[HISTORY: Adopted by the Board of Trustees
of the Village of Sagaponack 8-13-2007 by L.L. No. 10-2007. Amendments noted
where applicable.]
The provisions of the following chapter are
intended to control and regulate lighting throughout the Incorporated
Village of Sagaponack (Village); protect landowners from the intrusive
effects of glare and light trespass; preserve the rural character
of the Village; protect the nighttime environment and the health and
habitat of flora and fauna; and restore and maintain the natural beauty
of the night sky. Excessive, unshielded and/or poorly directed exterior
lighting causes light pollution and has many adverse effects. Light
pollution detracts from the rural qualities of the Village and environs
and results in an increasingly suburban and overdeveloped appearance
at night. Glare associated with such lighting is hazardous for drivers
and pedestrians on the Village's roads, interferes with the privacy
of residents, wastes energy and creates skyglow that reduces visibility
of the stars in the night sky and diminishes appreciation for the
natural nocturnal environment. This chapter takes proper account of
the legitimate uses of lighting while providing guidance and direction
for landowners and others.
Unless specifically defined below, words or
phrases used in this chapter shall have their common usage meaning.
As used in this chapter, the following terms shall have the meanings
indicated:
A light fixture or fixtures installed within five feet of
a doorway intended to illuminate an entrance to a residence.
Lighting that is mounted, located, lamped or used, whether
inside or outside, to illuminate outdoor features. For the purposes
of this chapter, lighting which is installed indoors but which is
intended to illuminate an area outdoors shall be considered exterior
lighting for the purposes of this chapter.
See "light fixture" (also called "luminaire").[1]
Unshielded light from a light source that may result in nuisance
or annoyance, discomfort or visual disability.
Temporary lights installed on a residential property between
Thanksgiving and the following January 15, and may include traditional
holiday lights.
The source of artificial light as distinguished from the
fixture.
Lighting which is positioned and aimed to illuminate foliage,
driveways, walkways, patios, decks and other exterior pedestrian areas,
whether or not mounted on a structure.
The complete lighting assembly (including but not limited
to the lamp, housing, ballast, timers, photocells, reflectors, cover
glass, lenses, louvers, and shields), including the support assembly
(pole or mounting bracket). For purposes of determining total light
output from a light fixture, lighting assemblies which may include
multiple lamps shall be considered as a single fixture. Also referred
to as a "luminaire."
Light fixture or light source, or the effect of light, and
all apparatus and wiring to power artificial light.
Any and all nuisances caused by adverse effect of man-made
light, including but not limited to glare, light trespass, skyglow,
visual clutter, and wasted energy due to excessive or unnecessary
lighting; or artificial light that unnecessarily diminishes the ability
to view the night sky or is disruptive to flora and fauna.
[Amended 1-14-2008 by L.L. No. 2-2008]
The light-emitting part or parts of a fixture, consisting
of the lamp or lamps and any transparent or translucent covering over
the lamp, as well as any refractors, reflectors, prismatic lenses,
mirrors, or diffusers which emit or transmit light.
Light projected across property lines or into the public
right-of-way when it is not required or permitted to do so.
A unit used to measure the amount of light that is produced
by a light source. 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.
The vertical distance of the light source from natural grade.
A light fixture that is not fully shielded but incorporates
a partial shield around the lamp by opaque barrier(s) such as louvers,
shields, and other means in order to prevent the light source from
being visible from across property lines, into waterways, or roadways.
Glare or illumination of the night sky, whether direct or
reflected.
A fixture which, as designed or installed, emits all or part
of the light above the lowest part of the light source.
[1]
Editor's Note: The former definition of "fully shielded,"
which immediately followed this definition, was repealed 12-20-2011
by L.L. No. 13-2011.
A.Â
Title. This chapter shall be known and may be cited
as the "Village of Sagaponack Lighting Regulations."
B.Â
Conflicts with other laws. In a case where this chapter
is found to be in conflict with a provision of any other local law,
ordinance, code or regulation, the provision or requirement which
is the more restrictive or which establishes the higher standard shall
prevail.
A.Â
Lighting shall be designed, located, and lamped in
order to prevent light pollution.
B.Â
Lighting shall be designed, located, and lamped to
meet the following requirements:
[Amended 12-20-2011 by L.L. No. 13-2011]
(1)Â
Fixtures shall not be located in, or aimed to illuminate,
the public right-of-way, waterways, or public beaches.
(2)Â
The light sources of all exterior lighting shall not
be higher than 60 vertical inches, except that:
(a)Â
Not more than one tree per acre may be illuminated
from a point no higher than 15 feet.
(b)Â
One garage light may be mounted at a height
no greater than 15 feet from grade.
(c)Â
Dwelling-mounted entry lights may be mounted
at a height not to exceed eight feet from the ground-floor level of
such dwelling.
(3)Â
Fixtures shall not exceed 40 watts or 550 lumens per
fixture, as rated by the manufacturer, regardless of the number of
light bulbs.
(4)Â
Exterior lighting not required by law shall be extinguished
by 12:59 a.m.
(5)Â
Exterior lighting, regardless of the number of fixtures,
shall not exceed a total of 500 watts or 6,500 lumens per acre.
(6)Â
Motion-sensor-activated lighting shall be operable
to shut off after five minutes and shall not be triggered by activity
located off the property or from the roadway.
C.Â
In no event shall fixtures be mounted in excess of
a height which is greater than 1/3 the distance of the fixture to
the nearest property line.
The following are exempt:
A.Â
Holiday exterior lighting is exempt from provisions
regarding shielding, location, mounting height and total wattage but
must be turned off by 12:59 a.m.
B.Â
Vehicular lights, United States Coast Guard approved
maritime navigational lighting, and all temporary lighting needed
by fire, ambulance, or police departments or other emergency services
when needed for an emergency are exempt from the provisions of this
chapter.
C.Â
Temporary lighting in association with an approved
mass gathering permit shall comply with all provisions, exclusive
of location, mounting height, and total wattage, and shall be extinguished
no later than 12:59 a.m. on the date of any approved event authorizing
its use.
[Amended 12-20-2011 by L.L. No. 13-2011]
The following are prohibited and may be ordered
extinguished at any time:
A.Â
Searchlights, other than those required by law.
B.Â
Strobe lights, laser lights, or revolving lighting.
C.Â
Blinking, pulsating, tracing, or flashing lights.
D.Â
Light activated by dusk-to-dawn sensor.
E.Â
Lighting which is used to outline or illuminate a
building, structure or window.
F.Â
Floodlighting or "wall washing" lighting which is
designed to illuminate the walls of a building or other structures.
G.Â
Any light fixture that may be construed as or confused
with a traffic signal, traffic control device or maritime navigational
marker.
I.Â
Recreational outdoor court lighting, including lighting
of tennis, basketball and handball courts and sports fields, including
baseball, soccer, and football fields.
J.Â
Unshielded light fixtures, except as permitted herein.
A.Â
All applications for permits, including building permits,
shall include information about the location of each existing and
proposed outdoor light fixture, lamp source type, wattage, mounting
height, hours of operation, and lumen output, in order to verify that
lighting conforms to the provisions of this chapter.
B.Â
The Building Inspector shall review all new exterior
lighting or existing exterior lighting that is part of an application
for design review, conditional use permit, planned unit development,
subdivision approval, applicable sign permits or building permit to
determine whether the exterior lighting complies with the standards
of this chapter.
C.Â
For all other exterior lighting which must conform
to the requirements of this chapter, the Building Inspector shall
issue a decision whether the exterior lighting complies with the standards
set forth. All such decisions may be appealed to the Zoning Board
of Appeals within 30 days of the decision. The Zoning Board of Appeals,
after a public hearing, may grant variances from the requirements
of this chapter.
[Amended 1-14-2008 by L.L. No. 2-2008]
[Amended 1-14-2008 by L.L. No. 2-2008]
If the Building Inspector finds that any provision
is being violated, the Village shall give notice by hand delivery
or by certified mail, return receipt requested, of such violation
to the owner and/or the occupant of such premises, demanding that
the violation be abated within 30 days of the date of hand delivery
or of the date of mailing of the notice. The Building Inspector shall
be available to assist in working with the violator to correct said
violation. If the violation is not abated within the thirty-day period,
the Village may institute actions and proceedings, either legal or
equitable, to enjoin, restrain or abate any violations of this chapter.
