[Adopted 7-7-2016 by Ord.
No. 14-2016]
This article establishes regulations, specifications and restrictions
for the use and/or installation of outdoor lighting in the municipality.
A.
This article shall be known as and may be cited as the "Outdoor Lighting
Ordinance."
B.
The purpose of this article is to require and set minimum standards
for outdoor lighting to:
(1)
Provide for and control lighting in outdoor public places where public
health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the disabling glare of nonvehicular
light sources.
(3)
Protect neighbors and the night sky from nuisance glare and light
trespass from improperly selected of poorly aimed, placed, applied,
maintained or shielded light sources.
(4)
Promote energy efficient lighting design and operation.
(5)
Protect and retain the intended character of the various portions
of the municipality.
A.
All uses within the municipality where there is interior or exterior
lighting that creates a nuisance or hazard as viewed from outside,
or exterior lighting that creates a nuisance when viewed from inside,
including, but not limited to, residential, commercial, industrial,
public and private recreational/sports and institutional uses, and
sign, billboard, architectural and landscape lighting.
B.
The municipality may, in its sole discretion, require the illumination of residential subdivisions in accordance with § 196-17 below.
C.
The municipality may, in its sole discretion, require lighting to
be incorporated for other uses or locations or may restrict lighting
in any of the above uses, as deemed necessary.
D.
The glare-control requirements herein contained apply to lighting
in all uses, applications and locations.
E.
Temporary seasonal decorative lighting (defined as two months annually
commencing November 15 through January 15 is exempt from all but the
glare-control requirements of this article.
F.
Emergency lighting, as may be required by any public agency while
engaged in the performance of their duties, or for illumination of
the path of egress during an emergency, are exempt from the requirements
of this article.
G.
Baseball/recreational fields are exempt from this article.
A rating of the amount of Backlight, Uplight and Glare of
a luminaire.
The temperature of a source of blackbody radiation whose
spectrum best approximates the spectrum of a particular light source,
expressed in units of Kelvins (K). CCT information is provided by
lighting manufacturers on the product packaging of all new lighting.
A lighting fixture from which no more than 2.5% of its lamp's
intensity is emitted at or above a horizontal plane drawn through
the lowest light-emitting/reflective part of the fixture and no more
than 10% of its lamp's intensity is emitted between 80° and
that horizontal plane.
A unit of illuminance or illumination, equivalent to the
illumination produced by a source of one candle at a distance of one
foot and equal to one lumen incident per square foot.
A lighting fixture from which none of its lamp's intensity
is emitted at or above a horizontal plane drawn through the lowest
light-emitting/reflective part of the fixture and no more than 10%
of the lamp's intensity is emitted between 80° and that horizontal
plane.
A lighting fixture, from which, in the installed position,
none of its light output, either directly from the lamp or a diffusing
element, or indirectly by reflecting or refraction from any part of
the fixture (excepting only incidental reflections from supporting
brackets or arms), is projected above a horizontal plane through the
fixture's lowest light-emitting/reflective part, as determined
by photometric test or certified by the manufacturer. Any structural
part of the fixture providing this shielding shall be permanently
affixed.
The sensation produced by lighting that causes an annoyance,
discomfort or loss in visual performance and visibility to the eye.
Decorative lighting permitted under this article commencing
November 15 through January 15 (two months), which lighting is exempt
from all but the glare control provisions of this article and said
lighting shall be extinguished between the hours of 10:00 p.m. to
7:00 a.m. of the following day during the two-month seasonal exemption.
Illuminating Engineering Society of North America, an internationally-recognized
organization that establishes best practices and published guidance
for outdoor lighting.
The intensity or degree to which something is illuminated
and is not the amount of light produced by the light source. This
is measured in footcandles or lux.
The lumens rating of a lamp at the time of manufacture, not
accounting for losses due to normal lamp aging. Initial lumens are
measured by manufacturers and provided along with product packaging
information.
Light emitted from fixtures designed or installed in a manner
that unreasonably causes light to fall on a property other than the
one where the light is installed, in a motor vehicle drivers'
eyes, or upwards toward the sky.
A metric unit of measurement of light. A light source of
one lumen yields an illuminance of one foot-candle on one square foot
of area.
A complete lighting unit, including lamp, housing and optics.
A metric unit of illuminance or illumination. One lux equals
one lumen of light incident on one square meter of illuminated surface
area.
The description of a luminaire from which no direct glare
is visible at normal viewing angles by virtue of its being properly
aimed, oriented, and located and properly fitted with such devices
as shields, barn doors, baffles, louvers, skirts or visors.
A.
IES Recommended lighting levels.
(1)
Lighting, where required by this article or otherwise required by
the municipality, shall have illuminances and uniformity ratios in
accordance with the current recommended practices of the IESNA as
contained in the IEG Lighting Handbook and relevant recommended practices
(RPs) as otherwise specified herein.
(2)
Future amendments to said Lighting Handbook and recommended practices
shall become a part of this article without further action by the
municipality.
B.
Lighting fixture design.
(1)
Luminaries shall be of a type and design appropriate to the lighting
application and aesthetically acceptable to the municipality.
(2)
Five-hundred-lm shielding limit and BUG rating requirement: For the
lighting of predominantly horizontal surfaces such as, but not limited
to parking areas, roadways, vehicular and pedestrian passage areas,
merchandising and storage areas, automotive-fuel dispensing facilities,
automotive sales areas, loading docks, culs-de-sac, active and passive
recreational areas, building entrances, sidewalks, bicycle and pedestrian
paths, and site entrances, all luminaires shall be aimed straight
down, redundant to BUG rating. Luminaires exceeding 500 initial lumens
shall meet IESNA fully shielded criteria.
(3)
BUG rating requirement: Except as may be specified elsewhere in this
article, luminaires shall have a BUG rating of B1-UO-G1. Luminaires
not exceeding 500 initial lumens, e.g., the rated output of a standard
nondirectional 33-watt incandescent or eight-watt compact fluorescent
lamp, are exempt from the requirements of this paragraph. In the case
of decorative street lighting luminaires, the municipality may approve
the use of luminaires with an uplight component not exceeding 1%.
(4)
For the lighting of predominantly nonhorizontal tasks or surfaces
such as, but not limited to, facades, landscaping, signs, billboards,
fountains, displays and statuary, when their use is specifically permitted
by the municipality, luminaires shall be fully shielded and shall
be installed and aimed so as to not project their output into the
windows of neighboring residences, adjacent uses, past the object
being illuminated, skyward, or onto a public roadway. Luminaires with
an aggregate rated lamp output not exceeding 500 initial lumens, e.g.,
the rated output of a standard nondirectional 33-watt incandescent
or eight-watt compact fluorescent lamp, are exempt from the requirements
of this paragraph.
(5)
CCT Restriction — All light sources shall have a CCT that does
not exceed 3000K.
C.
Lighting control.
(1)
Light trespass prohibited:
(a)
All lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard to drivers or pedestrians by impairing
their ability to safely traverse and shall not create light trespass
onto a neighboring use or property.
(b)
Directional luminaires such as floodlights and spotlights, when
their use is specifically approved by the municipality, shall be so
shielded, installed and aimed that they do not create light trespass
of neighboring past the object being illuminated, skyward or onto
a public roadway or pedestrian way. Floodlights installed above grade
on residential properties, except when motion-sensor activated, shall
not be aimed above 45° from the horizontal.
(2)
Sign/advertising lighting curfew: Illumination for signs, billboards,
building facades and/or surrounding landscapes for decorative, advertising
or aesthetic purposes is prohibited between 10:00 p.m. and dawn, except
that such lighting situated on the premises of a commercial establishment
may remain illuminated while the establishment is open for business,
and until no more than one-half hour after closing. Such lighting
shall be automatically extinguished using a programmable controller.
(3)
Area/parking lighting curfew:
(a)
Lighting for parking areas and vehicular and pedestrian traffic
ways for commercial, industrial and institutional uses shall be automatically
extinguished nightly within one-half hour of the close of the facility.
On/off control shall be by astronomic programmable controller with
battery or capacitor power-outage reset. When after-hours site safety
lighting is proposed, such lighting shall not exceed 25% of the number
of fixtures required or permitted for illumination during regular
business hours. The use of greater than 25% of the normal lighting
for all-night safety lighting shall require municipality approval,
based on the unique nature of the use. Alternatively, where there
is reduced but continued onsite activity throughout the night that
requires exterior illumination, the use of dimming circuitry to lower
illumination levels by at least 50% after 10:00 p.m. or after normal
business hours, or the use of motion-sensor control, shall be required.
(b)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture-mounting height,
wattage, aiming angle and fixture placement.
(c)
The vertical illuminance at the property line, measured in any
azimuthal direction, shall not exceed 0.05 fc (0.5 lx).
(4)
Landscape/architecture lighting restrictions:
(a)
Directional fixtures for such applications as facade, fountain,
feature and landscape illumination shall be aimed so as not to project
their output beyond the objects intended to be illuminated, shall
be extinguished between the hours of 10:00 p.m. and dawn and shall
not be in conflict with the municipality's aim to maintain its
intended character.
(b)
Only the United States and the state flag shall be permitted
to be illuminated from dusk till dawn and each flag shall be illuminated
by a source or sources with a beam spread no greater than necessary
to illuminate the flag. Flag lighting sources shall be fully shielded,
mounted such that flags are illuminated from the top down, and not
exceed 2,000 initial lumens per flagpole.
(c)
The use of white strobe lighting for tall structures such as
smokestacks, chimneys and radio/communications/television towers is
prohibited during hours of darkness, except as specifically required
by the Federal Aviation Administration.
(d)
Under-canopy lighting for such applications as gas/service stations,
hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall
be accomplished using flat-lens full-cutoff luminaires aimed straight
down and shielded in such a manner that the lowest opaque edge of
the luminaire shall be below the light source and its light-directing
surfaces, at all lateral angles around the luminaire. The average
maintained illumination in the area directly below the canopy shall
not exceed 20 fc (215 lx), with no value exceeding 30 fc (323 lx).
D.
Agricultural use criteria. For agricultural uses, the following criteria
shall apply:
(1)
No lighting shall be permitted that creates light trespass on any
adjacent residential use.
(2)
No lighting shall be permitted that creates a public safety hazard
by shining onto a public right-of-way.
(3)
Floodlights and other directional luminaires whose lamp and/or reflective
surfaces are visible from an adjacent residential use shall be extinguished
by no later than 10:00 p.m. or controlled by a motion sensor.
E.
Recreational uses. When facilities for such outdoor recreational
activities as baseball, tennis, football, miniature golf or any other
recreational use permitted under the municipality's municipality
Zoning Ordinance, are specifically permitted by the municipality for
operation during hours of darkness, the following requirements shall
apply:
(1)
Conformity with IES shielding regulations. Lighting shall be accomplished
only through the use of luminaires conforming to IESNA full-cutoff
criteria, or as otherwise approved by the municipality based on suitable
control of glare and light trespass. The IESNA standards for sports
lighting (RP-6) shall be utilized.
(2)
Curfew. For new recreational facilities and for recreational facilities
wishing to change their hours of operation during hours of darkness,
sporting events shall be timed so that all lighting in the sports
facility, other than lighting for safe exit of patrons, shall be extinguished
by 10:00 p.m., or the conclusion of regular play, irrespective of
extra innings or overtimes.
F.
Residential uses. Light trespass, as defined herein, is prohibited
as same constitutes a nuisance to surrounding neighborhood properties
and occupants.
A.
Safety hazards.
(1)
If appropriate officers or agents of the municipality judge a lighting
installation, including lighting poles, creates a public safety hazard,
the person(s) responsible for the lighting shall be notified in writing
and required to take remedial actions.
(2)
If appropriate corrective action has not been effected within 24
hours, same shall be a deemed a violation of this article.
B.
Nuisance glare and inadequate illumination levels.
(1)
Prohibited light trespass. When appropriate officers or agents of
the municipality judge an installation produces unacceptable levels
of light trespass or otherwise varies from the provisions of this
article, the municipality may cause written notification to the person(s)
responsible for the lighting and require appropriate remedial action.
(2)
If appropriate corrective action has not been affected within 24
hours of written notification, the municipality may commence legal
action as summons for municipal court for ordinance violations or
commencement of proceedings in Superior Court.
(3)
Fines. Each day the violation continues, the fine shall be no less
than $100, but no more than $1,000 per day.
Any person violating the terms of this chapter, whether as principal,
agent or employee of another, shall, upon conviction in the Municipal
Court, be subjected to a fine not exceeding $1,000 or to imprisonment
in the county jail not exceeding 90 days, or to both, in the discretion
of the judge.
