[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 5-12-2009 by L.L. No. 2-2009.[1] Amendments noted where applicable.]
A.
The general purpose of this chapter is to protect and promote the
public health, safety and welfare, the quality of life, the Village's
unique character, and the ability to view the night sky by establishing
regulations and a process for review of exterior lighting.
B.
This chapter establishes standards for exterior lighting in order
to accomplish the following:
(1)
To reduce overall energy consumption and eliminate unneeded and excessive
lighting.
(2)
To ensure that sufficient lighting can be provided where needed to
promote safety and security.
(3)
To minimize light trespass and light pollution in all areas of the
Village.
(4)
To protect and reclaim the ability to view the night sky by reducing
sky glow.
(5)
To regulate the type of light fixtures, lamps and additional lighting
hardware in all areas of the Village.
(6)
To provide safe roadways for motorists, cyclists and pedestrians.
(7)
To provide guidance and instruction to property owners bringing nonconforming
lighting into conformance with this chapter.
C.
If any section, subsection, phrase, sentence or other portion of
this chapter is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portions shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
As used in this chapter, the following terms shall have the
meanings indicated.
A paved area leading from a roadway to a garage.
Brightness levels beyond that which are required for safety,
location or identification or illuminate areas beyond those intended.
Temporary or permanent lighting equipment that is installed,
located or used in such a manner as to cause light rays to shine outdoors.
The sensation produced by a light source within the visual
field that is sufficiently brighter than the level to which the eyes
are adapted so as to cause annoyance, discomfort, or loss in visual
performance and visibility.
A family of bulb types known as "high intensity discharge,"
including high-pressure sodium, mercury vapor, and metal halide.
Temporary strings of small individual lamps, or other ornamental
lighting customarily displayed at holiday times.
Any adverse effect of man-made light including but not limited
to glare, light trespass, sky glow, visual clutter, wasted energy
due to excessive or unnecessary lighting, or any man-made light that
unnecessarily diminishes the ability to view the night sky or is disruptive
to flora and fauna.
Light projected onto the property of another or into the
public right-of-way when it is not required or permitted to do so.
The complete lighting assembly or fixture (including the
lamp, housing, ballasts, photocells, reflectors, lenses and shields),
other than the support assembly (pole or mounting bracket)
The distance from natural grade to the highest light-emitting
part of the luminaire.
The overhead glow from light emitted sideways and upwards,
including light reflected upward from the ground or other surfaces.
A.
All exterior luminaires installed, replaced, or repaired after the
effective date of this chapter shall conform to the standard established
by this chapter.
B.
Existing lighting in conflict with this chapter shall be brought
in compliance with the requirements of this chapter within six months.
C.
Upon any repair or replacement of any nonconforming luminaire, or
relocation of such luminaire, that luminaire shall be brought in compliance
with the terms of this chapter at the completion of the repair or
replacement.
D.
This chapter shall not apply to any person or entity granted a waiver by the Village Zoning Board of Appeals to maintain either permanent or temporary exterior lighting. The extent and duration of such approval shall be determined by the Zoning Board of Appeals. In making its determination, the Zoning Board of Appeals shall take into consideration the purpose, intent and standards set forth in the Code of the Village of Muttontown § 94-1, and the factors set forth in New York Village Law § 7-712-b3(b).
A.
No person, firm or corporation or its agents or employees shall install,
operate or maintain any outdoor light, lamp, luminaire or other illumination
in the Village except in compliance with this chapter.
C.
All exterior lights, lamps, luminaires, or other illuminations shall
be so arranged, adjusted and operated with reflectors, refractors,
shielding devices, and screening so that the beam or any part thereof
shall not project or reflect beyond the property line of the premises
of the owner or occupant, shall not constitute a nuisance or interfere
with the peace, comfort, sleep or rest of any other person or persons,
and shall not adversely affect the health of any person or persons.
D.
Mounting height:
(1)
The mounting height of any freestanding luminaire shall not exceed
18 feet.
(2)
The mounting height of a luminaire mounted on a building or accessory
structure shall not exceed 25 feet, except that the mounting height
of any luminaire mounted on a column, pier, stanchion, or other structure
located at the entrance of a driveway or walkway may not exceed 6.5
feet from the natural grade to its highest point.
(3)
The mounting height of exterior lighting to illuminate outdoor play
or activity areas, tennis courts, or recreational courts which are
permitted accessory uses to single-family dwellings or permitted special
uses, shall not exceed a height that is equal to the sum of one third
of the distance to the nearest required setback line plus three feet,
and shall in no event exceed 18 feet. All such lighting shall be fully
or partially shielded and directed so as to minimize light trespass
on adjacent properties and to minimize sky glow.
E.
Driveway or walkway lighting located in any required setback established in the Code of the Village of Muttontown §§ 190-7 and 190-8:
(1)
Shall be mounted no more than 18 inches from the margins of the driveway
or walkway.
(2)
Shall be spaced at intervals of no less than 10 feet, except that
walkway luminaires mounted on or illuminating steps may be spaced
at lesser intervals, provided that each step shall not be illuminated
by more than 100 lumens of radiated light in the aggregate.
(3)
Shall be mounted no higher than 18 inches from the grade at the base
of the luminaires.
(4)
Shall not exceed 100 lumens in radiated light.
F.
Prohibited exterior lighting:
(1)
The use of searching, flashing or neon exterior lighting is prohibited.
(2)
The use of florescent exterior lighting, other than the type known
as "energy saving lights" or "compact florescent lamps," is prohibited.
(3)
The exterior use of "energy saving lights," "compact florescent lamps,"
and HID lighting shall be limited to fully shielded luminaires producing
no more than 2,000 lumens of radiated light.
(5)
The use of exterior lighting to illuminate outdoor play or activity
areas, tennis courts, or recreational courts is prohibited between
the hours of 10:00 p.m. and 8:00 a.m. Eastern standard time, and between
the hours of 11:00 p.m. and 8:00 a.m. Eastern daylight saving time,
except that the use of exterior lighting to illuminate private swimming
pools or hot tubs shall not be prohibited during the foregoing hours.
(6)
Swimming pool or hot tub luminaires shall be mounted no more than
one foot above the top of the swimming pool or hot tub and its attached
associated decking or patio, if any.
(7)
No area lights or floodlights shall be erected or used in any manner
that will cause hazard or annoyance to the public generally or to
the occupants of neighboring properties.
(8)
No colored lights shall be mounted, used or maintained along any
street, road or highway, except for official traffic signals.
G.
Temporary holiday exterior lighting is exempt from the provisions
of this chapter, except that such temporary holiday exterior lighting
shall be disabled within 15 days after the date of the respective
holiday.
H.
All feeds for new electrical services, and all feeds to any exterior
luminaire shall be run underground.
A.
Any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or other person, firm or corporation taking
part or assisting in the installation, alteration, repair, equipping,
use or maintenance of any lighting in violation of any of the applicable
provisions of this chapter or any lawful order, notice, directive,
permit or certificate of the Code Enforcement Officer made hereunder
shall commit a violation of this chapter.
B.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, and each day that a violation continues shall be deemed to constitute a separate and distinct violation. In addition to any other remedy provided for therein, proceedings may be instituted to enjoin any unlawful construction, installation, use or maintenance of exterior lighting.
