[HISTORY: Adopted by the Board of Trustees of the Village
of Roslyn Harbor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-24-2022 by L.L. No. 3-2022]
The Board of Trustees of the Village of Roslyn Harbor hereby
finds and determines that the installation of exterior lighting and
illumination, if not properly regulated, can create conditions which
are detrimental to the public health, comfort, convenience, safety,
peace, repose and general welfare of the inhabitants of the Village
of Roslyn Harbor. The regulations and restrictions contained in this
article are determined to be necessary for the protection of the Village
environment and for the safety, health and well-being of its inhabitants.
In order to balance the rights of homeowners with the rights of the
general public, the Board of Trustees shall permit some exterior lighting
previously approved during site plan review or for which a permit
has been issued to remain. Other exterior lighting as described herein
deemed offensive to other properties and to the general public shall
be prohibited and must be removed upon notice from the Village Building
Superintendent.
As used in this article, the following terms shall have the
indicated meanings:
One or more spotlights, floodlights, streetlamps, lights
on poles, and any other source of light not located within a building
or which casts light beyond the boundaries of the property on which
it is located. The term "exterior light source" or "lighting" includes
all such sources, whether in fixed locations, stationary, moving or
portable. The term "exterior light source" also includes such light
sources outside the Village which emit lights which fall on property
located within the Village in violation of the provisions of this
article.
A.
All exterior
light sources shall be placed so as not to constitute a nuisance or
interfere with the use or enjoyment of property of other landowners
or inhabitants adjacent to such premises.
B.
All exterior
light sources shall be shielded and directed away from adjacent properties
so as not to cast light onto any such adjacent property.
A.
No exterior
light sources shall be placed or oriented in manner which results
in said light source shedding light directly upon any public street
or upon property other than the property on which it is located. This
subsection shall not apply to any streetlight installed or maintained
by any public entity or otherwise authorized by the Village Board
of Trustees.
B.
No exterior
light source shall be placed in a location or in an orientation which
causes interference with the vision of motorists or otherwise adversely
affects driving conditions on any street or public or private right-of-way.
All exterior lighting shall be installed, arranged, placed,
oriented, used and operated with the required lumen output, reflector,
and screening to ensure that:
A.
The light
emitted will not be directed at or towards an adjoining property or
residence on an adjoining property.
B.
Any light
source will be oriented, hooded and shielded to the degree necessary
and equipped with the minimum wattage so that the glare from the light
source will not cause light trespass as defined in this article. For
the purposes of this article, light trespass shall be limited to 0.05
footcandle at any point on another property measured in both the horizontal
and vertical planes.
C.
The maximum
height of any freestanding light or light fixture may not exceed 15
feet. The maximum height of a light fixture on a building shall not
exceed 20 feet.
D.
No single
item or cluster of exterior lighting shall exceed 3,000 lumens' output.
E.
No flashing,
laser or neon lights shall be permitted. Holiday lighting, comprised
of string lighting and other low-level illuminated articles, shall
be permitted only during the traditional fall/winter holiday period.
F.
Lighting
within a public right-of-way or easement for the principal purpose
of illuminating roads and highways shall be exempt from the restrictions
of this article.
A.
Exterior
lighting used to illuminate a residential driveway, walkway or path
shall only be permitted when absolutely necessary to provide safe
access to, from or within a property. Each luminaire for this purpose
shall be mounted only along the margins of the driveway, path or walkway,
mounted no higher than 18 inches from the grade at its base, located
no farther than 24 inches from each margin and spaced at intervals
of not less than 20 feet. The total lamp rating for each such luminaire
shall be limited to 500 lumens.
B.
No more
than two decorative luminaires mounted on columns, stanchions, or
other structures at the street entrance of driveways or walkways are
permitted, provided each luminaire shall be rated 900 lumens or less
and conforming to all aspects of this article.
A.
The provisions
of this article may be enforced by the Code Enforcement Officer or
by any law enforcement officer at the direction of the Building Superintendent.
Where such determination is made that nonconforming exterior lighting
exists, such officer shall give written notice of such nonconformity
to the owner and/or occupant of the property. Such notice shall establish
a period of time, not more than 20 days, which in the opinion of the
enforcing officer is sufficient to remove the nonconforming lighting
and to protect the public safety. If such nonconforming lighting is
not brought into conformity with this article within the notice provided,
the Code Enforcement Officer shall issue a violation. Each day after
such twenty-day period during which such violation continues shall
constitute a separate offense, and no further notice as to the same
shall be required.
No person, firm or corporation, their agents, or employees shall install, operate, use or maintain on any residential property in the Village any exterior lighting which is not in compliance with this article. Notwithstanding, existing lighting at a residence which exceeds the output limited by §§ 145-5D and 145-6A or B and which legally exists as of the effective date of this legislation may remain.
Subject to § 145-8, any exterior lighting existing on the effective date of this article which is not in compliance with this article shall be removed, relocated or altered so as to be brought into compliance with the provisions hereof.
An appeal to consider whether the exterior lighting of a resident
or occupant is in conformity with this article after having been cited
for nonconformity may be made to the Planning Board.
The Board of Trustees may commence actions to enjoin violations
of this article. Each violation of this article shall be punishable
by a fine according the Code of the Village of Roslyn Harbor.
