[Added 6-11-2012 by Ord. No. 347]
The Town of Charlestown has enacted this ordinance to regulate
the installation of outdoor lighting in order to achieve the following
purposes:
A.Â
To protect the existing unique qualities of Charlestown's dark
sky for astronomy and enjoyment purposes and to continue to attract
tourism;
B.Â
To protect the residents and surrounding environment, including light
sensitive plants and animals, from the effects of light pollution;
C.Â
To promote energy efficient and sustainable lighting practices and
luminaires;
D.Â
To minimize adverse off-site impacts from new and existing lighting
installations; and
E.Â
To permit reasonable uses of outdoor lighting for safety, security,
productivity, commerce and enjoyment.
Ability to visually identify, without aid, zodiacal light,
a prominently bright defined Milky Way, bright star clusters in our
galaxy and bright galaxies.
Established in 1988 as an educational, environmental 501(c)(3)
nonprofit dedicated to protecting and preserving the nighttime environment
and the heritage of dark skies through quality outdoor lighting. With
thousands of members in more than 70 countries, IDA is the leading
authority concerning the problems and solutions related to light pollution.
Light emitted directly from the lamp, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens,
of a luminaire.
A luminaire or light fixture that, by design of the housing,
does not allow any light dispersion or direct glare to shine above
a 90 degree horizontal plane from the base of the luminaire.
Fully shielded luminaire light fixture which can control
the glare in any direction.
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see.
Direct light that has been reflected or has scattered off
of surfaces other than those associated with the light fixture.
The nighttime illumination of an outside area or object by
any manufactured device located outdoors that produces light by any
means.
Stray or reflected light that is emitted into the atmosphere
above the 90-degree horizontal plane from the luminaire, and which
can or does cause unwanted sky glow or which can or is seen from an
abutting property.
Direct light from an artificial light source on one property
that is intruding into an area where it is not wanted or does not
belong.
A complete lighting system, including a light source component
(lamp or lamps that produce the actual light) and a fixture.
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct-light-emitting part
of the luminaire.
The location of the target which is to be hit by the light
source.
Any light source that distributes illumination above a 90-degree
horizontal plane.
A.Â
New Installations. All outdoor lighting, with the exception of lighting
and/or light fixtures installed on a structure and/or property devoted
exclusively to single family residential use, installed after the
effective date of this ordinance shall conform to the standards set
forth herein.
B.Â
Existing Installations. All outdoor lighting installed prior to the
effective date of this ordinance shall be exempt from the provisions
of this ordinance until a light and/or light fixture must be repaired,
modified, refurbished and/or replaced. At the occurrence of any of
these several events, any light and/or light fixture, with the exception
of lighting and/or light fixtures installed on a structure and/or
property devoted exclusively to single family residential use, shall
conform to the standards set forth herein.
C.Â
Voluntary Actions. As a voluntary measure to further the goals and
objectives of this ordinance, the Town Council urges that the following
actions be considered and taken to bring all lights and/or light fixtures
into compliance with the standards and provisions of this ordinance:
(1)Â
Install a replacement dark sky compatible lamp.
(2)Â
Consider light and light fixture aiming or glare control devices
such as light shields to prevent and/or reduce light trespass and
light pollution.
(3)Â
All government-owned and operated properties and facilities are urged
to immediately conform to the provisions of this ordinance.
(4)Â
Lighting for site security should be configured for motion or infrared
sensor operation, except in the case of lighting required by state
or federal safety standards, property insurance coverage requirements
or site safety standards.
All new, retrofitted, refurbished and/or modified outdoor lighting
that is installed in the Town of Charlestown, with the exception of
lighting and/or light fixtures installed on a structure and/or property
devoted exclusively to single family residential use, shall be the
minimum necessary, in both number of luminaires and intensity of light,
to achieve the intended purpose of the lighting, and shall meet the
following standards, as relevant:
B.Â
In all areas adjacent to residential property, no externally mounted,
direct light source directed towards the property line shall be visible
at the property line at ground level or above.
E.Â
Where outdoor playing fields or other special outdoor activity areas
are to be illuminated, lighting fixtures shall be specified, mounted
and aimed so that:
F.Â
The height of luminaires, except streetlights in public rights-of-way,
shall be the minimum necessary to provide adequate illumination, but
shall not exceed a height of fifteen (15) feet when pole mounted unless
a properly credentialed illuminating engineer hired for the benefit
of the Town finds that a height of any luminaire structure up to twenty
(20) feet will result in no greater Light Trespass and no greater
Light Pollution than a luminaire structure at fifteen feet (15) in
height or unless the luminaires must overhang vehicle travel lanes.
Luminaires attached to the building shall be limited to the height
necessary for illumination of entrances or locations not served by
pole lighting. In no case shall a building fixture be mounted on the
roof.
[Amended 8-20-2012 by Ord. No. 352]
Outdoor lighting in and around the ponds, lakes, rivers, and
other waters of the Town, with the exception of lighting located below
the mean high water mark of coastal areas, shall not be installed
or maintained so as to create a hazard or nuisance to other property
owners and shall comply with the following:
A.Â
Lights on docks shall be no more than three feet above the dock,
shall be directed downward and be full cut off fixtures.
B.Â
Lights illuminating paths, stairs, decks, etc., shall not be directed
towards the water and shall not direct light upwards.
C.Â
All exterior lighting shall be located, mounted and shielded, so
that direct illumination is not focused towards the water surface
more than 20 feet from shore.
A.Â
All fixtures shall be aimed and/or shielded to illuminate only the
target area such that no stray light from the luminaire passes above
the horizontal plane.
B.Â
Upward aimed façade and building lighting shall be fully shielded
and fully confined from projecting into the sky by the building eaves,
roofs, overhangs or structures and shall be mounted as flush with
the illuminated wall as possible.
Outdoor sales and gas station service canopy lighting shall
be aimed downward and installed such that the center of the fixture's
luminous opening is flush with or recessed into the canopy ceiling.
All lighting from the canopy must be substantially confined to the
ground area directly beneath the perimeter of the canopy. All exterior
lighting for canopies and/or service areas shall be of an indirect
nature, emanating only from fixtures located under canopies, under
eaves on the principal building or at ground level in the landscaping.
Exterior lighting shall be arranged and shielded so there shall be
no glare or reflections onto adjacent properties or street rights-of-way.
In addition to the requirements of this ordinance, all signs shall also comply with the provisions of § 218-63 of the Zoning Ordinance, as applicable. The Building Official shall determine compliance with the provisions of this ordinance.
A.Â
Illuminated signs shall not cause glare distracting to drivers, nor
shall they be in such a position or such color as will hamper the
readability of traffic lights or traffic signs.
B.Â
Signs may be illuminated externally by a downward-directed stationary
light. Sign lighting shall not be directed upwards unless the sign
is affixed to the side of the building and is fully shielded and fully
confined from projecting into the sky.
C.Â
The requirements of this section are for the lighting of signs only.
Article XI of the Charlestown Zoning Ordinance regulates signs and
shall be used in conjunction with this section.
All flagpole lighting shall be from the top of the pole downward,
no up-lighting of the flagpole is permitted.
This ordinance shall be enforced by the Building Official of
the Town of Charlestown, who shall interpret, administer and enforce
its provisions. The Building Official shall investigate suspected
violations and issue notices of violation requiring corrective action,
and shall have the ability to assign penalties for noncompliance.
