencing from any abutting residential property.

[5]

The Class 2 vehicles or trailers shall not have signs, pictures or illustrations extending upward, downward or outward from any part of the vehicle or trailer.

Off-street loading.

Off-street loading facilities shall be provided for any use that distributes or receives materials or merchandise by trucks or other commercial vehicles, unless it is demonstrated to the satisfaction of the Planning Board that the use does not require a dedicated loading area, for example, due to the presence of on-street loading areas nearby, or to the presence of designated off-street parking spaces that may be used for loading if such loading activity is limited to specific off-peak hours.

For structures and land uses in the VC District in existence as of 1964, refer to§ 151-44B above.

All off-street loading spaces shall be located on the same lot as the use served. No off-street loading spaces may project into a public right-of-way. No off-street loading space is permitted in a front yard.

Any required off-street loading space shall have a clear area not less than 12 feet in width by 25 feet in length, exclusive of aisle and maneuvering space, and have a minimum vertical clearance of 15 feet.

Loading docks and service access areas shall be located in a manner that minimizes visual intrusion on public spaces and ensures pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation.

In the VC and CMU Districts, loading docks, overhead doors and other service entrances are prohibited on street-facing facades.

Loading docks and service areas shall be screened as required in § 151-45J.

Buildings on abutting lots shall be sited to the maximum extent practicable to allow shared access to loading docks through the use of common loading zones or service roads.

§ 151-45 Landscaping, screening, and buffering.

Purpose. The purpose of this section is to:

Promote a healthy environment by providing shade, air purification, oxygen regeneration, groundwater recharge, stormwater runoff management, erosion control, and reductions in noise, glare, and heat island effects;

Provide visual buffering from streets, buffering of potentially incompatible land uses, and generally enhance the quality and appearance of the Village; and

Encourage the preservation of existing trees and vegetation that offer environmental, aesthetic, habitat, sustainability, and economic benefits to the Village and its citizens.

General landscape standards.

New plantings shall consist primarily of native species and hybrids of native species requiring minimal irrigation, fertilization and maintenance. Invasive species as listed in 6 NYCRR 575.3 and 6 NYCRR 575.4 are prohibited.

All plant material shall be hardy to the Village region, suitable for the site, free of disease and insects, and shall conform to the American Standard for Nursery Stock of the American Nursery and Landscape Association for the quality and installation of that plant.

In all areas where landscaping is required or proposed, the landscaping plan shall show that a minimum of 75% of the landscaped area will be covered by living materials, rather than mulch, bark, gravel, stone or other nonliving material, within three years from the date of approval of the plan.

The use of synthetic vegetation (plastic plants, etc.) shall not be used to meet any of the required landscaping, screening, or buffering standards.

Landscape areas shall be designed to be drought tolerant to the maximum extent practicable.

All landscaped areas adjacent to parking lots, streets and other vehicular ways shall be protected from vehicular encroachment by curbs or wheel stops as required by the Planning Board. Curbs shall be provided with openings to accommodate surface collection of stormwater runoff in vegetated swales and detention facilities.

Existing trees and vegetation left on the site may be used to meet the standards of this section in lieu of new plantings, subject to approval by the Planning Board.

All landscaping required by this section shall be properly maintained by the owner of record throughout the duration of the use(s) on the lot.

Size of plantings. Unless otherwise specifically noted, the minimum plant size of required landscaping at time of planting shall be as follows:

Table 20: Minimum Plant Size at Time of Planting
Plant Type	Minimum Size
Large deciduous shade tree with a mature height greater than 30 feet	2 1/2-inch caliper, measured six inches above the ground, as specified by the American Standard for Nursery Stock
Medium deciduous shade tree with a mature height between 12 and 30 feet	Four feet in height, measured as specified by the American Standard for Nursery Stock
Small deciduous tree with a mature height of 12 feet	Four feet in height, measured as specified by the American Standard for Nursery Stock
Evergreens	Six feet in height, measured as specified by the American Standard for Nursery Stock
Shrubs	Five-gallon container size

Plant material spacing.

A minimum three-foot radius shall be provided free of trees or shrubs around fire hydrants, valve vaults, hose bibs, manholes, and fire department connections.

Where tree planting requirements are based on linear street frontage, areas occupied by driveways shall be included when calculating the number of trees required to be planted, and the spacing may be adjusted to accommodate specific site conditions, such as building entrances, driveways and street corners as well as by the species of trees planted.

Street trees and lot frontage landscaping.

General provisions.

All street trees shall be deciduous trees.

Multiple species of street trees of similar size and canopy shape should be used on each street.

Street trees shall be hardy varieties, tolerant of soil compaction and salt, drought resistant, and free of objectionable droppings such as seed pods and sap. Examples may be found in the Cornell University Recommended Urban Trees Publication, among other resources.

Where a sidewalk and a tree lawn between the sidewalk and the street or curb exists or is proposed, at least one shade tree shall be planted in the tree lawn per 35 linear feet of street frontage, as illustrated in Figure VI-4. Required trees shall be planted with thirty-five-foot on-center spacing to the maximum extent practicable. Where the planting of shade trees would interfere with overhead electric power lines, at least one ornamental tree with a mature height of 12 feet shall be planted per 20 feet of street frontage.

Where a sidewalk does not exist, one shade tree shall be planted with thirty-five-foot on-center spacing and within 25 feet of the street right-of-way to the maximum extent practicable, as illustrated in Figure VI-5.

Where the sidewalk extends from the back of the curb to the lot line or building frontage, tree wells shall be installed in the sidewalk to allow planting of one shade tree per 30 feet of linear street frontage. To provide a level surface for pedestrians while preventing soil compaction around trees, tree wells in sidewalks five feet wide or less shall be covered with a tree grate. The tree grate shall be level with the sidewalk or adjacent surface, and shall have an expandable opening for the tree trunk as illustrated in Figure VI-6, where the center rings of the tree grate can be removed later to accommodate tree growth. At the Planning Board's discretion, pervious pavement may be substituted for a tree grate if its permeability is equal to that of a tree grate and it is level with the sidewalk or adjacent surface.

All plantings in the public right-of-way require approval of the public entity that has control over the right-of-way. Plantings deemed unsafe or impracticable by the agency due to slope, utility, maintenance, location, visibility, alignment, or other factors are not required to be installed in those locations, but the Planning Board may require substitute landscaping be installed elsewhere on the property.

In addition to the provisions for street trees in Subsection E(1) through (5) above, where the principal building is located more than 20 feet from the front lot line, a minimum of 20% of the area between the front lot line and the front building facade shall be landscaped with vegetative cover, trees and/or shrubs for all multi-family and nonresidential structures in all zoning districts, with the exception of the VC and CMU Districts. In the CMU District in locations where there is no linear building, a minimum twenty-foot-wide landscaped area shall be provided abutting the right-of-way; pedestrian facilities may be permitted within the landscaped area.

In addition to the provisions for street trees in Subsection E(1) through (5) above, the following standards shall apply to any lot containing a single-family dwelling, two-family dwelling, three-family dwelling, or townhouse that is located more than 20 feet from the front lot line:

No more than 20% of the area between the principal building and the street shall be covered with impervious surface, and the remainder of such areas shall be landscaped with vegetative cover, shrubs, trees, or other pervious treatment.

The foregoing notwithstanding, a walkway of up to five feet in width shall be permitted to cross the area between each street frontage at the principal building or accessory structure, and one driveway a maximum of 10 feet in width shall be permitted to cross the area between one street frontage to a principal or accessory structure, even if the walkway(s) and driveway would result in more than 20% of the applicable yard having impervious surfaces.

Side and rear lot line buffers.

In all zoning districts, a landscape buffer shall be provided along each side and/or rear lot line where the principal structure will contain a multi-family dwelling or any nonresidential use, and the abutting property is in a residential district or contains a single-family dwelling, two-family dwelling, three-family dwelling, or townhouse.

The landscape buffer shall be provided on the applicant's property and shall comply with one of the following, as determined by Planning Board:

The landscape buffer area shall be at least eight feet wide and shall be planted with large evergreen shrubs and/or evergreen trees with spacing designed to minimize sound, light, and noise impacts year-round, and to provide 80% opacity within one year of planting along the full required width and length of the buffer; or

An opaque wall or fence meeting the requirements of Subsection I below shall be installed in a landscape buffer area at least four feet wide, with three shrubs per 25 linear feet of lot line installed on the side of the fence facing the single-family dwelling, two-family dwelling, three-family dwelling, or townhouse.

Parking lot landscaping.

All plantings in and adjacent to parking lots shall be hardy varieties, tolerant of soil compaction and salt, drought resistant, and free of objectionable droppings such as seed pods and sap.

All parking lots containing 10 or more parking spaces in all zoning districts except the VC District shall provide the following:

At least one shade tree shall be planted on the perimeter of the parking lot for every 10 cars or fraction thereof.

At least one shade tree shall be provided in the interior of the parking lot (in tree islands or bioretention areas) for every 10 cars or fraction thereof.

Such trees and landscaped areas shall be arranged and designed so as to provide definition to traffic circulation aisles and to entrances and exits, and shall be of such type and location as will provide the maximum of shade without interfering with sight lines or impeding the safe flow of traffic.

Any curbs installed at the edges of required perimeter and interior landscaped areas shall have openings that allow drainage from the pavement to enter and percolate through the landscaped areas.

Screening.

Where a parking lot for five or more vehicles abuts a lot in a residential district or a lot containing a single-family dwelling, two-family dwelling, three-family dwelling, or townhouse, the parking lot shall be screened from the adjacent district or use in accordance with one of the two options in Subsection F(2) above.

A parking lot servicing a multi-family dwelling or any nonresidential use shall be screened from all public streets and public rights-of-way by one or both of the following, located within five feet of the front lot line and in such a manner as not to impede adequate sight distance at points of egress:

A decorative wrought-iron-style or picket-style fence between 30 and 42 inches in height.

A continuous line of shrubs, between 30 and 48 inches in height at maturity, that provides year-round screening designed to provide 80% opacity within one year of planting along the full required length of the buffer.

Preservation of existing landscaping.

In the event that existing, noninvasive vegetation meets the intent of the screening or landscaping requirements, preserved existing vegetation may be credited towards the landscaping required by this section.

Existing vegetation used to meet the requirements of this section shall be protected from damage during construction by a fence erected around an area one foot beyond the drip-line of the preserved vegetation, or by other means approved by the Planning Board.

In the case of existing trees, the trees shall be located within the required landscape area to which they will be credited.

Trees may be credited only one time, on a one-to-one basis.

Fences and walls.

All fences and walls shall comply with this section and the requirements of any other applicable codes, statutes and regulations, including, but not limited to, the New York State Uniform Fire Prevention and Building Code.

The height of fences and walls shall not exceed 42 inches in a front yard or in a side yard forward of the front facade of the principal building, or 72 inches in a rear yard or in a side yard behind the front facade of the principal building, unless otherwise specified in this chapter. Height is measured from the adjacent ground to the highest point, except that decorative posts of a fence or wall may exceed the maximum height by six inches.

A fence in a front yard shall be no more than 60% opaque, except as required otherwise by this chapter.

Retaining walls over four feet in height shall be designed by a licensed design professional.

A fence or wall, including all posts, bases, and other structural parts must be located completely within the boundaries of the lot on which it is located.

No minimum distance shall be required between a fence or wall and a lot line unless otherwise required by the Planning Board or as otherwise required by this chapter.

No fence or wall shall encroach on any public right-of-way.

A fence designed to be structurally supported by posts, cross members, or rails on one side only shall be erected with the posts, cross members, or rails on the fence owner's side. The finished side of any fence shall face adjacent properties or any public-right-of-way.

The owner of the fence or wall shall maintain both sides of the fence or wall in good condition.

(10)

Materials:

Any fence intended as a permanent structure shall be constructed of wood, composite, vinyl, chain link, or decorative metal. Chain-link fencing is prohibited in any front yard.

No fence or wall located along the perimeter of any property shall include barbed wire, broken glass, electrification, or other material or device intended to cause injury unless required by state or federal law.

No fence or wall shall be constructed of scrap or waste materials unless those materials have been recycled or reprocessed into building materials for sale to the public.

Screening of loading and service areas.

Where a loading or service area abuts a lot in a residential district or a lot containing a single-family dwelling, two-family dwelling, three-family dwelling, or townhouse, the loading or service area shall be screened from the adjacent district or residential use by:

An opaque wall, fence, architectural feature, or architectural extension of the building, six feet in height unless otherwise required by this chapter, that relates to the overall design of the principal structure; or

A continuous line of evergreen trees or shrubs, at least six feet high at time of planting, that provides year-round screening and designed to provide 80% opacity within one year of planting.

Screening of mechanical equipment.

Roof-mounted mechanical equipment. Roof-mounted mechanical equipment for any multi-family or nonresidential use, not including solar collectors, shall be screened by a parapet wall or similar building feature that is an integral part of and compatible with the building's architectural design and is of sufficient height to screen the mechanical equipment from all sides when viewed from ground level from any public right-of-way, unless the applicant can demonstrate to the satisfaction of the Planning Board that the equipment will be located on the roof so as not to be visible without a parapet. The Planning Board may required line-of-sight drawings to verify the equipment will be properly screened.

Ground-mounted mechanical equipment.

Ground-mounted mechanical equipment shall be screened from ground level view from adjacent and nearby properties and from any public right-of-way, recreation park, or other public space adjacent to the property by landscaping or by decorative wall, fence or architectural extension of the building that incorporates at least one of the primary materials and colors of the principal structure.

The landscaping, wall, fence, or architectural extension of the building shall be of a height equal to or greater than the height of the mechanical equipment being screened, and shall relate to the overall design of the principal structure.

If landscaping is used for screening, the landscaping material shall provide year-round screening and shall be designed to provide 80% opacity within one year of planting.

Stormwater management. All development and redevelopment in the Village shall comply with the requirements of Chapter 131, Stormwater Management, of the Village Code.

§ 151-46 Outdoor lighting.

Purpose. The purpose of this section is to provide regulations for outdoor lighting that will:

Ensure that vehicle and pedestrian circulation areas, parking lots, public gathering spaces, approaches to buildings, and other areas have adequate, but not excessive, outdoor illumination to promote safety and utility at night.

Provide adequate light for safety and utility while minimizing light pollution, glare, light trespass, and dramatic contrasts between lit and unlit areas that may interfere with the enjoyment, health, safety and welfare of Village residents and visitors.

Reduce sky glow that degrades the night-time visual environment.

Improve the night-time aesthetics of site, landscape, and architectural design.

Protect the natural environment from the adverse effects of nighttime lighting, and minimize disruptions to nocturnal animal behavior, particularly migratory birds and other species.

CORRELATED COLOR TEMPERATURE (CCT)

Conserve energy and reduce greenhouse gas emissions to the greatest extent possible in accordance with the Village's pledge to be a New York State "Climate Smart Community."

Definitions. The following terms shall, for the purpose of this section, have the meanings herein indicated:

BUG RATING

An IESNA rating system of the Backlight, Uplight and Glare (forward) light distribution of an outdoor light fixture.

A rating of the dominant color tone of a light output from warm (reds and yellows) to cool (blue) expressed in degrees Kelvin (K).

FOOTCANDLE (fc)

The measure of illuminance produced on a surface one foot square from a distance of one foot. One footcandle is equal to one lumen per square foot.

FULL CUT-OFF FIXTURE

An IESNA classification that describes a lighting fixture constructed and installed such that it emits no light at and above an angle of 90° above the horizontal plane, and that reduces glare by limiting maximum light to less than 10% of rated lumens between 80° and 90° (the "glare zone"). This applies to all lateral angles around the fixture.

FULLY SHIELDED FIXTURE

A lighting fixture constructed and installed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane running through the lowest point on the fixture where light is emitted. Fully shielded fixtures emit no direct uplight but have no limitation on the intensity of light in the region between 80° and 90° above nadir. A fully shielded fixture has a maximum BUG uplight rating of U0.

GLARE

Stray unshielded light striking the eye that may result in: a) nuisance or annoyance such as light shining in a window; b) discomfort causing squinting of the eyes; c) disabling vision by reducing the ability of the eyes to see into shadows; d) reduction of visual performance. Note: As used in this section, this term is not synonymous with the term glare as used in the BUG rating defined above.

IESNA

The Illuminating Engineering Society of North America, the technical and educational authority on illumination.

ILLUMINANCE

The amount of light falling on a surface area. Illuminance is measured in either footcandles (lumens per square foot), or lux (lumens per square meter). One footcandle equals 10.76 lux, although for convenience, 10 lux commonly is used as the equivalent.

LAMP

A device for producing light.

LIGHT POLLUTION

Any adverse effect of artificial light, including, but not limited to, glare, light trespass, sky-glow, energy waste, and impacts on the nocturnal environment.

LIGHT TRESPASS

Light from an artificial light source that is cast beyond the boundaries of the property on which the lighting fixture is sited. Light trespass includes glare from a direct light as well as spill light.

LIGHTING FIXTURE

A complete lighting unit consisting of one or more lamps, together with the parts designed to distribute the light (reflector, lens, diffuser), position and protect the lamp(s), and connect the lamp(s) to the power supply, but not including the support assembly (pole or mounting bracket). Also referred to as a "luminaire."

LUMEN

A unit of measure used to quantify the amount of light produced by a lamp (as distinct from "watt," a measure of electrical power consumption) in a given period of time.

LUX

A metric unit of measure used to quantify the amount of light produced by a lamp. One lux is equivalent to one lumen per square meter, which is equal to approximately 1/10 footcandle.

OUTDOOR LIGHTING

The illumination of an outside area or object by any man-made device located outdoors that produces light by any means, whether attached to poles, buildings, structures, the earth, or in any other location, and any associated lighting control equipment.

OUTDOOR LIGHTING FIXTURE

A lighting fixture installed outdoors, either permanently or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to, lighting fixtures used to illuminate: buildings and structures, including overhangs and canopies; parking lots; streets and driveways; sidewalks, paths and walkways; recreational areas; landscape lighting; architectural lighting; signs; product display and service areas; and security lighting.

REPLACEMENT

The installation of a new lighting fixture in place of an existing fixture, and/or the installation of a new lighting housing or head to an existing pole, bracket, wall, tree or other structure. Replacement does not mean the changing of light bulbs or lamps in a fixture for the same or lower wattage bulbs.

SEASONAL HOLIDAY LIGHTING

Lighting displayed during and around a federally recognized holiday or Village festival on a seasonal basis.

SECURITY LIGHTING

The minimum amount of outdoor lighting necessary to illuminate points of entry into or exit from a structure, exterior walkways, or outdoor storage areas for purposes of night-time safety. Security lighting shall not include any lighting that is primarily for aesthetic or advertising purposes and does not directly contribute to the safety or security of the premises, such as signs, parking lot lighting, display lighting, architectural lighting or landscape lighting.

SKY-GLOW

The brightening of the sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Sky-glow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

TEMPORARY LIGHTING

Lighting installed and operated for periods not to exceed 60 days and not operated again for at least 30 days.

UNIFORMITY RATIO

The ratio of the average lighting level to the minimum lighting level for a given area.

Applicability.

New and replacement lighting. The provisions of this section shall apply to all outdoor lighting installed after the effective date of this chapter, including the installation of new outdoor lighting fixtures and the replacement of existing outdoor lighting fixtures.

Nonconforming lighting. The provisions of this section shall apply to all lighting installed prior to the effective date of this chapter that does not conform to the requirements herein (nonconforming lighting), as follows:

Changes to existing lighting (without establishment of a new use or a change in use).

For a lot of 0.5 acre or less, if any outdoor lighting is changed, all lighting shall be brought into conformance with this section.

For a lot greater than 0.5 acre, single or cumulative modification or replacement of 50% or more of installed nonconforming outdoor lighting fixtures existing as of the effective date of this chapter.

New uses or changes of use.

For a lot containing a single use, whenever a new use of the property is commenced or the use on the property is changed, all outdoor lighting on the property shall be brought into compliance with this chapter before a Certificate of Occupancy is issued for the new or changed use.

For a property containing more than one use:

[a]

If a majority of the uses or structures on the property are new or changed in one application, all outdoor lighting on the property shall be brought into compliance with this chapter before a Certificate of Occupancy is issued for any new or changed use.

[b]

If the cumulative effect of changes or additions to the uses on a property is such that a majority of the uses on the property have changed since the enactment of this chapter, all outdoor lighting on the property shall be brought into compliance with this chapter before a Certificate of Occupancy is issued for any new or changed use.

Major additions. If a major addition occurs on a lot, lighting for the entire lot shall comply with the requirements of this chapter. For purposes of this section, an increase of 25% or more of additional dwelling units, gross floor area, seating capacity, or parking spaces, either by a single addition or by cumulative additions after the effective date of this chapter, shall be deemed to be major additions.

Resumption of use after abandonment. If any lot contains a single use with nonconforming lighting, and that use is abandoned for a period of one year or more, then all outdoor lighting shall be brought into compliance with this section before any further use of the lot may commence.

Amortization. In addition to the foregoing provisions, all nonconforming lighting shall be brought into compliance with the provisions of this section on or before three years from the effective date of this section, such time being deemed sufficient to amortize the cost thereof.

Exempt outdoor lighting. Notwithstanding any other provision herein, the following outdoor lighting shall be exempt from the provisions of this section:

Lighting that is required by federal or state laws or regulations.

Emergency lighting, as needed by police, fire, medical, utility or other emergency service.

Temporary lighting for construction sites, provided that such lighting is discontinued immediately upon completion of the construction work necessitating said lighting, and provided that such lighting is the minimum lighting needed, does not create glare or extend beyond the property line.

Lighting of a single-family dwelling lot that is not part of a site plan or outdoor lighting plan for any other common or public area, provided that such lighting is directed downward, and is aimed to prevent light trespass on adjacent properties.

Low voltage seasonal holiday lighting and decorations that are displayed for not more than 60 consecutive days nor more than 60 total days in any one year.

Low voltage decorative white string/rope lights on a building as long as such lights are not prohibited by Subsection E(5) herein.

Low voltage landscape lighting for single-family dwellings that is aimed away from adjacent properties and is directed downward.

Solar-powered lights of five watts or less per fixture used in residential landscaping applications and to illuminate walkways.

Temporary lighting for theatrical or performance areas.

(10)

Underwater lighting in swimming pools and other water features.

(11)

Lighting of public art, monuments and statuary that has been permitted or otherwise approved by the Village, provided lighting is properly aimed and shielded to contain light to the art feature and not create glare onto any public right-of-way or adjacent or nearby properties.

(12)

Other Village, county or state lighting installed for the benefit of public health, safety, and welfare.

(13)

Lighting for a properly displayed U.S. flag, provided the flag standard does not exceed the maximum permitted building height for that district, the light has a maximum of 650 lumens of light output, a maximum color temperature of 2700K, and is properly aimed and shielded to contain light to the flag and standard and not create glare onto any public right-of-way or adjacent or nearby properties.

Prohibited outdoor lighting.

Uplighting is prohibited, with the exception of a properly displayed U.S. flag as provided in Subsection D(13) above. All lighting, including, but not limited to, externally lit signs, displays, buildings, structures, streets, parking lots, recreational areas, landscaping, and other objects lit for aesthetic, security or other purposes, must be lit from the top and shine downward.

Search lights, strobe lights, klieg lights, laser source lights, or any similar high intensity light are prohibited, except for use in emergencies by police, fire or medical personnel or at their direction.

The use of mercury vapor and low-pressure sodium lamps is prohibited.

Neon/LED tube or rope lighting used to outline or highlight a building or a building's features is prohibited.

Any lighting that flashes, blinks, scintillates, revolves, rotates, flickers, fades, fluctuates, moves, runs, or that uses electrical pulsation, or that does not maintain a stationary and constant intensity, color, or direction at all times is prohibited, with the exception of motion-activated security lighting.

Plan submission. Any application that requires Planning Board approval pursuant to this chapter and that involves outdoor lighting fixtures shall include the following:

Plans indicating the number, location, height, orientation, type of lighting fixture, and lighting levels of all proposed and existing outdoor lighting fixtures;

Manufacturers' cut sheets of all proposed lighting fixtures indicating BUG rating or IESNA cut-off classification, color temperature (Kelvin), and motion-activated control devices;

Photometric data, such as that furnished by manufacturers, or similar documentation, showing the angle of cut-off or light emissions; and

Additional information that the Planning Board determines is necessary, including, but not limited to an iso-lux plan indicating levels of illumination in footcandles, at ground level, and a calculation of average lighting levels and the uniformity ratio of the various areas of site that will be illuminated.

General requirements for all zoning districts.

Full cut-off fixtures. Except as may be specified elsewhere in this chapter, all outdoor lighting fixtures shall be full cut-off fixtures with a maximum BUG uplight rating of U0 to prevent sky glow, glare and light trespass. Fixtures that do not have a BUG rating shall be identified by the IESNA as full cut-off fixtures or shall have the International Dark-Sky Association (IDA) Fixture Seal of Approval. Examples of full cut-off fixtures are illustrated below in the right-hand column of Figure VI-9 as a guide to fixture selection.

Light trespass and backlight/glare. Light trespass onto adjacent properties shall not exceed 0.25 footcandle at the property line. This footcandle value, however, shall not be used as a criterion for assessing Backlight and Glare control. For fixtures with a BUG rating, the Village Engineer shall determine whether outdoor lighting will result in backlight or glare based on the BUG "Backlight" and "Glare" rating of the lighting fixture, the distance of the lighting fixture from the property boundary, and the fixture mounting height.

Lighting control.

Fixture installation. All outdoor lighting fixtures shall be installed in a horizontal position as designed in order to meet the definition of full cut-off.

Direction of outdoor lighting. All outdoor lighting shall be designed, located, installed, fitted, shielded, and directed so as not to present a hazard to drivers or pedestrians, by impairing their ability to safely traverse, and so as not to create a nuisance by projecting or reflecting objectionable light onto an adjacent use or property. See Figure VI-10.

Time limits for outdoor lighting. For all nonresidential uses, all outdoor lighting, except for security lighting, shall be turned off no later than one hour after the close of business and shall remain off until one hour before the business reopens. Security lighting is encouraged to be motion-activated controlled. The foregoing shall not apply to properties that have only one outdoor lighting fixture.

Illuminance and uniformity. Lighting levels shall comply with the latest published recommendations of the IESNA and the following:

Parking lots in all zoning districts shall have a maximum average lighting level of one footcandle. Parking lot lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level.

Pedestrian walkways, main building entrances and other security areas shall have lighting levels of no more than one footcandle.

Lighting levels under gasoline station canopies shall have a maximum average lighting level of five footcandles.

The uniformity ratio (average to minimum) shall not exceed 3/1 for parking and traffic areas, or 4/1 for pedestrian areas.

Design should establish a hierarchy of lighting to ensure a smooth transition from bright areas to those with subdued lighting.

An exception to the maximum permitted lighting levels shall be made for ATM machines. Minimum lighting levels for ATM machines shall comply with the New York State ATM Safety Act but shall not exceed the standards set forth therein.

Color temperature. LED light sources shall have a maximum color temperature of 2700K.

Maximum lighting height. In order to promote a pedestrian scale in the public realm and to minimize glare and light trespass onto adjacent properties, the following shall apply to the height of outdoor lighting fixtures:

The maximum allowable height of a freestanding pole-mounted lighting fixture shall be 15 feet in all zoning districts, with the exception of the CMU and B Districts, where the maximum height shall be 20 feet. See Figure VI-11.

In all zoning districts, the maximum allowable height of a building- or structure-mounted lighting fixture other than a freestanding pole-mounted fixture shall be 15 feet.

For the purposes of these regulations, the height of a lighting fixture shall be the vertical distance from the finished grade of the ground directly below the center line of the lighting fixture to the highest part of the fixture. The creation of berms, mounds or other devices, or increasing the height of existing berms or mounds, for the purpose of increasing a structure's height is prohibited.

Electrical feeds. Electrical feeds to lighting fixtures and standards shall be run underground, not overhead.

Canopies. Lighting fixtures installed under canopies, building overhangs, roof eaves, or similar structures shall be flush-mounted or recessed into the ceiling of the canopy or overhang, and shall be equipped with flat- or recessed-lenses that do not protrude below the canopy or overhang ceiling. Shielding shall be provided by the fixture itself; shielding by surrounding structures, such as canopy edges, is not permitted.