[HISTORY: Adopted by the Town Meeting of the Town of South
Hadley 1-11-2017 STM by Art. 14. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 255.
The purpose of this chapter is to protect public health, safety,
and the environment by:
A.
Providing for adequate and appropriate outdoor lighting;
B.
Providing for lighting that will complement the character of the
Town;
C.
Reducing glare;
D.
Minimizing light trespass;
E.
Reducing the cost and waste of unnecessary energy consumption; and
F.
Requiring proper management and disposal of lighting fixtures, lamps,
and associated elements.
The requirements of this chapter shall apply to all outdoor lighting in the Town, except that the permitting (§§ 171-4 and 171-5) and review (§ 171-6) requirements of this chapter shall not apply to the following:
A.
Lighting on individual lots used principally for residential occupancy
as one-, two-, or three-family dwellings; or
B.
Lighting for parking areas of fewer than 10 parking spaces if the
lighting fixtures are less than 14 feet in height and the project
lighting is approved by the Planning Board with input from the South
Hadley Electric Light Department as a provision of a special permit;
or
C.
Streetlighting, traffic control lighting and other lighting for public
safety along streets or ways if approved by the Town's Traffic
Sign Committee and the streets or ways are on plans approved by the
Planning Board; or
A.
The Selectboard may waive the requirements of this chapter upon application
of the property owner. Any such application for waiver of said requirements
shall contain a detailed description of the proposed lighting and
how the lighting will achieve the purposes of this chapter if the
waiver is granted.
B.
The Selectboard may grant a waiver for projects for which the Planning
Board has granted a special permit or site plan review only if:
A.
Prior to installation of any outdoor lighting subject to this chapter, the applicant must obtain a permit from the Selectboard, unless excepted pursuant to § 171-2 or waived pursuant to § 171-3. To obtain such a permit, the applicant must submit an application on forms set forth by the Selectboard along with any required application fee and plan(s) containing at least the information required by § 171-5. The number of plans and the scale of plans to be submitted shall be as set forth by the Selectboard.
B.
In the event that the Selectboard determines that a third-party review
by a qualified lighting engineer or lighting specialist is necessary
or advisable to better inform its determination, the Selectboard may
require the applicant to pay into the special municipal account a
sum necessary to pay for that review.
Plans submitted with the application for approval under § 171-4 shall include, at a minimum:
A.
The location and type of any outdoor lighting luminaires;
B.
The proposed height of all proposed luminaires;
C.
The proposed height of all poles;
D.
The elevation of the base of all proposed poles and proposed luminaires;
E.
Identification of any existing vegetation proposed to be removed
which may alter the view of and glare from the proposed luminaires;
F.
The luminaire manufacturer's specification data, including,
but not limited to, lumen output and photometric data showing cutoff
angles;
G.
The type of lamps proposed, such as metal halide, compact fluorescent,
high-pressure sodium, etc.;
H.
A photometric plan showing the intensity of illumination at ground
level, expressed in footcandles;
I.
Identification of surface area intended to be illuminated;
J.
Details of the hours of operation for the lighting;
K.
A description of how the lighting will be regulated for turning on
and turning off; and
L.
A plan for disposal of expended lighting fixtures and lamps.
Prior to acting on any application for a permit or a waiver
thereof, the Selectboard shall have the application reviewed by the
Planning Board and such other boards and departments deemed appropriate
by the Town Administrator and shall hold a public hearing on said
application. However, the Selectboard may waive the public hearing
requirement if it determines that prior public hearings held by other
Town boards have provided a satisfactory forum for public review of
the lighting plans and the minutes of the other public hearings have
been provided to the Selectboard for review.
Approval by the Selectboard of any application for a permit under § 171-4 or a waiver under § 171-3 shall be based on the following:
A.
Conformity with purposes. The application must conform to the purposes
of this chapter.
B.
Glare into community or surrounding neighborhood. The proposed lighting
must not create glare which is adverse to the community or surrounding
neighborhood.
C.
Light trespass. The proposed lighting must not create any light trespass
onto any abutting street or abutting lot or parcel.
D.
Downcast of illumination. All illumination must be downcast and not
emit any direct light above a horizontal plane passing through the
lowest part of the light-emitting luminaire.
Any lighting subject to this chapter shall conform to the following
requirements and restrictions:
A.
Control of glare and light trespass. The luminaires must be fully
shielded so as to control glare and light trespass.
B.
Directed to surface intended to be illuminated. The luminaires must
be designed, placed, and maintained so as to only illuminate the area
identified in the project plans as intended to be illuminated. The
area to be illuminated must be restricted to the property on which
the luminaires are located or other properties also owned by the parties
having said illumination installed.
C.
Prohibited fixtures. Mercury vapor fixtures must not be used in new
installations. Where existing mercury vapor fixtures are being replaced
with new such fixtures, the owner must provide a plan for the safe
disposal of the existing and replacement fixtures.
D.
Hours of operation. Outdoor lighting shall not be illuminated between
11:00 p.m. and 6:00 a.m. with the following exceptions:
(1)
If the facility for which the lighting is being utilized is legally
and properly open and being used, such as (but not limited to) a business
open to customers or an athletic facility being used for an event,
normal illumination shall be allowed during the activity, but for
not more than 1/2 hour after the activity or use ceases.
(2)
Low-level lighting sufficient for the security of persons or property
on the lot or parcel may be in operation between 11:00 p.m. and 6:00
a.m., provided the level of illumination on the ground or on any vertical
surface is not greater than 0.5 footcandle.
(3)
Any other variation as determined by the Selectboard if it finds
that proposed illumination will not adversely impact any nearby residences
on account of longer periods of operation and the applicant provides
an appropriate technology for ensuring that the fixtures are not operated
24 hours per day.
E.
Height of luminaires. Luminaires must not exceed 35 feet in height
unless the Selectboard expressly finds that a greater height will
further the purposes of this chapter when applied to the particular
property, facility, and surrounding neighborhood.
F.
Minimum lumens. Any outdoor lighting fixture or lamp must have a
sustained rating of 50 lumens per watt.
The provisions of this chapter shall be enforced by the Building Commissioner. Penalties for violation of any portion of this chapter shall be as provided in § 1-6 of the General Bylaws.
