§ 213-236 Repair of damaged buildings; abandoned or vacant buildings; registration of vacant buildings; fees.
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.
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]
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.
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.
Amendment and/or varying lot line applications shall be permitted only if the contiguous lots are wholly within the same zoning classification.
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.
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.
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]
All buildings constructed, or which incur 40% or more reconstruction, after the effective date of this section and located in either the M.R. (Multiple Residence) District, E Business District, Ea Business District, Eb Business District, M-H Planned Motel-Hotel District, G Industrial District, GA Industrial District, GB Industrial, H (Heavy) Industrial District or PIP-1 (Planned Industrial Park) District shall have such sprinkler system or systems fully installed in accordance with National Fire Protection Association Standards 13 and 13R (1999 Edition).
Editor's Note: Former § 213-235, Measurement of building plot width, was repealed 7-20-1999 by L.L. No. 14-1999.
§ 213-236 Repair of damaged buildings; abandoned or vacant buildings; registration of vacant buildings; fees.
[Amended 9-21-2004 by L.L. No. 27-2004; 10-6-2009 by L.L. No. 22-2009]
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.
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.
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.
Annual registration of vacant buildings and registration fees.
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.
Definitions and applicability; registration statement and fees.
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.
- EXTERIOR MAINTENANCE AND MAJOR SYSTEMS
- 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.
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:
[Amended 1-27-2015 by L.L. No. 1-2015]
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;
If an estate, the name and business address of the executor of the estate;
If a trust, the name and address of all trustees, grantors, and beneficiaries;
If a partnership, the names and residence addresses of all partners with an interest often 10% or greater;
If any other form of unincorporated association, the names and residence addresses of all principals with an interest of 10% or greater;
If an individual person, the name and residence address of that individual person.
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:
[Amended 1-27-2015 by L.L. No. 1-2015]
For properties that are vacant for less than one year: $100.
For properties that are vacant for more than one year on the anniversary, but less than two years: $500.
For properties that are vacant for at least two years on the anniversary, but less than three years: $1,000.
For properties that are vacant for at least three years on the anniversary, but less than five years: $2,000.
For properties that are vacant for at least five years on the anniversary, but less than ten years: $3,500; and
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.
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.
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:
Demonstrates with satisfactory proof that he/she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and
Objectively demonstrates the anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building; or
Provides satisfactory proof that he/she was actively attempting to sell or lease the property during the vacancy period;
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.
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.
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.
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;
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;
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;
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.
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.
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.
Editor's Note: This article was amended in its entirety 5-11-1993 by L.L. No. 4-1993.
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.
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]
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.
This section establishes provisions for exterior lighting in order to accomplish the following:
To provide safe roadways for motorists, cyclists and pedestrians.
To protect against direct glare and excessive lighting.
To ensure that sufficient lighting can be provided where needed to promote safety and security.
To prevent light trespass in all areas of the Town.
To protect and reclaim the ability to view the night sky.
To allow the flexibility in the style of lighting fixtures.
To provide lighting guidelines.
To discourage the wasting of energy used to produce excessive lighting.
To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this section.
To minimize the impact of stray lighting on human health, habitat and environment.
Definitions. As used in this section, unless otherwise expressly stated, the following terms shall have the meanings indicated:
- AREA LIGHT
- 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.
- AVERAGE HORIZONTAL FOOTCANDLE
- The average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground.
- ESSENTIAL LIGHTING
- 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.
- EXCESSIVE LIGHTING
- 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).
- EXTERIOR LIGHTING
- 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.
- FIXTURE (also called "luminaire")
- 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.
- FOOTCANDLE (FC)
- 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.
- FULL CUTOFF (FCO)
- 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.
- FULLY SHIELDED
- 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:
- (1) Nuisance or annoyance, such as light falling across property lines;
- (2) Discomfort, such as bright light causing squinting of the eyes;
- (3) Disability, such as bright light reducing the ability of the eyes to see into shadows and visual performance; or
- (4) Distracting light which diverts the eye from a visual task.
- HID LIGHTING
- 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.
- HOLIDAY LIGHTING
- 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.
- IESNA RECOMMENDED PRACTICES
- 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.
- LIGHTING ASSEMBLY
- Any or all parts of a luminaire that function to produce light, including the bulb, assembly, ballast, mounting features and/or pole.
- LIGHT POLLUTION
- 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 TRESPASS
- 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.
- MOUNTING HEIGHT
- The distance from natural grade to the lowest light-emitting part of the luminaire.
- NONCONFORMING LIGHTING
- Lighting which does not meet the requirements and specifications contained herein.
- NONESSENTIAL LIGHTING
- 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).
- PARTIALLY SHIELDED
- 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.
- REPAIR OF A LUMINAIRE OR SIGN
- 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.
- TEMPORARY LIGHTING
- Lighting that is intended to be used for a specific event and removed within seven days thereafter.
- UNIFORMITY RATIO (U RATIO)
- 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.
- UNSHIELDED FIXTURE
- A fixture which, as designed or installed, emits all or part of the light emissions above the lowest light-emitting part of the fixture.
Editor's Note: Table 3 is available in the Town offices.
Applicability; nonconforming lighting; exceptions.
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.
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:
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.
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.
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:
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.
Vehicular lights and all temporary emergency lighting needed by the fire, ambulance, police departments or other emergency services are exempt.
Residential sensor-activated luminaires, provided:
The luminaire is operational and located in such a manner, or shielded, to prevent glare and light trespass;
The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased; and
The sensor shall not be triggered by activity off the property.
The luminaire output, regardless of the number of lamps, does not exceed 1,800 lumens (100 watts incandescent).
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.
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.
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.
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%.
Lighting used in the undertaking of emergency roadwork, emergency repair or maintenance of utility lines, or of sewer or water mains shall be exempt.
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.
Lighting of monuments or memorials erected by or with the approval of the Town.
Illumination of the United States flag.
Where federal or state laws, rules or regulations take precedence.
Placement and height of fixtures for residential and nonresidential exterior lighting.
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.
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.
Illumination levels and prohibited effects for residential and nonresidential exterior lighting.
All residential and nonresidential exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.
Illuminance and type of lamp for all nonresidential exterior lighting.
Permissible luminaire location and effects.
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.
Editor's Note: Tables 1 and 2 are available in the Town offices.
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.
Permissible levels of illuminance.
The average illuminance levels listed in the Illumination Levels for Various Common Tasks, as provided in Table 3, shall not be exceeded for nonresidential exterior lighting unless otherwise specified or approved by the Zoning Board of Appeals.
Editor's Note: Table 3 is available in the Town offices.
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.
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.
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.
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.
General standards for nonresidential exterior lighting.
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.
Area exterior lights. All area exterior lights shall be full cutoff luminaries.
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.
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.
Unshielded wall packs and floodlights are prohibited.
Procedures for review of nonresidential exterior lighting.
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:
Location of each current and proposed outdoor exterior lighting fixture indicated on a site plan.
Type of proposed luminaire equipment, including cutoff characteristics, indicating manufacturer and model number.
Lamp source type, lumen output, and wattage.
Mounting height indicated, with distance noted to nearest property line, for each proposed and existing luminaire.
Shielding and all mounting details, including pole foundation description.
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).
Schedule of the proposed hours when each luminaire will be operated.
Total exterior lighting lamp lumens for proposed property.
Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire.
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.)
Types of timing devices used to control on/off or motion sensors, if any are to be used.
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.
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.
The following guidelines will be made available to applicants to facilitate compliance:
Illustrations of full-cutoff and full-shielded fixtures.
Diagrams of generally acceptable and generally unacceptable light fixtures.
Diagrams of recommended fixture placement in relation to the property line to control light trespass.
Table for mounting height and maximum light output recommendations.
Table of limits of illumination targets for various common tasks, including parking lots, gas stations, walkways, and signs.
Illegal exterior lighting.
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.
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.
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.
Penalties for offenses.
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.
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.
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.
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]
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.
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.
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]
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.
- RESIDENCE DISTRICT
- A Residence A, Residence B, Residence C or Residence D District.
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.
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:
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.
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.
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.
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]
All development in the Republic Airport Runway Protection Zone (RPZ) shall be consistent with the requirements as established by the Federal Aviation Administration.