[HISTORY: Adopted by the Town Board of the Town of Phelps 11-14-2011 by L.L. No.
5-2011. Amendments noted where applicable.]
A.
The Town Board finds that regulating the use of outdoor lighting
will help ensure the:
(1)
Preservation and protection of the current rural nature of the Town
of Phelps;
(2)
Conservation of energy and resources while maintaining nighttime
safety, utility, security and productivity;
(3)
Minimization of adverse off-site impacts, including light trespass
and obtrusive light;
(4)
Curtailment of light pollution and the degradation of the nighttime
visual environment;
(5)
Protection of the natural environment from adverse effects of night
lighting.
B.
The purpose of this chapter 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. It is also declared to be the purpose
of these regulations to provide more specific requirements and standards
in regard to lighting.
All outdoor lighting shall be installed in conformance with
the provisions of this chapter and applicable Electrical and Energy
Codes as per the New York State Building Codes. Where there may be
a conflict in regulations and/or requirements, the more restrictive
of the regulations and requirements shall apply.
All outdoor lighting shall be in conformance with the requirements
of this chapter.
A.
All outdoor lighting fixtures, including display lighting, shall
be shielded, turned off after close of business, unless needed for
safety or security, in which case the lighting shall be reduced to
the minimum level necessary and may operate on motion detectors/sensors.
B.
Petroleum stations. Island canopy ceiling fixtures shall be recessed
so that the lens cover is flush with the bottom surface of the canopy
or shielded by the fixture or edge of canopy so that the light is
constrained to 85° or less from horizontal. Lights shall not be
mounted on the top or sides of the canopy.
C.
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to the requirements set forth in § 92-5 below.
D.
All light fixtures that are required to be fully shielded shall be
installed and maintained so that the shielding is effective.
E.
Outdoor floodlight projection above the horizontal plane is prohibited.
F.
All outdoor light fixtures, except streetlights, shall be located,
aimed or shielded so as to minimize stray light trespassing across
property boundaries.
[Amended 1-14-2013 by L.L. No. 1-2013]
G.
Search lights, laser source lights or any similar high-intensity
light shall not be permitted, except in emergencies by police and
fire personnel or at their direction.
H.
On projects where an engineer or architect is used, the engineer
or architect shall verify in writing to the Town that all outdoor
lighting was installed in accordance with the approved plans and specifications.
I.
External and internal illumination for all signs shall conform to
the provisions of this chapter. External illumination meeting the
requirements of this chapter is the preferred and encouraged illumination
method for all signs. When considering an internally illuminated sign,
the Planning Board shall take into consideration various aspects of
the sign, including but not limited to size, color, proximity to street,
residences, businesses, height, intensity of lighting, other signage
in the area, type of lighting, and materials used to construct the
sign. In addition, internally illuminated signs should be low intensity,
have dark or opaque backgrounds, be compatible with other neighborhood
signs or architectural features of the surrounding area and not block
the visibility of other adjacent features. In no event shall an illuminated
sign be placed or directed so as to permit the beams and illumination
therefrom to be directed or beamed upon any adjacent public or private
premises so as to cause glare or reflection that may constitute a
nuisance or traffic hazard. No illuminated sign located adjacent to
or across the street from any residential district shall be illuminated
between the hours of 11:00 p.m. and 7:00 a.m. unless the use to which
the sign pertains is open for business.
[Amended 1-14-2013 by L.L. No. 1-2013]
J.
Holiday decorations may remain on all night from November 15 to January
15.
K.
All applications for site plan review pursuant to Chapter 115 shall be in conformance with this chapter. Whenever Chapter 115 requires the Planning Board to approve a site plan, no building permit shall be issued unless the Planning Board has made a specific finding that the application is in conformance with this chapter.
[Added 1-14-2013 by L.L. No. 1-2013]
Requirements:
|
Fixture/Lamp Types
|
Shielding Required
|
|---|---|
|
All light sources at 1,100 lumens and above (which is comparable
to the light of a 75-watt standard incandescent bulb)
|
Fully
|
|
All light sources below 900 lumens (which is comparable to a
70-watt standard incandescent bulb)
|
None
|
Exceptions to § 92-5 above:
A.
Any spot or flood luminaire having initial source lumens of 900 or
less, provided that no direct light is focused so as to cause avoidance
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 from this section.
B.
Temporary lighting associated with circuses, fairs, carnivals or
civic uses.
C.
Construction or emergency lighting, provided such lighting is temporary
and is discontinued immediately upon completion of the construction
work or abatement of the emergency necessitating said lighting.
D.
Temporary lighting lasting for less than 15 days.
E.
Lighting within public right-of-way or easement for the principal
purpose of illuminating streets or roads. No exemption shall apply
to any lighting within the public right-of-way or easement when the
purpose of the luminaire is to illuminate areas outside the public
right-of-way or easement.
F.
Lighting for public monuments and to light the United States Flag.
G.
Holiday decorations from November 15 to January 15.
A.
Blinking, flashing, moving, revolving, scintillating, flickering,
changing intensity, scrolling and changing color lights shall be prohibited,
except for temporary holiday displays, lighting for public safety
or traffic control, or lighting required by the FAA for air traffic
control and warning purposes.
[Amended 1-14-2013 by L.L. No. 1-2013]
B.
Laser source lighting or any similar high-intensity light for outdoor
advertising or entertainment is prohibited.
C.
The installation, sale, offering for sale, lease or purchase of any
mercury vapor light fixture for use as outdoor lighting is prohibited.
All exterior lights and illuminated signs shall be designed,
located, installed and directed in such a manner as to prevent objectionable
light at (and glare across) the property lines and glare at any location
on or off the property. The "maintained horizontal illuminance recommendations"
set by the Illuminating Engineering Society of North America (IESNA)
shall be observed.
All applications for site plan and/or special use permit approval
shall require a lighting plan showing conformity with the standards
contained in this chapter. Such lighting plan shall indicate the location,
type of lamp, luminaire, mounting height, source lumens, illuminance
and glare control options, if any, for each light source and area.
Illuminance may be plotted using manufacturer's photometric charts
or the Planning Board may require iso-footcandle drawings to examine
the interaction of all lighting proposed on the site. Any additional
information necessary to show conformance to the standards set forth
in this section shall also be provided. Additions or changes to an
approved lighting plan shall be considered under the site plan review
provisions of this chapter.
A.
Lighting in conformance with this chapter is required for all parking
lots having spaces for five or more vehicles. Light levels shall be
designed to meet but not exceed the latest recommended levels from
IESNA for the type of activity/area being lighted except light levels
for ATMs which shall be in accordance with the New York State ATM
Safety Act. Where no standard is available from the Illuminating Engineering
Society of North America (IESNA), the applicable standard shall be
determined by the Planning Board taking into account the levels for
the closest IESNA activity.
B.
Uniform light levels shall be achieved on the site. The uniformity
ratio (average to minimum) shall not exceed 3:1 for parking and traffic
areas or 4:1 for pedestrian areas.
C.
Design should establish a hierarchy of lighting to ensure a smooth
transition from bright areas to those with subdued lighting.
D.
Maximum to average light levels should be kept within a 6:1 ratio.
Light levels shall be maintained at design levels with lamp or luminaire
replacement as needed.
E.
Maximum heights and intensities of lighting shall conform to the
following table:
[Amended 1-14-2013 by L.L. No. 1-2013]
|
Area
|
Overhead Feet
|
Intensity in Footcandles
|
|---|---|---|
|
Parking lots
|
12 to 15
|
0 to 0.5
|
|
Vehicular intersections
|
20 to 25
|
0.5 to 1.0
|
[Amended 1-14-2013 by L.L. No. 1-2013]
All exterior lighting shall be designed so that the bulb (point
light source) is not directly visible from adjacent and neighboring
properties or public rights-of-way. This can be accomplished using
fixtures that "fully shield" the bulb behind opaque shielding (i.e.,
the light distribution is primarily down and/or up directed) or which
utilize nontransparent diffusion material (e.g., glass, acrylic, or
polycarbonate) in the case of fixtures with some sort of translucent
lens(s) around the bulb compartment.
All luminaires whose initial source of lumens is equal to or
greater than 1,100 must meet the following requirements:
Light trespass is defined as the shining of light produced by
a light fixture beyond the horizontal boundaries of the property on
which it is located and vertically above the property. For all types
of uses, light level shall be no greater than 1/2 of a footcandle
at the property line.
The use of motion sensors, photocells, or photocell/timers to
control duration of nighttime illumination is required for safety
and security lighting. In all cases, light intensity shall be limited
to between one and two footcandles.
A.
Motion sensors are the preferred method for controlling nighttime
illumination. These are only permitted where the sensor is triggered
by activity within the owner's property lines.
B.
Photocells are only permitted under the following conditions:
C.
Timer/photocell combinations are a preferred method when used for
nighttime control at primary points of entrance (e.g., front entries)
and may be used with fully shielded lighting fixtures with nontransparent
diffusion material.
All outdoor lighting lawfully existing prior to the effective
date of this chapter shall be deemed conforming to this section except
that:
A.
No installation of new luminaires (e.g., fixtures and bulbs) shall
be permitted unless in conformance to this chapter.
B.
All outdoor lighting that, in the opinion of the Code Enforcement
Officer, is causing a glare on adjoining roadways and/or properties
shall be required to submit lighting details to the Code Enforcement
Officer showing that the existing lighting meets the requirements
of this section or how such lighting will be brought into conformance.
As used in this chapter, the following terms shall have the
meanings indicated:
A measurement of the amount/density of light falling on an
object or surface away from the light source. A non-SI unit of illuminance
or light intensity, defined as the amount of illumination the inside
surface of a one-foot radius sphere would be receiving if there were
a uniform point source of one candela in the exact center of the sphere.
A luminaire with opaque top and sides, capable of emitting
light only in the lower photometric hemisphere as installed. See examples.
Light entering the eye directly from luminaires or indirectly
from reflective surfaces that causes visual discomfort or reduced
visibility.
A measurement of brightness. The unit of luminous flux, a
measure of the power of light perceived by the human eye. The amount
of light emitted through an angle called a steradian by a source with
the intensity of one wax candle, radiating uniformly in all directions.
The complete lighting unit (fixture) consisting of a lamp,
or lamps and ballast(s) (when applicable), together with the parts
designed to distribute light (reflector, lens, diffuser), to position
and protect the lamps, and to connect the lamps to the power supply.
For an exterior luminaire, flux radiated in the hemisphere
at or above the horizontal plane.
[Added 1-14-2013 by L.L. No. 1-2013]
A.
A violation of this chapter is declared to be an offense, punishable
by a fine of $250 or imprisonment for a period not to exceed 15 days,
or both. Each day that such a violation continues to exist shall constitute
a separate and additional violation.
[Amended 8-10-2015 by L.L. No. 3-2015]
B.
This chapter shall be administered and enforced by the Code Enforcement
Officer of the Town of Phelps.
