Village of Old Brookville, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Code administration and enforcement — See Ch. 104.
Zoning — See Ch. 300.
Attachment 1 - Comparison of Efficiency of Various Light Sources Attachment 2 - Fully-Shielded Luminaries, for illustration only

§ 178-1 Legislative findings; purpose.

A. 
Good outdoor lighting at night benefits everyone. It increases safety, enhances the Village's nighttime character, and helps provide security. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. There is a need for a lighting ordinance that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation so as to help maintain and complement the Village's character. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the Village.
B. 
This chapter is intended to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the Village of Old Brookville. All business, residential, and community driveway, sidewalk, and property luminaires should be installed with the idea of being a "good neighbor," with attempts to keep unnecessary direct light from shining onto abutting properties or streets.

§ 178-2 Definitions.

For the purposes of this chapter, terms used shall be defined as follows:
DIRECT LIGHT
Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.
FIXTURE
The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
FLOOD OR SPOT LIGHT
Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
FULLY SHIELDED LUMINAIRE
Outdoor light fixtures shielded or constructed so that all light rays are emitted below 60° from the horizontal plane as certified by a photometric test report.
GLARE
Unwanted light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness.
HEIGHT OF LUMINAIRE
The height of a luminaire shall be the vertical distance from the lowest point of the ground directly below and within 10 feet of the center line of the luminaire to the highest direct-light-emitting part of the luminaire.
INDIRECT LIGHT
Direct light that has been reflected or has scattered off of other surfaces.
LAMP
The component of a luminaire that produces the actual light.
LIGHT TRESPASS
The shining of light produced by a luminaire above a specified limit and/or beyond the boundaries of the property on which it is located.
LUMEN
A unit of luminous flux, or light energy output. One footcandle is one lumen per square foot. For the purposes of this chapter, the lumen output values shall be the initial lumen output ratings of a lamp.
LUMINAIRE
This is a complete lighting system, and includes a lamp or lamps and a fixture.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
TEMPORARY OUTDOOR LIGHTING
The specific illumination of an outside area of object by any man-made device located outdoors that produces light by any means for a period of less than seven days, with at least 180 days passing before being used again.

§ 178-3 Restrictions on installation and operation.

No person, firm or corporation, their agents, servants 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 chapter.

§ 178-4 Standard of operation.

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. Any luminaire with a lamp or lamps rated at a total of 1,200 or more lumens shall be a fully shielded luminaire.
B. 
Any luminaire with a lamp or lamps rated more than 1,200 lumens shall be a fully shielded luminaire and may not be aimed, directed, or focused such as to cause light from the luminaire to be directed toward residential buildings on adjacent or nearby land or foliage, or to create glare perceptible to persons operating motor vehicles on public ways. Examples of fully shielded luminaires are shown for illustration purposes only in the diagram included as an attachment to this chapter.
C. 
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 chapter. For the purposes of this chapter, light trespass shall be limited to 0.05 footcandle at any point on another property measured in both the horizontal and vertical planes.
D. 
Any luminaire with a lamp or lamps shall be mounted no higher than three feet + (D/3) feet, where D is the distance in feet to the nearest property boundary. The maximum height of any luminaire may not exceed 15 feet.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Lighting controlled by motion detectors shall turn off within 10 minutes after activation.
F. 
No single item or cluster of exterior lighting exceeding 3,000 lumens shall be located within 20 feet of another item or cluster of exterior lighting.
G. 
No single item or cluster of exterior lighting shall exceed 3,000 lumens output.
H. 
The total exterior lighting installation for a property, other than underwater swimming pool lighting shall be limited to 10,000 lumens plus, pro rata, 10,000 lumens per acre up to three acres, plus 5,000 lumens/acre above three acres. No more than 25% of the allowable exterior lighting limits may be in the form of allowable non-hooded luminaires.
I. 
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.
J. 
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 chapter.
K. 
Exterior lighting used to illuminate a tennis court or other recreational court is prohibited.

§ 178-5 Illumination of residential driveways, walkways, or paths.

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 no less than 20 feet. The total lamp rating for each such luminaire shall be limited to 500 lumens.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 chapter with the exception of § 178-4C.

§ 178-6 Temporary outdoor lighting.

A. 
Any temporary outdoor lighting that conforms to the requirements of this chapter shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Board of Trustees after considering:
(1) 
The public and/or private benefits that will result from the temporary lighting;
(2) 
Any annoyance or safety problems that may result from the use of the temporary lighting; and
(3) 
The duration of the temporary nonconforming lighting.
B. 
The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Board of Trustees, who shall consider the request at a duly called meeting of the Board of Trustees. The Board shall render its decision on the temporary lighting request within 31 days of the date of the meeting. A failure by the Board to act on a request within the time allowed shall constitute a denial of the request.

§ 178-7 Outdoor lighting of commercial properties.

A. 
Any commercial lighting that conforms to this chapter shall qualify to be considered a permitted use. All sections of this chapter apply to commercial zones with the exception of, and including the specific regulations of this section.
B. 
All applications for commercial exterior lighting shall include an illumination map showing the designed illumination levels at intervals of 10 feet or less for all points greater than 0.05 footcandle.
C. 
The following limits of illumination apply to all commercial lighting, measured in footcandles in a horizontal or any vertical plane nearest the area so constrained:
Task Area
Average
(not to exceed)
Maximum
(at any point)
Active building entrance approach
2.0 fc
5 fc
Gas station approach
2 fc
Gas station pump area
5 fc
10 fc
Sidewalks
0.5 fc
5 fc
Surface of signs (measured at the face)
2 fc
Parking lots
0.8 fc
10 fc
Light trespass on adjacent commercial properties
1 fc
Light trespass on any residentially zoned property
0.05 fc
D. 
The maximum total lumens for any commercially zoned property shall be less than 55,000 lumens per acre, prorated.

§ 178-8 Compliance of existing lighting.

A. 
Any exterior lighting existing on the effective date of this chapter which is not in compliance with this chapter shall be removed, relocated or altered so as to be brought into compliance with the provisions hereof within one year of enactment of this chapter.
B. 
The Board of Trustees may permit any preexisting nonconforming lighting to continue for a limited time beyond that time period provided for in this section, provided that:
(1) 
An application is made by the owner of the property to the Board of Trustees at least 120 days prior to the date on which such lighting must be removed, relocated or altered;
(2) 
The Board of Trustees shall find, in connection with such preexisting nonconforming lighting, that an unnecessary hardship has been created. In order to prove the unnecessary hardship, the applicant shall demonstrate to the Board of Trustees that:
(a) 
The applicant had made, prior to the effective date of this chapter, substantial financial expenditures related to the lighting demonstrated by competent financial evidence; and
(b) 
The applicant has not realized a reasonable return on such financial expenditures.
(3) 
The period for which such lighting may be permitted to continue is the minimum period sufficient for the applicant to realize a substantial return on such financial expenditures.
C. 
For purposes of this section, "financial expenditures" shall mean the capital outlay made by the applicant to purchase and/or install the lighting, exclusive of the fair market value of the building or structures to which the lighting is attached and exclusive of any improvements unrelated to the preexisting nonconforming lighting.

§ 178-9 Penalties for offenses.

A. 
The Board of Trustees may commence actions to enjoin violations of this chapter.
B. 
Each violation of this chapter shall be punishable by a fine according to Chapter 104, Code Administration and Enforcement, of the Code of the Village of Old Brookville.