[HISTORY: Adopted by the Town Board of the Town of Southold 7-27-2010 by L.L. No.
5-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 280.
This chapter shall be known as the "Exterior Lighting Law."
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein defined.
Any word or term not noted below shall be used with a meaning as defined
in Webster's Third International Dictionary of the English Language,
unabridged (or latest editions):
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 lumens.
Light that is used for a specified period of time, which
is necessary for location identification, safety, security or public
circulation purposes.
Illuminance levels beyond that which is required for safety,
as recommended in IESNA Recommended Practices, or higher than five
footcandles on any lit surface unless a higher level is indicated
on the Table of Limits of Illumination Levels.
Lighting that is mounted, located, lamped or used, whether
inside or outside, to illuminate outdoor features. For the purposes
of this chapter, lighting which is installed indoors but which is
intended to illuminate an area outdoors shall be considered exterior
lighting.
The complete lighting assembly (including but not limited
to the lamp, housing, ballast, timers, photocells, reflectors, cover
glass, lenses, louvers, and shields), including the support assembly
(pole or mounting bracket). For purposes of determining total light
output from a light fixture, lighting assemblies which may include
multiple lamps shall be considered as a single fixture. Also referred
to as a "luminaire."
The basic unit of illuminance (the amount of light falling
on a surface). Footcandle measurement is taken with a light meter.
One footcandle is approximately equal to the illuminance produced
by a light source of one candela in intensity, measured on a surface
at a one foot distance 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.
A cutoff; or semi-cutoff 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 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. It is the same as
a full cutoff luminaire but without any restrictions on light distribution
below the horizontal plane, and it can be identified without a manufacturer's
report.
Unshielded light from a light source that may result in nuisance
or annoyance, discomfort or visual disability.
Temporary lights installed on a residential property which
are installed in connection with holiday or religious observances
between Thanksgiving and the following January 15.
Illuminating Engineering Society of North America (IES or
IESNA), an organization that establishes updated standards and illumination
guidelines for the lighting industry.
The most current publications of the IESNA setting forth
illuminance levels for different task areas, e.g., walkways, streets,
sports lights, etc.
The density of light falling on any point of a surface, usually
measured in footcandles in the United States. See "footcandles."
The source of artificial light as distinguished from the
fixture.
Lighting which is positioned and aimed to illuminate foliage,
driveways, walkways, patios, decks and other exterior pedestrian areas,
whether or not mounted on a structure.
Light fixture or light source, or the effect of light, and
all apparatus and wiring to power artificial light.
Any and all nuisances caused by the adverse effect of man-made
light, including but not limited to glare, light trespass, skyglow,
visual clutter, and wasted energy due to excessive or unnecessary
lighting; or artificial light that unnecessarily diminishes the ability
to view the night sky or is disruptive to flora and fauna.
The light-emitting part or parts of a fixture, consisting
of the lamp or lamps and any transparent or translucent covering over
the lamp, as well as any refractors, reflectors, prismatic lenses,
mirrors, or diffusers which emit or transmit light.
Light projected across property lines or into the public
right of way when it is not required or permitted to do so.
A unit used to measure the amount of light that is produced
by a light source. 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.
The complete lighting assembly (including the lamp, housing,
ballasts, photocells, reflectors, lenses and shields), less 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 vertical distance of the light source from natural grade.
Lighting which is unnecessary for pedestrian passage 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 light fixture that is not fully shielded but incorporates
a partial shield around the lamp by opaque barrier(s) such as louvers,
shields, and other means in order to prevent the light source from
being visible from across property lines, into waterways, or roadways.
Glare or illumination of the night sky, whether direct or
reflected.
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 fur 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 above the lowest part of the light source.
In a case where this chapter is found to be in conflict with
a provision of any other local law, ordinance, code or regulation,
the provision or requirement which is the more restrictive or which
establishes the higher standard shall prevail.
A.
All exterior luminaires installed, replaced or repaired after the
effective date of this chapter shall conform to the standards established
herein.
B.
All existing residential, private commercial, institutional, and
utility-owned or -operated exterior lighting lawfully installed prior
to the effective date of this chapter are deemed nonconforming exterior
lighting. Such nonconforming exterior lighting shall be brought into
compliance with this chapter upon:
A.
General requirements:
(1)
All exterior lighting shall be designed, located, and lamped to prevent
excessive lighting, energy waste, glare, light trespass, and unnecessary
skyglow.
(2)
All nonessential exterior lighting shall be turned off within 1/2
hour after the close of business and/or when not in use. Lights that
are controlled by timers or that are motion-sensor-activated are encouraged
to replace existing lighting necessary for safety purposes.
(3)
Canopy lights, such as service station lighting, shall be fully recessed
and full cutoff luminaires so as to ensure that no light source is
visible from or causes glare on public rights-of-way or adjacent properties.
B.
Placement, height and number of fixtures:
(1)
All proposed exterior lighting should use the least number of poles/fixtures
at the lowest height and at the lowest illuminance levels necessary
to safely light the area for the proposed use.
(2)
All existing and/or new residential, commercial, institutional and
utility exterior lighting shall not cause light trespass and shall
protect adjacent properties from glare and excessive lighting.
(3)
No luminaires shall be taller than or mounted higher than 35 feet
from the ground to their tallest point.
(4)
If illuminance grid lighting plans cannot be reviewed or if fixtures
do not provide photometrics and bulbs are under 1800 lumens, the following
requirements apply:
(a)
Pole height shall be no greater than four times the distance
to the property line and maximum lumen levels permitted for different
fixture heights are as follows:
|
Mounting Height
(feet)
|
Lumen Maximums
| |
|---|---|---|
|
6
|
500 - 1,000 lumens
| |
|
8
|
600-1,600 lumens
| |
|
10
|
1,000 - 2,000 lumens
| |
|
12
|
1,600 - 2,400 lumens
| |
|
16
|
2,400 - 6,000 lumens
|
C.
Illuminance and type of lamp:
(1)
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. The maximum illuminance
at the property line of a parcel that adjoins a residential parcel
or public right of way may not exceed 0.05 footcandle. The maximum
illuminance at the property line between two nonresidential properties
is 0.1 footcandle.
(2)
The average illuminance levels listed in the illumination levels
for various common tasks, as provided in the IESNA Recommended Practices
Guidelines, shall not be exceeded for exterior lighting unless otherwise
specified or approved by the Building Department or the Planning Board.
The maximum number of lumens for commercial uses is 25,000 lumens
per acre. For proposals in residential and limited business districts
the maximum number of lumens is 10,000 lumens per acre. The Town recognizes
that not every situation will require lighting, and excessive or unnecessary
light shall be avoided. Appropriate lighting levels are dependent
upon the general nature of the surroundings and the Building Department
or Planning Board may require more or less than those listed in the
IESNA Recommended Practices Guidelines. Illuminance level measurements
for parking lots, sidewalks, and other walkways shall include any
light from nearby side-mounted building lights, freestanding sidewalk
lights affected by side-mounted building lights, and existing or proposed
streetlights. In no instance may any lighted surface, as installed,
exceed five footcandles, as measured horizontally or vertically by
a light meter unless it can be demonstrated that a higher level is
necessary for the proposed use (higher levels should be based on guidelines
established either in the IESNA Handbook or similar professional or
governmental guidelines or regulations, (e.g., federal standards establishing
lighting levels around automated teller machines).
(3)
The light source shall not exceed 3,000 Kelvin.
(4)
Streetlights shall be full cutoff high-pressure sodium, low-pressure
sodium, or fluorescent, unless otherwise determined that another type
is more efficient. Streetlights along residential streets shall not
exceed seventy-watt high-pressure sodium (hps) light with a lumen
output of 6,400. Streetlights along nonresidential streets or at intersections
shall not exceed 150 watts hps each, with a lumen output of 1,600,
except the lights at major intersections on state highways shall not
exceed 250 watts hps. If a light type other than high-pressure sodium
is permitted, then the equivalent output shall be the limit for that
light type. Exception: replacements of "historic" lighting design
where the replacement of the luminaire piecemeal with compliant luminaires
would unacceptably degade the aesthetic characteristics of the existing
lighting design.
The following exterior lighting is exempt or is partially exempt
from the provisions of this chapter:
A.
Vehicular lights, United States Coast-Guard-approved maritime navigational
lighting, temporary lighting associated with nighttime roadwork and
construction activities, and all temporary emergency lighting needed
by fire, ambulance, and police departments or other emergency services
are exempt.
B.
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. 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 otherwise specifically
forbidden under the FAA regulations.
C.
Holiday exterior lighting is exempt from provisions regarding shielding;
location, mounting height and total wattage, but must be turned off
by 12:59:a.m.
D.
Temporary lighting in association with an approved special event
permit shall comply with all provisions exclusive of location, mounting
height, and total wattage, and shall be extinguished no later than
12:59 a.m. on the date of the approved event.
E.
Upward lighting of the American (and/or other governmental) flag
in the form of a single ground-mounted narrow cone spotlight located
at the base of the pole which confines the illumination to the flag
and limits lumen output to a total of 1,800 lumens (equivalent to
100 watt incandescent) is exempt. The Town encourages the tradition
of raising and lowering flags to avoid lighting.
F.
Recreational lighting:
(1)
Public recreational lighting shall comply with all provisions of
this chapter, exclusive of height and maximum footcandle limits set
forth in § 136-5C(2). No public recreational facility shall
be illuminated after 11:00 p.m., except to conclude a recreational
or sporting event or any other similar activity conducted at or in
the facility which was in progress under such illumination prior to
11:00 p.m.
(2)
Private recreational lighting shall comply with all provisions of
this chapter, exclusive of the maximum footcandle limits set forth
in § 136-5C(2). No private recreational lighting shall be
illuminated after 11:00 p.m.
The following are prohibited:
A.
Searchlights, other than those required by law.
B.
Strobe lights, laser lights, or revolving lighting.
C.
Blinking, pulsating, tracing or flashing lights.
D.
Lighting which is used to outline or illuminate a building, structure
or window, except to light a permitted sign, where such light will
be focused downward from above and is lighting only the sign.
E.
Floodlighting or "wall washing" lighting which is designed to illuminate
the walls of a building or other structures, except to light a permitted
sign, where such light will be focused downward from above and is
lighting only the sign.
F.
Any light fixture that may be construed as or confused with a traffic
control device or maritime navigational marker.
H.
Unshielded light fixtures, except as permitted herein.
A.
All applications for sign permits or building permits shall include
lighting plans showing the following information to verify that proposed
lighting conforms to the provisions of this chapter:
B.
All applications for site plan and subdivision approval shall include
lighting plans certified by a licensed professional, luminaire and
controls specifications and additional documentation, if any lighting
is to be used, regardless of whether the lighting is preexisting or
proposed, showing the following to verify that the lighting conforms
to the provisions of this chapter:
(1)
Location of each current and proposed outdoor lighting fixture indicated
on a site plan.
(2)
Type and number of fixtures, including cutoff characteristics, indicating
manufacturer and model number(s).
(3)
Lamp source type, lumen output, and wattage.
(4)
Mounting height indicated, with distance noted to nearest property
line for each luminaire.
(5)
Types of timing devices used to control on/off and the hours set
for illumination, as well as the proposed hours when each fixture
will be operated.
(6)
Shielding and all mounting details, including pole foundation description.
(7)
Total lumens for all fixtures and total square footage of areas to
be illuminated.
(8)
For plans that require three or more fixtures, the submission of
a calculations summary indicated all footcandle levels on the lighting
plan, noting the maximum, average and minimum as well as the uniformity
ratio of maximum to minimum and average to minimum levels.
(9)
Lighting manufacturer specifications ("cut sheets") with photographs
of the fixtures, indicating the cutoff characteristics of the luminaire.
(10)
For plans that require three or more fixtures, the submission
of an isometric footcandle distribution diagram indicating the light
levels for the fixtures at the designated mounting heights. Maximum
illuminance levels should be expressed in footcandle measurements
on a grid of the site showing footcandle readings in every ten-foot
square. The grid shall include light contributions from all sources
(i.e., pole-mounted lights, wall-mounted lights, and signs, including
private streetlights).
(11)
If necessary, documentation by a lighting engineer showing that
the provisions can only be met with a design that does not comply
with this section.
C.
For all other exterior lighting which must conform to the requirements
of this chapter, the Building Inspector shall issue a decision whether
the exterior lighting complies with the standards set forth herein.
All such decisions may be appealed to the Zoning Board of Appeals
within 30 days of the decision. The Zoning Board of Appeals, after
a public hearing, may grant variances from the requirements of this
chapter.
D.
No exterior lighting shall be altered, enlarged, moved, or converted
unless it conforms to a lighting plan approved by the Building Department,
Planning Board or Zoning Board of Appeals.
A.
Any action by any person, organization, corporation, group or other
entity which violates or does not comply with any provision of this
chapter shall be punishable by a fine not to exceed $250 for residential
violations and a fine not to exceed $750 for nonresidential violations.
B.
Each continuing day of violation of this chapter shall constitute
a separate offense.
C.
In addition to the above-provided penalties, the Town may also maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter.
