Town of Cortlandt, NY Article IV General Regulations

§ 307-8 Conformance required.

A. Except as provided herein, no structure shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or structure be used, designed or arranged to be used, for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such structure or land is located.

B. Notwithstanding the provisions of Subsection A, any lot with an area or width less than that prescribed for a lot in the district in which such lot is situated, provided that the owner of said lot owned no adjoining land on or after the effective date of this chapter or any subsequent amendment which increases the required lot area or width for such parcel, may be used for any purpose as permitted in the district. All other regulations prescribed for the district in which such lot is situated shall be complied with; however, if the yard requirements cannot be met, the location of any structure upon such parcel shall be subject to the approval of the Zoning Board of Appeals pursuant to Article X of this chapter. See § 307-89.

C. Any lot with an area or width less than that prescribed for a lot in the district in which such lot is situated, when the owner thereof owned adjoining land on or after the effective date of this chapter or any subsequent amendment which increases the required lot area or width for such parcel, shall be deemed to have merged with said adjoining land to form a single parcel; provided, however, that such merger will not create a nonconforming use. Further, if the adjoining land has been divided into several substandard lots, merger shall occur only to the extent that the minimum lot width requirements of this chapter are met, but not necessarily the minimum lot area requirements. See § 307-89.

§ 307-9 Buildings to be located on lot.

Every building hereafter erected shall be located on a lot as herein defined and, except as herein provided, there shall be not more than one principal building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted.

§ 307-10 Yard or open space for every building.

No yard or open space required in connection with any structure or use shall be considered as providing the required open space for any other structure on the same or another lot.

§ 307-11 Subdivision of a lot.

A. No lot shall be subdivided other than pursuant to and in accordance with Chapter 265, Subdivision of Land, of the Code of the Town of Cortlandt.

B. No lot containing a structure shall be subdivided unless such structure, all yards and open spaces connected therewith and all new lots resulting from such subdivision comply with all requirements prescribed by this chapter for the district in which said lots are located. No building permit shall be issued for the erection of a structure on any new lot thus created unless such structure and lot comply with all the provisions of this chapter.

C. No vacant lot shall be created by subdivision unless all new lots resulting from such subdivision comply with all requirements prescribed by this chapter for lots created by subdivision in the district in which said lots are located.

§ 307-12 Means of measurement; de minimus rule.

Under the conditions specified herein, in establishing compliance with the dimensional requirements of this chapter, measurements which result in fractional feet shall be rounded upward to the nearest foot when the fraction is one-half (1/2) foot or greater and downward to the nearest foot when the fraction is less than one-half (1/2) foot. This rule may be applied only when, in the judgment of the Director of Code Administration and Enforcement or his designee, application of the rule would have no adverse impact upon health, safety and welfare and there is or has been no intention by the current owner of the property, the builder or any other party to violate the dimensional requirements of this chapter.

§ 307-12.1 Nursery school.

[Amended 9-14-2004]

A. Purpose. The Town recognizes that adequate facilities should be provided to meet the needs for child care of Town residents. The Town further recognizes that nursery school facilities should be provided in a manner that does not disrupt residential neighborhoods. The purpose of this section is to allow for certain types of nursery school facilities that are most compatible with residential areas and to establish standards which ensure protection of the neighborhoods.

B. Application requirements. An exterior site plan showing the location of proposed structures, recreation areas, parking areas, dropoff areas, vehicular circulation and adjacent land uses shall be submitted as part of the application for a special permit.

C. Standards and conditions.

(1) The minimum lot area shall be as required for a new lot in the district in which the proposed facility is located, but not less than 10,000 square feet.

(2) Yard, building coverage and height requirements shall be as required for a single-family dwelling in the district in which the proposed facility is located.

(3) Recreation areas. Recreation areas shall not be located in front yards.

(4) Fencing, landscaping and screening of recreation areas, dropoff areas and parking areas shall be provided so as to prevent adverse impacts upon adjoining properties.

(5) These regulations shall not apply to facilities licensed by the New York State Department of Social Services.

§ 307-12.2 Conservation, recreation and open space districts (CROS).

[Added 4-11-2006]

A. It is the intent and purpose of CROS Districts to protect and enhance environmentally sensitive and unique parcels to preserve their scenic, recreation, natural and aesthetic qualities consistent with the 2004 Comprehensive Master Plan.

B. CROS is established to ensure the preservation of privately owned lands used for recreational and/or conservation purposes and publicly owned lands such as the New York City watershed and reservoir, steep slopes, wetlands, flood-prone areas, unique, natural or geographic formations, rare vegetation or habitats of endangered wildlife, lakes, ponds, significant recreational areas or resources, trails, bikeways, pedestrian routes and significant scenic routes, particularly ridge lines, water bodies and mountains.

C. This district will not apply to areas of less than 25 acres unless the area or the parcel is otherwise encumbered by conservation easements, use restrictions or cluster subdivision set-asides pursuant to § 278 of the NYS Town Law.

D. CROS parcels may be subject to private conservation easements, purchase of development rights and open space preservation pursuant to § 278 of the New York State Town Law to protect and preserve environmentally sensitive land in a manner so as to preserve the natural and scenic qualities of open lands and creating connectivity with adjacent open space, when applicable.

E. Not all private/public conservation easements are intended to be a part of the CROS District.

F. Within the CROS District, it is strongly encouraged to use conservation easements, best practices and cluster development and to preserve biotic corridors.

§ 307-12.3 Outdoor lighting standards.

[Added 8-13-2024 by L.L. No. 8-2024]

A. Purpose. The general purpose of this section is to protect and promote the public health, safety and welfare of the residents of Cortlandt, as well as preserve the quality of life, retain community character and afford the public the ability to view the night sky, by establishing regulations and a process for review of outdoor lighting. This section establishes standards for outdoor lighting in order to accomplish the following:

(1) To protect against light pollution, glare, light trespass, and dramatic contrasts between lit and unlit areas while ensuring that sufficient lighting can be provided where needed to promote safety and security;

(2) To 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;

(3) To promote the conservation of energy and the reduction of greenhouse gas emissions from outdoor lighting, in accordance with the Town's pledge to be a New York State Climate Smart Community;

(4) To protect and reclaim the ability to view the night sky;

(5) To reduce the impact of artificial lighting on human health, flora, fauna, and the environment.

B. Applicability.

(1) Single-family and two-family dwellings.

(a) Existing installations. All existing outdoor lighting on a structure and/or property devoted exclusively to single- or two-family residential use, installed prior to the effective date of this section, shall be exempt from the provisions of this section provided the existing lighting does not result in any light trespass and/or glare to neighboring properties. Any lighting resulting in such must be shielded or replaced to prevent light trespass and/or glare, or mitigated with landscaping and/or fencing or other visual buffering.

(b) Installation, replacement, modification, or refurbishment of existing installations. All new and existing outdoor lighting on a structure and/or property devoted exclusively to single- or two-family residential use which is installed, replaced, modified, refurbished, and/or retrofitted after the effective date of this section, shall be the minimum necessary, in both number of luminaires and intensity of light, to achieve the intended purpose of the lighting, shall not result in light trespass and/or glare onto neighboring properties, and should meet the standards as provided in § 307-12.3F to the greatest extent practicable.

(2) All uses other than single-family and two-family dwellings.

(a) Addition, Replacement, Modification, Alteration, and Refurbishment of Existing Installations, Including Bulb Replacement or Improvements. All existing and proposed outdoor lighting for uses other than single- and two-family residential uses and/or property, which is replaced, modified, refurbished, retrofitted, installed, added, improved, and/or altered after the effective date of this section, shall meet the standards as provided in this section.

(b) Properties undergoing substantial improvement. Any repair, alteration, addition, or improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the structure, before the improvement or repair is started, shall comply with this § 307-12.3, Outdoor lighting standards. The does not, however, apply to either of the following:

[1] Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that is the minimum necessary to ensure safe conditions.

[2] Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

(c) Municipal lighting.

[1] LED lighting must be installed for all outdoor lighting purposes in connection with every municipal major renovation or new construction project that involves the expenditure of municipal capital dollars except as follows:

[a] Where LED lighting is not technically feasible in connection with a specific lighting situation, as determined by the project architect or other associated design professional;

[b] Where the use of LED lighting in a specific situation presents an undue cost burden, as determined by the Department of Environmental Services, Department of Technical Services, or other Town staff or consultants; or

[c] Where the Town or its consultants determines that an alternative lighting proposal is more energy efficient.

[2] This requirement shall apply to all projects funded by the Town's annual capital budget ordinance, unless in any particular fiscal year the ordinance contains specific contrary language, and shall apply in addition to any other restrictions placed on the expenditure of capital dollars contained in such an ordinance.

C. Exempt outdoor lighting.

(1) Lighting that is required by federal or state laws or regulations;

(2) Emergency lighting, as needed by police, fire, medical, utility or other emergency service;

(3) 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;

(4) Lighting of a single-family or two-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 does not create light trespass and glare on adjacent properties;

(5) 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, provided the lighting does not result in negative health or safety impacts.

(6) Low voltage decorative string/rope lights on a building as long as such lights are not prohibited in Subsections D(6) or (7) herein.

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

(8) Temporary lighting for theatrical or performance areas;

(9) Underwater lighting in swimming pools and other water features;

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

(11) Other Town, county, or state lighting installed for the benefit of public health, safety, and welfare.

D. Prohibited outdoor lighting.

(1) Uplighting is prohibited. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes shall be illuminated only with steady, stationary, fully shielded fixtures without causing glare or light trespass beyond the property line.

(2) Roof-mounted area lighting is prohibited.

(3) The use of search lights, strobe lights, klieg lights, laser lighting, or any similar high-intensity light is prohibited, expect for use in emergencies by police, fire, or medical personnel or at their direction.

(4) The use of mercury vapor and metal halide lamps are prohibited.

(5) Unshielded fixtures are prohibited.

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

(7) 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.

E. Permit requirements. A permit is required for outdoor lighting associated with any project other than single- or two-family dwellings. The following information is required to be submitted as part of the permit application:

(1) A luminaire schedule indicating the number, location, mounting height, arm or tenon structure information, orientation, type of illuminating device, and lighting levels of all proposed and existing outdoor lighting fixtures;

(2) A photometric lighting plan, such as that furnished by manufacturers, showing lighting levels in footcandles at ground level;

(3) Manufacturer's cut sheets of all proposed lighting fixtures clearly indicating the selected BUG rating (or cut-off classification if no BUG rating is available), correlated color temperature (CCT) in Kelvin (K), color rendering index (CRI), glare reduction/control devices, selected mounting structure, and motion-activated control devices for each fixture type;

(4) For the areas of the site that will be illuminated, as determined by the Director of Code Enforcement and/or Planning Board, a calculation of average, maximum, and minimum lighting levels, and the uniformity ratio. Unlit areas beyond the boundaries of the lighting installation shall not be included in the calculations for average, maximum, and minimum lighting levels.

(5) Location and use of adjacent properties;

(6) Additional information that the Planning Board or Director of Code Enforcement determines is necessary, including but not limited to a statement of the proposed hours and days of the week when the lighting fixture(s) will be on and when they will be extinguished;

F. General outdoor lighting requirements.

(1) Illuminance and uniformity. Outdoor lighting levels shall comply with the following:

(a) Unless otherwise stated in this section, parking lots, pedestrian walkways, main building entrances, and other areas of a site to be lit shall have a maximum average lighting level of one footcandle.

(b) Areas beneath gasoline station canopies shall have a maximum average lighting level of five footcandles.

(c) The uniformity ratio (calculated by dividing minimum/average) shall not be less uniform than 1:3 (0.33) for all parking and traffic areas, or 1:4 (0.25) for pedestrian areas. Uniformity ratios closer to one are preferred.

(d) Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting.

(e) An exception to the maximum permitted lighting levels shall be made for ATM machines. Lighting levels for ATM machines shall be in accordance with the New York State ATM Safety Act, and shall not exceed the standards set forth therein.

(2) Fixture design and shielding.

(a) All outdoor lighting fixtures shall have a maximum BUG uplighting rating of zero (U0) to prevent glare, light trespass, and sky glow. Fixtures that do not have a BUG rating shall be classified by the IES as fully shielded fixtures or shall have the "DarkSky Approved" seal of approval.

Figure IV-1. (Image credit: City of Fort Collins, CO)

(b) All outdoor lighting fixtures installed under canopies, building overhangs, roof eaves, or similar structure, including those beneath gasoline service station canopies, shall be fully-recessed so that the bottom of the fixture is flush with the plane of the ceiling.

(c) All outdoor lighting fixtures installed adjacent to wooded or other natural habitats shall have a maximum CCT of 2200K and a BUG backlighting rating of zero (B0) to reduce potential negative impacts of artificial lighting on wildlife.

(d) All lighting fixtures shall be installed and maintained with fixed arms. The lighting shall be installed to prevent direct glare and light trespass at the property line.

Figure IV-2. (Image credit: DarkSky)

(e) Floodlighting is discouraged but, if used:

[1] Must be shielded to prevent glare for drivers and pedestrians;

[2] Must not permit light trespass beyond the property line; and

[3] Must not emit light above a 75° horizontal plane.

(f) 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 the area, and so as not to create a nuisance by projecting or reflecting objectionable light onto an adjacent use or property.

Figure IV-3. (Image credit: Dark Sky Society, illustrations by Bob Crelin)

(3) Correlated Color Temperature (CCT). All LED light sources shall have a maximum correlated color temperature of 2,700K. Products with color tuning capabilities above 2700K are prohibited.

(4) Color Rendering Index (CRI). All LED light sources shall have a minimum color rendering index (CRI) rating of 70.

(5) Light trespass. All outdoor lights and externally illuminated signs shall be designed, located, installed, and directed in such manner as to prevent light trespass at and across the property lines, to prevent direct glare at any location off the property, and to be shielded to confine the light within the property, as follows:

(a) In all residential districts, and wherever a nonresidential use abuts a residential use, lighting levels at the property line shall not exceed zero footcandle. In addition, no direct light source shall be visible at the property line at ground level or above.

Figure IV-4. (Image credit: City of Fort Collins, CO)

(b) For all other nonresidential uses in a nonresidential zoning district, lighting levels may be allowed up to 0.1 footcandle at the property line with the exception of public highways and rights-of-way as per § 307-12.3F(5)(c), though no light trespass is preferred.

(c) Light trespass onto a public highway or right-of-way shall not exceed zero footcandle.

(6) Mounting height. Unless specified elsewhere herein and except for public/commercial recreational facilities, such as baseball and other field sports, the maximum allowable mounting height of a freestanding or wall-mounted luminaire shall be 15 feet above the average finished grade:

(a) In the CC, CD, HC, and HC-9A zones, the maximum mounting height shall be 18 feet above the average finished grade;

(b) In the Conditional M-1, M-1A, and MD zones, the maximum mounting height shall be 20 feet above the average finished grade.

(7) Lighting controls. For all nonresidential uses, all outdoor lighting except security lighting shall comply with the following:

(a) Be turned off no later than one hour after the close of business and shall remain off until no earlier than one hour before the business reopens;

(b) Security lighting that meets the lighting standards outlined in this section shall be controlled by motion-sensors, dimmers, photocells, or other technology to allow reduction of lighting levels during off hours as deemed appropriate;

(c) Outdoor lighting associated with all uses other than single- and two-family dwellings shall include dimmer or other technologies that allows for the lighting to be reduced it, upon installation, it is determined to be brighter than permitted.

(8) Recreational facilities, public or private. Lighting fixtures for outdoor recreational facilities shall be fully shielded fixtures and DarkSky approved, as defined in this section. Certification of sports field lighting by the DarkSky Approved Outdoor Sports Lighting program is preferred but not required.

G. Construction and maintenance. Outdoor lighting fixtures shall be installed and maintained so as to always meet the requirements of this section, in addition to the following:

(1) Verification of installation. Prior to issuance of a certificate of occupancy, the developer or property owner must be able to verify to the Director of Code Enforcement, in writing, that all outdoor lighting fixtures were installed as described on the approved plans. The Town retains the right to field-inspect the installation to confirm accuracy via a light meter.

(2) Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed after a lighting permit and/or site plan approval has been issued, a change request must be submitted to the Director of Code Enforcement for revised approval. The Director of Code Enforcement, in consultation with the Planning Department and the Engineer for the Town, shall review the change request to assure compliance with this section. If the change request is not substantial, the Director of Code Enforcement may approve it. If the change request is substantial, the Director of Code Enforcement shall forward such request to the Planning Board for an amended lighting permit and/or site plan approval, as applicable, which must be received prior to substitution.

(3) Approved materials and methods of construction or installation/operation. The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved by the Director of Code Enforcement upon confirmation that it:

(a) Provides at least approximate equivalence to the applicable specific requirement of this section; and

(b) Is otherwise satisfactory and complies with the purpose of this section.