[HISTORY: Adopted by the Village Board of the Village of
Richfield 8-21-2008 by Ord. No. 08-08-03 (Ch. 63 of prior Code). Amendments
noted where applicable.]
The purpose of this chapter is to require and set minimum standards
for outdoor lighting to:
A.Â
Provide outdoor lighting to delineate roads, drives, parking areas,
pedestrianways, buildings, and other organizational points where public
health, safety and welfare are potential concerns.
B.Â
Protect drivers and pedestrians from disabling glare of nonvehicular
light sources.
C.Â
Be an integral part of the overall architectural design; therefore,
proposed lighting, whether freestanding or building recessed, shall
complement the architectural character of the principal use.
D.Â
Prevent unnecessary waste of energy and resources in the production
of too much light or wasted light.
E.Â
Prevent interference in the use or enjoyment of property which is
not intended to be illuminated at night.
F.Â
Protect the scenic view from increased urban skyglow.
G.Â
Minimize light pollution, glare, and light trespass, and conserve
energy while maintaining nighttime safety, utility, security, and
productivity.
A.Â
New uses, buildings and additions. All proposed new land uses, developments,
buildings, structures, or building additions of 25% or more in terms
of gross floor area, seating capacity, or other units of measurement
specified herein, either with a single addition or cumulative additions
subsequent to the effective date of this chapter, shall meet the requirements
of this chapter for the entire property. For all building additions
less than 25%, the applicant shall only meet the requirements of this
chapter for any new outdoor lighting provided.
B.Â
Change of use/intensity. Except as provided in § 234-6D below, whenever the use of any existing building, structure, or premises is changed to a new use, or the intensity of use is increased through the incorporation of additional floor area, seating capacity, or other unit of measurement specified herein, and which change of use or intensification of use creates a need for an increase in the total number of parking spaces of 25% or more, either with a single change or cumulative changes subsequent to the effective date of this provision, then all outdoor lighting facilities shall meet the requirements of this chapter for the entire property, to the maximum extent possible as determined by the Planning and Zoning Administrator. For changes of use or intensity which require an increase in parking of less than 25% cumulative, the applicant shall only have to meet the requirements of this chapter for any new outdoor lighting provided.
C.Â
Nonconforming lighting.
(1)Â
Whenever a nonconforming use, structure, or lot is abandoned for
a period of 12 months and kept as the same use or changed to a new
use, then any existing outdoor lighting shall be reviewed and brought
into compliance as necessary for the entire building, structure, or
premises, to the maximum extent possible as determined by the Planning
and Zoning Administrator.[1]
(2)Â
No outdoor lighting fixture which was lawfully installed prior to
the enactment of this chapter shall be required to be removed or modified
except as expressly provided herein; however, no modification or replacement
shall be made to a nonconforming fixture unless the fixture thereafter
conforms to the provisions of this chapter.
If at any time there is a conflict between the regulations set
forth in this chapter and any other regulations applicable to the
same area, the more stringent limitation or requirement shall apply.
A.Â
The provisions of this chapter are not intended to prevent the use
of any design, material, or method of installation or operation not
specifically prescribed by this chapter, provided any such alternate
has been approved by the Plan Commission.
For the purposes of this chapter, terms used shall be defined
as follows:
All outdoor lighting used for, but not limited to, outdoor
sales or eating areas, assembly or repair areas, advertising and other
signs, recreational facilities, and other similar applications where
color rendition is important.
All outdoor lighting used for security lighting where general
illumination of the grounds is the primary concern.
Any outdoor lighting used for decorative effects, including
but not limited to architectural illumination, flag monument lighting,
and illumination of trees, bushes, etc.
The luminous intensity at or above an angle of 90° above
nadir (as measured directly below the lamp to the ground) does not
exceed 2.5% of the luminous flux of the lamp or lamps in the luminaire,
and the luminous intensity at or above a vertical angle of 80°
above nadir does not exceed 10% of the luminous flux of the lamp or
lamps in the luminaire.
Illumination resulting from light emitted directly from a
lamp, luminary, or reflector, not light diffused through translucent
signs or reflected from other surfaces such as the ground or building
faces.
Refers to all businesses, organizations, and institutions
such as schools and churches, etc.
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or
a refractor or lens.
Any light fixture or lamp that incorporates a reflector or
a refractor to concentrate the light output into a directed beam in
a particular direction.
A standard unit of illumination.
The luminous intensity at or above an angle of 90° above
nadir is zero, and the luminous intensity at or above a vertical angle
of 80° above nadir does not exceed 10% of the luminous flux of
the lamp or lamps in the luminaire (see attached figures).[1]
A fixture that is shielded in such a manner that light rays
emitted by the fixture, either directly from the lamp or indirectly
from the fixture, are projected below a horizontal plane running through
the lowest point on the fixture where light is emitted (see attached
figures).
The stray unshielded light striking the eye that may result
in:
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct-light emitting part
of the luminaire.
Refers to strings of individual lamps, where the lamps are
at least three inches apart and the output per lamp is not greater
than 15 lumens.
Refers to the component of a luminaire that produces the
actual light.
The adverse effect of man-made light, including but not limited
to discomfort to the eye or diminished vision due to glare, light
trespass, uplighting, the uncomfortable distraction to the eye, or
any man-made light that diminishes the ability to view the night sky.
A singular point from where light originates, which is typically
a lamp within a luminaire.
Spill light falling over property lines that illuminates
adjacent grounds or buildings when it is not required to do so.
Refers to the unit used to quantify the amount of light energy
produced by a lamp at the lamp. Lumen output of most lamps is listed
on the packaging. For example, a sixty-watt incandescent lamp produces
950 lumens while a fifty-five-watt low-pressure sodium lamp produces
8,000 lumens.
A complete lighting unit, consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect
the lamps and to connect the lamps to the power. When used, includes
ballasts and photocells. Commonly referred to as "fixture."
The artificial illumination of an outside area or object.
Refers to an area designated for active recreation, whether
publicly or privately owned, including but not limited to parks, baseball
diamonds, soccer and football fields, golf courses, tennis courts,
and swimming pools.
The overhead glow from light emitted sideways and upwards.
Skyglow is caused by the reflection and scattering of light by dust,
water vapor, and other particles suspended in the atmosphere. It reduces
one's ability to view the night sky.
Lighting which may not conform to the provisions of this
chapter and which will not be used for more than one thirty-day period
within a calendar year. Temporary lighting is intended for uses which
by their nature are of limited duration, e.g., holiday decorations,
civic events, or construction projects.
The maximum total amount of light, measured in lumens, from
all outdoor light fixtures on a property. For lamp types that vary
in their output as they age (such as high-pressure sodium and metal
halide), the initial output, as defined by the manufacturer, is the
value to be considered.
Refers to all properties located east of State Highway 175.
Refers to all properties located west of State Highway 175.
[1]
Editor's Note: The figures are included at the end of this
chapter.
A.Â
General. At the time any exterior light is installed or substantially
modified, and whenever a development-related application is made to
the Planning and Zoning Administrator, an exterior lighting plan shall
be submitted. The Planning and Zoning Administrator shall review the
plan prior to Plan Commission approval to determine whether the requirements
of this section have been met and that adjoining property will not
be adversely impacted by the proposed lighting.
B.Â
All applications shall include:
(1)Â
A site plan indicating the proposed location of all outdoor lighting
fixtures showing footcandles. A lighting photometric plan must be
drawn with a recognized engineering or architectural scale, indicating
the location of the luminaire(s) proposed, mounting and/or installation
height in feet, the overall illumination levels (in footcandles) and
uniformities on the site, and the illumination levels (in footcandles)
at and to exceed the property boundary lines to 100 feet. This may
be accomplished by means of an isolux curve or computer printout projecting
the illumination levels.
(2)Â
A description of each illuminating device, fixture, lamp, support,
and shield, including the number of lumen outputs. This may include
manufacturer's catalog cuts and drawings, and lamp types.
(3)Â
Other information that the Planning and Zoning Administrator may
deem necessary to ensure compliance with this chapter.
C.Â
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Village
for review and approval.
D.Â
Exemptions. All residential lots are exempt from submitting a lighting
plan if the property is at or below a total of 10,000 lumens per net
acre, with the proposed lumens indicated in a lighting report and/or
lighting plan. (Example: Five one-hundred-watt standard incandescent
light bulbs would be exempt from submitting a lighting plan.) This
is not intended to exempt new residential developments that are proposing
streetlighting or lighted signage.
Lighting must comply with the following general requirements:
A.Â
Height of light poles. Parking lot lighting poles shall be sized
in such a manner that the top of any luminary does not exceed 30 feet
above adjacent grade.
B.Â
Residential lighting. Freestanding luminaires on private property
in residential zones shall be mounted at a height equal to or less
than the sum of H = (D/3) +3 where D is the distance in feet to the
nearest property boundary, but shall not be higher than 15 feet from
ground level to the top of the luminaire, whichever is less. Examples:
|
Pole Height
|
Distance to Property Line
| |
|---|---|---|
|
15 feet
|
36 feet (36/3 = 12 + 3 = 15)
| |
|
12 feet
|
27 feet (27/3 = 9 + 3 = 12)
| |
|
9 feet
|
18 feet (18/3 = 6 + 3 = 9)
|
C.Â
Light fixtures. The requirements for lamp source and shielding of
light emissions for outdoor light fixtures are as follows:
(1)Â
Class 1, 2, and 3 lighting:
|
Lamp Type
|
Shielding
| |
|---|---|---|
|
All lamp types above 2,050 lumens
|
Only fully shielded allowed
| |
|
All types below 2,050 lumens
|
Unshielded allowed
| |
|
All neon tube lighting
|
Unshielded allowed
| |
|
Lamps in motion sensing security lights
|
Unshielded allowed
|
|
NOTES:
| |||
|---|---|---|---|
|
1.
|
Examples of lamp types 2,050 lumens and below:
| ||
|
a.
|
One-hundred-watt standard incandescent and less.
| ||
|
b.
|
One-hundred-watt midbreak tungsten-halogen (quartz) and less.
| ||
|
c.
|
Twenty-five-watt T-12 cool white fluorescent and less.
| ||
|
d.
|
Eighteen-watt low-pressure sodium and less.
| ||
|
2.
|
Lights shall be shielded whenever feasible to minimize light
spilled into the night sky or adjacent properties. Unshielded lights
are limited to a maximum of 5,500 lumens per net acre.
| ||
D.Â
Outdoor light output. Total outdoor light output, excluding streetlights
used for illumination of public rights-of-way, of any development
project shall not exceed 100,000 lumens per net acre in Zone 1 and
50,000 lumens per net acre in Zone 2, averaged over the entire property.
The Plan Commission may exercise discretion in regards to lumens per
net acre if there are concerns of safe lighting conditions.
E.Â
All light fixtures which are required to be shielded shall be installed
in such a manner that the shielding complies with the definition of
fully shielded fixture (see attached Figures 2 and 4 on Chart 2) and
must have a fixed nonadjustable mounting.[1]
[1]
Editor's Note: The figures are included at the end of this
chapter.
F.Â
Class 1 lighting, including but not limited to commercial, industrial,
and park and recreation areas, may only continue in operation until
10:00 p.m. or for as long as the area is in active use, whichever
is later, unless a different time restriction was placed on the property
through a conditional use permit or lighting plan approval.
G.Â
Class 2 lighting shall have no time restrictions except as specified
by the Plan Commission for new projects at the time of lighting plan
approval.
H.Â
Class 3 lighting, except for flagpole lighting, must be extinguished
by 10:00 p.m. or when the establishment closes, whichever is later,
except that low-wattage holiday decorations may remain on all night
from November 15 to January 15.
I.Â
Multiclass lighting, except for security lights, must conform to
the time limitations of the strictest class.
J.Â
Signs. Lighting used internally or externally for all signs shall
comply with the following provisions:
(1)Â
Lighting used for externally illuminated signs shall conform to all
restrictions of this chapter, shall be fully shielded, and shall be
turned off by 10:00 p.m. or when the establishment closes, whichever
is later.
(2)Â
Outdoor internally illuminated advertising signs shall either be
constructed with an opaque background and translucent letters and
symbols or with a colored (not white, cream, off-white, yellow or
other light color) translucent background, with either translucent
or opaque letters and symbols. Opaque means only that the material
must not transmit light from the internal illumination source; the
color of such opaque backgrounds is not restricted by this section.
Lamps used for internal illumination of such signs shall be included
in the lumens per net acre limit. All illuminated signs shall be turned
off at 10:00 p.m. or when the establishment closes, whichever is later.
K.Â
Search lights, laser source lights, or any similar high-intensity
light shall not be permitted, except by law enforcement and other
governmental agencies in pursuit of their official duties.
L.Â
Outdoor floodlighting by floodlight projection above the horizontal
plane is prohibited.
M.Â
Canopy lights, such as service station lighting, shall be fully recessed
or fully shielded so as to ensure that no light source is visible
from or causes glare on public rights-of-way or adjacent properties.
N.Â
Motion sensing lighting fixtures shall be properly adjusted, according
to the manufacturer's instructions, to turn off when detected
motion ceases.
O.Â
Maximum allowance for light trespassing.
(1)Â
The intensity of illumination projected onto a residential zoned
use from another property shall not exceed 0.1 footcandle, at any
location on any residential property, as measurable from any orientation
of the measuring device.
(2)Â
In no case shall illumination levels from any outdoor light fixture(s),
individually or combined, measure above 0.2 footcandle, at the neighboring
property line zoned for nonresidential uses, as measureable from any
orientation of the measuring device.
(3)Â
The Plan Commission may exercise discretion in regard to light trespass
into public rights-of-way if it is determined to be beneficial to
safe lighting conditions of adjacent sidewalks or other public areas.
A.Â
Lighting, in all cases, for all outdoor athletic fields, courts,
tracks or ranges shall be considered Class 1 (color rendition). Lighting
allowed in this section shall be subject to approval by the Plan Commission.
The installation shall also limit off-site spill (off the parcel containing
the sports facility) to a maximum of 0.5 footcandle at any location
on any nonresidential property, and 0.1 footcandle at any location
on any residential property, as measurable from any orientation of
the measuring device.
B.Â
Illumination of the playing field, court, track, or range shall be
permitted only during the time(s) approved in the conditional use
permit. Fully shielded lighting shall be required for fields designed
for amateur, recreational or nonprofessional sports activity. For
professional level sports facilities where fully shielded fixtures
are not utilized, acceptable luminaires shall include those which:
When streetlighting is to be dedicated to the Village, the applicant
shall be responsible for all costs involved in the lighting of streets
and street intersections until the street is accepted for dedication.
A.Â
Prior to dedication and in the event of the formation of a homeowners'
association and/or property management declaration, the Village shall
require said agency to enter into an agreement guaranteeing the Village
payment of all costs associated with dedicated streetlighting.
B.Â
Assumption of costs of dedicated streetlighting. Following installation
of the streetlights, the Village may charge the homeowners' association,
individual property owners, or corporations for the subdivision, as
may be necessary, to collect all revenues required that are directly
or indirectly associated with costs of installing, maintaining, or
repairing each specific streetlighting fixture. If the charges are
imposed on an entity and not paid, the Village may charge the lot
owners in the subdivision on a pro rata basis. If such charges are
not paid by any lot owner within the period fixed by the Village,
the charges shall become a lien upon the lot owner's lot as provided
in § 66.0627, Wis. Stats., and shall be extended upon the
tax roll as a delinquent tax against the lot owner's lot as provided
in § 66.0627, Wis. Stats.
A.Â
Intent. This section is established to set forth a policy for determining
when a streetlight is desirable for identifying the entrance to a
residential subdivision, taking into consideration the desire to preserve
the Village's rural character. Developments in the walkable hamlet
district shall follow the requirements listed for that district.
B.Â
The Village will consider existing topography, location, and whether
the intersection will be identified by other means, i.e., illuminated
subdivision sign(s), reflective signage and/or ambient light. Streetlights
will only be considered at subdivision entrances. The Village will
require the developer to install a light if one or more of the following
criteria are met:
(1)Â
The intersection is located in an area where, after considering potential
future developments, a significant increase in traffic volume may
occur.
(2)Â
The intersection is located on a hill or sharp curve or where visibility
is poor.
(3)Â
The new intersection is located in an area where numerous traffic
accidents have occurred at or near the proposed intersection.
(4)Â
The intersection is located in an area where there is or may be significant
pedestrian traffic and traffic speed poses a potential hazard.
(5)Â
Illumination in areas adjacent to the intersection adversely affects
the driver's vision.
C.Â
Type of fixture. If a streetlight is required the light must be fully
shielded and should follow the standards set forth in the Village's
highway construction standards.
D.Â
Decision. Village staff (consisting of Planning and Zoning Administrator,
Engineer, and Highway Superintendent) shall recommend to the Village
Board whether there is a need for a streetlight, or alternative means
of identification [i.e., illuminated subdivision sign(s) and/or reflective
signage], at entrances to residential subdivisions. If additional
guidance is required, the issue may be sent to the Plan Commission
for recommendation.
E.Â
Installation.
(1)Â
The developer will pay the installation cost of streetlights, or
the alternative selected means of identification, in new developments.
(2)Â
The streetlight must be installed prior to final plat approval, unless
agreed otherwise by the Village Board pursuant to a developer's agreement
and financial guarantee.
F.Â
Existing residential developments. Residents of an existing subdivision, for which there is currently no streetlight at the entrance, may petition the Village Board to install a streetlight. Streetlights will only be considered at subdivision entrances. The Village Board will use the criteria listed in Subsection B to determine if a light is needed. The cost of installing and maintaining the light may be charged to the property owners within that subdivision, as follows:
(1)Â
Prior to installation of the streetlight, the Village shall require
the homeowners' association, individual property owners, or corporations
for the subdivision, as appropriate, to enter into an agreement guaranteeing
the Village payment of all costs associated with the streetlighting.
(2)Â
Following installation of the streetlights, the Village may charge
the homeowners' association, individual property owners, or corporations
for the subdivision, as may be necessary, to collect all revenues
required that are directly or indirectly associated with costs of
installing, maintaining, or repairing each specific streetlighting
fixture. If the charges are imposed on an entity and not paid, the
Village may charge the lot owners in the subdivision on a pro rata
basis. If such charges are not paid by any lot owner within the period
fixed by the Village, the charges shall become a lien upon the lot
owner's lot as provided in § 66.0627, Wis. Stats.,
and shall be extended upon the tax roll as a delinquent tax against
the lot owner's lot as provided in § 66.0627, Wis.
Stats.
A.Â
Metering equipment. Lighting levels shall be measured in footcandles
(fc) with a direct reading, portable light meter. The meter shall
be read within an accuracy of plus or minus 5% as measured from any
orientation of the measuring device.
B.Â
Method of measurement. The meter sensor shall be mounted at the interior
line of the buffer yard or at the property line, as required herein.
Readings shall be taken only after the cell has been exposed long
enough to provide a constant reading. In order to eliminate the effects
of moonlight and other ambient light, a minimum of three measurements
shall be made after dark with the questionable light source. The average
of the measurements shall be compared to the maximum permitted illumination
permitted in this chapter.
C.Â
The Village reserves the right to conduct a post-installation nighttime
inspection to verify compliance with the requirements of this chapter
and, if appropriate, to require remedial action at no expense to the
Village.
A.Â
Safety hazards. If the Village judges a lighting installation to
create a safety or personal security hazard, the person(s) responsible
for the lighting shall be notified and required to take remedial action
within a specified time frame. If appropriate corrective action has
not been effected within 30 days of notification, the Village may
levy a fine for as long as the hazard continues to exist.
B.Â
Nuisance glare and inadequate illumination levels. When the Village
judges that an installation produces unacceptable levels of nuisance
glare, skyward light, excessive or insufficient illumination levels
or otherwise varies from this chapter, the Village may cause notification
of the person(s) responsible for the lighting and require appropriate
remedial action to retrofit the lighting installation in accordance
with this chapter.
