[Added 11-18-2004 by L.L. No. 16-2004]
[1]
Editor's Note: Former Art. XVII, Conditional
Rezoning Affecting Certain Premises, added 9-19-1996 by L.L. No. 4-1996,
was repealed 7-12-2007 by L.L. No. 4-2007. This local law also redesignated
former Art. XVIII as Art. VII.
This article regulates and restricts the location,
construction and use of artificial lighting in both commercial and
residential zoning districts in order to promote and protect the public
health, safety, and welfare by regulating outdoor lighting of all
types. It is intended to protect property values, create a more attractive
residential and economic and business climate, enhance and protect
the physical appearance of the community, preserve the scenic and
natural beauty of the Town, and provide a more enjoyable and pleasing
community.
[Amended 8-20-2015 by L.L. No. 7-2015]
A.
Light trespass. Any outdoor lighting in any zoning district (residential
or commercial) shall be arranged in such a way that no direct glare
is cast toward any highway or adjacent property, and luminary devices
shall be hooded and/or arranged so that the source of the illumination
is not visible from such public rights-of-way or other properties.
(1)
All new light fixtures, except street lighting, shall be designed,
installed and maintained to prevent light trespass, as specified below.
(a)
At the lot lines of the subject property, illumination from
the light fixtures shall not exceed 0.1 footcandle on residentially
zoned property or 0.5 footcandle on nonresidentially zoned property,
measured in a vertical plane.
(b)
Outdoor light fixtures shall be directed so that there will
be no direct beams of light or emissions onto adjacent property. Light
fixtures near adjacent property may require additional shielding devices
to prevent light trespass.
(c)
This section does not apply to temporary decorative lighting
that is installed for a period of one month or less per year.
(d)
Where exterior lights abut sensitive natural areas such as wetlands
and wooded areas, shielding shall be installed to prevent light spillover
from reaching these sensitive natural areas.
(e)
Other upward-directed architectural, landscape and decorative
lighting shall not be visible above the building roofline, tree, or
other structure which is being illuminated.
B.
Site lighting shall be reduced to a minimum level to maintain site
security at the close of business and shall be controlled by motion
detectors to minimize light pollution.
C.
Use of energy efficient and cost-saving bulbs, such as compact fluorescent
(CFL) and light-emitting diode (LED), shall be encouraged.
D.
Lighting plan.
(1)
An outdoor lighting plan, including all exterior building-mounted
lights, all pole-mounted lights, all sign lights, and all ground-mounted
lights, shall be submitted to the Planning Board as part of site plan
review pursuant to § 138-41E(2)(c)[2][d]. Any modification
to an approved lighting plan, whether or not other modifications to
the approved site plan are being considered, requires review and approval
by the Planning Board.
(2)
The lighting plan shall include, at a minimum:
(a)
Safety or functional justification for all proposed outdoor
lighting fixtures, whether on buildings, poles, or any other structure.
(b)
How the proposed fixtures will minimize off-site light spillage.
(c)
Hours of operation of individual lighting fixtures or systems.
(d)
Analysis of light spillage view sheds from all surrounding developed
and undeveloped property.
(e)
Specifications of all proposed fixtures, including light intensity
ratings and coverage ratings.
(f)
Illuminance values for all developed portions of the site in
footcandles (Fc), including the following calculated values: average,
maximum, minimum, average:minimum ratio, maximum:minimum ratio. Average
illuminance values shall only be calculated for developed portions
of the property. Any portion of the property to remain undeveloped
shall not be illuminated.
(g)
An estimate of annual energy savings in kilowatt-hours (kwh)
and dollars resulting from the use of timing systems and lower-intensity
fixtures.
(3)
Lighting plans shall be prepared in accordance with the guidelines
established in the most recent edition of the Illuminating Engineering
Society of North America (IESNA) Lighting Handbook.
(4)
The lighting plan shall account for all off-site lighting (e.g.,
adjacent properties, streetlighting) that may increase minimum, maximum,
or average values.
(5)
The lighting plan shall be prepared in coordination with the site
plan and landscaping plan to take into account any structures or landscaping
that may affect light distribution across the site.
(6)
Any lighting plan for banks or automatic teller machines must conform
to the New York State ATM Safety Act as administered by the New York
State Department of Financial Services.
F.
In all districts, flashing, intermittent, moving or chaser lights
or lighting of varying intensity shall be prohibited.
G.
Recreational sports facility lighting shall comply with Illuminating
Engineering Society of North America (IESNA) recommendations and shall
be shielded whenever possible (see "Special Regulations" Section 8).
H.
Except as otherwise required by New York State or federal law for
specific uses such as ATMs or gasoline stations, lighting in all commercial
zoning districts shall be required to comply with the following:
(1)
Unshielded wall packs and floodlights are prohibited.
(2)
All other outdoor lighting shall use shielded lighting fixtures.
(3)
All floodlight types of fixtures shall be permanently affixed in
the approved position.
(4)
Illuminance requirements. Outdoor lighting where required or permitted
by this chapter, shall have intensities and uniformity ratios in accordance
with the illumination levels listed in the following table:
|
Horizontal Footcandles On Site
| ||||
|---|---|---|---|---|
|
Max
|
Ave
|
Min
|
U. Ratio
| |
|
5.0
|
3.6
|
0.0
|
4:1
| |
A.
All approved and/or constructed commercial projects within the Town shall submit a lighting plan to the Planning Board in compliance with § 138-98C within six months of the adoption of this article.
B.
The Planning Board may require modification of existing
site lighting on any preexisting nonconforming site to meet the requirements
of this article.
