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.
Illuminance and luminance requirements shall be as set forth in §
250-7, Schedule A; illuminance standards, of this chapter.
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.
Searchlights or flashing or animated signs are prohibited.
This chapter as it applies to glare nuisance shall be applicable
to the following property categories:
D. Community service facilities.
F. Public and private rights-of-way.
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.