[HISTORY: Adopted by the Town Council of the Town of Smithfield 2-1-2022 by Ord. No. 2022-02. Amendment noted where applicable.]
A.
Recognizing that artificial nighttime environment lighting is necessary
to safely illuminate roadways, public places, sidewalks, parking lots,
industrial, commercial and residential areas, the Town of Smithfield
also recognizes that artificial light is energy consumptive and a
form of pollution.
B.
Light pollution contributes to excessive energy waste, can contribute
to uncomfortable glare, light trespass from property to property and
is an environmental concern to wildlife and human habitats alike.
The Town of Smithfield has enacted this chapter to regulate the installation
and retrofit of outdoor lighting in order to achieve the following
purposes:
(1)
To promote energy efficient and sustainable lighting practices and
luminaires;
(2)
To promote energy conservation and reduce greenhouse gas emissions
associated with the production of energy through depletion of natural
resources;
(3)
To minimize adverse off-site impacts from new and existing lighting
installations; and
(4)
To permit reasonable uses of outdoor lighting for safety, security,
productivity, commerce and enjoyment.
(5)
To protect the existing unique qualities of Smithfield's dark
skies for astronomy, protection of environment, enjoyment purposes,
promote tourism and reduce light pollution;
(6)
To protect the residents and surrounding environment, including light
sensitive plants, animals and habitats, from the unintended effects
of artificial light pollution;
(7)
No part of this chapter is intended to be in conflict with applicable
sections of the Smithfield Zoning Ordinance relating to the subject
matter or with RIGL § 42-136, Outdoor Lighting Control.
As used in this chapter, the following terms shall have the
meanings indicated:
Ability to visually identify, without aid, zodiacal light,
a prominently bright defined night sky, including star clusters galaxies
and other deep sky objects.
Lighting that is installed seasonally during a holiday period
and shall otherwise be construed as a temporary lighting condition
whereupon expiration of said holiday is to be removed or otherwise
discontinued from use shall not be subject to enforcement under this
chapter.
Established in 1988 as an educational, environmental 501(c)(3)
nonprofit dedicated to protecting and preserving the nighttime environment
and the heritage of dark skies through quality outdoor lighting. With
thousands of members in more than 70 countries, IDA is the leading
authority concerning the problems and solutions related to light pollution.
A luminaire or light fixture that, by design of the housing,
does not allow any light dispersion or direct glare to shine above
a 90° horizontal plane from the base of the luminaire.
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see and may cause bothersome
visual discomfort.
Stray or reflected light that is emitted into the atmosphere
above the 90° horizontal plane from the luminaire, and which can
or does cause unwanted sky glow, uplight or which can or is directly
seen from an abutting property.
Direct light from an artificial light source on one property
that is intruding into an area, or property where it is unwanted,
does not belong or that may be perceived as a nuisance.
Light emitted directly from the lamp, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens,
of a luminaire.
Fully shielded luminaire light fixture which can control
the glare in any direction.
Direct light that has been reflected or has scattered off
of surfaces other than those associated with the light fixture.
The nighttime illumination of an outside area or object by
any manufactured device located outdoors that produces light by any
means.
A complete lighting system, including a light source component
(lamp or lamps that produce the actual light) and a fixture.
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct-light-emitting part
of the luminaire.
A publicly owned streetlight, overhead, area, post top or
high-flood, which illuminates a public right-of-way, parks, school
or public facility.
The location of the target which is to be hit by the light
source.
Any light source that distributes illumination above a 90°
horizontal plane.
A.
New installations: All outdoor lighting, with the exception of lighting
and/or light fixtures installed on a structure and/or property devoted
exclusively to single-family residential use, installed after the
effective date of this chapter shall conform to the standards set
forth herein.
(1)
In the case of new single-family residential uses, all outdoor lighting
shall be properly aimed as to not create excess glare, uplight or
trespass in an unreasonable manner as to not be construed as a nuisance.
(2)
Existing installations: All outdoor lighting installed prior to the
effective date of this chapter shall be exempt from the provisions
of this chapter, until a light and/or light fixture(s) must be repaired,
modified, refurbished and/or replaced. At the occurrence of any of
these several events, any light and/or light fixture with the exception
of lighting and/or light fixtures installed on a structure and/or
property devoted exclusively to single family residential use, shall
conform to the standards set forth herein.
B.
Existing and new streetlight installations: All municipally owned
and maintained streetlight assets, whether overhead, post top, flood
or other shall be shielded, recessed or directed as to avoid conflict
of light trespass into private property, reduce or eliminate uplight
and uncomfortable glare to the greatest extent practicable without
compromise to public safety.
(1)
Install a replacement dark sky compliant lamp fixture with an ISA
certification.
(2)
Consider light and light fixture aiming or glare control devices
such as light shields to prevent and/or reduce light trespass and
light pollution.
(3)
All government-owned and operated properties and facilities are urged
to immediately conform to the provisions of this chapter, in accordance
with RIGL § 42-136.
(4)
Lighting for site security should be configured for motion or infrared
sensor operation, except in the case of lighting required by state
or federal safety standards, property insurance coverage requirements
or site safety standards.
(5)
Lighting for site security should be configured for dimming, occupancy
or timing controls, except in the case of lighting required by state
or federal safety standards, property insurance coverage requirements
or site safety standards.
All new, retrofitted, refurbished and/or modified outdoor lighting
that is installed in the Town of Smithfield, with the exception of
lighting and/or light fixtures installed on a structure and/or property
devoted exclusively to single family residential use, as defined herein,
shall be the minimum necessary, in both number of luminaires and intensity
of light, to achieve the intended purpose of the lighting, and shall
meet the following standards, as relevant:
B.
In all areas adjacent to residential property, no externally mounted,
rooftop mounted, source illumination directed towards the property
line shall be visible at the property line at ground level or above.
C.
To reduce off-site glare, lighting fixtures for all parking and pedestrian
areas shall be:
E.
Where outdoor playing fields or other special outdoor activity areas
are to be illuminated, lighting fixtures shall be specified, mounted
and aimed so that:
F.
The height of luminaires, except streetlights in public rights-of-way,
shall be the minimum necessary to provide adequate illumination, but
shall typically not exceed a height of 15 feet when pole-mounted unless
a properly credentialed illuminating engineer hired for the benefit
of the Town finds that a height of any luminaire structure up to 20
feet will result in no greater light trespass and no greater light
pollution than a luminaire structure at 15 feet in height or unless
the luminaires must overhang vehicle travel lanes. Luminaires attached
to the building shall be limited to the height necessary for illumination
of entrances or locations not served by pole lighting. In no case
shall a building fixture be mounted on the roof.
Outdoor lighting in and around the ponds, lakes, rivers, and
other waters of the Town shall not be installed or maintained so as
to create a hazard or nuisance to other property owners and shall
comply with the following:
A.
Lights on docks shall be no more than three feet above the dock,
shall be directed downward and be full cutoff fixtures.
B.
Lights illuminating paths, stairs, decks, etc., shall not be directed
towards the water and shall not direct light upwards.
C.
All exterior lighting shall be located, mounted and shielded, so
that direct illumination is not focused towards the water surface
more than 20 feet from shore.
D.
Correlated Color Temperature (CCT) of lighting under this article
shall be as low on the Kelvin Scale to reasonable attain the desired
lighting levels. CCT for this article is recommended not to exceed
3,000° Kelvin.
A.
All fixtures shall be aimed and/or shielded to illuminate only the
target area such that no stray light from the luminaire passes above
the horizontal plane.
B.
Upward aimed facade and building lighting shall be fully shielded
and fully confined from projecting into the sky by the building eaves,
roofs, overhangs or structures and shall be mounted as flush with
the illuminated wall as possible.
Outdoor sales and gas station service canopy lighting shall
be aimed downward, recessed and installed such that the center of
the fixture's luminous opening is flush with or recessed into
the canopy ceiling. All lighting from the canopy must be substantially
confined to the ground area directly beneath the perimeter of the
canopy. All exterior lighting for canopies and/or service areas shall
be of an indirect nature, emanating only from fixtures located under
canopies, under eaves on the principal building or at ground level
in the landscaping. Exterior lighting shall be arranged and shielded
so there shall be no glare or reflections onto adjacent properties
or street rights-of-way.
In addition to the requirements of this chapter, all signs shall
also comply with the provisions of Article VIII of the Smithfield
Zoning Ordinance, as applicable. The Building Official or assigned
designee shall determine compliance with the provisions of this article.
A.
Illuminated signs shall not cause glare distracting to drivers, nor
shall they be in such a position, such color or lumen output as will
hamper the readability of traffic lights or traffic signs.
B.
Signs may be illuminated externally by a downward-directed stationary
light. Sign lighting shall not be directed upwards unless the sign
is affixed to the side of the building and is fully shielded and fully
confined from projecting into the sky.
C.
The requirements of this section are for the lighting of signs only.
Article VIII of the Smithfield Zoning Ordinance regulates signs and
shall be used in conjunction with this section.
All flagpole lighting shall be from the top of the pole downward,
no up-lighting of the flagpole is permitted.
This chapter shall be enforced by the Town Engineer, or designee,
as assigned by the Town Manager of the Town of Smithfield, and who
shall interpret, administer and enforce the provisions of this chapter.
The Town Engineer, or designee, shall investigate suspected violations
and issue notices of violation requiring corrective action, and shall
have the ability to assign penalties for noncompliance in accordance
with provisions as allowed by the Code of Ordinances for the Town
of Smithfield.
A.
Any person violating the provisions of this chapter shall be punished
by a fine of up to $100 for each violation. The Town Engineer's
office shall oversee compliance with the provisions of this chapter
and all violations issued hereunder shall be adjudicated in the Smithfield
Municipal Court.
B.
The imposition of a fine for a violation of the provisions of this
chapter shall not preclude the Town from seeking or obtaining any
or all other legal and equitable remedies to prevent or remediate
a violation of this chapter, including but not limited to injunctive
relief.
If any of the provisions of this chapter shall be held invalid
by a court of competent jurisdiction, then such provision shall be
considered separate and apart from the remaining provisions of this
chapter, which shall remain in full force and effect.
