[HISTORY: Adopted by the Board of Trustees
of the Village of East Aurora 1-28-2008 by L.L. No. 1-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 165, Outdoor Lighting, adopted 6-13-1988 by L.L. No. 4-1988
(Ch. 69, Sec. 69-10, of the 1972 Code), as amended.
Except as provided in Chapter 209, Signs, of
this Code, the following shall apply in any of the following zoning
districts; to wit: R, R-G-N, R-G, R-C, C, C-M, M-I and M-P Zoning
Districts.
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 roadways for motorists, cyclists and
pedestrians.
(2)
To reduce overall energy consumption and eliminate
unneeded and excessive lighting.
(3)
To ensure that sufficient lighting can be provided
where needed to promote safety and security.
(4)
To prevent light trespass and light pollution in all
areas of the Village.
(5)
To protect and reclaim the ability to view the night
sky by reducing sky glow.
(6)
To regulate the type of light fixtures, lamps and
additional lighting hardware.
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.
A luminaire 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.
Any roof or overhang open on the sides and supported by columns,
posts or other supports and used primarily for the protection of persons,
vehicles, electronic or mechanical equipment from direct exposure
to rain, snow or other weather-related conditions.
Light that is used for a specified period of time, which
is necessary for location identification or public circulation purposes.
Brightness levels beyond that which are required for safety,
location or identification and illuminate areas beyond those intended.
Temporary or permanent lighting equipment that is installed,
located or used in such a manner as 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.
A lamp or luminaire intended to light a large area and which
can produce light above the luminaire.
A classification for a luminaire designed and installed where
no light is emitted at or above a horizontal plane running through
the lowest point on the luminaire. In addition, the luminous intensity
(as measured in candelas) emitted at any angle from 80° up to
90° cannot exceed a numerical value equal to 10% of the lumen
rating of the lamp, as reported in a photometric report from the manufacturer.
A cutoff or semi-cutoff design allows a restricted amount of light
emitted above the horizontal, and a noncutoff provides no restriction
against light emitted above the horizontal.
A luminaire 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 luminaire, is projected below the horizontal. It is the same as
a full cutoff luminaire but without any restrictions on light distribution
below the horizontal plane.
The sensation produced by a bright 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.
Light produced from an electrical current flowing through
sodium gas within a tube. The light produced is an orange-gold color.
The density of light falling on any point of a surface, usually
measured in footcandles in the United States.
An organization that establishes updated standards and illumination
guidelines for the lighting industry.
The most current publications of the IESNA setting forth
luminance levels for different task areas, e.g., walkways, streets,
sports lights, etc.
The generic term for an artificial light source, to be distinguished
from the whole assembly (see "fixture"); commonly referred to as the
"light bulb."
Lighting aimed into landscaping that accentuates a garden
design concept, pathway or walkway.
The filament; the source of visual radiant energy; the form
of radiant energy acting on the retina of the eye to make sight possible.
Any or all parts of a luminaire that function to produce
light, including the bulb, assembly, ballast, mounting features and/or
pole.
Any adverse effect of man-made light, including but not limited
to glare, light trespass, sky glow, 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.
Light projected onto the property of another or into the
public right-of-way when it is not required, wanted or permitted to
do so.
Light produced from an electrical current flowing through
sodium gas within a tube. The light produced is an orange-gold color;
more light-efficient than high-pressure sodium.
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 seventy-five-watt incandescent
lamp can produce 1,000 lumens, while a seventy-watt high-pressure
sodium lamp produces 6,000 lumens. Lumen output is listed by the manufacturer
on the packaging.
The complete lighting assembly (including the lamp, housing,
ballasts, photocells, reflectors, lenses and shields), less the support
assembly (pole or mounting bracket); a light fixture. 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.
The brightness of a source of light.
The light levels that are produced by a lamp and luminaire
after a period of time, taking the normal losses due to lamp aging
and fixture dirt accumulation into account. This can be measured at
any point in time, but is often defined at 40% of lamp life.
The distance from level ground to the lowest light-emitting
part of the luminaire.
Lamps that are quartz tubes filled with mercury gas under
pressure. Light is produced when an electrical current passes through
the mercury vapor.
Lamps that produce light when an electrical current flows
through a gas within a lamp envelope; most efficient of the “white
light” sources; twice as efficient as mercury lamps.
The horizontal acreage of a lot devoted to commercial, residential
or public uses consisting of any 43,560 contiguous square feet or
any total of portions thereof within the same parcel if partitioned
or dissected by existing other property or roads.
Lighting for an intended purpose when that intended purpose
is not taking place.
A luminaire 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 luminaire. Photometric reports may include candlepower
distribution data, cutoff classifications, isofootcandle charts, etc.
These are generally available from the luminaire manufacturers.
The overhead glow from light emitted sideways and upwards,
including light reflected upward from the ground or other surfaces.
Lighting that is intended to be used for a special event
for a specified period.
Lighting that is directed in such a manner as to shine light
above the horizontal plane.
Multiple representations of objects in our visual field which
compete with each other for our brain's limited visual processing
capacity, mutually canceling each other out and suppressing the brain's
responsiveness.
A.
All outdoor lighting installed in the Village shall
be in conformance with the requirements established by this chapter.
B.
The maximum allowable total initial lumens generated
on each parcel of land are 60,000 lumens per net acre with full-cutoff
lighting. Parcels less than one net acre are allowed full-cutoff lumens
in a portion equal to the parcel's portion of a net acre.
C.
Lighting shall be shielded to eliminate light pollution
and light trespass.
D.
No light shall be emitted above the light source horizontally.
Lights shall be recessed so that the lens cover or light source is
recessed or flush with the bottom surface of the fixture and shielded
by the fixture so that light is restrained to 80° or less from
vertical.
E.
Exterior lighting shall include timers, dimmers, sensors, photocell controllers or other light-control devices that turn the lights off during daylight hours and nighttime hours as defined in § 165-9A, when lighting is not needed, to reduce overall energy consumption and eliminate unneeded lighting. In multistructure developments or structures with more than one occupant, lighting control devices shall maintain only those lights on the individual structures related to the individual occupant. Lighting control devices for parking lot lighting shall be separate from the structures' lighting control and shall be designed to control lighting in specific areas as needed for safety to individual occupants.
F.
Replaceable light assemblies and fixtures shall be
replaced as needed to maintain their approved original or required
lighting level and/or color.
G.
Lighting fixtures shall not produce glare for drivers,
pedestrians, or local property owners and shall be aimed or shielded
as required by this chapter.
Streetlights shall be full cutoff high-pressure
sodium, low-pressure sodium, metal halide, or fluorescent, unless
otherwise determined that another type is more efficient which meets
the requirements of this chapter. Streetlights along residential streets
shall not exceed seventy-watt high-pressure sodium (hps) light with
a lumen output of 6,400. Streetlights along nonresidential streets
or at intersections shall not exceed 100 watts hps each, with a lumen
output of 9,500, except the lights at major intersections on state
highways shall not exceed 150 watts hps, with a lumen output of 16,000.
If a light type other than high-pressure sodium is permitted, then
the equivalent output in lumens shall be the limit for that light
type.
Temporary outdoor lighting for special events
may be permitted in conjunction with an application for a special
use permit. The applicant must present to the Village Board the following
consideration:
No person shall maintain or install any of the
following types of outdoor lighting fixtures:
A.
Unshielded mercury vapor lamps. On new installations,
mercury vapor lighting is not recommended.
B.
Neon and laser light. Blinking, flashing, moving,
revolving, flickering, changing intensity or color, and chase lighting,
except lighting for temporary seasonal displays, lighting for public
safety or required for air traffic safety.
C.
Any light fixture that may be confused with or construed
as a traffic control device.
D.
Any upward-oriented lighting above 80° from the vertical, except as otherwise provided for in § 165-10E.
E.
Searchlights, beacons, and laser-source light fixtures.
A.
All exterior luminaires installed, replaced, or repaired
after the effective date of this chapter, considered new lighting,
shall conform to the standards established by this chapter.
B.
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 the chapter shall be exempt under the following
conditions:
C.
Upon adoption of the chapter, in the event of the
replacement of any nonconforming luminaire, or relocation of such
luminaire, that luminaire shall be brought into compliance with the
provisions of this chapter.
The following standards apply to commercial
outdoor lighting:
A.
Commercial outdoor lighting shall not be illuminated
during daylight hours and between 1/2 hour after sunset and 1/2 hour
before sunrise, with the following exceptions:
(1)
In the case of a business open to customers, or where
employees are working or where an institution or place of public assembly
is conducting an activity, it is recommended that normal illumination
necessary for conducting that activity shall be allowed for no more
than one hour after the activity ceases. It is also recommended that
all nonessential commercial exterior lighting shall be turned off
within one hour after the close of business and/or when not in use.
Lights controlled by photocells and timers are required, as is the
use of sensor-activated lights necessary for safety purposes.
(2)
Low-level lighting sufficient for direct building
security may be operated between 1/2 hour after sunset and 1/2 hour
before sunrise, provided the illumination is mounted on the building
wall, shielded to prevent light trespass and light pollution, and
the light output is no greater than 1,800 lumens.
(3)
Lighting may be used during daylight hours if required
for safety due to low-level daylight caused by weather conditions
such as heavy rain or snow.
B.
All area lights shall be full cutoff luminaires.
C.
Automatic teller machine (ATM) and other bank lighting
shall be full cutoff and shall not cause glare or light trespass.
D.
Unshielded wall packs and unshielded floodlights are
not permitted.
All exterior lighting shall use full cutoff
luminaires, as determined by a photometry test or certified by the
manufacturer, with the light source directed downward and with the
fixture level with the horizontal plane, with the following exceptions:
B.
Area lighting of greater than 1,800 lumens is permitted
if angled downward such that the light is not directed above a forty-five-degree
angle measured from the vertical line from the center of the light
to the ground, and only if the luminaire does not cause glare, light
trespass or light pollution and beam spread is not beyond the intended
target or across property lines. Photocells and/or operable timers
that cause the luminaire to go on at dusk and off by 11:00 p.m., or
one hour after the close of business in commercial applications, as
well as motion-sensor-activated lights are required.
C.
Sensor-activated luminaires:
(1)
The luminaire is operated and located in such a manner,
or shielded, to prevent glare, light trespass and light pollution.
(2)
The luminaire is set to only go on when activated
and to go off within five minutes after activation has ceased.
(3)
The sensor shall not be triggered by activity off
the property, including passing vehicles on public highways, and/or
pedestrians using public sidewalks.
D.
Vehicular lights and all temporary emergency lighting
needed by fire, ambulance, and police departments, or other emergency
services, are exempt.
E.
In situations of lighted vertical objects 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 object and meets light trespass and light pollution requirements.
F.
Lighting of radio, communications and navigation towers,
provided the owner demonstrates that the Federal Aviation Administration
(FAA) regulations can only be met through the use of lighting that
does not comply with this chapter.
G.
New or replacement "historic" municipal streetlights;
e.g., if the luminaire is an historic or decorative luminaire which
is part of a continuous lighting design on a primary street where
the piecemeal replacement of the luminaire with compliant luminaires
would unacceptably degrade the aesthetic characteristics of the existing
lighting design. Compliant spacing is recommended. Top-shielded lighting
is required.
A.
No luminaires shall be taller than 20 feet from the
ground to their tallest point.
B.
Poles shall be located outside of vehicle circulation
areas and off-street parking spaces. In no case shall a pole encroach
more than one foot in any required parking space. Poles shall not
interfere with any vehicle door opening or movement.
C.
Luminaires for municipal streetlights and playing
fields shall be exempt from the height restriction, provided all other
provisions of this chapter are met.
D.
No commercial, institutional, government and utility
lighting, existing and/or new, shall cause light trespass and light
pollution.
E.
Freestanding luminaires on private property used for
commercial purposes and adjacent to residential property shall be
mounted at a height equal to or less than the sum of H = (D/3) + 3,
where D is the distance in feet to the nearest property boundary,
but shall not be higher than 20 feet from ground level to the top
of the luminaire, whichever is less. Example:
|
Pole Height
(feet)
|
Distance to Property Line
(feet)
|
Calculation
| |
|---|---|---|---|
|
20
|
51
|
51/3 = 17 + 3 = 20
| |
|
12
|
27
|
27/3 = 9 + 3 = 12
| |
|
9
|
18
|
18/3 = 6 + 3 = 9
|
Privately owned or leased light fixtures located
on public utility poles or located in the public right-of-way are
prohibited.
A.
Canopy lights, such as service station lighting or
parking lot lighting, shall be fully recessed or fully shielded to
prevent glare and light trespass. All light emitted by an undercanopy
fixture(s) shall be substantially confined to the ground surface directly
beneath the perimeter of the canopy. Indirect canopy lighting may
be used where light is beamed upward and reflected down from the underside
of the canopy. When this method is used, light fixtures must be shielded
so that direct illumination is focused exclusively on the underside
of the canopy and is not visible from the ground.
B.
Lights installed into canopies or into roof overhangs
have a reduced impact on uplighting compared to lights mounted on
poles since the canopy or overhang prevents some of the light reflecting
off the ground from reaching the sky. Because of this effect, such
lighting counts less toward the lumen-per-acre limits except as noted
below.
(1)
All luminaires mounted on the under surface of the
canopy or overhang shall be recessed and fully shielded and utilize
flat glass or flat plastic (acrylic or polycarbonate) lenses or covers.
(2)
Lamps zero to five feet from the edge of the canopy
or overhang count fully toward the total lumens per net acre.
(3)
Lamps five feet to 10 feet from the edge of the canopy
or overhang count 1/3 toward the total lumens per net acre.
(4)
Lamps 10 feet or greater from the edge of the canopy
or overhang count 1/5 toward the total lumens per net acre.
C.
This section applies only to luminaires installed
into the bottom horizontal surface of the canopy or overhang and does
not apply to luminaires installed under the canopy or overhang and
mounted to a column, support, wall or other surface.
A.
Illuminated signs must also meet all the requirements
of Chapter 209, Signs.
B.
Sign lighting shall be shielded to prevent glare onto
adjacent public rights-of-way and adjacent private properties. Sign
lighting shall be directed so that the light does not stray above
the light source horizontally. Light shall be steady and even over
the entire sign.
C.
All lighting fixtures and elements shall be maintained
in good working condition.
D.
Sign lighting for commercial purposes which is permanently
attached to the building shall be a steady, non-flashing light not
to exceed 20 watts per square foot of sign area for incandescent lighting,
or 10 watts per square foot of sign area for neon, cold-cathode or
fluorescent lighting (not including transformer). [See Chapter 209,
§ 209-7C(3).]
A.
Strings of lights may only be used if they are intended
to create pleasing pedestrian spaces, such as an outdoor dining or
patio areas, utilizing low lighting levels.
B.
Strings of lights permitted under this section shall
be displayed in compliance with the following standards:
(1)
The string of lights shall contain only low-wattage
bulbs that are not greater than 50 lumens per bulb (equivalent to
a seven-watt C7 incandescent bulb). Lower wattage is desirable.
(2)
Blinking or chasing lights are not permitted.
(3)
The string of lights shall be located within a plaza,
patio, outdoor dining area, or the primary entry into a building,
but not over a public pedestrian area(s).
(4)
The string of lights shall not be placed in any required
landscape setback adjacent to a street.
(5)
The string of lights shall be displayed on a building,
wall, fence, trees, and shrubs.
(6)
The string of lights shall not suspend across any
public walkway horizontally between any buildings, walls, fences,
trees, or shrubs. (For the purposes of this subsection, "horizontally"
means any portion of the suspended string which dips fewer than 45°
below the horizontal.)
(7)
If used in living landscape features (trees and bushes),
the lights shall be attached with bands or clips which do not puncture
or cause damage to the plant.
A.
When outside lighting is proposed as part of an application
for a building permit, variance, or sign permit, in conjunction with
a development plan, a lighting plan shall accompany the development
plan, which shall show:
(1)
A written description, with accompanying plan, which
demonstrates the objectives of the lighting.
(2)
The location, height and type of outdoor luminaires
on the development drawings.
(3)
A photometric grid in the form of a property layout
showing lumen readings within the property or site and illustrating
compliance with the shielding, light trespass and other requirements
of this section.
(4)
The luminaire manufacturer’s specification data,
including photographs of the fixtures, lumen output and photometric
data showing cutoff angles.
(5)
A total lumen output showing compliance with the total
lumens per net acre.
(6)
Photometric data color rendering index (CRI) of all
lamps (bulbs).
(7)
Landscaping information that indicates initial and
mature tree size, shrubbery and other vegetation in order to evaluate
the long-term and seasonal effectiveness of lighting or screening
of lighting.
(8)
That light trespass will not occur on adjacent property
or public streets. This will be demonstrated by the manufacturer's
data, cross-section drawings, or other means to confirm compliance
with this section, or as requested by the Village Board and/or Planning
Commission.
(9)
Control descriptions, including type of controls (timer,
motion sensor, time clock, etc.), the light fixtures to be controlled
by each type, and control schedule.
B.
No exterior lighting shall be altered, enlarged, moved,
improved, or converted unless it conforms to a lighting plan approved
by the Village Board.
C.
Prior to a building permit final inspection or the
issuance of a certificate of occupancy, the applicant shall conduct
a post-installation inspection to verify and certify that the installed
system operates as designed and shall provide certification, at the
applicant's expense, that the outdoor lighting as installed complies
with the approved illumination plan and the requirements of this section.
The certification shall be submitted in a format prescribed by Code
Enforcement. The certification shall be completed by the architect,
electrical engineer, electrical contractor, or lighting consultant
responsible for the plans or the final installation. Light level readings
may be taken if there appears to be excessive or uneven lighting or
if a complaint has been made. Any change or alteration of nonresidential
exterior lighting must be approved by the Village Board and verified,
post-installation, by the Code Enforcement Officer, to ensure compliance
with all the provisions of this chapter.
Residential outdoor lighting shall also comply
with the following:
A.
Lighting shall be shielded or aimed to eliminate unnecessary
illumination and to ensure that there shall be no glare, light pollution
and light trespass onto adjacent property, and no such light shall
be of such intensity as to create a nuisance or detract from the use
and enjoyment of adjacent property.
B.
No light shall be emitted above the light source horizontally.
Lights shall be recessed or shielded so that the light source is not
visible and the light beam is restrained to 80° or less from vertical.
C.
Lighting shall meet the height requirements of this
chapter.
A.
The Zoning Board of Appeals, subject to such conditions
as it may deem necessary in the public interest and after public notice
and hearing, may vary or modify the application of this chapter when
circumstances peculiar to a particular property differentiate it substantially
from adjoining properties so as to permit variations in the strict
application of this chapter, provided any outdoor light or lights
so permitted shall not exceed in the aggregate the requirements permitted
herein.
B.
The foregoing variance powers shall not be deemed to limit the general variance powers of the Zoning Board of Appeals allowed or provided for in the Village Law of the State of New York and Chapter 285, Zoning, of the Village of East Aurora and shall be deemed in addition thereto.
C.
In certain instances, the amount of lighting allowed
under the lumen-per-acre cap may not be sufficient for an application
of outdoor lighting that meets minimum illumination levels recommended
by the Illuminating Engineering Society. In such cases, lighting sufficient
to meet IES recommendations may be allowed, provided that properly
conducted testing, reviewed by a lighting engineer approved by the
Village Board, indicates such IES recommendations are not exceeded,
with the fees to be reimbursed to the Village by the applicant. All
other lighting conditions shall meet the requirements of this chapter.
A.
It shall be unlawful for any person, corporation or
agency 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. Violations
of any of the provisions of this chapter shall be punishable by a
fine of not more than $250 or by imprisonment for not more than 15
days, or both. Each day’s continuance of a violation after notice
shall be deemed a separate and distinct violation and shall be punishable
accordingly.
C.
Any prohibited light, lights, lighting or illumination
or a combination thereof, now in existence in connection with a permitted
use, or granted a variance, or a valid, nonconforming use, which shall
be in violation of this chapter, shall be altered, removed or replaced
in conformity with this chapter. Such conformity shall be required
within 120 days after notice that a nonconformity exists with regard
to the provisions of this chapter.
