[Added 10-12-2010 by L.L. No. 23-2010]
A.
The general purpose of this article is to 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.
B.
This article establishes provisions for exterior lighting in order
to accomplish the following:
(1)
To provide safe roadways for motorists, cyclists and pedestrians;
(2)
To protect against direct glare and excessive lighting;
(3)
To ensure that sufficient lighting can be provided where needed
to promote safety and security;
(4)
To prevent light trespass in all areas of the Village;
(5)
To protect and reclaim the ability to view the night sky;
(6)
To allow the flexibility in the style of lighting fixtures;
(7)
To provide lighting guidelines;
(8)
To discourage the wasting of energy used to produce excessive
lighting;
(9)
To provide assistance to property owners and occupants in bringing
nonconforming lighting into conformance with this article.
(10)
To minimize the impact of stray lighting on human health, habitat
and environment.
As used in this article, unless otherwise expressly stated,
the following terms shall have the meanings indicated:
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.
The average level of illuminance for a given situation measured
at ground level with the light meter placed parallel to the ground.
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.
Illuminance levels beyond that which is required for safety,
as is indicated on the Table of Limits of Illumination Levels. (See
Table 3.)[1]
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 article.
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.
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.
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 semi-cutoff, design
allows a restricted amount of light emitted above the horizontal and
a non-cutoff provides no restriction against light emitted above the
horizontal.
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:
Nuisance or annoyance, such as light falling across property
lines;
Discomfort, such as bright light causing squinting of the eyes;
Disability, such as bright light reducing the ability of the
eyes to see into shadows and visual performance; or
Distracting light which diverts the eye from a visual task.
A family of bulb types known as "high intensity discharge,"
including high-pressure sodium, mercury vapor, and metal halide. These
types require a warm-up time, usually require a ballast, and have
a higher lumen output per watt than incandescent or halogen lamps.
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.
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.
Any or all parts of a luminaire that function to produce
light, including the bulb, assembly, ballast, mounting features and/or
pole.
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 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.
The distance from natural grade to the lowest light-emitting
part of the luminaire.
Lighting which does not meet the requirements and specifications
contained herein.
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).
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.
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 sky glow.
Lighting that is intended to be used for a specific event
and removed within seven days thereafter.
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.
A fixture which, as designed or installed, emits all or part
of the light emissions above the lowest light emitting part of the
fixture.
[1]
Editor's Note: Said table is on file in the Village offices.
A.
All exterior lighting, installed, replaced, altered, changed, repaired
or relocated after the effective date of this article shall conform
to the provisions established by this article except as provided hereto.
B.
Existing exterior lighting in conflict with this article shall be
classified as "nonconforming." Except as provided elsewhere in this
article, 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:
(1)
Upon adoption of this article, 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
article.
(2)
To the extent that preexisting residential exterior floodlights
can accommodate lamps of a total of less than 1,800 lumens (one-hundred-watt
incandescent), said exterior lighting shall be equipped with a lamp
or lamps of a total of less than 1,800 lumens (one-hundred-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.
(3)
Lighting that is determined by municipal law enforcement to
contribute to a condition of disabling or distracting glare into a
public roadway may be ordered to be changed or removed at any time.
(4)
Nonessential lighting can be ordered extinguished, including
mobile or ground-mounted searchlights, laser light shows, decorative
flashing, blinking, or tracing lights, exclusive of exempt holiday
lighting.
C.
Exceptions.
(1)
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.
(2)
Vehicular lights and all temporary emergency lighting needed
by the fire, ambulance, police departments or other emergency services
are exempt.
(3)
Holiday exterior lighting. Holiday exterior lighting lit between
October 15 and January 15 of the following year.
(4)
Residential sensor-activated luminaires, provided:
(a)
The luminaire is operational and located in such a manner, or
shielded, to prevent glare and light trespass;
(b)
The luminaire is set to only go on when activated and to go
off within five minutes after activation has ceased; and
(c)
The sensor shall not be triggered by activity off the property.
(d)
The luminaire output, regardless of the number of lamps, does
not exceed 1,800 lumens (100 watts incandescent).
(6)
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 Village encourages the tradition
of lowering flags at sunset to avoid the need for lighting.
(7)
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 article, and that the provisions
of this article 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.
A.
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.
B.
Luminaires for municipal playing fields and new municipal streetlights
shall be exempt from the height restriction, provided all other provisions
of this article are met.
C.
Privately owned or leased light fixtures located on public utility
poles or located in the public right-of-way are prohibited.
D.
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.
A.
All residential and nonresidential exterior lighting shall not cause
light trespass and shall protect adjacent properties from glare and
excessive lighting.
C.
All streetlight luminaires shall be full cutoff, except that a historic-style
decorative luminaire may emit up to 2% of its total lumens above the
horizontal plane; and
(1)
For roadway lighting a determination is made that the purpose
of the lighting installation or replacement cannot be achieved by
installation of reflectorized roadway markers, lines, warnings, informational
signs, or other passive means; and
(2)
Adequate consideration has been given to conserving energy and
minimizing glare, sky glow, and light trespass.
A.
Permissible luminaire location and effects.
(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. See Table
1 and Table 2[1] for setback, height, and maximum light output recommendations
for guidance.
[1]
Editor's Note: Said tables are on file in the Village offices.
(2)
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.
B.
Permissible levels of illuminance.
(1)
The average illuminance levels listed in the Illumination Levels
for Various Common Tasks, as provided in Table 3,[2] shall not be exceeded for nonresidential exterior lighting
unless otherwise specified or approved by the reviewing board, department,
division or agency of the Village of Patchogue.
[2]
Editor's Note: Said table is on file in the Village offices.
(2)
The Village of Patchogue 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.
(3)
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.
C.
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.
B.
All conforming and nonconforming exterior lighting shall be turned
off within 1/2 hour after the close of business 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.
D.
Area exterior lights. All area exterior lights shall be full cutoff
luminaires.
E.
After the adoption of this article, 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 Village of Patchogue, under the Village's
jurisdiction, without first receiving prior written approval for such
installation from the applicable board, department, division or agency
of the Village of Patchogue.
F.
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.
G.
Unshielded wall packs and floodlights are prohibited.
A.
Any application submitted to any board, department, division or agency
of the Village of Patchogue 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 article:
(1)
Location of each current and proposed outdoor exterior lighting
fixture indicated on a site plan.
(2)
Type of luminaire equipment, including cutoff characteristics,
indicating manufacturer and model number.
(3)
Lamp source type, lumen output, and wattage.
(4)
Mounting height indicated, with distance noted to nearest property
line, for each proposed and existing luminaire.
(5)
Shielding and all mounting details, including pole foundation
description.
(6)
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).
(7)
Statement of the proposed hours when each luminaire will be
operated.
(8)
Total exterior lighting lamp lumens for proposed property.
(9)
Lighting manufacturer specifications ("cut sheets") with photographs
of the fixtures, indicating the cutoff characteristics of the luminaire.
(10)
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 Building Department Planning Board to fully assess the suitability
of a fixture in a lighting plan, should they wish to double check
the submission.)
(11)
Types of timing devices used to control on/off.
(12)
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 article.
(13)
Appropriate exterior lighting levels are dependent upon the
general nature of the surroundings and the reviewing board, department,
division or agency of the Village of Patchogue may require more or
less than those listed in Table 3[1] which are based on the IESNA Recommended Practices Guidelines,
RP 33 Lighting for Exterior Environments and RP 20 Lighting for Parking
Lots.
[1]
Editor's Note: Said table is on file in the Village offices.
B.
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 applicable reviewing
board, department, division or agency of the Village of Patchogue.
C.
The following guidelines will be made available to applicants to
facilitate compliance:
(1)
Illustrations of full cutoff and full shielded fixtures.
(2)
Diagrams of generally acceptable and generally unacceptable
light fixtures.
(3)
Diagrams of recommended fixture placement in relation to the
property line to control light trespass.
(4)
Table for mounting height and maximum light output recommendations.
(5)
Table of limits of illumination targets for various common tasks,
including parking lots, gas stations, walkways, and signs.
The Guidelines for Exterior Lighting as set forth at the end
of this article,[1] and any amendments thereto, are hereby incorporated and
made part of this article.
[1]
Editor's Note: Said guidelines are on file in the Village
offices.
A.
The 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 a court of appropriate
jurisdiction seeking the removal of said exterior lighting.
B.
Any person, firm, owner, tenant, person in possession, partnership,
corporation or other business entity who fails to comply with a written
order of the Building Inspector of the Village of Patchogue 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 article. Failure
to comply may result in actions and proceedings, either legal or equitable,
to enjoin, restrain or abate any violation of this article.
C.
All exterior lighting under the jurisdiction of the Village of Patchogue
that does not conform to these regulations shall be brought into compliance
within 10 years of the effective date of the adoption of these regulations
or when the light fixtures are removed or replaced, whichever occurs
first.
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 article, or
to fail in any manner to comply with a notice, directive or order
of the Building Inspector of the Village of Patchogue.
A.
Residential exterior lighting. Violation of any of the provisions
of this article 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 who violates this article, after
being convicted of a violation of this article 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 who violates this article, after
being convicted two or more times of a violation of this article 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.
B.
Nonresidential exterior lighting. Violation of any of the provisions
of this article 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 who violates this article, after
being convicted of a violation of this article 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 who violates this article, after
being convicted two or more times of a violation of this article 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.
If any clause, sentence, paragraph or section of this article
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.