Village of Hewlett Neck, NY Chapter 84 Lighting, Outdoor

[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett Neck 12-17-2018 by L.L. No. 9-2018. Amendments noted where applicable.]

§ 84-1 Prohibited acts.

No person, firm or corporation, or their respective agents, servants, guests or employees shall install, repair, alter, replace, relocate, operate or maintain any permanent outdoor light fixture, lamp or other artificial means of radiating light ("exterior lighting") on private property in the Village that does not comply with one or more of the following requirements:

A. All exterior lighting shall be either "fully shielded" or fitted with opaque hoods, shields, louvers, shades, or other devices to insure that all light generated by the light source is directed downward and not outward horizontally, and so fitted that no portion of the light source is visible when the light fixture is viewed from the property line or beyond. The term "light source" includes the light bulb and all refractive, reflective, and translucent light transmitting parts of the fixture. Post lanterns, pier lanterns and lanterns mounted on residences are exempt from the provisions of Subsections A and B of this section.

B. No exterior light source, including fixtures not mounted on the primary structure, shall be mounted higher than 12 feet measured from the actual grade immediately beneath the light source.

C. No exterior lighting shall illuminate any public or private road, public right-of-way, public waterway, public beach, or conservation easement.

D. No exterior light source shall illuminate, reflect, spill over, or otherwise create a nuisance upon an adjoining property or properties.

E. No flashing, laser, searchlight, strobe, tracing, pulsating, or neon exterior lighting is permitted.

F. No recreational court, including tennis courts, basketball courts, or sports courts shall be artificially illuminated after 10:00 p.m.

G. Lighting intended to illuminate foliage, trees, landscape, or architectural structures must be fully shielded and turned off daily by 12:00 midnight. Temporary holiday exterior lighting is exempt from the provisions of this chapter, except that such temporary exterior lighting shall not be lit earlier than 21 days before the date of the respective holiday and must be disabled within 15 days after the date of the respective holiday and must be turned off daily by 12:00 midnight.

H. No outdoor light fixture shall be operated by a "dusk to dawn" timer or sensor, unless motion-sensor activated. Motion-sensor light fixtures shall be operated to shut off after 10 minutes and shall not be triggered by activity located off the property.

I. Exterior light source(s) illuminating a driveway or walkway shall be mounted only along the margins of the driveway or walkway, mounted no higher than 18 inches from the grade at its base and spaced at intervals of no less than six feet.

J. Exterior light source(s) installed along fences are prohibited.

K. Lighting that is determined by municipal law enforcement personnel to contribute to a condition of disabling or distracting glare into a public roadway from a light source: in addition to any other penalties, such lighting may be ordered to be extinguished at any time.

§ 84-2 Existing lighting.

Any exterior lighting existing on the effective date of this chapter shall be extinguished or brought into compliance with the provisions of this chapter on or before June 1, 2019.

§ 84-3 Complaints.

A. Any person complaining about a violation of this chapter may make a written complaint to the Building Inspector. Each complaint submitted to the Building Inspector shall include the date, time, place and manner in which a violation of this chapter has occurred and must be signed by the complainant.

B. Upon receipt of a written complaint, the Building Inspector, upon verification of a violation, may issue an appearance ticket and otherwise take lawful action to enforce compliance with this chapter.

§ 84-4 Variances.

The Board of Appeals, after a public hearing, may, upon a showing that the benefit to the owner in retaining or permitting lighting not compliant with this chapter outweighs the potential detriment to the neighborhood if a variance is not granted, may grant variances from the requirements of this chapter. In making a determination, the Board shall be guided by the balancing factors contained in New York State Village Law § 7-712-b(3)(b) and may only grant the minimum variance necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.