As used in this chapter, the following terms
shall have the meanings indicated:
GLARE
The sensation produced by luminances within the visual field
that are sufficiently greater than the luminance to which the eyes
are adapted, which causes annoyance, discomfort, or loss in visual
performance and visibility.
OBJECTIONABLE DIRECT GLARE SOURCE
Glare resulting from excessive levels of illumination or
insufficiently shielded light sources emanating from light fixtures
in the field of view where the lens, lamp or reflector is offensively
visible above a height of five feet at a property line or a public
roadway.
This chapter, as it applies to glare nuisance,
shall be applicable to the following property categories:
D. Community service facilities.
F. Public and private rights-of-way.
H. Multi-dwelling unit buildings.
Whereas an objectionable direct glare source
can be potentially hazardous to motorists, cyclists or pedestrians
by causing discomfort and fatigue or reducing vision especially with
the aged, and whereas such direct glare can also affect performance
by distracting attention, and whereas the people have a right to,
and should be ensured of, an environment free of any such existing
invasive nuisance, it is the policy of the Borough of Eatontown to
prevent any such existing objectionable glare as follows:
A. Light fixtures in the categories set forth in §
170-2 but exempt from Chapter
89 of the Code of the Borough of Eatontown regarding lighting, but which cause an objectionable direct glare source to be visible above a height of five feet from streets or parking lots within the field of view of motorists, cyclists or pedestrians, shall be either shielded or repositioned within 90 days of notification to avoid any potential hazard to such motorists, cyclists or pedestrians.
B. From light fixtures in the categories set forth more fully in §
170-2 but exempt under Chapter
89 of the Code of the Borough of Eatontown regarding lighting, but which cause an objectionable direct glare source to be visible above the height of five feet from residential properties that is offensive to the occupants of such properties by being in violation of the standards set forth in §
89-48C of Chapter
89 of the Code of the Borough of Eatontown, entitled "Light trespass (light nuisance)," which provides that all light fixtures, except street lighting and those used on one- or two-family dwellings, shall not provide illumination exceeding 0.1 footcandle in a vertical plane on residentially zoned property, and shall not be installed and/or maintained in such a way as to produce objectionable direct glare source visible above the height of five feet from any property or public roadway. In such cases, property owners shall be notified to shield or reposition light fixtures within 90 days of notification.
C. All existing electric utility floodlights utilized for illumination on the property categories listed in §
170-2 shall be subject to §
89-48E of Chapter
89, commonly known as the "Light Ordinance," in that such light fixture must be sufficiently shielded and aimed so as to not allow objectionable direct glare source visible at any point on the roadway where the viewing is five feet or greater and when the distance from the mounting pole is 70 feet or greater. Maximum maintained luminance levels must be as prescribed by §
89-48D of the Light Ordinance, and all electric utility floodlights shall be subject to the requirements of §
89-48C entitled "Light trespass (nuisance light)." When existing floodlights are found to be noncompliant, the electric utility and property owner shall be notified to make corrections within 90 days of notification.