Town of Yorktown, NY Article III Procedures and Requirements

§ 200-6 General standards for exterior lighting.

All exterior lighting fixtures installed and thereafter maintained other than those serving single-family residential dwellings, except for streetlighting provided by the Town, shall comply with the following requirements:

A. The design, character, size and scale of exterior lighting fixtures shall be consistent with the architectural character of adjacent buildings and their settings within the hamlet.

B. All exterior lighting shall use metal halide, incandescent or fluorescent light sources, except as otherwise permitted by the provisions of this section.

C. Except as otherwise provided in this section, the following light sources and lighting fixture types shall not be used (see Table 1[1]):

(1) High-pressure sodium, low-pressure sodium, mercury vapor and exterior neon light sources.

(2) Cobra-head-type lighting fixtures having dished or drop lenses or refractors which house other than incandescent sources.

(3) Searchlights.

(4) Lighting fixtures having flashing, rotating, moving, pulsing or alternating colored sources.

(5) Floodlights shall not be used on building facades and architectural features of buildings unless all of the following conditions are met:

(a) The floodlight fixture is equipped with baffles and/or shields and is located so as to limit the fixture's direct light distribution on the facade or feature being illuminated and shall not be visible above the building roofline.

(b) The configuration of the floodlight installation shall block all view to the floodlight fixture's lamp(s) from adjacent areas; and

(c) The maximum luminance of any floodlighted surface does not exceed five footlamberts or 17.131 metric candela per square meter, measured at a distance of 50 feet along the normal from the surface to a standing observer.

[1] Editor's Note: Table 1 is included at the end of this chapter.

D. All exterior illumination shall be less than 1.0 footcandles at the property line and all such lighting, other than lighting of roads, parking areas or buildings essential for safety or security purposes or as required by government regulation, shall be extinguished within 1/2 hour after the close of business. Lights that are controlled by photocells and timers are encouraged, as is the use of sensor-activated lights to replace existing lighting which may be needed for safety or emergency purposes. Illuminated signage as permitted under Article XX: Signs, is excluded from this requirement.[2]

[2] Editor's Note: See Ch. 300, Art. XX.

E. All freestanding and wall-mounted luminaires shall be fully shielded light fixtures.

F. No freestanding or building-mounted area lighting fixture shall be located higher than 16 feet above finished grade level.

G. Automated teller machines and automated teller machine facilities shall provide adequate lighting as defined by the New York State ATM Safety Act. Applicant to provide photometric plan.

H. Sports fields may be lit, provided the lights are only on when the field is in use and the light fixtures are shielded to the greatest extent practicable and properly aimed at the intended field of play.

[Amended 7-7-2020 by L.L. No. 6-2020]

I. Where antique-style fixtures are desired, light fixtures that contain a recessed light source, a shielded light source and/or a refracted lens shall be used.

J. Construction site lighting. Care should be taken in the use of temporary lighting on all construction sites to reduce light trespass and glare onto adjacent roadways and properties. All temporary lighting, for security purposes or otherwise, should be directed towards the construction site and shielded when possible. Only security lights shall be permitted to be operated 24 hours a day. All other temporary lighting must be extinguished when the site is inactive.

§ 200-7 Lighting plan approval.

A. Site plan or parking plan applications. A lighting plan shall be submitted and approved by the approval authority for all new and amended site plan or parking plan applications.

(1) Referral. The approval authority shall refer all lighting plans to the Advisory Board on Architecture and Community Appearance for review and comment.

(2) Site inspection. Upon completion of a project, and prior to the issuance of a certificate of occupancy, the applicant is responsible for certifying that the completed project is in accordance with the approved lighting plan. All applicants are required to submit two copies of the as-built computer-generated photometric grid showing footcandle readings every 10 feet and certified by a design professional to the approval authority. The approval authority shall notify the Building Inspector in writing as to the compliance of the site with the approved lighting plan. A certification by the approval authority is required before the release of any performance securities can occur.

(3) Lighting plan revisions or amendment. In the case of revisions or amendments to a lighting plan, the same procedure, rules, and regulations shall apply to such new lighting plan.

(4) Violations. If a site that was approved under this chapter is found not to comply with the approved lighting plan, this shall be deemed a violation of the site plan and the appropriate action under section § 195-42C shall be initiated.

(5) Modification and waiver. The approval authority, upon finding that due to special conditions of a site certain requirements of § 200-6 of this chapter are unsuitable for the site or incompatible with a plan of development, may vary or waive said requirements, provided that such variance or waiver will not be detrimental to the public health, safety, or welfare or have the effect of nullifying the intent and purpose of the adopted Zoning Map, the Zoning Ordinance,[1] the Comprehensive Plan, or this Chapter 200. In varying or waiving such conditions, the approval authority may specify such conditions that will, in its judgment, secure substantially the objectives of the requirements so varied or waived.

[Added 9-15-2015 by L.L. No. 10-2015]

[1] Editor's Note: See Ch. 300, Zoning.

B. Any change in site lighting requires either verification of the existing lighting plan or approval of a new plan.

(1) Verification of existing site lighting. The applicant shall provide to the Director of Planning an as-built computer-generated photometric grid showing footcandle readings every 10 feet and certified by a design professional.

(2) Proposal to change site lighting. A lighting plan shall be approved following the same procedure as for a new or amended site plan or parking plan.