[HISTORY: Adopted by the Town Board of the
Town of Huntington 11-9-2005 by L.L. No. 38-2005. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 198.
It is the intention of the Huntington Town Board
to protect the environment, preserve the ability to view the celestial
features of the night sky for present and future generations, conserve
valuable energy resources and improve the aesthetic quality of life
in Huntington. By this legislation the Town Board wishes to establish
a mechanism by which exterior lighting which is protective of the
environment is installed on new construction and used to replace current
exterior lighting fixtures which are not in compliance with this Chapter.
A.
All exterior luminaries shall be constructed, installed,
operated and maintained in compliance with the provisions of this
Chapter.
B.
This Chapter shall apply to the repair, replacement
or relocation, in whole or in part, of any luminaire.
C.
Exemptions. Any outdoor lighting, whether residential,
commercial, institutional and privately or publicly-owned, which is
lawfully in existence prior to January 1, 2006, shall be exempt from
the provisions of this Chapter under the following conditions, except
that lighting on commercially or industrially-utilized properties
which cannot be turned off after business hours in order to meet essential
lighting needs must be retrofitted with timer controls, or motion
sensors, or replaced to comply with this Chapter by June 1, 2006:
(1)
The lighting does not cause light trespass upon adjacent
properties and the waterways, and it does not create glare and excessive
light, except as provided in § 143-9(4). Any lighting which
violates the light trespass limits, causes glare to adjacent properties,
or creates a public nuisance or hazard can be ordered removed at any
time.
(2)
Installation and replacement of municipal streetlights
which are designated as "historic" or are decorative in nature, if
part of a continuous lighting design scheme where the replacement
of the luminaire on a piecemeal basis with compliant luminaires would
unacceptably degrade or destroy the aesthetic character of the existing
lighting design.
(3)
Existing luminaries used for lighting of municipal
playing fields are exempt from the mounted height and shielding requirements
of this Chapter, provided that the lights are illuminated only when
the field is in use. All new installations shall use shielded luminaires
that control light trespass, glare and upward light (sky glow). The
maximum allowable upward light from the luminaire shall be five (5%)
percent.
(4)
Sign lighting equipment, provided that the light falls
primarily on the surface of the sign, and no glare is visible from
the property lines or from public streets. Top mounted sign lights
are encouraged.
(5)
Vehicular lights and all temporary lighting maintained
or used by any fire or ambulance district, the police department or
other emergency service personnel as long as the lighting is used
for emergency purposes.
(6)
Lighting of radio, communication and navigation towers
is allowed, provided the owner or occupant demonstrates to the satisfaction
of the Town that the regulations of the Federal Aviation Administration
(FAA) or other agency having jurisdiction can only be met through
the use of lighting that does not comply with this Chapter, and that
the provisions of this Chapter are otherwise met. Tower lighting shall
not be permitted unless required by the FAA or other agency having
jurisdiction, in which case, the lighting shall be of the lowest allowable
intensity, red and mounted at a height not to exceed 199 feet from
grade unless specifically forbidden under the applicable regulations.
(7)
Lighting used in the undertaking of emergency roadwork,
or emergency repair or maintenance of utility lines, or of sewer or
water mains shall be exempt.
(8)
Lighting used for a special event either sponsored
by or by virtue of a contract or permit with the Town of Huntington,
or otherwise permitted to take place by the Town of Huntington. Such
lighting may be installed up to seven (7) days before the event and
shall be removed no later than three (3) days of the end of the event,
unless otherwise provided by the Town Board or other designated town
officer.
(9)
Holiday lighting. Such lighting may be installed up
to forty-five (45) days before the holiday being celebrated and shall
be removed no later than thirty (30) days of the end of such holiday.
(10)
Lighting of monuments or memorials erected by or with
the approval of the Town.
(11)
Illumination of the United States Flag.
(12)
Where federal or state laws, rules or regulations
take precedence.
For the purpose of this Chapter, the following
words shall have the meanings indicated:
A lighting fixture designed for the illumination of a broad
area, including but not limited to streetlights, lights in parking
fields, and yard lights over one thousand eight hundred (1,800) lumens.
The average level of illuminance for a given area measured
at ground level with the light meter placed parallel to the ground.
Temporary or permanent lighting equipment that is installed,
located, placed or used in such manner so as to illuminate the outdoors,
in whole or in part.
Lights which are used to identify a location or place, to
illuminate an area for public circulation, and for public safety or
security purposes, such as entrances to buildings, parking areas and
access ways.
Illuminance levels which exceed the minimum illuminance levels
contained in the IESNA Recommended Practices Handbook, Publications
RP-33, RP-20 and RP-8.
The bulb and the assembly that holds the bulb (or lamp) in
a lighting system, including reflecting elements, shielding elements,
cover glass or lenses, the ballast and the housing.
A lamp or luminaire commonly used to illuminate a large area,
and which can produce light above the luminaire.
The basic unit of illuminance (the amount of light falling
on a surface). One footcandle is equal to the illuminance produced
by a light source of approximately one candle in intensity as measured
on a surface at a distance of one (1) foot from the source. Horizontal
footcandles is the measure of illumination striking a horizontal plane.
A luminaire where no light is emitted above the horizontal
plane of the lowest light emitting point of the luminaire, and the
total lamp lumens at 10 degrees below the horizontal is limited to
ten (10) percent of the total output.
A luminaire constructed and installed in such a manner that
all light emitted by it, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the luminaire, is projected below the horizontal plane. It is the
same as a full-cutoff luminaire but without any restrictions on light
distribution below the horizontal plane.
The sensation produced by a light source within the visual
field that is sufficiently brighter than the level to which the eyes
are adapted and may cause annoyance, discomfort, loss or impairment
of visual performance and visibility.
Temporary lighting customarily placed or installed to celebrate
a holiday.
The density of light falling on any point of a surface, usually
measured in footcandles. See also, "Footcandles."
Illuminating Engineering Society of North America (IESNA),
an organization which promulgates illumination standards, guidelines
and publishes recommended practices for the lighting industry.
The generic term for an artificial light source to be distinguished
from the whole assembly or "Fixture." Commonly referred to as a "light
bulb."
Any adverse effect of manmade light that unnecessarily diminishes
the ability to view the night sky or is disruptive to flora and fauna.
Light projected onto the property of another, into the public
right-of-ways or waterways when it is not required or permitted to
do so.
Any or all parts of a luminaire that function to produce
light, including the bulb, assembly, ballast, mounting features and/or
pole.
A unit used to measure the actual amount of light that is
produced by a bulb. The lumen quantifies the amount of light energy
produced by a lamp at the lamp, not solely by the "wattage". For example,
a 75-watt incandescent lamp can produce 1,000 lumens while a 70-watt
high-pressure sodium lamp produces 6,000 lumens.
The complete light assembly (including the lamp, housing,
ballasts, photocells, reflectors, lenses and shields), less the support
assembly (pole or mounting bracket). For purposes of determining total
light output from a luminaire or light fixture, lighting assemblies
which include multiple unshielded or partially shielded lamps on a
single pole shall be considered as a single unit.
The "brightness" of a source of light.
The light levels that are produced by a lamp and luminaire
after a period of time, taking into consideration normal losses due
to lamp aging and the accumulation of dirt on the fixture.
The distance from grade to the lowest light emitting part
of the luminaire.
Lighting for an intended purpose where the purpose is not
taking place.
A luminaire, which incorporates a partial shield around the
lamp concealing the lamp from view only in certain directions.
Technical test reports that indicate light distribution and
performance from a luminaire.
Substantial repairs to the luminaire or light assembly which
change the type, design, material or outward appearance of the luminaire.
This Chapter is not intended to prohibit the performance of minor
repairs and normal maintenance, including but not limited to, painting
the light assemblage, or replacement with the same type and same output
lamp, photoelectric control, or fuse.
The overhead glow from light emitted sideways and upwards,
including light reflected upward from the ground or other surfaces,
which reduces a person's ability to view the night sky.
A ratio that describes uniformity of illuminance across an
area. The uniformity ratio may be a ratio of the maximum-to-minimum
illuminance, or the average-to-minimum illuminance. For example, if
the average-to-minimum ratio of 4:1 for a parking lot is recommended,
the minimum illuminance should be no less than 1/4 of the average
illuminance across the parking lot.
B.
All exterior lighting shall use fully shielded luminaires,
with the light source directed downward and with the fixture installed
level with the horizontal plane, with the following exceptions:
(1)
Unshielded luminaires in residentially-utilized properties
are permitted as long as there is no more than 900 lumens (one sixty
(60) watt incandescent light or compact fluorescent) per fixture,
or if the luminaires are shielded or directed downward and do not
cause glare or light trespass.
(2)
Unshielded floodlights and fixtures of less than 1,800
lumens (100 watt incandescent light) in residentially utilized properties
are permitted if angled downward so that the center of the beam is
not directed above a forty-five (45) degree angle. Lighting fixtures
with timers and motion sensors are encouraged.
C.
Height of mounted luminaires. The total permitted
height of a luminaire mounted on a pole, building or other structure
shall not exceed twenty-five (25) feet except as follows:
A.
All non-essential exterior lighting shall be turned
off within one (1) hour after the close of business or end of the
activity.
B.
No luminaire shall be located or concentrated so as
to produce glare or direct illumination across the boundary lines
of the property nor shall any such light create a nuisance or hazard
or detract from the use and enjoyment of adjacent property.
C.
The average illuminance levels listed in the Illumination
Levels for Various Common Tasks, as provided in the IESNA Publications
RP-33, RP-20 and RP-8 shall not be exceeded unless approved by the
Planning Board, upon the recommendation of the Town's designated lighting
expert. The Planning Board may vary the required lighting level listed
in the IESNA Publications depending upon the general nature of the
property under review and the surrounding area.
D.
Automatic Teller Machine (ATM) and other bank lighting
assemblages shall use full cut off luminaires, and shall not cause
glare or light trespass, except that nothing in this Chapter is intended
to apply to lighting installed for security purposes pursuant to the
regulations or guidelines of the Public Services Commission or other
agency having jurisdiction, or the lighting requirements of Banking
Law.
A.
The mounted height of luminaires on sidewalks or public
right-of-ways shall comply with the height restrictions of this Chapter
unless otherwise restricted as to placement or location by utility
companies or other agencies having jurisdiction.
B.
All streetlights installed or replaced on or after
January 1, 2006 shall be fully-shielded, high pressure sodium luminaires,
except if such lights are part of a lighting design scheme as provided
in § 143-2(C)(2).
C.
Where applicable, streetlights shall comply with the
specifications and regulations of the Town of Huntington Townwide
Lighting District.
D.
All new and replacement municipal streetlights shall
be of a fully-shielded design to minimize light trespass, glare and
upward light (sky glow), except where the specialized function, design
and/or required location of lights within the town right-of-ways make
it impractical or impossible to meet all the conditions of the light
trespass restriction.
A.
All applications for site plan approval shall include
a lighting plan which shall show the following:
(1)
The location of all pre-existing and proposed outdoor
lighting fixtures.
(2)
Type of proposed luminaires including the manufacturer
and model number, the manufacturer's specifications ("cut sheets"),
diagrams or photographs of the fixtures, and a description of the
cut off characteristics of the luminaire and manufacturer's certification
of compliance with the "full cut-off" requirements.
(3)
Lamp source type, lumen output and wattage.
(4)
Shielding of the luminaire and all mounting details,
including mounting height and a description of the pole foundation.
(5)
Detailed photometric layout indicating initial illuminance
levels as expressed in footcandle measurements on a grid of the site
showing footcandle readings in every five foot square. The grid shall
include light contributions from all sources (i.e. pole mounted lights,
wall mounted lights, and signs, including streetlights). Grid shall
extend at least twenty (20) feet beyond the site property lines to
assure compliance with light trespass requirements. Photometric plans
shall be prepared by the lumunaire manufacturer or a licensed architect
or engineer and shall provide calculation of average maintained footcandles,
maximum and minimum footcandle readings, and the average to minimum
and the maximum to minimum uniformity ratios.
(6)
Schedule of the proposed hours when each luminaire
will be operated.
(7)
Types of timing devices or motion sensor, if any,
to be utilized.
(8)
Any additional information or documentation requested
by the Director of Planning and Environment or the Planning Board.
B.
For security and safety, when approving a site plan
or amended site plan, the Planning Board may require motion sensor
devices to control night lights for illumination of the building entrance,
recreation areas, parking areas and access ways.
C.
When a site plan includes additions to or modifications
of an existing lighting system and if the proposed changes will increase
the lighting on the site by more than twenty-five (25%) percent of
the pre-existing light output, the Planning Board may require that
all or part of the pre-existing lighting be changed to conform with
the provisions of this Chapter.
D.
The Planning Board may waive, as it deems necessary,
any restriction or condition contained in this Chapter, upon the submission
of written evidence by a licensed engineer demonstrating, to the satisfaction
of the Planning Board, that the legislative purpose and intent can
only be met by a design that does not comply with the provisions of
this Chapter.
E.
Any relocation of a lighting fixture or assemblage,
or enlargement, change, repair or alteration to the exterior lighting,
and any new installation must be approved by the Planning Board.
F.
Where new installations have been designed by a licensed
architect or engineer, he or she shall conduct a post-installation
inspection to verify compliance with the approved plan. Such architect
or engineer shall submit a certification to the Department of Engineering
Services that such inspection was performed and that the installed
system operates and is in conformance with the approved plan prior
to the issuance of a Certificate of Occupancy or other Town approval.
A.
No luminaire shall be located or concentrated so as
to produce glare or direct illumination across the boundary lines
of the property nor shall any such light create a nuisance or hazard
or detract from the use and enjoyment of adjacent property.
B.
Any relocation of a lighting fixture or assemblage,
or enlargement, change, repair or alteration of existing exterior
lighting, and any new installation shall be in conformance with the
provisions of this Chapter. Residential outdoor lighting guidelines
shall be available at the Department of Engineering Services.
C.
The following guidelines shall be made available by
the Department of Engineering Services to residential property owners
to facilitate compliance:
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
Any person or business entity who commits or permits any acts in
violation of any provisions of this chapter shall be deemed to have
committed an offense against this Chapter, and shall upon conviction
thereof, be subject to a fine of not less than Five Hundred ($500)
Dollars and not more than One Thousand Five Hundred ($1,500) Dollars.
Each day, or part thereof, such violation continues or is permitted
to exist following notification by the Town, or service of a notice
of violation, summons or appearance ticket, shall constitute a separate
offense, punishable in like manner.
(B)
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this Chapter shall likewise be subject
to a monetary penalty in an amount within the range of fines authorized
in subdivision A for any offense or continuing offense.
(C)
In addition to the criminal and civil penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil and equitable relief in the name of
the Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to two
hundred and fifty ($250) dollars per day, or any part thereof; an
action to compel compliance with or to restrain by injunction the
violation of this chapter; and other remedies which in the opinion
of the Town Attorney may seem necessary and proper.
