[HISTORY: Adopted by the Board of Trustees
of the Village of Orchard Park 3-9-2020 by L.L. No. 3-2020. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any artificial light which shines with a strong or steady
light.
Comprising not only buildings but the ground, soil or earth
as commonly understood.
A dwelling, pole or elevated object or a building or other
structured improvement on any premises of such physical size as to
be capable of having attached thereto or incorporated thereon, on
the exterior, artificial lighting by means of electrical, gas or other
luminescent fixtures.
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.
A.
No artificial lighting shall shine directly upon any neighboring
residential property or be so established that it shall shine directly
upon any residential property or shall shine directly on or into any
room or rooms, porches or patios of any residential property, nor
shall any artificial lighting be maintained or operated from any structure
or land in such a manner as to be a nuisance or an annoyance to neighboring
residential properties or as to interfere with the physical comfort
of the occupants of residential properties.
B.
Lights directly facing a neighboring residential property or located
in close proximity shall be shielded to keep direct glare from said
property.
C.
No sources of light shall be maintained or operated in connection
with any building or land in any manner or by any process or method
which transmits an objectionable glare on residential property.
D.
In no instance will any glare be permitted if such glare originates
from a light source facing any dwelling unit.
E.
The light intensity from illumination of any kind, abutting residential
property, shall not exceed 7,000 lumens.
A.
Any existing lights which do not conform to the regulations herein
established shall be considered a nonconforming light.
B.
All nonconforming lights shall be discontinued within 30 days from
the effective date of this chapter, and their continued use shall
be subject to the regulations of this chapter.
A.
When outside lighting is proposed as part of an application for a
building permit, variance, or sign permit, in conjunction with new
construction, remodeling or alterations, a lighting plan shall accompany
the development plan, which shall show:
(1)
A written description, with accompanying plan, which demonstrates
the objectives of the lighting.
(2)
The location, height and type of outdoor luminaires on the development
drawings.
(3)
A photometric grid in the form of a property layout showing lumen
readings within the property or site and illustrating compliance with
the shielding, light trespass and other requirements of this section.
(4)
The luminaire manufacturer's specification data, including photographs
of the fixtures, lumen output and photometric data showing cutoff
angles.
(5)
A total lumen output showing compliance with the total lumens per
net acre.
(6)
Photometric data color rendering index (CRI) of all lamps (bulbs).
(7)
Landscaping information that indicates initial and mature tree size,
shrubbery and other vegetation in order to evaluate the long-term
and seasonal effectiveness of lighting or screening of lighting.
(8)
That light trespass will not occur on adjacent property or public
streets. This will be demonstrated by the manufacturer's data,
cross-section drawings, or other means to confirm compliance with
this section, or as requested by the Village Board and/or Planning
Board.
(9)
Control descriptions, including type of controls (timer, motion sensor,
time clock, etc.), the light fixtures to be controlled by each type,
and control schedule.
B.
No exterior lighting shall be altered, enlarged, moved, improved,
or converted unless it conforms to a lighting plan approved by the
Code Enforcement Officer.
C.
Any change or alteration of nonresidential exterior lighting must
be approved by the Village Board and verified, post-installation,
by the Code Enforcement Officer, to ensure compliance with all the
provisions of this chapter.
This chapter is enacted pursuant to the authority given any
municipality of this state to enact ordinances which the governing
body deems necessary and proper for the good government, order or
protection of persons and property and for the preservation of the
public health, safety and welfare of the Village of Orchard Park and
its inhabitants.
Any person or persons responsible for such nuisance or annoying
lighting as described hereinbefore, whether owner, lessee or lessees
or others using any premises with or without the permission of the
owner, violating any of the provisions of this chapter shall, upon
conviction thereof, a complaint having been made, be subject to a
fine not exceeding $250 or to imprisonment for a term not exceeding
15 days, or to both fine and imprisonment, in the discretion of the
court. Each day a particular violation shall continue shall constitute
a separate offense.
