[HISTORY: Adopted by the Board of Trustees of the Village
of Mill Neck 11-3-2009 by L.L. No. 3-2009. Amendments noted where
applicable.]
The Board of Trustees of the Village of Mill Neck finds and
declares:
A.
The installation of excessive exterior lighting sources is detrimental
to the public health, comfort, convenience, safety, peace and repose
of Village residents.
B.
The restrictions and prohibitions contained in this chapter are necessary
for the protection of the environment of the Village and for the well-being
of its residents and the quiet use and enjoyment of their property.
No person, firm or corporation, their agents, servants or employees, shall install, operate or maintain on private property in the Village any exterior light, lamp or other artificial illumination which is not in compliance with § 78-3.
A.
All exterior lights, lamps and other artificial illumination ("exterior
lighting") shall be arranged, placed, oriented and operated with the
required wattage, reflectors, refractors and screening that will ensure:
(1)
The light beam or any part thereof will not project beyond the property
line of the premises of the owner or occupant.
(2)
The light emitted will not be directed at or towards an adjoining
property or residence on an adjoining property.
(3)
The light source will be oriented, hooded and shielded to the degree
necessary and equipped with the minimum wattage and directed downward
and not outward horizontally so that glare from the light source will
not be an unreasonable nuisance to the adjoining property. For purposes
of this chapter, lighting glare shall constitute an unreasonable nuisance
to an adjoining property if the light projected exceeds 0.2 of a lux
at any point on the adjoining property in the Estate E1 (five acre)
and the Residence R2 (three acre) Districts. In the Residence R1 (8,000
square feet) District, the projected light may not exceed 1.0 lux.
(4)
No light shall be directed upon any surface which shall reflect the
beam beyond the property line of the premises of the owner or occupant.
Light overspill shall not create shadowing discernible without instrument
on any property.
(5)
Exterior lighting controlled by automatic controls shall turn off
after 10 minutes.
(6)
No exterior light shall be placed so as to shed light directly upon
any street so as to interfere with motorists' vision or otherwise
affect safe conditions on any street.
(7)
No single item or cluster of exterior lighting shall be located within
20 feet of another item or cluster of exterior lighting.
B.
No flashing, fluorescent or neon exterior lights shall be permitted.
C.
Holiday lighting, comprised of string lighting and other illuminated
articles, shall be permitted only during the traditional holiday period,
or when not visible from the roadway or adjoining property.
No exterior lighting used to illuminate a residential entrance
sign shall be permitted when the light used for illumination is reflected
on any adjoining property or roadway.
Any exterior lighting presently installed on the effective date
of this chapter in violation of the above standards shall be brought
into compliance with the provisions hereof within six months thereafter.
The Board of Appeals of the Village, after a public hearing,
may grant variances from the requirements of this chapter pursuant
to its authority to grant variances under the Village Law of the State
of New York.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereafter.
