[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale 9-14-2021 by Ord. No. 2021-1511. Amendments noted where applicable.]
For purposes of this chapter, the following terms shall have the meanings indicated:
GLARE
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.
IESNA
Illuminating Engineering Society of North America. An organization that recommends standards for the lighting industry.
LIGHT TRESPASS
Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in § 250-4, Light trespass; nuisance light, of this chapter.
OBJECTIONABLE DIRECT GLARE SOURCE
Glare resulting from excessive levels of illumination or insufficiently shielded light sources emanating from light fixtures in the field of view where the lens, lamp or reflector is offensively visible above a height of five feet at a property line or a public roadway.
OUTDOOR LIGHT FIXTURE
An electrically powered illuminating device containing a total light source of more than 1800 initial lumens per fixture or any spot or flood luminaire with a reflector contained in the lamp component, such as a parabolic aluminized reflector (PAR) lamp, of more than 900 initial lumens, which is permanently installed outdoors, including but not limited to devices used to illuminate any site, architectural structure, or sign.
SHIELDED LIGHT FIXTURE
A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90º above nadir (straight down at perfect vertical) through the light fixture's lowest light-emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
SPECIAL CODE ENFORCEMENT OFFICER
The Construction Official and/or Property Maintenance Official, who shall be empowered to enforce all aspects of this chapter including those involving glare nuisance.
The governing body of the Borough of Montvale does herein find that regulation of outdoor lighting in the Borough is necessary to prevent misdirected or excessive artificial light caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security.
All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the requirements as specified below:
A. 
When 50% or more of existing outdoor light fixtures are being replaced or modified, then all existing and new lighting must be made to conform to the provisions of this lighting chapter. Under such circumstances, site plan approval shall be required.
B. 
Where used for security purposes or to illuminate walkways, roadways and parking lots, only shielded light fixtures shall be used to restrict the maximum apex angle of the cone of illumination to 150º.
C. 
Where used for commercial and industrial purposes such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and comply with the following:
(1) 
Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.
(2) 
Other upward directed architectural, landscape or decorative direct light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.
(3) 
Recreational and sports facility lighting shall be shielded whenever possible. Such lighting shall have directional and glare control devices, when necessary, to comply with § 250-4.
(4) 
All other outdoor lighting shall use shielded light fixtures.
D. 
All floodlight-type fixtures, once properly installed, shall be permanently affixed in the approved position.
E. 
Foundations supporting lighting poles not installed four feet behind the curb shall not be less than 24 inches above ground.
F. 
All lights shall be 3,500 Kelvin CCT (correlated color temperature) or less.
G. 
The style of the light and light standard shall be consistent with the architectural style of the principal building.
H. 
The maximum height of freestanding lights shall be the same as the principal building, but not exceeding 25 feet.
I. 
Where lights along property lines would be visible to adjacent residents, the lights shall be appropriately shielded. Such shieldings may include berming, landscape material, decorative fencing and, in the case of buildings in excess of two stories, interior window shades or other appropriate treatment that restricts exterior light passage. Site lighting, other than that needed for security purposes, shall be set on a timer system that shuts off all but security lighting of the site by 11:00 p.m.
J. 
Spotlight-type fixtures attached to buildings and visible to the public shall be prohibited.
K. 
Freestanding lights shall be so located and protected to avoid being easily damaged by vehicles.
L. 
Lighting shall be located along streets, parking areas, at intersections and where various types of circulation systems merge, intersect or split.
M. 
Pathways, sidewalks and trails shall be lighted with low or mushroom-type standards or shielded fixtures creating a similar lighting effect.
N. 
Stairways and sloping or rising paths, building entrances and exits require illumination.
O. 
Lighting shall be provided where buildings are set back or offset if access is provided at such points.
P. 
All outdoor lighting not necessary for security purposes shall be reduced, activated by motion sensor devices or turned off during nonoperating hours. Illuminated signs are excluded from this requirement.
Q. 
All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.
All light fixtures, except streetlighting, shall be designed, installed and maintained to prevent light trespass, as specified in Subsections A and B below.
A. 
At a height of five feet above the property line of the subject property, illuminations from light fixtures shall not exceed 0.1 footcandle in a vertical plane on residentially zoned property.
B. 
Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will not be any objectionable direct glare source visible above a height of five feet from any property or public roadway.
Note: Light fixtures near adjacent property may require special shielding devices to prevent light trespass.
No electric utility floodlight intended for property illumination shall be located within the public right-of-way, on any public roadway or on any property unless:
A. 
The luminaire is sufficiently shielded and aimed so that no objectionable direct glare source is visible at any point on the roadway where the viewing height is five feet or greater and when the distance from the mounting pole is 70 feet or greater.
B. 
The property being illuminated does not exceed the maximum maintained illuminance levels to perform the lighting task prescribed in § 250-7, Schedule A; illuminance standards, of this chapter.
C. 
All electric utility floodlights shall be subject to the requirements in § 250-4, Light trespass; nuisance light, of this chapter.
D. 
The light shall not be inconsistent with or in violation of any previously approved lighting plan.
E. 
The placement of said floodlight has been approved by resolution of the governing body.
F. 
All such lights shall be independently metered unless the Borough has agreed to assume financial responsibility for said floodlight.
Schedule A.
A. 
The following intensity in footcandles shall be provided:
(1) 
Parking lots: a minimum average of 0.5 footcandle throughout.
(2) 
Intersections: 3.0 footcandles.
(3) 
Maximum at property lines: 0.5 footcandle at the property line in residential zones or where the property abuts a residential zone; otherwise, 1.0 footcandle.
(4) 
In residential areas: 0.5 footcandle.
B. 
For typical conditions. During periods of nonuse, the illuminance of certain parking facilities should be turned off or reduced to conserve energy. If reduced lighting is to be used only for the purpose of property security, it is desirable that the minimum (low point) not be less than 0.1 fc in susceptible areas of the property. Reductions should not be applied to facilities subject to intermittent night use, such as apartments, hospitals and active transportation areas.
C. 
If personal security or vandalism is a likely and/or severe problem, an increase above the basic level may be appropriate.
D. 
High vehicular traffic locations should generally require the enhanced level of illumination. Exits, entrances, internal connecting roadways and such would be some examples.
E. 
Increasing the above illuminance is not likely to increase safety and security. Requests for higher levels will generally be for "retail" reasons and should not be granted unless shown to be necessary and at an average illuminance not to exceed 3.6 fc.
A. 
Violation of any provision of this article shall be cause for a violation to be issued to the violator by the Special Code Enforcement Officer, police officer, or such other official or enforcing agency designated by the Mayor and Council. The recipient of an enforcement document shall be entitled to a hearing in Municipal Court having jurisdiction to contest such action.
B. 
Any person who violates any provision of this article shall be subject to the penalties set forth in Chapter 1, Article I, General Penalty. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense.
C. 
No provision of this chapter shall be construed to impair any common law, statutory or regulatory cause of action or legal remedy therefrom, or any personal injury or damage arising from any violation of this chapter or from other law.
D. 
Any violation of a lighting plan that was submitted to the Planning Board in connection with a site plan, subdivision, or other application may be enforced by the Borough as a violation of the conditions of approval.
This chapter as it applies to glare nuisance shall be applicable to the following property categories:
A. 
Industrial facilities.
B. 
Commercial facilities.
C. 
Public service.
D. 
Community service facilities.
E. 
Multiuse properties.
F. 
Public and private rights-of-way.
G. 
Public spaces.
H. 
Multidwelling unit buildings.
An objectionable direct glare source can be potentially hazardous to motorists, cyclists or pedestrians by causing discomfort and fatigue or reducing vision, especially with the aged, and such direct glare can also affect performance by distracting attention, and the people have a right to, and should be ensured of, an environment free of any such existing invasive nuisance. It is therefore the policy of the Borough of Montvale to prevent any such existing objectionable glare as set forth in this article.
A. 
Light fixtures in the categories set forth in § 250-12, Applicability, of this chapter regarding outdoor lighting which cause an objectionable direct glare source to be visible above a height of five feet from streets or parking lots within the field of view of motorists, cyclists or pedestrians shall be either shielded or repositioned within 30 days of notification to avoid any potential hazard to such motorists, cyclists or pedestrians.
B. 
Light fixtures in the categories set forth more fully in § 250-12, Applicability, of this chapter regarding lighting which causes an objectionable direct glare source to be visible above the height of five feet from residential properties that is offensive to the occupants of such properties by being in violation of the standards set forth in § 250-4, Light trespass; nuisance light, of this chapter, which provides that all light fixtures, except streetlighting, shall not provide illuminations exceeding 0.1 footcandle in a vertical plane on residentially zoned property, and shall not be installed and/or maintained in such a way as to produce an objectionable direct glare source to be visible above the height of five feet from any property or public roadway. In such cases, property owners shall be notified to shield or reposition light fixtures within 30 days of notification.
C. 
All existing electric utility floodlights utilized for illumination on the property categories listed in § 250-12, Applicability, of this chapter shall be subject to § 250-6, Electric utility floodlights, of this chapter in that such light fixtures must be sufficiently shielded and aimed so as to not allow an objectionable direct glare source to be visible at any point on the roadway where the viewing height is five feet or greater and when the distance from the mounting pole is 70 feet or greater. Maximum maintained luminance levels must be as prescribed by § 250-5, Illuminance and luminance requirements, of this chapter, and all electric utility floodlights shall be subject to the requirements of § 250-4, Light trespass; nuisance light, of this chapter. When existing floodlights are found to be noncompliant, the electric utility and property owner shall be notified to make corrections within 30 days of notification.
A. 
Violation of any provision of this article involving glare or light nuisance shall be cause for a violation to be issued to the violator by the Special Code Enforcement Officer, police officer, or such other official or enforcing agency designated by the Mayor and Council. The recipient of an enforcement document shall be entitled to a hearing in Municipal Court having jurisdiction to contest such action.
B. 
Any person who violates any provision of this article shall be subject to the penalties set forth in Chapter 1, Article I, General Penalty. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense. In addition, any offending light shall be removed immediately by the violator.
C. 
No provision of this article shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.