[Added 12-17-2002 by L.L. No. 34-2002; amended 2-6-2008 by L.L. No. 1-2008]
The general purpose of this article is to protect and promote the public health, safety and welfare of the residents of Riverhead, as well as preserve the quality of life, retain the rural character of Riverhead and afford the public the ability to view the night sky, by establishing regulations and a process for review of exterior lighting. This article establishes standards for exterior lighting in order to accomplish the following:
A. 
To provide safe roadways for motorists, cyclists and pedestrians;
B. 
To protect against direct glare and excessive lighting;
C. 
To ensure that sufficient lighting can be provided where needed to promote safety and security;
D. 
To prevent light trespass in all areas of the Town;
E. 
To protect and reclaim the ability to view the night sky;
F. 
To allow for flexibility in the service of lighting fixtures;
G. 
To provide lighting guidelines;
H. 
To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with this article;
I. 
To promote the conservation of energy for exterior lighting;
J. 
To reduce the impact of artificial lighting on human health, flora, fauna, and the environment.
A. 
Title. Article XLIX, together with the amendments thereto, shall be known and may be cited as the "Town of Riverhead Lighting Ordinance."
B. 
Conflict with other laws. In a case where this article is found to be in conflict with a provision of a zoning, fire, safety, health, water supply, subdivision, or sewage disposal law or ordinance, or regulation adopted pursuant thereto or other law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
A. 
New lighting. All exterior lighting installed after the effective date of this article shall conform to the standards established by this article, except exterior lighting required to protect and promote public health and safety.
(1) 
Upon adoption of this article as established by its effective date, all subsequent installation, replacement, alteration, change, repair, or relocation of any nonconforming luminaire shall conform with the provisions of this article.
(2) 
All exterior lighting installed shall comply with §§ 301-259 and 301-261D of this article regarding glare, light pollution, light trespass, and skyglow as defined in § 301-3 of this chapter.
(3) 
The following exterior lighting, existing or installed prior to the effective date of the adoption herein, which does not conform with the provisions of this article shall be exempt, provided the following requirements are met:
(a) 
Preexisting residential floodlight luminaires are exempt, provided that the total light output for the fixture does not exceed 1,800 lumens (equivalent to 100 watts incandescent), regardless of the number of lamps, and is angled downward or shielded so as not to cause glare or light trespass or beam spread beyond the intended target or across property lines. This exemption expires no later than December 31, 2010, at which time full conformance is required.
(b) 
Preexisting unshielded residential fixtures mounted on the primary structure are exempt, provided the light output, regardless of the number of lamps, is no greater than 900 lumens (60 watts incandescent). This exemption expires no later than December 31, 2010, at which time full conformance is required.
(c) 
Preexisting nonconforming nonresidential luminaires rated over 1,800 lumens (100 watts incandescent), regardless of the number of lamps, shall be altered to the greatest extent possible to prevent visible glare across property lines by re-aiming, shielding, adding louvers, relamping, or other means, to meet the definition of "fully or partially shielded." This exemption expires no later than December 31, 2010, at which time full conformance is required.
(d) 
Preexisting nonconforming automated teller machine (ATM) lighting, fuel filling and gas service station canopy lighting, and Long Island Power Authority (LIPA) lighting shall be in full compliance with the provisions of this article no later than December 31, 2010.
(e) 
Preexisting nonconforming commercial and industrial parking lot lighting illuminating less than 20 parking spaces shall be in full conformance with the provisions of this article no later than December 31, 2012.
(f) 
Preexisting nonconforming commercial and industrial parking lot lighting illuminating 20 or more parking spaces shall be in full conformance with the provisions of this article no later than December 31, 2017, and may be achieved by partial areas of complete renovations regarding lighting levels, pole heights and lamp types in increments of 10% of the parking lot area per year.[1]
[1]
Editor's Note: Original § 108-249 of the 1976 Code, Definitions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 101, General Provisions, Art. I). See now § 301-3, Definitions; word usage.
A. 
General standards.
(1) 
All exterior lighting shall be designed, located and lamped in order to prevent:
(a) 
Overlighting;
(b) 
Energy waste;
(c) 
Glare;
(d) 
Light trespass;
(e) 
Skyglow.
(2) 
All nonessential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor-activated lights are encouraged to replace existing lighting that is desired for security purposes.
(3) 
Canopy lights, such as service station lighting, shall be fully recessed and full cutoff luminaries so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties.
(4) 
Area lights. All area lights shall be full-cut-off-type luminaires.
(5) 
The Long Island Power Authority shall not install any luminaires after the effective date of this article that light the public right-of-way.
B. 
Type of luminaires.
(1) 
All exterior lighting, with an exemption granted to municipal recreational fields, rated to be lamped at greater than 1,800 lumens (100 watts incandescent) 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. Municipal recreational fields, at a minimum, shall utilize partially shielded fixtures to direct light to the field of play, and to minimize upglow and light trespass.
[Amended 4-17-2018 by L.L. No. 9-2018]
(2) 
All exterior light fixtures rated to emit 1,800 lumens (100 watts incandescent) and less, regardless of the number of lamps, shall use fully shielded fixtures (See Figure 1.) and shall be installed as designed. (See Figure 1.[1])[2]
[2]
Editor’s Note: Former Subsection B(3), regarding privately owned or leased light fixtures, which immediately followed, was repealed 4-17-2018 by L.L. No. 9-2018.
C. 
Exempt exterior lighting. The following types of exterior lighting are exempt from the provisions of this section:
(1) 
Holiday lighting lit between November 15 and January 15 of the following year.
(2) 
Motion-sensor-activated luminaires, provided:
(a) 
They are fully shielded and located in such a manner as to prevent glare and lighting onto properties of others or into a public right-of-way;
(b) 
The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased;
(c) 
The luminaire shall not be triggered by activity off the property; and
(d) 
The luminaire, regardless of the number of lamps, does not exceed 1,800 lumens and is not rated to exceed 100 watts.
(3) 
Vehicular lights and all temporary emergency lighting needed by the Fire and Police Departments, or other emergency services.
(4) 
Uplighting for flags, provided the flag is not used for advertising and the total maximum lumen output is 1,300 lumens.
(5) 
Lighting of radio, communications and navigation towers, 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.
(6) 
Runway lighting. Lighting on any landing strip or runway, 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.
(7) 
Neon lights. Neon lights as permitted pursuant to Article XLVIII, Signs, of this chapter.
(8) 
Residential landscape lighting as defined herein, provided the lamp or lamps are not visible across property lines and, in addition, are not triggered by a dusk-to-dawn timer.
D. 
Placement and height of luminaires.
[Amended 4-17-2018 by L.L. No. 9-2018]
(1) 
Luminaires, exclusive of municipal streetlighting, and municipal recreational fields, shall be mounted no higher than 16 feet from the level ground to the lowest light-emitting part of the fixture.
(2) 
Luminaires on commercially used properties shall be located and shielded in a manner to prevent light projection beyond the property line. (See Figure 3.[3])
(3) 
Luminaires used for municipal recreational fields and municipal outdoor recreational uses shall be exempt from the height restriction, and illuminance levels, provided all other provisions of this article are met and the light is used only while the field is in use.
(4) 
Sign lighting. Lighting shall be mounted on the top of the sign, directed downward, and positioned and shielded so that the light source is not visible. No individual lamp shall exceed 1,000 lumens. Mounting height of lights shall not exceed 16 feet.
(5) 
Mounting height of residential luminaires may not exceed 14 feet.
E. 
Illuminance and type of lamp.
[Added 4-17-2018 by L.L. No. 9-2018]
(1) 
Illuminance levels for parking lots, sidewalks, and other walkways affected by side-mounted building lights and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the IESNA Recommended Practices, either PR33 or RP20, depending on the application. (See Tables 1, 2 and 3.[4]) The Town of Riverhead recognizes that not every such area will require lighting.
[4]
Editor's Note: The tables are included as attachments to this chapter.
(2) 
Parking lot lighting shall not exceed an overall average illumination as listed on Table 1.[5]
(3) 
Streetlight luminaires shall be full cutoff luminaires and be lamped with high-pressure sodium or compact fluorescent light source. The Engineering Division shall make a determination for the type of light distribution, the height, and lumen value of the light source for each location, based on the manufacturer's supplied photometric information, in order to meet the streetlighting warrants. The criteria for evaluating the warrant of streetlights shall be in conformance with the American Association of State Highway Transportation Officials (AASHTO) standards and/or a safety hazard as determined by the Town Engineer. The Town Engineer shall reserve the option to alter the type of light, light intensity of public roads and public facilities in areas where public safety is an issue. Streetlight luminaires shall be brought into compliance with this section no later than December 31, 2017.
(4) 
All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.
(5) 
Gas station under-canopy fixtures shall be lamped so as not to exceed light level measurements as recommended in RP33, Table 2.[6]
(6) 
All ATM and bank lighting shall conform to the provisions of the New York State ATM Safety Act, as contained in the New York State Banking Law § 75-a et seq., and the provisions of this article.
(7) 
All Long Island Power Authority leased preexisting nonconforming unshielded floodlight fixtures, including GE Powerflood, mercury-vapor fixtures, and all one-thousand-watt fixtures shall not be relamped, repaired or replaced.
F. 
All Long Island Power Authority (LIPA) leased preexisting nonconforming fixtures shall be replaced on or before December 31, 2010, with full cutoff fixtures and must meet the light solutions "Installation and Criteria" as adopted by LIPA on March 24, 2006:
[Added 4-17-2018 by L.L. No. 9-2018]
(1) 
Light levels shall not exceed recommendations (Table 1).
G. 
Prohibited exterior lighting. The following types of lighting are prohibited:
[Added 4-17-2018 by L.L. No. 9-2018]
(1) 
Searchlights, except those used for governmental, emergency and law enforcement purposes.
(2) 
Strobe lights, laser lights, or revolving lighting.
(3) 
Neon lights, except as legally permitted.
(4) 
Blinking, pulsating, tracing, or flashing lights, unless temporarily triggered by a security system.
(5) 
Any light fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational markers.
(6) 
Lighting that is determined by municipal law enforcement personnel to contribute to disabling or distracting glare into a public roadway.
(7) 
Any light fixture located within a designated nature preserve, easement, or waterway.
(8) 
Illuminated signs without a municipal permit.
(9) 
Nonmunicipal recreational field lighting, including but not limited to tennis, basketball and handball courts, and sports fields, including but not limited to baseball, soccer, and football, without site plan approval and a building permit.
(10) 
Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited.
(11) 
No exterior LED light fixtures shall exceed 3,000K.
(12) 
Mercury vapor.
(13) 
Unshielded LED lamps, except as exempt for holiday lighting.
(14) 
Metal halide, except as approved by the Town Engineer and only when the correlated color temperature (CCT) is less than 3,200K and when the arc tube of the lamp is enclosed with a protective acrylic or tempered glass shroud.
The attached figures and tables shall be incorporated into Article XLIX as guidelines for the public and the Town of Riverhead for use in enforcing this article. The Town does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples. Additional information is provided at the Town of Riverhead Planning Department.
A. 
Figure 1: illustrations of full cutoff and full shielded fixtures.
B. 
Figure 2: diagrams of generally acceptable and generally unacceptable light fixtures.
C. 
Figure 3: diagrams of recommended fixture placement in relation to the property line to control light trespass.
D. 
Table 1: limits of illumination target areas for parking lots.
E. 
Table 2: limits of illumination for target areas for car dealerships, sidewalks, walkways, and gas stations.
F. 
Table 3: limits of illumination for roadways.
[1]
Editor's Note: The figures and tables are included as attachments to this chapter.
A. 
All applications for site plan review, use permits, planned unit developments, subdivision approvals, applicable sign permits, or building permits shall include lighting plans showing location of each existing and proposed outdoor light fixture, and luminaire distribution, type, lamp source type, wattage, mounting height, hours of operation, lumen output, and illuminance levels in ten-foot grids in order to verify that lighting conforms to the provisions of this article. The Town Building and Planning Administrator and Chief Building Inspector may waive the requirement for illuminance level information only, if the Town Engineer finds that the illuminance levels conform to this article. For all other exterior lights which must conform to the requirements of this Article XLIX, an application shall be made to the Planning Board showing location, luminaire and bulb type, height, hours of operation, lumen output and illuminance levels. Applications for subdivision approval regarding lighting plans must be submitted to both the Planning Department and Engineering Department.
[Amended 11-1-2016 by L.L. No. 33-2016]
B. 
The Planning Board shall review any new exterior lighting or any existing exterior lighting on subject property 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 Article XLIX.
C. 
For all other exterior lighting which must conform to the requirements of Article XLIX, the Planning Board shall issue a decision whether the exterior lighting complies with the standards of this Article XLIX. All such decisions may be appealed to the Town of Riverhead Zoning Board of Appeals within 30 days of the decision.
If the Code Enforcement Division finds that any provision of this article is being violated, the Code Enforcement Division 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 Planning Department staff 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 Town Attorney may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this article.