The lawful use of a building existing on July
25, 1954, may be continued although such use does not conform to the
provisions of this chapter.
A nonconforming use which shall be discontinued for more than six months shall thereafter be determined to be illegal and in violation of the ordinances, notwithstanding the provisions of § 213-225 herein. Upon the expiration of the aforesaid six-month period, the said use may not be reinstated, and any structure which shall be in violation of the then controlling ordinances by virtue of this section shall be razed at the expense of the owner.
No owner, lessee or person, firm or corporation
having possession and control of a premises shall build, alter or
use any building, structure or land, nor permit any building, structure
or land to be built, altered or used in a manner contrary to any statement,
representation, application, plan or specification submitted to and
approved by the Town.
[Amended 9-15-1981 by Res. No. 9]
Wherever an industrial, business or motel-hotel
zoned parcel or nonconforming gas station shall abut upon a residential
zoned parcel or any parcel used for residential purposes (except cemeteries)
or wherever a multiple residence or senior citizen M.R. shall abut
upon a residential parcel (except for another M.R. parcel or cemeteries),
there shall be a buffer strip five feet wide erected, planted and
thereafter maintained on the plot pursuant to Planning Board requirements,
unless the Planning Board shall require a greater or larger buffer
strip.
[Amended 11-1-1988]
On a corner lot, no wall, fence, hedge, shrub,
advertising or identification sign or other structure or growth more
than three feet in height from the ground nor less than eight feet
of clearance from above the adjacent pavement, nor any other obstruction
to vision, shall be erected, altered, planted or maintained within
the triangular area bounded by the lot lines of said lot connecting
at the street corner of the lot and a point 20 feet from that intersection
on each of said connecting lot lines. Such obstructions shall not
include public utility poles, traffic control devices, natural grades
or signposts.
It shall be unlawful and deemed a violation
of this chapter for the owner of a parcel of ground to subdivide the
same, whether by sale, devise, gift or otherwise, into smaller plots
which will result in the creation of one or more undersized or substandard
sized plots with relation to area and street frontage requirements
of this chapter in force at the time of such subdivision, and any
plot so created shall be deemed to be in violation of this chapter,
and said violation shall be deemed to extend and apply to all newly
created lots out of the original plot subdivided, whether or not one
or more of the newly created plots is technically in conformity with
the then-existing chapter.
[Added 4-5-1994 by L.L. No. 4-1994]
A.
Notwithstanding any other provision of this chapter
or sections thereof, a procedure is hereby established to allow the
amendment and/or varying of a lot line between the owners of two contiguous
lots. Under no circumstances shall the amendment or varying of the
lot line create a substandard lot or create any situation which will
require a variance to be issued to either one of the properties. Application
for an amendment of a lot line shall be made to the Planning Board
by application and shall not obviate the necessity of filing a subdivision
map if the amendment affects three or more lots.
B.
Provided that all conditions are met by the applicants,
the application shall be made jointly by the contiguous owners and
shall not require the filing of a subdivision map but shall require
the submission of survey and deed in accordance with the terms of
the survey. Upon approval, said document shall be recorded in the
County Clerk's office and the survey shall be filed in the Assessor's
office of the Town of Babylon.
C.
Amendment and/or varying lot line applications shall
be permitted only if the contiguous lots are wholly within the same
zoning classification.
D.
The fee for the application shall be established by
Town Board resolution.
Notwithstanding any other provisions of this
chapter or the sections thereof, where reference is made to lot area
or street frontage requirements in any and all use zones and, further,
reference to exceptions as to a lot in single and separate ownership
as of a certain date, which lot by the present or future lot area
or street frontage requirements is substandard in size, any right
so given a parcel in single and separate ownership as of a certain
date shall be deemed to be lost by the owner of said substandard lot
or its grantees, heirs, successors and assigns, when an owner of said
substandard lot shall acquire an adjacent and abutting lot or where
an owner of an adjacent and abutting lot shall have acquired the substandard
lot, thereby merging the title of the substandard lot into the abutting
and adjoining lot. When such merger shall have been so effected, then
the single and separate ownership exceptions to the requirements of
this chapter, as set forth in this chapter, shall no longer apply
to a previously substandard sized plot, and this interpretation shall
apply in all zones.
A.
Notwithstanding any other provision of this chapter,
any building plot in any district shall be credited in reduction of
overall lot area requirements and front yard requirements with the
footage dedicated to the Town of Babylon for the widening of streets,
when approved by the Planning Board and upon the acceptance of the
deed of dedication by the Town Board.
B.
Notwithstanding any other provision of this chapter,
any building plot in any district shall be credited in reduction of
overall lot area requirements and front yard requirements with the
footage taken by the Town through eminent domain proceedings for the
widening of a street, provided that such does not reduce the overall
lot area or front yard to less than 90% of what is otherwise required
by this chapter.
[Added 10-5-1999 by L.L. No. 19-1999]
Notwithstanding any other provision of this
chapter, on all lots held in single and separate ownership on July
7, 1954, of a frontage of 50 feet or less, an accessory building may
be erected not less than three feet from any side lot line.
Notwithstanding any other provision of this
chapter, on all lots held in single and separate ownership on July
7, 1954, of a frontage of 50 feet or less, a building may be erected
with 16 feet in side yards, and neither side yard less than six feet.
[Added 10-16-2001 by L.L. No. 10-2001; amended 3-15-2017 by L.L. No.
17-2018; 1-5-2022 by L.L. No. 1-2022]
A.
All buildings constructed, or which incur 40% or more reconstruction,
alteration, or change in use, after the effective date of this section
and located in either the MR Multiple Residence District, E Business
District, EA Business District, EB Business District, MH Planned Motel-Hotel
District, G Light Industrial District, GA Light Industrial District,
GB Light Industrial District, H Industrial District, PIP Planned Industrial
Park District, DC Downtown Copiague District, or WFBC Wyandanch and
Straight Path Corridor Form Based Code District shall have such sprinkler
system or systems fully installed in accordance with the National
Fire Protection Association 13 (NFPA 13) Standards for the Installation
of Sprinkler Systems (as amended from time to time and adopted by
the State of New York).
[Amended 3-30-2022 by L.L. No. 5-2022]
B.
In the event the provisions of NFPA 13 conflict with the International
Fire Code (IFC), the more restrictive provision shall apply.
[1]
Editor's Note: Former § 213-235,
Measurement of building plot width, was repealed 7-20-1999 by L.L.
No. 14-1999.
[Amended 9-21-2004 by L.L. No. 27-2004; 10-6-2009 by L.L. No.
22-2009; 1-27-2015 by L.L. No. 1-2015; 2-13-2019 by L.L. No. 1-2019; 8-2-2023 by L.L. No. 14-2023]
The Town Board finds that the proliferation of vacant and abandoned
buildings, structures and dwellings in the Town of Babylon causes
a deterioration of communities and areas within the Town of Babylon
and has a negative impact on the value of property in close proximity
to the vacant and abandoned buildings, structures and dwellings. Furthermore,
the Town Board finds that vacant and abandoned buildings, structures
and dwellings have caused a serious threat to the safety and welfare
of the residents of the Town and had eroded the quality of life of
all who live and work in the Town. Abandoned and vacant buildings,
structures and dwellings are places of infestation of rodents, vermin,
insects, wild animals and other health-threatening creatures and diseases,
provide shelter to criminals and vagrants who use such places to evade
the police and to conduct illicit activities, and are an attractive
nuisance to children and adults alike.
A.
No building or other structure which has been damaged by fire or
other causes to the extent of more than 50% of its value, exclusive
of foundation, shall be repaired or rebuilt except in conformity with
the regulations of this chapter and the Building Code.
B.
Vacant or abandoned buildings, structures and dwellings may not be
boarded up, or have the doors, windows, entrances and exits concealed,
covered, obscured or hidden in any manner, except in an emergency
and then for a period not to exceed 30 days.
C.
Annual registration of vacant buildings and registration fees.
(1)
Purpose. The purpose of this section requiring the registration
of all vacant buildings, including dwellings as referenced below,
and the payment of registration fees is to assist the Town in protecting
the public health, safety and welfare, to monitor the number of vacant
buildings in the Town, to assess the effects of the condition of those
buildings on nearby businesses and the neighborhoods in which they
are located, particularly in light of firesafety hazards and unlawful,
temporary occupancy by transients, including illicit drug users and
traffickers, and to require of the owners of such vacant buildings
their registration and the payment of related fees, and to promote
substantial efforts to rehabilitate such vacant buildings. The provisions
of this section are applicable to the owners of such vacant buildings
as set forth herein and are in addition to and not in lieu of any
and all other applicable provisions of this chapter, the health and
sanitation code, and any other applicable provisions of the Babylon
Town Code.
(2)
Definitions and applicability; registration statement and fees.
(a)
BOARDED
EXTERIOR MAINTENANCE AND MAJOR SYSTEMS
OCCUPIED
OPEN
OWNER
VACANT
Definitions. For purposes of this section, the following words
and phrases shall have the meanings respectively ascribed to them
as follows:
A building or structure subject to the provisions of this
section shall be deemed to be boarded if in place of one or more exterior
doors, other than a storm door, or of one or more windows, there is
a sheet or sheet of plywood or similar material covering the space
for such door or window.
The safe and lawful maintenance of the facade, windows, doors,
roof, and other parts of the exterior of the building and the maintenance
of its major systems consisting of the roof, the electrical and plumbing
systems, the water supply system, the sewer system, and the sidewalk,
driveway, if any, and area of the lot.
Any building or structure shall be deemed to be occupied
if one or more persons actually conducts a lawful business or resides
in all or any part of the building as the licensed business occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
non-transient basis, or any combination of the same. For purposes
of this section, evidence offered to prove that a building is so occupied
may include, but shall not be limited to, the regular receipt of delivery
of regular mail through the United States Postal Service; proof of
continual telephone, electric, gas, heating, water and sewer services;
a valid town business license, or the most recent, federal, state,
or city income tax statements indicating that the subject property
is the official business or residence address of the person or business
claiming occupancy; or proof of pre-rental inspection.
A building or structure subject to the provisions of this
section shall be deemed to be "open" if any one or more exterior doors
other than a storm door is broken, open and/or closed but without
a properly functioning lock to secure it, or if one or more windows
is broken or not capable of being locked and secured from intrusion,
or any combination of the same.
An owner of the freehold of the premises of any lesser estate
therein, a mortgagee, a vendee-in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm or corporation
that is directly or indirectly in control of a building subject to
the provisions of this section, and as set forth below.
A building or structure shall be deemed to be vacant if no
person or persons actually currently conducts a lawfully licensed
business, or lawfully resides or lives in any part of the building
as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s),
or tenant(s) on a permanent, non-transient basis.
(b)
Applicability. The requirement of this section shall be applicable
to each owner of any building that is not a dwelling that shall have
been vacant for more than 45 consecutive days and to each owner of
residential property consisting of one or more vacant dwellings that
shall have been vacant for more than 45 consecutive days. Each such
owner shall cause to be filed a notarized registration statement,
which shall include the street address and parcel number of each such
vacant building, the names and addresses of all owners, as hereinafter
described, and any other information deemed necessary by the Town
Clerk. The registration fee(s), as required herein, shall be billed
by the Town Clerk and shall be paid by the anniversary date of each
calendar year that the property is vacant. For purposes of this section,
the following shall also be applicable:
[1]
If the owner is a corporation, the registration statement shall
provide the names and residence addresses of all officers and directors
of the corporation and shall be accompanied by a copy of the most
recent annual franchise tax report filed with the Secretary of State;
[2]
If an estate, the name and business address of the executor
of the estate;
[3]
If a trust, the name and address of all trustees, grantors,
and beneficiaries;
[4]
If a partnership, the names and residence addresses of all partners
with an interest often 10% or greater;
[5]
If any other form of unincorporated association, the names and
residence addresses of all principals with an interest of 10% or greater;
[6]
If an individual person, the name and residence address of that
individual person.
(c)
Registration statement and fees; local agent. If none of the
persons listed, as above, is shown at an address within the state,
the registration statement also shall provide the name and address
of a person who resides within the state and who is authorized to
accept service of process on behalf of the owners and who shall be
designated as a responsible, local party or agent, both for purposes
of notification in the event of an emergency affecting the public
health, safety or welfare and for the purposes of service of any and
all notices or registration statements as herein authorized and in
connection herewith. Registration shall be required for all vacant
buildings, whether vacant and secure, vacant and open or vacant and
boarded, and shall be required whenever any building has remained
vacant for 45 consecutive days or more. In no instance shall the registration
of a vacant building and the payment of registration fees be construed
to exonerate the owner, agent or responsible party from responsibility
for compliance with any other building code or housing code requirement.
One registration statement may be filed to include all vacant buildings
of the owner so registering. The owner of the vacant property shall
be responsible for the payment of the nonrefundable registration fee.
Said fee shall be billed by the Town Clerk and based on the duration
of the vacancy as determined by the following scale:
[1]
For properties that are vacant for less than one year: $100.
[2]
For properties that are vacant for more than one year on the
anniversary, but less than two years: $500.
[3]
For properties that are vacant for at least two years on the
anniversary, but less than three years: $1,000.
[4]
For properties that are vacant for at least three years on the
anniversary, but less than five years: $2,000.
[5]
For properties that are vacant for at least five years on the
anniversary, but less than ten years: $3,500; and
[6]
For properties that are vacant for at least 10 years on the
anniversary: $5,000; plus an additional $500 for each year in excess
of 10 years.
(3)
Appeal rights. The owner shall have the right to appeal the
imposition of the registration fees to the Commissioner of Planning
and Development, upon filing an application in writing with the applicable
nonrefundable filing fee of $50 to the Town Clerk no later than thirty
30 calendar days from the date of the billing statement. On appeal,
the owner shall bear the burden of providing satisfactory objective
proof of occupancy, as defined herein.
(4)
One-time waiver of registration fee. A one-time waiver of the
registration fee for up to 90 days may be granted by the Chief Building
Inspector upon application of the owner and upon review and advice
of the Town Attorney's Office, within 30 calendar days from the date
of the bill for the registration fee, or if denied by the Chief Building
Inspector, upon appeal to the Commissioner of Planning and Development,
if the owner:
(a)
Demonstrates with satisfactory proof that he/she is in the process
of demolition, rehabilitation, or other substantial repair of the
vacant building; and
(b)
Objectively demonstrates the anticipated length of time for
the demolition, rehabilitation, or other substantial repair of the
vacant building; or
(c)
Provides satisfactory proof that he/she was actively attempting
to sell or lease the property during the vacancy period;
(d)
Has paid all past due vacant registration fees and all other
financial obligations and/or debts owed to the Town which are associated
with the vacant property.
(5)
Two-year waiver. Upon application by the owner and satisfaction of Subsection C(4) above, the licenses and inspection review board may grant a one-time two-year waiver of the registration fee, or if denied by the Chief Building Inspector, upon appeal to the Commissioner of Planning and Development, if the owner meets the criteria for nonprofit organizations as defined by section 501(c)(3) of the Internal Revenue Code.
(6)
Delinquent registration fees as a lien. After the owner is given
notice of the amount of the registration fee due, except for those
owners that have properly perfected an appeal as provided above, and
the owner fails to pay the amount due, said amount shall constitute
a debt due and owing to the Town, and the Town may commence a civil
action to collect such unpaid debt.
(7)
Delinquent registration fees as a lien.
(a)
After the owner is given notice of the amount of the registration
fee due, except for those owners that have properly perfected an appeal
as provided above, and the owner fails to pay the amount due, said
amount shall constitute a debt due and owing to the Town;
(b)
Duty to amend registration statement. If the status of the registration
information changes during the course of any calendar year, it is
the responsibility of the owner, responsible party or agent for the
same to contact the Town Clerk within 30 days of the occurrence of
such changes and advise the Town Clerk in writing of those changes;
(c)
Exceptions. This section shall not apply to any building owned
by the United States, the state, the county, nor to any of their respective
agencies or political subdivisions;
(d)
Violations; penalties:
[1]
The failure or refusal for any reason of any owner, or agent
of an owner acting on behalf of the owner, to register a vacant building
or to pay any fees required to be paid pursuant to the provisions
of this section, within 30 days after they become due, shall constitute
a violation punishable upon conviction thereof by a fine in the amount
of not less than $1,000 nor more than $15,000 for each failure or
refusal to register, or for each failure or refusal to pay a required
vacant building fee, as applicable; however, the minimum mandatory
fine for a violation of this section shall not be less than double
the amount of the registration fee due and owning. There shall be
no unconditional discharges or suspended sentences upon conviction
or a plea of guilty to a violation of this section and the minimum
fines are mandatory and must be imposed.
(8)
An
owner, mortgagee or agent, upon receiving information or determining
that the residential property is abandoned, and until the property
is no longer abandoned, shall post and maintain signs affixed or adjacent
to all entrances to the building indicating:
D.
Demolition of "abandoned and deteriorated buildings."
(1)
Notwithstanding the foregoing, the owner of any building or
structure which becomes abandoned for a period of at least five years,
or which becomes dilapidated, deteriorated or decayed from any cause
so as to endanger the health, safety, or welfare of the public, shall
correct the dangerous condition by repairing or demolishing the building
or structure. In the event that any such dangerous condition is not
corrected by the owner, the Town of Babylon shall have the right to
repair or demolish the building or structure so as to correct the
dangerous condition.
(2)
Prior to any repair or demolition of a building or structure
by the Town, the Chief Building Inspector shall serve a notice to
the owner, by certified mail return receipt requested and by regular
mail to his, her or its latest address on file with the Town. The
notice shall contain a description of the condition which is unsafe
or dangerous, an order that the building or structure be repaired
or demolished so as to correct the unsafe or dangerous condition,
and a statement that if the owner fails to commence repairs or demolition
within 30 days from the service of the notice, the Town of Babylon
shall have the right to repair or demolish the building or structure
and that any and all demolition and repair costs incurred by the Town
will be assessed against the property.
(3)
Such notice shall also set forth the time and place at which
a hearing will be conducted by the Town Board during which the owner
will be afforded the opportunity to present evidence regarding the
condition of the property with particular reference to the conditions
described in the aforementioned notice which are alleged to endanger
the public health, safety or welfare. The hearing shall be conducted
no sooner than five days and no later than 20 days after service of
the notice unless the Town Board agrees to adjourn the hearing to
a later date.
(4)
If the owner or any person having an interest in the property
or structure submits evidence at the hearing, the Town Board shall
thereafter make a determination which shall either affirm the initial
determination of the Chief Building Inspector, modify the initial
determination or vacate the original notice. Unless the original notice
is vacated, the Town of Babylon is authorized to repair or demolish
the building so as to correct the dangerous condition set forth in
the notice, as upheld or modified by the Town Board, provided that
more than 30 days has elapsed since service of the initial notice.
Where appropriate, the Town Board is authorized to grant the owner
additional time to repair or demolish the building to correct the
dangerous condition, in which case the Town shall not repair or demolish
the building to correct the dangerous condition unless the owner fails
to do so within the extended time period.
(5)
The owner shall be liable and responsible for the Town's costs
in repairing or demolishing the building to correct the dangerous
condition. Such costs may be assessed against the property as a tax
payable by the owner in the event such costs remain unpaid more than
30 days after demand for payment has been made by the Town.
When two-family dwellings are allowed, provisions
shall be made therein for compliance with the required size of the
building, as set forth in the particular zoning classification, and
in no event shall there be less than 500 square feet of habitable
floor area for each family unit.
Where multiple-family dwellings are allowed,
no dwelling shall be hereafter erected or altered for an apartment
house unless provision shall be made therein for not less than 400
square feet of habitable floor area for each family unit.
To qualify as habitable floor area for the purpose
of this chapter, a second floor shall have or permit a finished ceiling
height of at least seven feet, to be not less than four feet in width
between opposing rafters, shall have a rough flooring laid thereon
and shall have or permit knee walls of not less than four feet in
height, between which the habitable floor area shall be computed,
and further, such floor area, to so qualify, shall have access from
the floor below by a permanent built-in stairway. The second story
shall not be required to be finished except as provided herein.
Notwithstanding any other provision of this
chapter, an existing dwelling with an attached carport, on a plot
held in single and separate ownership on July 25, 1954, may be altered
to provide for the addition to or the enclosure of the existing carport,
provided that said alteration does not, in any manner, diminish the
affected side yard, and provided further that said alteration does
not extend beyond the rear line of the existing dwelling.
Notwithstanding any other provisions of this
chapter, on all lots held in single and separate ownership, with a
dwelling erected thereon, on July 7, 1954, of a frontage of 60 feet
or less, a detached garage may be erected not less than three feet
from any side lot line.
[Added 6-18-2002 by L.L. No. 12-2002]
There shall be only one front door permitted
in all residence districts.
No public parking place shall be conducted in
any district except as a special exception by the Board of Appeals.
A.
Land leveling operations shall be permitted in any district, when approved by the Town Board as a special exception after public hearing and subject to such conditions and special safeguards and posting of such financial security as to the Board may seem appropriate in order to protect the public health and safety and to promote the general welfare, and said uses shall further be subject to the provisions contained in Chapter 117, Excavations, Art. II, Land Resource Excavations, adopted November 9, 1949, as the same may be amended from time to time.[1]
[1]
Editor's Note: This article was amended in
its entirety 5-11-1993 by L.L. No. 4-1993.
B.
In connection with the above, the Board may grant
temporary and conditional permits for a period of two years or less
for uses and buildings which, but for such permission, do not comply
with the requirements of this chapter.
C.
The fee for the above application shall be the same
as for a change of zone.
[Added 11-9-1993 by L.L. No. 11-1993; amended 7-15-2008 by L.L. No. 18-2008]
A.
Purpose.
(1)
The general purpose of this section is to protect
the environment, protect and promote the public health, safety and
welfare, the quality of life, and the ability to view the night sky
by establishing provisions and a process for review of exterior lighting.
(2)
This section establishes provisions for exterior
lighting in order to accomplish the following:
(a)
To provide safe roadways for motorists, cyclists
and pedestrians.
(b)
To protect against direct glare and excessive
lighting.
(c)
To ensure that sufficient lighting can be provided
where needed to promote safety and security.
(d)
To prevent light trespass in all areas of the
Town.
(e)
To protect and reclaim the ability to view the
night sky.
(f)
To allow the flexibility in the style of lighting
fixtures.
(g)
To provide lighting guidelines.
(h)
To discourage the wasting of energy used to
produce excessive lighting.
(i)
To provide assistance to property owners and
occupants in bringing nonconforming lighting into conformance with
this section.
(j)
To minimize the impact of stray lighting on
human health, habitat and environment.
B.
AREA LIGHT
AVERAGE HORIZONTAL FOOTCANDLE
ESSENTIAL LIGHTING
EXCESSIVE LIGHTING
EXTERIOR LIGHTING
FIXTURE (also called "luminaire")
FLOODLIGHT
FOOTCANDLE (FC)
FULL CUTOFF (FCO)
FULLY SHIELDED
GLARE
(1)
(2)
(3)
(4)
HID LIGHTING
HOLIDAY LIGHTING
IESNA
IESNA RECOMMENDED PRACTICES
ILLUMINANCE
LAMP
LIGHT
LIGHTING ASSEMBLY
LIGHT POLLUTION
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINANCE
MOUNTING HEIGHT
NONCONFORMING LIGHTING
NONESSENTIAL LIGHTING
PARTIALLY SHIELDED
PHOTOMETRICS
REPAIR OF A LUMINAIRE OR SIGN
SKYGLOW
TEMPORARY LIGHTING
UNIFORMITY RATIO (U RATIO)
UNSHIELDED FIXTURE
Definitions. As used in this section, unless otherwise
expressly stated, the following terms shall have the meanings indicated:
A luminaire designed for illumination of a broad area. Area
lights include, but are not limited to, streetlights, parking lot
lights and yard lights over 1,800 (100 watts incandescent) lumens.
The average level of illuminance for a given situation measured
at ground level with the light meter placed parallel to the ground.
Lighting that is used for a specified period of time, which
is necessary for a specific task or purpose while said task or purpose
is actively being performed. This includes lighting that is necessary
to promote public safety or facilitate public circulation.
Illuminance levels beyond that which is required for safety,
as is indicated on the Table of Limits of Illumination Levels. (See
Table 3 at the end of this chapter).[2]
Temporary or permanent lighting equipment that is installed,
located or used in such a manner with the intention to cause light
rays to shine outdoors. Luminaires located indoors that are intended
to light something outside are considered exterior lighting for the
purposes of this section.
The bulb, the assembly that holds the bulb (or lamp) in a
lighting system, and the mounting apparatus, including reflecting
elements, shielding elements, cover glass or lenses, the ballast,
and the housing.
A fixture rated to produce over 1,800 lumens (100 watts incandescent),
regardless of the number of bulbs, and is designed to flood an area
with light.
The American unit of illuminance (the amount of light falling
on a surface). One footcandle is approximately equal to the illuminance
produced by a light source of one candle, measured on a surface one
foot away from the source. Horizontal footcandles measure the illumination
striking a horizontal plane. Footcandle values can be measured directly
with certain handheld incident light meters.
A classification for a luminaire designed and installed where
no light is emitted at or above a horizontal plane running through
the lowest point on the luminaire. In addition, the luminous intensity
(as measured in candelas) emitted at any angle from 80° up to
90° cannot exceed a numerical value equal to 10% of the lumen
rating of the lamp, as reported in a photometric report from the manufacturer
as produced by an independent lab. A cutoff, or semicutoff, design
allows a restricted amount of light emitted above the horizontal,
and a noncutoff provides no restriction against light emitted above
the horizontal.
A luminaire constructed, lamped, and installed in such a
manner that all light emitted by it, either directly from the lamp
or a diffusing element, or indirectly by reflection or refraction
from any part of the luminaire, is projected below the horizontal.
A full cutoff fixture is also fully shielded, but without any restrictions
on light distribution below the horizontal plane, and it can be identified
without a manufacturer's report.
Stray, unshielded light striking the eye that may result
in:
Nuisance or annoyance, such as light falling
across property lines;
Discomfort, such as bright light causing squinting
of the eyes;
Disability, such as bright light reducing the
ability of the eyes to see into shadows and visual performance; or
Distracting light which diverts the eye from
a visual task.
A family of bulb types known as "high-intensity discharge,"
including high-pressure sodium, mercury vapor, and metal halide. These
types require a warmup time, usually require a ballast, and have a
higher lumen output per wan than incandescent or halogen lamps.
Temporary lights used to celebrate holidays. Holiday lighting
includes, but is not limited to, strings of small individual lights,
illuminated menorahs, illuminated nativity scenes, illuminated candles,
and various yard decorations seasonal in nature.
Illuminating Engineering Society of North America (IES or
IESNA), an organization that establishes updated standards and illumination
guidelines for the lighting industry.
The publications of the IESNA setting forth illuminance levels
for different task areas, e.g., walkways, streets, sportslights, etc.
The density of light falling on any point of a surface, usually
measured in footcandles in the United States. See "footcandle."
The generic term for an artificial light source, to be distinguished
from the whole assembly (see "fixture"); commonly referred to as the
"light bulb."
The form of radiant energy acting on the retina of the eye
to make sight possible.
Any or all parts of a luminaire that function to produce
light, including the bulb, assembly, ballast, mounting features and/or
pole.
Any adverse effect of man-made light, including but not limited
to glare, light trespass, skyglow, visual clutter, wasted energy due
to excessive or unnecessary lighting, or any man-made light that unnecessarily
diminishes the ability to view the night sky or is disruptive to flora
and fauna.
Light projected onto the property of another or into the
public right-of-way when it is not required or permitted to do so.
A unit used to measure the actual amount of light that is
produced by a bulb. The lumen quantifies the amount of light energy
produced by a lamp at the lamp, not by the energy input, which is
indicated by the wattage. For example, a seventy-five-watt incandescent
lamp can produce 1,000 lumens, while a seventy-watt high-pressure
sodium lamp produces 6,000 lumens. Lumen output is listed by the manufacturer
on the light bulb packaging.
The complete lighting assembly (including the lamp, housing,
ballasts, photocells, reflectors, lenses and shields), including the
support assembly (pole or mounting bracket); a light fixture. For
purposes of determining total light output from a luminaire or light
fixture, lighting assemblies which include multiple unshielded or
partially shielded lamps on a single pole or standard shall be considered
as a single unit.
The brightness of a source of light.
The distance from natural grade to the lowest light-emitting
part of the luminaire.
Lighting which does not meet the requirements and specifications
contained herein.
Lighting which is unnecessary and not generally useful (e.g.,
decorative and landscape lighting). This includes lighting intended
for a specific task or purpose when said task or purpose is not being
actively performed (e.g., parking lot illumination and wall-mounted
perimeter lights after business hours).
A luminaire which is not fully shielded but incorporates
a partial shield around the lamp.
Technical test reports that indicate light distribution and
performance from a luminaire. Photometric reports may include candlepower
distribution data, cutoff classifications, footcandle charts, etc.
These are generally available from the luminaire manufacturers.
Any service normally provided by a licensed electrician upon
a luminaire or sign. Repair shall be considered to include replacement
or modification of any of the following: poles, mounting arms, housings,
hardware, wiring, ballasts, lenses, reflectors, diffusers, baffles,
shields, sensors, switches, relays, power supplies, and lamp replacement
modules which contain any of the items listed above. Replacement of
a user-serviceable lamp will not by itself be considered a repair.
The overhead glow from light emitted sideways and upwards,
including light reflected upward from the ground or other surfaces.
Skyglow is caused by the reflection and scattering of various forms
of light by dust, water, and other particles suspended in the atmosphere.
Among other effects, skyglow reduces one's ability to view the night
sky. Different sources of light, in equal quantities, can contribute
differently to skyglow.
Lighting that is intended to be used for a specific event
and removed within seven days thereafter.
A ratio that describes uniformity of illuminance across an
area. The uniformity ratio may be a ratio of the maximum-to-minimum
illuminance or the average-to-minimum illuminance. For example, if
the Illuminating Engineering Society recommends an average-to-minimum
ratio of 4:1 for a parking lot, the minimum illuminance should be
no less than 1/4 of the average illuminance across the parking lot.
A fixture which, as designed or installed, emits all or part
of the light emissions above the lowest light-emitting part of the
fixture.
[2]
Editor's Note: Table 3 is available in the
Town offices.
C.
Applicability; nonconforming lighting; exceptions.
(1)
All exterior lighting, installed, replaced,
altered, changed, repaired or relocated after the effective date of
this section shall conform to the provisions established by this section
except as provided hereto.
(2)
Existing exterior lighting in conflict with
this section shall be classified as "nonconforming." All exterior
lighting existing or installed prior to the date of the adoption herein,
which does not conform with the provisions of the article, shall be
exempt, provided that the following requirements are met:
(a)
Upon adoption of this section, with any installation,
replacement, alteration, change, repair, or relocation of any nonconforming
luminaire, such luminaire shall be brought in compliance with the
terms of this section.
(b)
To the extent that preexisting residential exterior
floodlights can accommodate lamps of a total of less than 1,800 lumens
(100 watt incandescent), said exterior lighting shall be equipped
with a lamp or lamps of a total of less than 1,800 lumens (100 watt
incandescent) per fixture and, to the extent possible, be angled downward,
such that the center beam is not directed above a forty-five-degree
angle measured from the vertical line drawn from the center of the
lamp to the ground and so as not to cause glare, light trespass, or
beam spread beyond the intended target or across property lines. Operable
photocells, motion sensors, timers that allow a light to go on at
dusk and off by 11:00 p.m., as well as retrofit shields, are encouraged
to alleviate nuisance and disability glare.
(3)
Exceptions. Any outdoor lighting, whether residential,
commercial, institutional and privately or publicly owned, which is
lawfully in existence prior to the effective date of this section,
shall be exempt from the provisions of this section under the following
conditions:
(a)
Unshielded residential luminaires. Unshielded
residential luminaires equal to one sixty-watt incandescent lamp per
fixture, regardless of number of lamps, are allowed, provided light
trespass limitations are met.
(b)
Vehicular lights and all temporary emergency
lighting needed by the fire, ambulance, police departments or other
emergency services are exempt.
(c)
Residential sensor-activated luminaires, provided:
[1]
The luminaire is operational and located in
such a manner, or shielded, to prevent glare and light trespass;
[2]
The luminaire is set to only go on when activated
and to go off within five minutes after activation has ceased; and
[3]
The sensor shall not be triggered by activity
off the property.
[4]
The luminaire output, regardless of the number
of lamps, does not exceed 1,800 lumens (100 watts incandescent).
(e)
In situations of lighted flags which are not
illuminated with "downward" lighting, upward lighting may be used
in the form of a single ground-mounted narrow cone spotlight which
confines the illumination to the flag, provided the lumen output is
no more than 1,300 lumens, regardless of the number of lamps. The
Town encourages the tradition of lowering flags at sunset to avoid
the need for lighting.
(f)
Lighting of radio, communication and navigation
towers is allowed, provided the owner or occupant demonstrates that
the Federal Aviation Administration (FAA) regulations can only be
met through the use of lighting that does not comply with this section
and that the provisions of this section are otherwise met to the fullest
extent possible. Tower lighting shall not be permitted unless required
by the FAA, in which case, required lighting shall be of the lowest
allowed intensity and red, unless specifically forbidden under FAA
requirements. Towers which are constructed no higher than 199 feet
are preferable to avoid the need for FAA lighting.
(g)
Installation and replacement of municipal streetlights
which are designated as "historic" or are decorative in nature, if
part of a continuous lighting design scheme where the replacement
of the luminaire on a piecemeal basis with compliant luminaries would
unacceptably degrade or destroy the aesthetic character of the existing
lighting design.
(h)
Existing luminaries used for lighting of municipal
playing fields are exempt from the mounted height and shielding requirements
of this section, provided that the lights are illuminated only when
the field is in use. All new installations shall use shielded luminaries
that control light trespass, glare and upward light (skyglow). The
maximum allowable upward light from the luminaire shall be 5%.
(i)
Lighting used in the undertaking of emergency
roadwork, emergency repair or maintenance of utility lines, or of
sewer or water mains shall be exempt.
(j)
Lighting used for a special event either sponsored
by or by virtue of a contract or permit with the Town of Babylon or
otherwise permitted to take place by the Town of Babylon. Such lighting
may be installed up to seven days before the event and shall be removed
no later than three days of the end of the event, unless otherwise
provided by the Town Board or other designated town officer.
(k)
Lighting of monuments or memorials erected by
or with the approval of the Town.
(l)
Illumination of the United States flag.
(m)
Where federal or state laws, rules or regulations
take precedence.
D.
Placement and height of fixtures for residential and
nonresidential exterior lighting.
(1)
No residential or nonresidential luminaires
shall be taller than 20 feet from the natural grade to the lowest
light-emitting part of the fixture. Parking area 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.
(2)
All exterior lighting rated to be lamped at
1,800 lumens (100 watts incandescent) and greater shall use full cutoff
luminaires, as determined by photometry test or certified by the manufacturer,
and installed as designed with the light source directed downward.
All exterior lighting 1,800 lumens (100 watts incandescent) and less
shall use fully shielded fixtures and shall be installed as designed.
E.
Illumination levels and prohibited effects for residential
and nonresidential exterior lighting.
(1)
All residential and nonresidential exterior
lighting shall not cause light trespass and shall protect adjacent
properties from glare and excessive lighting.
F.
Illuminance and type of lamp for all nonresidential
exterior lighting.
(1)
Permissible luminaire location and effects.
(a)
No luminaire shall be located or concentrated
so as to produce glare or direct illumination across the boundary
property line, nor shall any such light be of such intensity as to
create a nuisance or detract from the use and enjoyment of adjacent
property. See Table 1 and Table 2 for setback, height, and maximum
light output recommendations for guidance.[4]
[4]
Editor's Note: Tables 1 and 2 are available
in the Town offices.
(b)
The maximum illuminance at or beyond the property
line that adjoins a residential parcel or public right-of-way may
not exceed 0.05 fc horizontal on the ground or 0.05 fc vertical measured
at a five-foot height above the ground, unless another applicable
law supersedes. Maximum horizontal or vertical illuminance allowed
between adjacent commercial properties is 0.1 fc.
(2)
Permissible levels of illuminance.
(a)
The average illuminance levels listed in the
Illumination Levels for Various Common Tasks, as provided in Table
3,[5] shall not be exceeded for nonresidential exterior lighting
unless otherwise specified or approved by the Zoning Board of Appeals.
[5]
Editor's Note: Table 3 is available in the
Town offices.
(b)
The Town of Babylon recognizes that not every
situation will require lighting, including situations which may utilize
the installation of reflectorized markers, lines, signs or other passive
means, and excessive or unnecessary light shall be avoided.
(c)
Illuminance level measurements for parking lots,
sidewalks, and other walkways shall include light contributions from
nearby side-mounted building lights, freestanding sidewalk lights
affected by side-mounted building lights, and streetlights.
(d)
In no instance may any lighted surface, as installed,
exceed the maximum values listed in Table 3 for the appropriate task,
as measured horizontally or vertically by a light meter.
(3)
High-pressure sodium, compact fluorescent, or
low-pressure sodium shall be used for all light sources rated over
1,800 lumens (100 watts incandescent). Metal halide (MH) rated over
3,000K and mercury vapor (MV) light sources are not permitted.
G.
General standards for nonresidential exterior lighting.
(2)
All nonessential exterior lighting shall be
turned off within one hour after the close of business or the end
of the activity and no later than 11:00 p.m. for those businesses
that are closed to the public on or before 9:00 p.m. 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.
(4)
Area exterior lights. All area exterior lights
shall be full cutoff luminaries.
(5)
After the adoption of this section, no person,
firm, owner, tenant, person in possession, partnership, corporation
or other business entity shall install, replace, relamp, or repair
any luminaire that lights a public right-of-way within the Town of
Babylon, under the Town's jurisdiction, without first receiving a
building permit for such installation from a building inspector.
(6)
Automatic teller machine (ATM) and other bank
lighting shall be full cutoff and shall not cause glare or light trespass.
Light levels shall not exceed those established by the New York State
ATM Lighting Law as enacted in 2006.
(7)
Unshielded wall packs and floodlights are prohibited.
H.
Procedures for review of nonresidential exterior lighting.
(1)
Any application submitted to the Department
of Planning and Development, Building Division, of the Town of Babylon
shall include exterior lighting plans, luminaire and controls specifications
and additional documentation if any exterior lighting is to be used,
regardless of whether the exterior lighting is preexisting or proposed,
showing the following, in order to verify that exterior lighting conforms
to the provisions of this section:
(a)
Location of each current and proposed outdoor
exterior lighting fixture indicated on a site plan.
(b)
Type of proposed luminaire equipment, including
cutoff characteristics, indicating manufacturer and model number.
(c)
Lamp source type, lumen output, and wattage.
(d)
Mounting height indicated, with distance noted
to nearest property line, for each proposed and existing luminaire.
(e)
Shielding and all mounting details, including
pole foundation description.
(f)
Initial illuminance levels as expressed in footcandle
measurements on a grid of the site showing footcandle readings in
every five-foot square. The grid shall include light contributions
from all sources (i.e., pole-mounted lights, wall-mounted lights,
and signs, including streetlights).
(g)
Schedule of the proposed hours when each luminaire
will be operated.
(h)
Total exterior lighting lamp lumens for proposed
property.
(i)
Lighting manufacturer specifications ("cut sheets")
with photographs of the fixtures, indicating the cutoff characteristics
of the luminaire.
(j)
Detailed-IES formatted photometric data for
each fixture at mounting height and lumens proposed. (Note: This is
computer-generated data which is supplied by all manufacturers, describing
the light output of a fixture, upon which lighting plans are based.
This will allow the Planning Department to fully assess the suitability
of a fixture in a lighting plan, should it wish to double-check the
submission.)
(k)
Types of timing devices used to control on/off
or motion sensors, if any are to be used.
(l)
If necessary, documentation by a licensed lighting
engineer showing that the provisions can only be met with a design
that does not comply with this section.
(2)
No exterior lighting shall be installed, replaced,
altered, changed, repaired, relocated, enlarged, moved, improved,
or converted unless it conforms to a lighting plan approved by the
Department of Planning and Development, Building Division, of the
Town of Babylon.
(3)
The following guidelines will be made available
to applicants to facilitate compliance:
(a)
Illustrations of full-cutoff and full-shielded
fixtures.
(b)
Diagrams of generally acceptable and generally
unacceptable light fixtures.
(c)
Diagrams of recommended fixture placement in
relation to the property line to control light trespass.
(d)
Table for mounting height and maximum light
output recommendations.
(e)
Table of limits of illumination targets for
various common tasks, including parking lots, gas stations, walkways,
and signs.
J.
Illegal exterior lighting.
(1)
Any Building Inspector shall cause a notice
of such violation to be served on the owner or person in possession
of the building, structure or lot where said exterior lighting is
located or the lessee or tenant of the part of or of the entire building,
structure or lot where said exterior lighting is located requiring
such owner, person in possession, lessee or tenant to remove such
illegal exterior lighting within 30 days. Such notice may be served
personally or by certified mail, return receipt requested, and shall
notify the owner, lessee or tenant that the failure to remove said
exterior lighting may result in the issuance of an appearance ticket
and/or an action in Supreme Court seeking the removal of said exterior
lighting.
(2)
Any person, firm, owner, tenant, person in possession,
partnership, corporation or other business entity which fails to comply
with a written order of the Building Inspector of the Town of Babylon
within 30 days from the date of notice or fails to comply with any
lawful order, notice, directive, permit or certificate of the Building
Inspector made hereunder shall be deemed in violation of this section.
Failure to comply may result in actions and proceedings, either legal
or equitable, to enjoin, restrain or abate any violation of this section.
K.
Prohibited acts. It shall be unlawful for any person,
firm, owner, tenant, person in possession, partnership, corporation
or other business entity to install, alter, repair, move, equip, use
or maintain any exterior lighting in violation of any of the provisions
of this section or to fail in any manner to comply with a notice,
directive or order of the Building Inspector of the Town of Babylon.
L.
Penalties for offenses.
(1)
Residential exterior lighting. Violation of
any of the provisions of this section by any person, firm, owner,
tenant, person in possession, partnership, corporation or other business
entity related to residential exterior lighting shall be guilty of
a violation, punishable by a fine not exceeding $250 or imprisonment
not to exceed 15 days, or both; a person, firm, owner, tenant, person
in possession, partnership, corporation or other business entity which
violates this section, after being convicted of a violation of this
section within the preceding year, shall be guilty of a violation,
punishable by a fine not to exceed $500 or imprisonment for a period
not to exceed 15 days, or both; a person, firm, owner, tenant, person
in possession, partnership, corporation or other business entity which
violates this section, after being convicted two or more times of
a violation of this section within the proceeding three-year period,
shall be guilty of a misdemeanor and shall be punished by a fine not
to exceed $1,000 and/or imprisonment for a period not to exceed 30
days.
(2)
Nonresidential exterior lighting. Violation
of any of the provisions of this section by any person, firm, owner,
tenant, person in possession, partnership, corporation or other business
entity related to nonresidential exterior lighting shall be guilty
of a violation, punishable by a fine not exceeding $500 or imprisonment
not to exceed 15 days, or both; a person, firm, owner, tenant, person
in possession, partnership, corporation or other business entity which
violates this section, after being convicted of a violation of this
section within the preceding year, shall be guilty of a violation,
punishable by a fine not to exceed $1,000 or imprisonment for a period
not to exceed 15 days, or both; a person, firm, owner, tenant, person
in possession, partnership, corporation or other business entity which
violates this section, after being convicted two or more times of
a violation of this section within the proceeding three-year period,
shall be guilty of a misdemeanor and shall be punished by a fine not
to exceed $3,000 and/or imprisonment for a period not to exceed 30
days.
M.
Severability. If any clause, sentence, paragraph or
section of this section shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not impair or invalidate
the remainder hereof, but such adjudication shall be confined in its
operation to the clause, sentence, paragraph or section directly involved
in the controversy in which judgment shall have been rendered.
[1]
Editor's Note: Former § 213-245,
Use of tidal lands, was repealed 4-8-1988 by L.L. No. 2-1988.
A noncommercial boathouse may be erected in
any residence district without a rear yard; provided, however, that
said boathouse is erected or structurally altered immediately contiguous
to and has egress and ingress from a navigable waterway.
[Added 4-11-1995 by L.L. No. 10-1995[1]]
A violation of a covenant and restriction imposed as a condition to the granting of a change of zone, variance, special exception permit or building permit shall constitute a violation punishable pursuant to § 213-8 of this chapter.
[1]
Editor's Note: Former § 213-247,
Public utility structures, was repealed 4-8-1988 by L.L. No. 2-1988.
In any residence district, not more than one
real estate sales office building, accessory to and exclusively used
for the conduct of the sale of buildings erected or to be erected
upon subdivided premises, may be constructed upon a portion of such
subdivided premises; provided, however, that such building shall not
be less than 800 square feet in area; shall not be used for habitation
purposes in whole or in part during such real estate sales office
use thereof; shall, unless erected in conformity with the Building
Code and in accordance with all of the provisions of this chapter
regulating the construction of buildings within the use district wherein
such building shall be erected, be removed completely and entirely
by the permittee within 30 days after the sale of the last of the
buildings erected upon said subdivided premises or within 30 days
after suspension or abandonment of building activities or operations
thereon, and, in such event, shall also be the subject of a temporary
building permit which may be issued therefor by the Building Inspector
upon the payment of a fee of $50 and the deposit with him of a proper
surety company bond in the amount of $1,000 for each building to assure
to the Town Board the proper use and ultimate removal of such building
in accordance with the provisions of this section.
[1]
Editor's Note: Former § 213-249,
Summer and day camps, was repealed 4-8-1988 by L.L. No. 2-1988.
Notwithstanding any other provision of this
chapter, any automobile or other junkyard in existence at the effective
date of this chapter in a residence district shall, at the expiration
of two years from such date, be discontinued.
[Added 5-1-1984; amended 1-20-1987]
A.
DUMPSTER
RESIDENCE DISTRICT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A large container for the storage of refuse, which container
is in excess of a one-hundred-gallon capacity or one-half-cubic-yard
capacity, and which container is mechanically emptied or removed.
A Residence A, Residence B, Residence C or Residence D District.
B.
Prohibition. The outside storage of dumpsters is prohibited
in a residence district. This prohibition shall not apply to property
which has a valid, existing nonconforming use, special permit or variance
for use as a multifamily (three or more) or nonresidential use.
C.
Temporary permit. A temporary permit for the outside
storage of a dumpster on property located in a residence district
may be issued in the discretion of the Chief Building Inspector for
a period of up to 60 days. In determining whether such a temporary
permit shall issue, the Chief Building Inspector shall consider:
D.
Emergencies. In an emergency situation, such as a
fire in a residence, a dumpster may be immediately placed in the residential
district by the owner or his agent, provided that the owner of the
property or his agent makes application to the Chief Building Inspector
within three business days thereafter.
E.
Regulations. A dumpster in a residential district
shall have a cover which shall cover the dumpster when it is not in
active use. A dumpster which is allowed in a residential district
as a result of a variance, special permit or nonconforming use status
also must be surrounded on three sides by a solid fence or plantings
which screen the dumpster from view.
F.
It shall be unlawful for any person to store, deposit,
place, maintain or cause or permit to be stored, deposited, placed
or maintained any dumpster upon any portion of any street, lane, sidewalk,
roadway or highway located within the corporate limits of the Town.
G.
Any dumpster left in violation of § 213-250.1F of this chapter which shall unlawfully obstruct or impede traffic or remain on any street, lane, sidewalk, roadway or highway shall be deemed to have been abandoned, and such dumpster may be removed and stored in the manner set forth in Chapter 6 of the Uniform Code of Traffic Ordinances.
[Amended 6-6-2000 by L.L. No. 14-2000]
[Added 9-1-2015 by L.L.
No. 11-2015]
In no event shall fencing material, lumber, pallets, crates, bricks, cement blocks, piping or any other materials be so piled as to exceed the height of eight feet in any district established under this chapter. Piles shall be maintained to the height of the fence required under §§ 213-72, 213-87, 213-102 and 213-107 within 15 feet from said fence.
[Added 3-9-2016 by L.L.
No. 4-2016; amended 7-11-2018 by L.L. No. 19-2018]
A.
Within
a runway protection zone (RPZ), no building or structure shall be
constructed, nor any improvement added to an existing building or
structure, until such building, structure or improvement is determined
by the Federal Aviation Administration (FAA) not to be a hazard to
aerial navigation.
B.
No
building permit or other license or permit shall be issued for any
construction subject to this section until a determination of no hazard
to air navigation, or the equivalent of such determination, has been
issued by the FAA covering the proposed construction. Any permits
issued for such construction shall be conditioned upon the construction,
including temporary construction equipment such as cranes and derricks
remaining within the height limits of the plans submitted to the FAA,
and upon compliance with any lighting or marking requirements specified
by the FAA.
