[HISTORY: Adopted by the Board of Trustees
of the Village of Head-of-the-Harbor 12-15-2010 by L.L. No. 7-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning and land development — See Ch. 165.
[1]
Editor’s Note: This local law also repealed former Ch.
111, which consisted of Art. I, Outdoor Lighting, adopted 3-16-2005
by L.L. No. 7-2005.
The provisions of the following chapter are intended to control
and regulate lighting throughout the Village of Head-of-the-Harbor
(Village); protect land owners 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 over-developed 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 land owners
and others and while incorporating the goals of the International
Dark Sky Association.
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 meaning indicated:
Intensity at 90° (horizontal) no more than 2.5% of lamp
lumens and not more than 10% of lamp lumens at 80°.
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.
That which illuminates only the structure of a building.
See "light fixture" (also called "luminaire").
Zero intensity at or above horizontal (90° above nadir)
and limited to a value not exceeding 10% of lamp lumens at 80°
above nadir.
A light fixture constructed, lamped, and installed in such
a manner that all light emitted, either directly from the lamp or
a diffusing element, or indirectly by reflection or refraction from
any part of the fixture, is projected below the light source.
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 15th; 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.
Light fixture or light source, or the effect of light, and
all apparatus and wiring to power artificial light.
A semiconductor source increasingly used for general purpose
lighting.
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.
Any nuisance 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.
Light projected across property lines or into the public
right-of-way when it is not required or permitted to do so.
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 that emit or transmit light.
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, whether it be incandescent, fluorescent
or LED. The amount of light may be expressed in the alternative by
wattage: by way of illustration, not limitation, 2740 lumen is 150±
watts incandescent.
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 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.
New lighting. All exterior lighting installed after the effective
date of this chapter shall conform to the standards established by
this chapter, except exterior lighting required to protect and promote
public health and safety.
A.
Upon adoption of this chapter as established by its effective date,
all subsequent installation, replacement, alteration, change, repair,
or relocation of any nonconforming luminaire shall conform with the
provisions of this chapter.
B.
The following exterior lighting, lawfully existing or lawfully installed
prior to the effective date of this chapter, which does not conform
with the provisions of the chapter, shall be exempt provided the following
requirements are met:
(1)
Preexisting residential floodlight luminaires are exempt provided
the total light output for the fixtures does not exceed 27,400 lumens
regardless of the number of lamps; and angled downward or shielded
so as not to cause glare or light trespass or beam spread beyond the
intended target or across property lines. This exemption expires no
later than December 31, 2015, at which time full conformance is required.
(2)
Preexisting unshielded residential fixtures mounted on the primary
structure are exempt provided the light output, regardless of the
number of lamps, is no greater than 2,740 lumens. This exemption expires
no later than December 31, 2015, at which time full conformance is
required.
(3)
Preexisting nonconforming nonresidential luminaires rated over 2,740
lumens, regardless of the number of lamps, shall be altered to prevent
visible glare across property lines by re-aiming, shielding, adding
louvers, re-lamping or other means to meet the definition of fully
or partially shielded. This exemption expires no later than December
31, 2015, at which time full conformance is required.
(4)
Preexisting nonconforming automated teller machine (ATM) lighting;
fuel filling and gas service station canopy lighting and Long Island
Power Authority (LIPA) lighting shall be in full compliance with the
provisions of this chapter no later than December 31, 2015.
(5)
Preexisting nonconforming commercial and industrial parking lot lighting
illuminating less than 20 parking spaces shall be in full conformance
with the provisions of this chapter no later than December 31, 2015.
(6)
Preexisting nonconforming commercial and industrial parking lot lighting
illuminating 20 or more parking spaces shall be in full conformance
with the provisions of this chapter no later than December 31, 2015,
and may be achieved by partial areas of complete renovations regarding
lighting levels, pole heights and lamp types in increments of 10%
of the parking lot area per year.
(7)
Any provision in Subsection B(1) through (3) inclusive hereinabove to the contrary notwithstanding, preexisting unshielded or nonconforming lights described in said Subsection B(1) through (5) inclusive may remain beyond December 31, 2015, provided any such light is shielded before such date so as to prevent altogether the light source from being visible across property lines, into waterways or roadways.
A.
Lighting shall be designed, located, and lamped in order to prevent
light pollution.
B.
Lighting shall be designed, located, and lamped to meet the following
requirements:
(1)
Fixtures shall be fully shielded as designed, installed, and operated.
(2)
Fixtures shall not be located in or aimed to illuminate the public
right-of-way, waterways, or public beaches. Piers (also described
as wharfs or docks) shall only be illuminated as mandated by governmental
agency.
(3)
The light source of all exterior lighting shall not be higher than
15 feet, except as it applies to facade lighting.
(4)
Fixtures shall not exceed 2,740 lumens, as rated by the manufacturer,
regardless of the number of light bulbs.
(5)
Exterior lighting not required by law shall be extinguished by 11:59
p.m. excepting doorway lighting and walkways.
(6)
Exterior lighting from all sources, including but not limited to
facade, garage, garden, statuary, doorway and walking lighting, regardless
of the number of fixtures, shall not exceed a total of 27,400 lumens
for any premises.
(7)
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.
(8)
Driveway piers (typically, a columnar structure used to anchor an
entry or gate) may not have a vertical dimension greater than seven
feet inclusive of luminaires.
(9)
One garage fixture for each bay or overhead door may be mounted at
a height no greater than 15 feet above grade; output shall not exceed
1,600 lumens or the total allowable 27,400 lumens per premises.
(10)
Fixtures shall be utilized which minimize light intrusion onto
neighboring properties or public rights of way. In no case shall the
direct lamp (bulb) source be visible from adjacent or neighboring
properties or public rights of way.
(11)
Post or driveway pier (as described in Subsection B(8) above) lights may not be closer to Village roads than 15 feet. Lumens shall not exceed 1700 lumens per pier or post and must utilize cut-off optics so that the lamp (bulb) source is not directly visible from public roads. Posts may not exceed a height of 10 feet including the luminaire and piers may not exceed a height of seven feet including the luminaire.
(12)
Facade lighting shall not exceed 2,740 lumens per face, in no
event a total exceeding 27,400 lumens per premise, and shall meet
the criteria of full cut-off luminaires. After December 15, 2015,
all facade lighting must be modified so that the direct lamp source
is not visible from contiguous properties or public rights of way.
The following are exempt:
A.
Holiday exterior lighting is exempt from provisions regarding shielding,
location, mounting height and total wattage, but must be turned off
by 11:59 p.m.
B.
Vehicular lights, U. S. 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.
The following are prohibited and may be ordered extinguished
at any time:
A.
Searchlights, other than those required by law.
B.
Strobe lights, laser lights, or revolving lighting.
C.
Blinking, pulsating, tracing, or flashing lights.
D.
Light activated by dusk-to-dawn sensor (photoelectric cell).
E.
Any light fixture that may be construed as or confused with a traffic
signal, traffic control device or maritime navigational marker.
G.
Recreational outdoor court lighting, including lighting of tennis,
basketball and handball courts, sports courts, and sportsfields, including
baseball, soccer, and football fields.
H.
Unshielded light fixtures, except as permitted herein.
A.
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.
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.
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.
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.
If the Building Inspector finds that any provision is being
violated, he/she 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 to enjoin, restrain or abate any violations
of this chapter.
