[HISTORY: Adopted by the Board of Trustees
of the Village of East Hampton 3-16-2004 by L.L. No. 4-2004; amended in its entirety 12-3-2015 by L.L. No. 22-2015. Subsequent amendments noted where applicable.]
A.
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.
B.
This chapter establishes standards for exterior lighting in order
to accomplish the following:
(1)
To provide safe lighting on roadways for motorists, cyclists and
pedestrians;
(2)
To protect against direct glare and excessive lighting on private
and public properties;
(3)
To ensure that sufficient lighting can be provided where needed to
promote safety and security;
(4)
To prevent light trespass in all areas of the Village;
(5)
To protect and reclaim the ability to view the night sky;
(6)
To allow the flexibility in the style of lighting fixtures;
(7)
To provide lighting guidelines;
(8)
To provide assistance to property owners; institutions; and county,
state, and utility facilities in bringing nonconforming lighting into
conformance with this chapter.
(9)
To use energy wisely and to conserve natural resources;
(10)
To preserve the desired rural character of the Village; and
(11)
To reduce excessive illumination which has been demonstrated
to have a detrimental effect on the local flora and fauna that depend
on the natural cycle of day and night.
A.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this chapter its most reasonable application.
B.
AREA LIGHT
AVERAGE HORIZONTAL FOOTCANDLE
CORRELATED COLOR TEMPERATURE (CCT)
ESSENTIAL LIGHTING
EXCESSIVE LIGHTING
EXTERIOR LIGHTING
FIXTURE (ALSO CALLED "LUMINAIRE")
FLOODLIGHT
FOOTCANDLE ("FC")
FULLY SHIELDED OR ZERO UPLIGHT
GLARE
HID LIGHTING
HOLIDAY LIGHTING
IESNA
IESNA RECOMMENDED PRACTICES
ILLUMINANCE
KELVIN
LAMP
LED
LIGHT
LIGHTING ASSEMBLY
LIGHT LEVEL
LIGHT POLLUTION
LIGHT SOURCE
LIGHT TRESPASS
LUMEN
LUMINAIRE
LUMINANCE
MAINTAINED ILLUMINANCE
MOUNTING HEIGHT
NONESSENTIAL LIGHTING
PARTIALLY SHIELDED
PHOTOMETRICS
SHIELD or SHIELDED
SKYGLOW
TEMPORARY LIGHTING
UL RATING
UNIFORMITY RATIO (U RATIO)
As used in this chapter, the following terms shall have the meanings
indicated:
A fixture designed for illumination of a broad area. Area
lights include, but are not limited to, streetlights, parking lot
lights and yard lights over 1,800 lumens.
The average level of illuminance for a given situation measured
at ground level with the light meter placed parallel to the ground.
It can be also determined by the "Key" on a lighting plan as provided
by a lighting manufacturer's application department.
The perceived color of the light emitted by a lamp, expressed
in Kelvin (K) units. Generally, the lower the Kelvin rating the "warmer"
the light; the higher the rating, the "cooler" or more blue the light.
Incandescent bulbs emit approximately 2,300 Kelvin.
Light that is used for a specified period of time, which
is necessary for location identification or public circulation purposes.
Illuminance levels beyond that which is required for safety,
as recommended in IESNA Recommended Practices, or higher than five
FC on any lit surface unless a higher level is indicated on the Table
of Limits of Illumination Levels.
Temporary or permanent lighting equipment that is installed,
located or used in such a manner with the intention to cause light
rays to shine outdoors.
The bulb and the assembly that holds the bulb (or lamp) in
a lighting system, including reflecting elements, shielding elements,
cover glass or lenses, the ballast, and the housing. For purposes
of determining total light output from a luminaire or light fixture,
lighting assemblies which include multiple unshielded or partially
shielded lamps on a single pole or standard shall be considered as
a single unit.
A lamp or fixture intended to light a large area, and which
can produce light above the fixture. Such lamps (bulbs) may incorporate
prismatic lenses that distribute the light in various directions.
The basic unit of illuminance (the amount of light falling
on a surface). Footcandle measurement is taken with a light meter.
One footcandle is approximately equal to the illuminance produced
by a light source of one candela in intensity, measured on a surface
at a one-foot distance from the source. Horizontal footcandles measure
the illumination striking a horizontal plane. Footcandle values can
be measured directly with certain handheld incident light meters.
A fixture designed, constructed and installed in such a manner
that all light emitted by it, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the fixture, is projected in a fixed direction below the horizontal.
It can be identified without a manufacturer's photometric report.
Also referred to as "zero uplight."
The sensation produced by a light source within the visual
field that is sufficiently brighter than the level to which the eyes
are adapted, which can cause annoyance, discomfort, or loss in visual
performance and visibility. The magnitude of glare depends on such
factors as the size, position, brightness of the source, and on the
brightness level to which the eyes are adapted.
A family of bulb types that are known as "high-intensity
discharge," including high-pressure sodium, mercury vapor, and metal
halide. These types may require a warmup time, usually require a ballast,
and have a higher lumen output per watt than incandescent (or halogen)
lamps.
Temporary strings of small individual lamps.
Illuminating Engineering Society of North America (IES or
IESNA), a private-membership organization that establishes updated
standards and illumination guidelines for the lighting industry.
The most current publications of the IESNA setting forth
illuminance levels for different task areas, e.g., walkways, streets,
sportslights, etc.
The density of light falling on any point of a surface, usually
measured in footcandles in the United States. See "footcandle."
The unit of measurement used to characterize the color of
light emitted by a lamp. See also "correlated color temperature."
The generic term for an artificial light source, to be distinguished
from the whole assembly (see "fixture"); commonly referred to as the
"light bulb."
Light emitting diodes are assembled into a lamp to emit light.
LEDs are energy efficient, directional, and have a long-life for maintenance
purposes. Unfiltered LEDs are high in the blue spectrum (6,000+ Kelvin)
and require colored filters to produce "white" light. Also referred
to as "solid state lighting."
The form of radiant energy acting on the retina of the eye
to make sight possible.
Any or all parts of a fixture that function to produce light,
including the bulb, assembly, ballast, mounting features and/or pole.
The illuminance on a surface, as measured by a light meter
or reported in photometric calculations. Light levels are indicated
in footcandle measurements on a lighting plan and may also be expressed
as uniformity ratios and as isofootcandle plots.
Any adverse effect of man-made light, including but not limited
to glare, light trespass, skyglow, visual clutter, wasted energy due
to excessive or unnecessary lighting, or any man-made light that unnecessarily
diminishes the ability to view the night sky or is disruptive to flora
and fauna.
The light bulb and all reflecting and refracting parts of
the fixture that transmit light.
Light projected onto the property of another or into the
public right-of-way when it is not required or permitted to do so.
For reference, full moonlight averages 0.01 footcandle.
A unit used to measure the actual amount of light that is
produced by a bulb. The lumen quantifies the amount of light energy
produced by a lamp at the lamp, not by the energy input, which is
indicated by the wattage. For example, a 75-watt incandescent lamp
can produce 1,000 lumens while a 70-watt high-pressure sodium lamp
produces 6,000 lumens. Lumen output is listed by the manufacturer
on the packaging or can be available from the manufacturer's
website.
A fixture.
The brightness of a source of light.
The light levels that are produced by a lamp and in a fixture
after a period of time, taking the normal losses due to lamp aging
and fixture dirt accumulation into account.
The distance from level ground to the lowest light-emitting
part of the fixture.
Lighting for an intended purpose when that intended purpose
is not taking place.
A fixture, which incorporates a partial shield around the
lamp, concealing the lamp from view only in certain directions.
Technical test reports that indicate light distribution and
performance from a fixture. Photometric reports may include candlepower
distribution data, cutoff classifications, isofootcandle charts, etc.
These are generally available from the fixture manufacturers as IES
files or isofootcandle plots.
An opaque device that is attached to a light fixture to prevent
light from being emitted in certain directions. Auxiliary "back" or
"house-side" shielding added to an already fully shielded fixture
can help limit trespass where a fixture is located near a property
line.
The overhead glow from light emitted sideways and upwards,
including light reflected upward from the ground or other surfaces.
Skyglow is caused by the reflection and scattering of various forms
of light by dust, water, and other particles suspended in the atmosphere.
Among other effects, skyglow reduces one's ability to view the
night sky. Different sources of light, in equal quantities, can contribute
differently to sky glow.
Lighting that is intended to be used for a limited time and
removed thereafter.
Refers to "Underwriters Laboratory," a commercial agency
that certifies the maximum safe wattage for fixtures and other electrical
devices. A UL label indicating the maximum safe wattage is affixed
or imprinted on all electrical fixtures which are offered for sale.
A ratio that describes uniformity of illuminance across an
area. The uniformity ratio may be a ratio of the maximum-to-minimum
illuminance or the average-to-minimum illuminance. For example, if
the Illuminating Engineering Society recommends an average-to-minimum
ratio of 4:1 for a parking lot, the minimum illuminance should be
no less than 1/4 of the average illuminance across the parking lot.
Uniformity ratios meeting professional recommendations will reduce
adaptation problems and promote better nighttime vision.
A.
All exterior light fixtures installed, replaced, or repaired after
the effective date of this chapter shall conform to the standards
established by this chapter.
B.
All existing residential, private commercial, institutional, and
utility owned or operated exterior lighting lawfully installed prior
to the effective date of this chapter shall not cause light trespass
and shall protect adjacent properties and beyond from glare and excessive
lighting.
C.
Existing lighting in conflict with this chapter shall be classified
as "nonconforming." All lighting existing or installed prior to the
date of the adoption of this chapter which does not conform with the
provisions of this chapter shall be exempt under the following conditions:
(1)
Lighting that violates the light trespass limits or creates a public
nuisance or hazard can be ordered removed or altered at any time.
(2)
On the effective date of this chapter, any lighting installation
which would comply by re-aiming of the fixture shall be brought in
compliance with the terms of this chapter without delay.
(3)
Upon adoption of this chapter, with any repair or replacement of
any nonconforming fixture, or relocation of such fixture, that fixture
shall be brought into compliance with the terms of this chapter at
the completion of the repair or replacement.
(4)
Upon installation of any new fixture, the provisions of this chapter
shall fully apply. For nonresidential lighting, an inventory of existing
lighting submitted to the Design Review Board by the applicant will
be required when the application for installing new fixture(s), is
made.
(5)
Residential lighting shall be required to conform to the light trespass
and glare provisions upon enactment of this chapter.
A.
General standards for nonresidential.
(2)
Canopy lights, such as service station lighting, shall be fully recessed
or fully shielded and located to prevent glare and light trespass.
(3)
Area lights. All area lights shall be fully shielded or zero uplight.
(4)
Electrical utility companies, including their agents, shall not install,
replace, re-lamp, nor repair any utility-pole-mounted fixtures after
the effective date of this chapter without first receiving prior approval
for such installation by the Design Review Board.
(a)
No fixture shall exceed 3,000K.
(b)
Every fixture shall be fully shielded, as designed and installed.
(c)
Every fixture shall be fitted with middle-of-the-night shutoffs
when the need for such lighting has been met.
(d)
Light levels shall meet the provisions herein and shall not
exceed five footcandles.
(5)
Automatic teller machine (ATM) and other bank lighting shall be fully
shielded and shall not cause glare or light trespass.
(6)
Wall packs and floodlights that are not fully shielded are not permitted.
B.
Type of fixtures for all exterior lighting. All exterior lighting
shall use fully shielded fixtures, as determined by a photometry test
or certified, by the manufacturer, with the light source directed
downward and with the lowest light-emitting part of the fixture level
with the horizontal plane, with the following exceptions:
(1)
Unshielded residential fixtures mounted within five feet of a doorway,
equal to the lumen output of one 60-watt incandescent light per fixture
(900 lumens), regardless of the number of lamps in such fixtures,
are allowed, provided the light trespass limitations and other provisions
are met. Residential fixtures do not require photometric testing if
UL rated no more than 60 watts aggregate.
(2)
Residential floodlights that are UL rated at no more than 60 watts
aggregate are permitted if angled downward and only if the fixture
does not cause glare or light trespass, and beam spread does not extend
beyond the intended target or across property lines. Photocells with
operable timers that allow a light to go on at dusk and off by 11:00
p.m., as well as motion-sensor-activated lights for pedestrian safety
and security concerns, are encouraged.
(3)
Holiday lighting installed and lit between November 15 and January
15 of the following year.
(4)
Residential sensor-activated fixtures, provided:
(a)
The fixtures are operational and located in such a manner, or
shielded, to prevent glare and light trespass;
(b)
The fixtures are set to only go on when activated and to go
off within five minutes after activation has ceased; and
(c)
The sensor shall not be triggered by activity off the property.
(d)
The fixture, regardless of the number of bulbs, is lamped no
greater than 900 lumens (equivalent to 60 watts incandescent).
(5)
Vehicular lights and all temporary emergency lighting needed by the
fire, ambulance, and police departments, or other emergency services
are exempt.
(6)
Lighting of radio, communication and navigation towers is allowed,
provided the owner or occupant demonstrates that the Federal Aviation
Administration (FAA) regulations can only be met through the use of
lighting that does not comply with this chapter, and that the provisions
of this chapter are otherwise met. Tower lighting shall not be permitted
unless required by the FAA; in which case, required lighting shall
be of the lowest allowed intensity, and red, unless specifically forbidden
under FAA requirements.
(7)
Neon lights, searchlights, pulse and laser lights are prohibited.
Blinking, tracing or flashing lights are prohibited.
(8)
Fixtures used for municipal playing fields may be exempt from the
shielding requirements when fully shielded fixtures or shielding devices
are not available for the intended purpose, and provided all other
provisions of this chapter are met and the light is used only while
the field is being used for permitted uses. There shall be no lighting
of private sporting courts or playing fields, surfaces or areas within
the Village.
(9)
In situations of lighted flags which are not illuminated with downward
lighting, upward lighting may be used in the form of a narrow cone
spotlight, which confines the illumination to the flag. Municipal
flags are exempt from this requirement.
(10)
Sign lighting equipment, provided that the light falls entirely on
the surface of the sign and no glare is visible from property lines
or from public streets. Top-mounted sign lights are encouraged.
A.
No fixtures shall be taller than 20 feet from the ground to their
tallest point. Parking area lights are encouraged to be greater in
number, lower in height and lower in light level, as opposed to fewer
in number, higher in height and higher in light level. (See Attachment
1.)
B.
Fixtures for municipal streetlights and playing fields shall be exempt
from the height restriction, provided all other provisions of this
chapter are met. Setbacks from the property line and back and side
shielding are encouraged in the design process, to avoid light trespass
and glare.
C.
All residential, private commercial, institutional, and utility existing
and/or new exterior lighting shall be located and at a mounting height
to prevent light trespass and shall protect adjacent properties from
glare and excessive lighting.
D.
Privately owned or leased light fixtures located on public utility
poles or located in the public right-of-way are prohibited.
A.
No fixture shall be located or concentrated so as to produce glare
or direct illumination across the boundary property line, nor shall
any such light be of such intensity as to create a nuisance or detract
from the use and enjoyment of adjacent property. The maximum illuminance
at or beyond the property line that adjoins a residential parcel or
public right-of-way may not exceed 0.05 FC horizontal on the ground
or 0.05 FC vertical measured at a five-foot height above the ground
unless another applicable law supersedes. Maximum horizontal or vertical
illuminance allowed between adjacent commercial properties is 0.1
FC.
B.
The average illuminance levels listed in the Illumination Levels
for Various Common Tasks, as provided in the IESNA Recommended Practices,
RP-33, Lighting for Exterior Environments, shall not be exceeded for
nonresidential lighting unless otherwise specified or approved by
the Design Review Board. The Village recognizes that not every situation
will require lighting, and excessive or unnecessary light shall be
avoided. Also, appropriate lighting levels are dependent upon the
general nature of the surroundings and the Design Review Board may
require more or less than those listed in the IESNA Recommended Practices
Guidelines. Illuminance level measurements for parking lots, sidewalks,
and other walkways shall include any light from nearby side-mounted
building lights, freestanding sidewalk lights affected by side-mounted
building lights, and streetlights. In no instance may any lighted
surface, as installed, except for nonprofessional sports fields, exceed
five footcandles, as measured horizontally or vertically by a light
meter.
C.
No light source shall be permitted that exceeds 3,000 Kelvin.
D.
Streetlights shall be fully shielded and shall not be lamped to exceed
3,000 Kelvin. At ground level, footcandle measurements shall not exceed
professional recommendations as set by IESNA Recommended Practices,
RP 8, for Roadway Lighting. [Exception to "fully shielded": replacements
of historic municipal streetlights; e.g., if the fixture is an historic
or decorative fixture which is part of a continuous lighting design
where the replacement of the fixture piecemeal with compliant fixtures
would unacceptably alter the aesthetic characteristics of the existing
lighting design.]
A.
Any change or alteration of nonresidential exterior lighting must
be approved by the Design Review Board and verified, post installation,
by the Code Enforcement Officer, to insure compliance with all the
provisions of this chapter. Where new installations have been designed
by an illuminating engineer/professional, he or she shall also conduct
a post-installation inspection to verify and certify that the installed
system operates as designed.
B.
All applications for design review or site plan review, special exception
permits, or building permits shall include lighting plans, fixture
and controls specifications and additional documentation, if any lighting
is to be used, regardless of whether the lighting is preexisting or
proposed, showing the following, if requested by the DRB, in order
to verify that lighting conforms to the provisions of this chapter:
(1)
Location of each current and proposed outdoor lighting fixture indicated
on a site plan.
(2)
Type of exterior lighting equipment, including cutoff characteristics,
indicating manufacturer and model number.
(3)
Lamp source type, lumen output, and wattage.
(4)
Mounting height indicated, with distance noted to nearest property
line, for each fixture.
(5)
Shielding and all mounting details, including pole foundation description.
(6)
Initial illuminance levels as expressed in footcandle measurements
on a grid of the site showing footcandle readings in every five-foot
grid. The grid shall include light contributions from all sources
(i.e., pole-mounted lights, wall-mounted lights, and signs, including
streetlights).
(7)
Statement of the proposed hours when each fixture will be operated.
(8)
Total exterior initial lamp lumens for proposed property.
(9)
Lighting manufacturer specifications (cut sheets) with photographs
of the fixtures, indicating the cutoff characteristics of the fixture.
(10)
Detailed photometric layout, in five-foot grids, indicating footcandle
measurements, with a "Key" on the lighting plan indicating the uniformity
ratios as provided by the lighting manufacturer's Applications
Department.
(11)
Types of timing devices used to control on/off.
(12)
If necessary, documentation by a lighting designer or engineer showing
that the provisions can only be met with a design that does not comply
with this chapter.
(13)
Exceptions may be made for additions or replacements to existing
exterior lighting installations, when the total lumens for the fixtures
does not exceed a total of 4,000 initial lumens. An application shall
be submitted to the Design Review Board for a permit, and shall include:
(a)
The manufacturer's cut sheet with a photograph of the fixture(s)
to assure compliance to meet the definition of "fully shielded."
(b)
Location of the fixture(s) on a diagram of the site or on a
site plan indicating the height of the fixture and the distance in
feet from level ground under the fixture(s) to the nearest property
line.
(c)
The initial lumen output of the fixture(s).
(d)
Bulb (light source) type(s).
(e)
The Kelvin rating of the light source(s).
(f)
Hours of operation and lighting (timing) control device.
(14)
Upon any such application, the Design Review Board may require
all preexisting lighting to be changed to conform to all the provisions
of this chapter.
C.
No exterior lighting shall be altered, enlarged, moved, improved,
or converted unless it conforms to a lighting plan approved by the
Design Review Board.
D.
The following guidelines will be made available to applicants to
facilitate compliance:
(1)
Diagrams of generally acceptable and generally unacceptable light
fixtures.
(2)
Diagrams of positioning of sign lights.
(3)
Various wattage/lumen conversions.
(4)
Latest version of Illumination Levels for Various Tasks, including
uniformity ratios (from IESNA Recommended Practices, Lighting for
Exterior Environments, RP 33).
(5)
Diagram for setbacks for freestanding fixtures.
(6)
Educational/support information for the public and the building trades.
A.
It shall be unlawful for any person, firm or corporation to install,
alter, repair, move, equip, use or maintain any lighting in violation
of any of the provisions of this chapter, or to fail in any manner
to comply with a notice, directive or order of the Code Enforcement
Officer.
B.
Any person who shall fail to comply with a written order of the Code
Enforcement Officer within the time fixed for compliance therewith
and any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or their agents or any person taking part
or assisting in the installation, alteration, repair, equipping, use
or maintenance of any lighting in violation of any of the applicable
provisions of this chapter or any lawful order, notice, directive,
permit or certificate of the Code Enforcement Officer made hereunder,
shall commit a violation of this chapter. Any person, firm or corporation
violating any of the provisions of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding the sum of $250 for any
offense, and each day that a violation continues shall be deemed to
constitute a separate offense.
