Village of Sagaponack, NY
Suffolk County
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Chapter 119: LIGHTING
[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack 8-13-2007 by L.L. No. 10-2007. Amendments noted where applicable.]

GENERAL REFERENCES

Filming and photography — See Ch. 79.
Outdoor assemblies — See Ch. 150.
Special events — See Ch. 184.

§ 119-1 Purpose and findings.

The provisions of the following chapter are intended to control and regulate lighting throughout the Incorporated Village of Sagaponack (Village); protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Village; protect the nighttime environment and the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Village and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Village's roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for landowners and others.

§ 119-2 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall have their common usage meaning. As used in this chapter, the following terms shall have the meanings indicated:
DOORWAY LIGHTING
A light fixture or fixtures installed within five feet of a doorway intended to illuminate an entrance to a residence.
EXTERIOR LIGHTING
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 for the purposes of this chapter.
FIXTURE
See "light fixture" (also called "luminaire"). Editor's Note: The former definition of "fully shielded," which immediately followed this definition, was repealed 12-20-2011 by L.L. No. 13-2011.
GLARE
Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability.
HOLIDAY LIGHTING
Temporary lights installed on a residential property between Thanksgiving and the following January 15, and may include traditional holiday lights.
LAMP
The source of artificial light as distinguished from the fixture.
LANDSCAPE LIGHTING
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
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."
LIGHTING
Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light.
LIGHT POLLUTION
Any and all nuisances caused by 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.
[Amended 1-14-2008 by L.L. No. 2-2008]
LIGHT SOURCE
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 TRESPASS
Light projected across property lines or into the public right-of-way when it is not required or permitted to do so.
LUMEN
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.
MOUNTING HEIGHT
The vertical distance of the light source from natural grade.
PARTIALLY SHIELDED
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.
SKYGLOW
Glare or illumination of the night sky, whether direct or reflected.
UNSHIELDED FIXTURE
A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source.

§ 119-3 Title; conflicts with other laws.

A. Title. This chapter shall be known and may be cited as the "Village of Sagaponack Lighting Regulations."
B. Conflicts with other laws. 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.

§ 119-4 Applicability.

A. No exterior lighting shall be installed, operated or maintained on private property which is not in compliance with the requirements of this chapter.
B. Notwithstanding the foregoing, nonconforming exterior lighting shall be brought into compliance with this chapter upon:
(1) The installation, replacement, alteration, relamping, change, repair, or relocation of such nonconforming fixture; and
(2) Any complaint that such lighting causes glare, light pollution, or light trespass or otherwise creates a nuisance.

§ 119-5 Standards for exterior lighting.

A. Lighting shall be designed, located, and lamped in order to prevent light pollution.
B. Lighting shall be designed, located, and lamped to meet the following requirements:
[Amended 12-20-2011 by L.L. No. 13-2011]
(1) Fixtures shall not be located in, or aimed to illuminate, the public right-of-way, waterways, or public beaches.
(2) The light sources of all exterior lighting shall not be higher than 60 vertical inches, except that:
(a) Not more than one tree per acre may be illuminated from a point no higher than 15 feet.
(b) One garage light may be mounted at a height no greater than 15 feet from grade.
(c) Dwelling-mounted entry lights may be mounted at a height not to exceed eight feet from the ground-floor level of such dwelling.
(3) Fixtures shall not exceed 40 watts or 550 lumens per fixture, as rated by the manufacturer, regardless of the number of light bulbs.
(4) Exterior lighting not required by law shall be extinguished by 12:59 a.m.
(5) Exterior lighting, regardless of the number of fixtures, shall not exceed a total of 500 watts or 6,500 lumens per acre.
(6) Motion-sensor-activated lighting shall be operable to shut off after five minutes and shall not be triggered by activity located off the property or from the roadway.
C. In no event shall fixtures be mounted in excess of a height which is greater than 1/3 the distance of the fixture to the nearest property line.

§ 119-6 Exemptions.

The following are exempt:
A. 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.
B. Vehicular lights, United States Coast Guard approved maritime navigational lighting, and all temporary lighting needed by fire, ambulance, or police departments or other emergency services when needed for an emergency are exempt from the provisions of this chapter.
C. Temporary lighting in association with an approved mass gathering 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 any approved event authorizing its use.
[Amended 12-20-2011 by L.L. No. 13-2011]

§ 119-7 Prohibitions.

The following are prohibited and may be ordered extinguished at any time:
A. Searchlights, other than those required by law.
B. Strobe lights, laser lights, or revolving lighting.
C. Blinking, pulsating, tracing, or flashing lights.
D. Light activated by dusk-to-dawn sensor.
E. Lighting which is used to outline or illuminate a building, structure or window.
F. Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures.
G. Any light fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational marker.
H. The following lamp and fixture types shall not be permitted:
[Amended 12-20-2011 by L.L. No. 13-2011]
(1) High-intensity discharge, including metal halide, and high-pressure and low-pressure sodium.
(2) Mercury vapor.
(3) Neon.
(4) Lamps rated higher than 3000 Kelvin in color.
I. Recreational outdoor court lighting, including lighting of tennis, basketball and handball courts and sports fields, including baseball, soccer, and football fields.
J. Unshielded light fixtures, except as permitted herein.

§ 119-8 Review procedures.

A. All applications for permits, including building permits, shall include information about the location of each existing and proposed outdoor light fixture, lamp source type, wattage, mounting height, hours of operation, and lumen output, in order to verify that lighting conforms to the provisions of this chapter.
B. The Building Inspector shall review all new exterior lighting or existing exterior lighting that is part of an application for design review, conditional use permit, planned unit development, subdivision approval, applicable sign permits or building permit to determine whether the exterior lighting complies with the standards of this chapter.
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. 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.
[Amended 1-14-2008 by L.L. No. 2-2008]

§ 119-9 Notice of violation; remedies.

[Amended 1-14-2008 by L.L. No. 2-2008]
If the Building Inspector finds that any provision is being violated, the Village shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or the occupant of such premises, demanding that the violation be abated within 30 days of the date of hand delivery or of the date of mailing of the notice. The Building Inspector shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thirty-day period, the Village may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this chapter.