[Added 6-13-2001 by L.L. No. 1-2001]
A. 
The purpose of this article is to provide the regulatory framework to ensure the installation of safe and attractive outdoor lighting needed to protect the health, safety, and welfare of the residents and visitors to the community while protecting the rural character of the Town.
B. 
Guidelines for lighting of outdoor areas under site plan review provides for levels of illuminance, which are consistent with the proposed use of the properties under consideration, safety requirements, and neighborhood appearances. These guidelines will further ensure that installations with similar levels of activity will be designed to the same illuminance levels. The guidelines are based on standards and practices recommended in the Illuminating Engineering Society of North America (IESNA) Lighting Handbook.
The following terms shall have the indicated meanings:
CANDLEPOWER DISTRIBUTION CURVE
A curve representing the variation of luminous intensity of the luminaire, measured in candelas in a plane through a light center.
CUTOFF LIGHT DISTRIBUTION
Light distribution for a luminaire such that candlepower per 1,000 lumens does not exceed 25 (2.5%) at 90º above nadir or 100 (10%) at 80º above nadir at any location around the luminaire. The cutoff classification is usually specified on the manufacturer's published data.
DRIVEWAY ACCESS
A usable roadway suitable for vehicular traffic connecting private buildings, parking areas, and other facilities to public streets and roads.
FULLY SHIELDED LIGHT FIXTURE
A light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.
GENERAL PARKING AND PEDESTRIAN AREA
Area where pedestrian and vehicular activity is likely to occur simultaneously.
GLARE
The sensation produced by luminance sufficiently greater than the luminance to which the eye is adapted so as to cause annoyance, discomfort, or loss in visual performance and visibility.
ILLUMINANCE
The density of light on a surface quantified in footcandles, measured by an illuminance meter, or calculated by accepted engineering techniques.
LEVEL OF ACTIVITY
Classification by the number of vehicles and level of pedestrian activity in the area.
LIGHT DISTRIBUTION
The illuminance at all points on the illuminated surface from specified light sources at specified mounting heights and spacing.
LIGHT TRESPASS
The unwanted lighting of neighboring properties from light sources intended for the proposed sites.
LUMINAIRE
A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
MOUNTING HEIGHT
The vertical distance of the light source from the illuminated plane.
PRIVATE
Belonging exclusively to a person or concern.
PUBLIC
Pertaining or affecting a population or community as a whole.
RECREATIONAL FACILITIES
Structure designed or built to accommodate pastimes, exercise, or other resources offering relaxation and enjoyment.
SPACING
The horizontal distance between adjacent light sources.
A. 
All outdoor lighting fixtures, including display lighting, shall be turned off after close-of-business, unless required for safety or security, in which case the lighting shall be reduced to the minimum level necessary. "Close of business" will be the approved end of business day as determined by the Planning Board in consideration of reasonable commercial practices.
B. 
Automobile filling stations. Island canopy ceiling fixtures shall be recessed.
C. 
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to § 120-40.
D. 
All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded light fixture in § 120-38 of this article.
The following shielding requirements shall be implemented as necessary.
Fixture/Lamp Type
Shielding Required
Low- or high-pressure sodium, metal halide and fluorescent over 50 watts
Fully
Incandescent over 160 watts
Fully
Incandescent 160 watts or less
None
Fossil fuel
None
Any light source of 50 watts or less
None
The following uses of light shall be exempt from the requirements of this article.
A. 
Holiday lights for a maximum of 60 days per calendar year.
B. 
Any spot or flood luminaire having initial source lumens of 900 or less provided that no direct light is focused so as to cause annoyance glare on adjoining property or roadways. Such luminaire may be redirected or its light output controlled so as to eliminate this glare and be eligible for exemption under this section.
C. 
Temporary circus, fair, carnival, or civic uses.
D. 
Construction or emergency lighting, providing such lighting is temporary and discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.
E. 
Temporary lighting as determined on a case-by-case basis by the Code Enforcement Officer, but such temporary use is not to exceed 60 consecutive days.
F. 
Lighting associated with agricultural operations.
The following lighting uses shall be prohibited in all zoning districts of the Town of Rush:
A. 
All moving, revolving, and flashing lights.
B. 
Mercury vapor lights.
C. 
Laser source lighting or any similar high-intensity light for outdoor advertising or entertainment projected above the horizon is prohibited.
Lighting requirements for an outdoor area depend on the level of usage the facility is anticipated to receive. Table 1 in § 120-47 establishes four levels of activity which correspond to the level of traffic and pedestrian activity. Each includes a broad range of activities. Lighting levels for automatic teller machines (ATMs) shall be in accordance with the New York State ATM Safety Act.[1] For activities not included in Table 1, the Planning Board in consultation with the applicant will assign a level consistent with the expected activity on the site.
[1]
Editor's Note: See Art. II-AA of the New York State Banking Law (§ 75-a et seq.).
Table 2 in § 120-49 includes illuminance recommendations for open parking facilities and driveways. These recommendations provide for the safe movement of traffic, satisfactory vision for pedestrians, and guidance of both vehicle operators and pedestrians. The illuminance levels are the lowest acceptable, consistent with the action involved and the need to deter vandalism while meeting energy conservation constraints.
A. 
Light distribution. Illuminance is affected by interrelated factors such as the characteristics of the specified light sources, mounting heights, and spacing. These and other factors must be chosen so that illuminance meets the guidelines specified herein without causing glare or light trespass.
(1) 
General lighting. Luminaires for general area lighting, whether pole or wall mounted, shall have cutoff light distribution. Spotlights and floodlights shall not be used for general lighting. Where supplementary lighting is desired (for example, for building or sign illumination) the luminaires should be properly shielded to avoid light trespass and glare.
(2) 
External sign lighting. Where illumination of freestanding signs is desired, the illuminator shall be chosen to avoid glare in the area below and around the sign. If necessary, the sign shall be constructed of opaque panels or surrounded by dense shrubbery from the lower edge of the sign to the ground.
(3) 
Mounting height of luminaires. Mounting heights of luminaires, whether pole- or wall-mounted, shall be limited as follows:
(a) 
For development projects subject to site plan review in the R-20, R-30, and RR-5 Zoning Districts, maximum mounting heights shall not exceed 12 feet.
(b) 
For development projects subject to site plan review in the C Zoning District, maximum mounting height shall not exceed 25 feet.
(c) 
For development projects in the I and LI Zoning Districts, maximum mounting height shall not exceed 30 feet or the roofline of the building, whichever is less, except that mounting height for lighting located within 50 feet of a residential property line shall not exceed 20 feet.
B. 
Minimum illuminances for general parking and pedestrian areas. Minimum footcandles have been specified for the general parking and pedestrian areas because an absolute minimum of lighting is necessary for the identification of features for pedestrian safety. Levels should not be lower than the recommended minimum at any point.
C. 
Minimum levels for driveway access. Minimum footcandles have been specified based on the assumption that separate walkways are provided for pedestrian activity. Where mixed pedestrian and vehicular traffic is anticipated, higher levels of illuminance should be provided.
D. 
Illuminance at entrances. Illuminance at entrances from public roads to private parking areas and private access driveways must be adequate for vehicle operators to recognize entrance details, decelerate, and safely leave the traffic stream.
(1) 
Glare and excessive contrast between public road and private areas should be avoided.
(2) 
Typical entrance illuminance levels are 0.5 to 2.0 footcandles.
E. 
Maximum illuminance at property lines. At the property line of the subject property, illumination from luminaires shall not exceed 0.1 footcandles on residential property or 0.5 footcandles on nonresidential property, as measured on a vertical plane.
F. 
Energy management. Under certain circumstances it may be desirable to reduce the lighting levels during periods of reduced activity. For example, during peak use, the "high" activity lighting level may be required. During inactive periods, where level of activity is in the "low" classification, only security lighting might be required.
G. 
Neighborhood consideration. Within the requirements of public safety, new lighting shall avoid annoyance glare to neighboring properties and shall not have adverse impact on the aesthetic character of the area(s) as defined by zoning regulations.
A. 
The Planning Board will assign a level of activity based upon submitted information. Submission to the Board shall include sufficient information about vehicular and pedestrian traffic, neighborhood, and other background to allow the Board to assign a level of activity to the project. Table 1 of § 120-47 is a list of typical installations that the Board may use for its determinations.
B. 
The applicant shall develop a lighting plan based on the assigned level of activity. In Table 2 of § 120-48, the levels of activity are associated with minimum and average illuminances, which serve as limits for design and evaluation of design. Table 2 applies only to parking facilities and driveway accesses. If the Planning Board must consider other outdoor uses, it shall consult the IESNA Lighting Handbook or equivalent sources to assist in defining appropriate illuminance levels. Where no standard from IESNA is available, the applicable standard shall be determined by the Planning Board taking into account the levels for the closest IESNA activity.
C. 
Detailed lighting plans which conform to the assigned level of activity and associated minimum and average illuminances shall be submitted to the Planning Board for approval. Plans shall include the manufacturer's specifications for the luminaires, candlepower distribution curve of the luminaire, and a contour map of the illuminance on the ground. Sufficient data on the placement and type of lighting fixtures to enable the Board to reach a conclusion on the adequacy of the plan shall accompany the submission.
If strict adherence to this chapter results in conflict, the Planning Board may, at its discretion, modify specific requirements to achieve balance among competing requirements.
Table 1
Level of Activities for Events, Parking Facilities and Driveway Accesses
High Activity:
* Athletic events
* Major cultural or civic events
* Regional shopping centers
* Fast-food facilities
* Gasoline service stations
Medium Activity:
* Convenience stores
* Community shopping centers
* Office parks
* Transportation parking (airports, commuter lots, etc.)
* Cultural, civic, or recreational events
Moderate Activity:
* Hospital parking areas
* Professional buildings
* Neighborhood shopping
Low Activity:
* Residential complex parking
* Industrial employee parking
* Education facility parking
* Church parking
NOTES:
If the level of nighttime activity involves a large number of vehicles, the examples above shall move to the next higher level of activity.
Table 2
Guidelines for Maintained Horizontal Illuminances for Parking Facilities and Driveway Accesses
General Parking
and Pedestrian Area
Driveway Access
Level of Activity
Footcandles
(minimum on pavement)
Uniformity Ratio
(average: minimum)
Footcandles
(average on pavement)
Uniformity Ratio
(average: minimum)
High
0.9
4:1
2.0
3:1
Medium
0.6
4:1
1.0
3:1
Moderate
0.3
4:1
0.8
4:1
Lowa
0.2
4:1
0.5
4:1
NOTES:
aBased on requirement to maintain security in areas of low-level nighttime activity.
All outdoor lighting lawfully existing prior to the effective date of this article shall be deemed conforming to this article except that:
A. 
No replacement or installation of new luminaires shall be permitted unless in conformance to this article.
B. 
All outdoor lighting that, in the opinion of the Code Enforcement Officer, is causing annoyance glare on adjoining roadways or properties shall be required to submit lighting details to the Code Enforcement Officer showing that the existing lighting meets the requirements of this article or how such lighting will be brought into conformance.
C. 
Notwithstanding any other requirement in this article, all nonconforming uses as defined by or resulting from the enactment of this article shall be required to come into compliance with the applicable provisions by January 1, 2003. Any person unduly aggrieved by this requirement may make an application for a variance to the Board of Appeals as provided in § 120-51 of this article.
A. 
Any and all outdoor private lighting existing on or after the effective date of this article, which does not conform with the requirements of this article, shall be removed.
B. 
If the Code Enforcement Officer shall find that any private outdoor lighting regulated in this article is not in conformance with the requirements stated hereto, the Code Enforcement Officer shall given written notice to the named owner of the land and/or building upon which it is located, who shall remove or repair the lighting within 30 days from the date of the notice. If such lighting is not removed or brought into conformance with the applicable requirements of this article within said time period, the Code Enforcement Officer shall revoke any prior approvals or permits issued for such lighting, and may remove or bring the lighting into conformance with the requirements of this article, and assess the owner for all costs incurred for such service.
C. 
The Code Enforcement Officer may cause any lighting which is a source of peril to person or property to be removed immediately and without notice, and assess the owner for all costs incurred for such service.
D. 
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this article and any and all determinations of the Planning Board or the Board of Appeals.
E. 
A violation of this article is hereby declared to be an offense punishable by the maximum fines and penalties permitted by Town Law § 268, Subdivision 1. All of the provisions of Town Law § 268, Subdivision 1, shall apply to the enforcement of this article.
F. 
In case of a violation of this article, the Town and its officers may, in addition to any other remedy specifically conferred by law or ordinance, institute any appropriate proceedings to prevent the unlawful erection, construction, reconstruction, alteration, or use of any lighting not in compliance with this article.
A. 
Any person aggrieved by a decision of the Code Enforcement Officer relative to the provisions of this article may appeal such decision in writing to the Board of Appeals as provided in this Chapter 120 and shall comply with all procedural requirements of such Board.
B. 
In granting any variance from the provisions of this article, the Board of Appeals must find that the variance is necessary for the reasonable use of the land or buildings, that granting the variance is in harmony with the general purposes and intent of this article, that a variance will not be injurious to the neighborhood character or otherwise detrimental to the public welfare, and that denial of the variance would result in practical difficulty or unnecessary hardship to the applicant.
This article is not intended to interfere with, abrogate, or annul any other rules, regulations, or ordinances. Whenever the requirements of this article are at variance with the requirements of any other lawful regulations, rules or ordinances, the most restrictive, or those which impose the highest standards, shall govern.
This article shall be interpreted in such a way, whenever possible, that the meaning of the words and phrases in the sections herein shall make them valid and legal in their effect.