[Added 6-13-2001 by L.L. No. 1-2001]
A.
The purpose of this article is to provide the regulatory
framework to ensure the installation of safe and attractive outdoor
lighting needed to protect the health, safety, and welfare of the
residents and visitors to the community while protecting the rural
character of the Town.
B.
Guidelines for lighting of outdoor areas under site
plan review provides for levels of illuminance, which are consistent
with the proposed use of the properties under consideration, safety
requirements, and neighborhood appearances. These guidelines will
further ensure that installations with similar levels of activity
will be designed to the same illuminance levels. The guidelines are
based on standards and practices recommended in the Illuminating Engineering
Society of North America (IESNA) Lighting Handbook.
All private outdoor lighting shall be in conformance
with the requirements of this article.
The following terms shall have the indicated
meanings:
A curve representing the variation of luminous intensity
of the luminaire, measured in candelas in a plane through a light
center.
Light distribution for a luminaire such that candlepower
per 1,000 lumens does not exceed 25 (2.5%) at 90º above nadir
or 100 (10%) at 80º above nadir at any location around the luminaire.
The cutoff classification is usually specified on the manufacturer's
published data.
A usable roadway suitable for vehicular traffic connecting
private buildings, parking areas, and other facilities to public streets
and roads.
A light fixture constructed in such a manner that all light
emitted by the fixture, either directly from the lamp or diffusing
element, or indirectly by reflection or refraction from any part of
the luminaire, is projected below the horizontal as determined by
photometric test or certified by the manufacturer. Any structural
part of the light fixture providing this shielding must be permanently
affixed.
Area where pedestrian and vehicular activity is likely to
occur simultaneously.
The sensation produced by luminance sufficiently greater
than the luminance to which the eye is adapted so as to cause annoyance,
discomfort, or loss in visual performance and visibility.
The density of light on a surface quantified in footcandles,
measured by an illuminance meter, or calculated by accepted engineering
techniques.
Classification by the number of vehicles and level of pedestrian
activity in the area.
The illuminance at all points on the illuminated surface
from specified light sources at specified mounting heights and spacing.
The unwanted lighting of neighboring properties from light
sources intended for the proposed sites.
A complete lighting unit consisting of a light source and
all necessary mechanical, electrical, and decorative parts.
The vertical distance of the light source from the illuminated
plane.
Belonging exclusively to a person or concern.
Pertaining or affecting a population or community as a whole.
Structure designed or built to accommodate pastimes, exercise,
or other resources offering relaxation and enjoyment.
The horizontal distance between adjacent light sources.
A.
All outdoor lighting fixtures, including display lighting,
shall be turned off after close-of-business, unless required for safety
or security, in which case the lighting shall be reduced to the minimum
level necessary. "Close of business" will be the approved end of business
day as determined by the Planning Board in consideration of reasonable
commercial practices.
B.
Automobile filling stations. Island canopy ceiling
fixtures shall be recessed.
The following shielding requirements shall be
implemented as necessary.
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Fixture/Lamp Type
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Shielding Required
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Low- or high-pressure sodium, metal halide and
fluorescent over 50 watts
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Fully
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Incandescent over 160 watts
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Fully
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Incandescent 160 watts or less
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None
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Fossil fuel
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None
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Any light source of 50 watts or less
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None
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The following uses of light shall be exempt
from the requirements of this article.
A.
Holiday lights for a maximum of 60 days per calendar
year.
B.
Any spot or flood luminaire having initial source
lumens of 900 or less provided that no direct light is focused so
as to cause annoyance glare on adjoining property or roadways. Such
luminaire may be redirected or its light output controlled so as to
eliminate this glare and be eligible for exemption under this section.
C.
Temporary circus, fair, carnival, or civic uses.
D.
Construction or emergency lighting, providing such
lighting is temporary and discontinued immediately upon completion
of the construction work or abatement of the emergency necessitating
said lighting.
E.
Temporary lighting as determined on a case-by-case
basis by the Code Enforcement Officer, but such temporary use is not
to exceed 60 consecutive days.
F.
Lighting associated with agricultural operations.
The following lighting uses shall be prohibited
in all zoning districts of the Town of Rush:
Lighting requirements for an outdoor area depend on the level of usage the facility is anticipated to receive. Table 1 in § 120-47 establishes four levels of activity which correspond to the level of traffic and pedestrian activity. Each includes a broad range of activities. Lighting levels for automatic teller machines (ATMs) shall be in accordance with the New York State ATM Safety Act.[1] For activities not included in Table 1, the Planning Board
in consultation with the applicant will assign a level consistent
with the expected activity on the site.
[1]
Editor's Note: See Art. II-AA of the New York
State Banking Law (§ 75-a et seq.).
Table 2 in § 120-49 includes illuminance recommendations for open parking facilities and driveways. These recommendations provide for the safe movement of traffic, satisfactory vision for pedestrians, and guidance of both vehicle operators and pedestrians. The illuminance levels are the lowest acceptable, consistent with the action involved and the need to deter vandalism while meeting energy conservation constraints.
A.
Light distribution. Illuminance is affected by interrelated
factors such as the characteristics of the specified light sources,
mounting heights, and spacing. These and other factors must be chosen
so that illuminance meets the guidelines specified herein without
causing glare or light trespass.
(1)
General lighting. Luminaires for general area lighting,
whether pole or wall mounted, shall have cutoff light distribution.
Spotlights and floodlights shall not be used for general lighting.
Where supplementary lighting is desired (for example, for building
or sign illumination) the luminaires should be properly shielded to
avoid light trespass and glare.
(2)
External sign lighting. Where illumination of freestanding
signs is desired, the illuminator shall be chosen to avoid glare in
the area below and around the sign. If necessary, the sign shall be
constructed of opaque panels or surrounded by dense shrubbery from
the lower edge of the sign to the ground.
(3)
Mounting height of luminaires. Mounting heights of
luminaires, whether pole- or wall-mounted, shall be limited as follows:
(a)
For development projects subject to site plan
review in the R-20, R-30, and RR-5 Zoning Districts, maximum mounting
heights shall not exceed 12 feet.
(b)
For development projects subject to site plan
review in the C Zoning District, maximum mounting height shall not
exceed 25 feet.
(c)
For development projects in the I and LI Zoning
Districts, maximum mounting height shall not exceed 30 feet or the
roofline of the building, whichever is less, except that mounting
height for lighting located within 50 feet of a residential property
line shall not exceed 20 feet.
B.
Minimum illuminances for general parking and pedestrian
areas. Minimum footcandles have been specified for the general parking
and pedestrian areas because an absolute minimum of lighting is necessary
for the identification of features for pedestrian safety. Levels should
not be lower than the recommended minimum at any point.
C.
Minimum levels for driveway access. Minimum footcandles
have been specified based on the assumption that separate walkways
are provided for pedestrian activity. Where mixed pedestrian and vehicular
traffic is anticipated, higher levels of illuminance should be provided.
D.
Illuminance at entrances. Illuminance at entrances
from public roads to private parking areas and private access driveways
must be adequate for vehicle operators to recognize entrance details,
decelerate, and safely leave the traffic stream.
E.
Maximum illuminance at property lines. At the property
line of the subject property, illumination from luminaires shall not
exceed 0.1 footcandles on residential property or 0.5 footcandles
on nonresidential property, as measured on a vertical plane.
F.
Energy management. Under certain circumstances it
may be desirable to reduce the lighting levels during periods of reduced
activity. For example, during peak use, the "high" activity lighting
level may be required. During inactive periods, where level of activity
is in the "low" classification, only security lighting might be required.
G.
Neighborhood consideration. Within the requirements
of public safety, new lighting shall avoid annoyance glare to neighboring
properties and shall not have adverse impact on the aesthetic character
of the area(s) as defined by zoning regulations.
A.
The Planning Board will assign a level of activity based upon submitted information. Submission to the Board shall include sufficient information about vehicular and pedestrian traffic, neighborhood, and other background to allow the Board to assign a level of activity to the project. Table 1 of § 120-47 is a list of typical installations that the Board may use for its determinations.
B.
The applicant shall develop a lighting plan based on the assigned level of activity. In Table 2 of § 120-48, the levels of activity are associated with minimum and average illuminances, which serve as limits for design and evaluation of design. Table 2 applies only to parking facilities and driveway accesses. If the Planning Board must consider other outdoor uses, it shall consult the IESNA Lighting Handbook or equivalent sources to assist in defining appropriate illuminance levels. Where no standard from IESNA is available, the applicable standard shall be determined by the Planning Board taking into account the levels for the closest IESNA activity.
C.
Detailed lighting plans which conform to the assigned
level of activity and associated minimum and average illuminances
shall be submitted to the Planning Board for approval. Plans shall
include the manufacturer's specifications for the luminaires, candlepower
distribution curve of the luminaire, and a contour map of the illuminance
on the ground. Sufficient data on the placement and type of lighting
fixtures to enable the Board to reach a conclusion on the adequacy
of the plan shall accompany the submission.
If strict adherence to this chapter results
in conflict, the Planning Board may, at its discretion, modify specific
requirements to achieve balance among competing requirements.
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Table 1
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Level of Activities for Events, Parking
Facilities and Driveway Accesses
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High Activity:
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* Athletic events
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* Major cultural or civic events
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* Regional shopping centers
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* Fast-food facilities
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* Gasoline service stations
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Medium Activity:
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* Convenience stores
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* Community shopping centers
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* Office parks
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* Transportation parking (airports, commuter
lots, etc.)
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* Cultural, civic, or recreational events
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Moderate Activity:
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* Hospital parking areas
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* Professional buildings
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* Neighborhood shopping
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Low Activity:
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* Residential complex parking
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* Industrial employee parking
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* Education facility parking
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* Church parking
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NOTES:
If the level of nighttime activity involves
a large number of vehicles, the examples above shall move to the next
higher level of activity.
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Table 2
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Guidelines for Maintained Horizontal Illuminances
for Parking Facilities and Driveway Accesses
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General Parking
and Pedestrian Area
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Driveway Access
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Level of Activity
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Footcandles
(minimum on pavement)
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Uniformity Ratio
(average: minimum)
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Footcandles
(average on pavement)
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Uniformity Ratio
(average: minimum)
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High
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0.9
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4:1
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2.0
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3:1
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Medium
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0.6
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4:1
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1.0
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3:1
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Moderate
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0.3
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4:1
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0.8
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4:1
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Lowa
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0.2
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4:1
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0.5
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4:1
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NOTES:
aBased on requirement
to maintain security in areas of low-level nighttime activity.
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All outdoor lighting lawfully existing prior
to the effective date of this article shall be deemed conforming to
this article except that:
A.
No replacement or installation of new luminaires shall
be permitted unless in conformance to this article.
B.
All outdoor lighting that, in the opinion of the Code
Enforcement Officer, is causing annoyance glare on adjoining roadways
or properties shall be required to submit lighting details to the
Code Enforcement Officer showing that the existing lighting meets
the requirements of this article or how such lighting will be brought
into conformance.
C.
Notwithstanding any other requirement in this article, all nonconforming uses as defined by or resulting from the enactment of this article shall be required to come into compliance with the applicable provisions by January 1, 2003. Any person unduly aggrieved by this requirement may make an application for a variance to the Board of Appeals as provided in § 120-51 of this article.
A.
Any and all outdoor private lighting existing on or
after the effective date of this article, which does not conform with
the requirements of this article, shall be removed.
B.
If the Code Enforcement Officer shall find that any
private outdoor lighting regulated in this article is not in conformance
with the requirements stated hereto, the Code Enforcement Officer
shall given written notice to the named owner of the land and/or building
upon which it is located, who shall remove or repair the lighting
within 30 days from the date of the notice. If such lighting is not
removed or brought into conformance with the applicable requirements
of this article within said time period, the Code Enforcement Officer
shall revoke any prior approvals or permits issued for such lighting,
and may remove or bring the lighting into conformance with the requirements
of this article, and assess the owner for all costs incurred for such
service.
C.
The Code Enforcement Officer may cause any lighting
which is a source of peril to person or property to be removed immediately
and without notice, and assess the owner for all costs incurred for
such service.
D.
It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this article and any and all determinations
of the Planning Board or the Board of Appeals.
E.
A violation of this article is hereby declared to
be an offense punishable by the maximum fines and penalties permitted
by Town Law § 268, Subdivision 1. All of the provisions
of Town Law § 268, Subdivision 1, shall apply to the enforcement
of this article.
F.
In case of a violation of this article, the Town and
its officers may, in addition to any other remedy specifically conferred
by law or ordinance, institute any appropriate proceedings to prevent
the unlawful erection, construction, reconstruction, alteration, or
use of any lighting not in compliance with this article.
A.
Any person aggrieved by a decision of the Code Enforcement Officer relative to the provisions of this article may appeal such decision in writing to the Board of Appeals as provided in this Chapter 120 and shall comply with all procedural requirements of such Board.
B.
In granting any variance from the provisions of this
article, the Board of Appeals must find that the variance is necessary
for the reasonable use of the land or buildings, that granting the
variance is in harmony with the general purposes and intent of this
article, that a variance will not be injurious to the neighborhood
character or otherwise detrimental to the public welfare, and that
denial of the variance would result in practical difficulty or unnecessary
hardship to the applicant.
This article is not intended to interfere with,
abrogate, or annul any other rules, regulations, or ordinances. Whenever
the requirements of this article are at variance with the requirements
of any other lawful regulations, rules or ordinances, the most restrictive,
or those which impose the highest standards, shall govern.
This article shall be interpreted in such a
way, whenever possible, that the meaning of the words and phrases
in the sections herein shall make them valid and legal in their effect.
