HomeMy WebLinkAboutLL 12 of 2006 Outdoor Lighting.doc
TOWN OF ITHACA
LOCAL LAW NO. 12 OF THE YEAR 2006
A LOCAL LAW ADDING CHAPTER 173, TITLED “LIGHTING, OUTDOOR” TO
THE TOWN OF ITHACA CODE, AND AMENDING CHAPTER 221 OF THE TOWN
OF ITHACA CODE, TITLED “SIGNS,” AND CHAPTER 270 OF THE TOWN OF
ITHACA CODE, TITLED “ZONING,” TO ADD REFERENCES TO THE OUTDOOR
LIGHTING LAW
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Town of Ithaca Code is hereby amended by adding Chapter 173, entitled
“Lighting, Outdoor”, reading as follows:
Chapter 173
LIGHTING, OUTDOOR
§ 173-1. Title.
§ 173-2. Findings.
§ 173-3. Purpose.
§ 173-4. Definitions.
§ 173-5. Applicability of requirements.
§ 173-6. Control of glare—shielding requirements.
§ 173-7. Exemptions to control of glare.
§ 173-8. Outdoor signs.
§ 173-9. Recreational facilities.
§ 173-10. Lighting under roof overhangs and canopies.
§ 173-11. Spotlight/floodlight.
§ 173-12. Prohibitions.
§ 173-13. Temporary outdoor lighting.
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§ 173-14 Existing nonconforming luminaires.
§ 173-15. New construction.
§ 173-16. Notification requirements.
§ 173-17. Enforcement of violations.
§ 173-18. Appeals and variances.
§ 173-19. Law governing conflicts.
§ 173-1. Title.
This chapter shall be known as the Outdoor Lighting Law.
§ 173-2. Findings.
The Town Board of the Town of Ithaca finds the following:
A. Good outdoor lighting at night benefits everyone. It increases safety, enhances the
Town's nighttime character, and helps provide security.
B. New lighting technologies have produced lights that are extremely powerful, and
these types of lights may be improperly installed so that they create problems of
excessive glare, light trespass, higher energy use, and can negatively impact animals.
Excessive glare can be annoying and can cause safety problems. Light trespass
reduces everyone's privacy, and sky glow can interfere with observatories. If these
problems are addressed, the resulting reduced energy use can benefit everyone
through reduced pollution and lower energy costs.
C. There is a need for a lighting law that recognizes the benefits of outdoor lighting and
provides clear guidelines for its installation and operation so as to help maintain and
complement the Town's character.
D. Appropriately regulated, and properly installed, outdoor lighting will contribute to the
safety and welfare of the residents and visitors of the Town.
§ 173-3. Purpose.
The purpose of this chapter is to promote the public safety and welfare by regulating outdoor
lighting to reduce the problems created by improperly designed and installed outdoor lighting.
This chapter is intended to eliminate problems of glare and minimize light trespass to keep
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unnecessary direct light from shining onto abutting properties or streets, to help reduce the
energy costs of outdoor lighting, and to reduce sky glow.
§ 173-4. Definitions.
As used in this chapter, the following terms shall be defined as follows:
DIRECT LIGHT: Light emitted directly from the lamp, off the reflector or reflector diffuser,
or through the refractor or diffuser lens, of a luminaire.
DISABILITY GLARE: Glare resulting in reduced visual performance and visibility. It is
often accompanied by discomfort.
ENFORCEMENT OFFICIAL: The official charged with the duty to enforce the zoning and
other laws, ordinances, codes, and regulations relating to buildings and property.
EXISTING NONCONFORMING LUMINAIRES: Luminaires not conforming to the
provisions of this chapter that were in place on the effective date of this chapter.
FIXTURE: The assembly that houses the lamp or lamps and can include all or some of the
following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a
reflector or mirror, and/or a refractor or lens.
FLOOD OR SPOTLIGHT: Any light fixture or lamp that incorporates a reflector, a
refractor, or a prismatic lens to concentrate the light output into a directed beam in a
particular direction.
FULLY-SHIELDED LUMINAIRE: A luminaire constructed and installed in such a manner
that all light emitted by it, either directly from the lamp or a diffusing element, is projected
below a horizontal plane through the luminaire’s lowest light emitting part.
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GLARE: Light emitted from a luminaire with an intensity great enough to reduce a viewer's
ability to see, and in extreme cases causing momentary blindness.
INDIRECT LIGHT: Direct light that has been reflected or has scattered off other surfaces.
LAMP: The component of a luminaire that produces the actual light (commonly called a
bulb).
LIGHT TRESPASS: The shining of light produced by a luminaire beyond the boundaries of
the property on which it is located.
LUMEN: The unit used to measure the actual amount of light which is produced by a lamp.
One footcandle is one lumen per square foot. For the purposes of this chapter, the lumen-
output values shall be the INITIAL lumen output ratings of a lamp. Lumen output of most
lamps is listed on the packaging.
LUMINAIRE: A complete lighting system, including a lamp or lamps and a fixture.
OUTDOOR LIGHTING: The night-time illumination of an outside area or object by any
man-made device located outdoors that produces light by any means.
SKY GLOW: The overhead glow from light emitted sideways and upwards, including light
reflected upward from the ground or other surfaces. Sky glow is caused by the reflection and
scattering of various forms of light by dust, water, and other particles suspended in the
atmosphere.
TEMPORARY OUTDOOR LIGHTING: The specific illumination of an outside area or
object by any man-made device located outdoors that produces light by any means for a
period of less than seven (7) days, with at least 180 days passing before being used again.
§ 173-5. Applicability of requirements.
All new and replacement public and private outdoor lighting installed in the Town of Ithaca
after the effective date of this chapter shall be in conformance with the requirements of this
chapter. Certain lighting in place on the effective date of this chapter shall also be subject to
the requirements of this chapter, as specified in § 173-14. Any inconsistent language in the
Town of Ithaca Code is superceded by the requirements of this chapter.
§ 173-6. Control of glare—shielding requirements.
A. All nonexempt outdoor lighting fixtures shall be fully shielded, except glass tubes
filled with neon, argon, or krypton do not require any shielding.
B. Notwithstanding the foregoing, any lamp of 1,000 lumens or less does not require any
shielding.
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§ 173-7 Exemptions to control of glare.
A. All temporary emergency lighting needed by police or fire departments or other
emergency services, as well as all automobile luminaires, shall be exempt from the
requirements of this chapter.
B. All hazard-warning luminaires required by federal regulatory agencies are exempt
from the requirements of this article, except that all luminaires used must be as close
as possible to the federally-required minimum lumen output requirement for the
specific task.
C. Fossil fuel light. All outdoor light fixtures producing light directly by combustion of
fossil fuels (such as kerosene lanterns, and gas lamps) or equivalent, are exempt from
the requirements of this chapter.
D. Holiday decorations. Lights used for holiday decorations are exempt from the
requirements of this chapter.
E. Fountain lights. All lights located within a fountain are exempt from the requirements
from this chapter.
§ 173-8 Outdoor signs.
A. Top mounted fixtures required. Lighting fixtures used to illuminate an outdoor sign
shall be mounted on the top of the sign structure. All such fixtures shall comply with
the shielding requirements of § 173-6. Bottom-mounted outdoor sign lighting shall
not be used.
B. Outdoor signs of the type constructed of translucent materials and wholly illuminated
from within do not require shielding. Dark backgrounds with light lettering or
symbols are preferred, to minimize detrimental effects.
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C. Existing nonconforming outdoor signs shall be brought into conformance with the
provisions of this chapter within one year from its effective date.
D. In addition to the foregoing requirements, all outdoor signs must conform to § 221-8
of the Town of Ithaca Code regarding sign illumination.
§ 173-9 Recreational facilities.
Any light source permitted by this chapter may be used for lighting of outdoor recreational
facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball
fields, softball fields, tennis courts, or show areas, provided all of the following conditions are
met:
A. All fixtures used for event lighting shall be fully shielded as defined in § 173-4 of this
chapter.
B. All events shall be scheduled so as to complete all activity before or as near to 10:30
p.m. as practical, but under no circumstances shall any illumination of the playing
field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled
event that was in progress before 11:00 p.m.
§ 173-10 Lighting under roof overhangs and canopies.
A. Light fixtures mounted under roof overhangs and canopies shall be recessed so that the
lens cover is recessed or flush with the bottom surface (soffit) of the canopy and/or
shielded by the fixture or the edge of the canopy so that light is restrained to no more
than 85 degrees from vertical.
Source: International Dark-Sky Association
B. Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides
of the canopy shall not be illuminated.
C. Existing nonconforming lighting under or on roof overhangs and canopies shall be
brought into conformance with the provisions of this chapter within one year from its
effective date.
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§ 173-11 Spotlight/floodlight.
Spotlights and floodlights shall be aimed 45 degrees or more below the horizontal.
ACCEPTABLE
UNACCEPTABLE
UNACCEPTABLE
§ 173-12 Prohibitions.
A. Laser source light. The use of laser source light or any similar high intensity light for
outdoor advertising or entertainment, when projected above the horizontal, is
prohibited. The temporary use of laser source lights that project light into the sky
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may be allowed subject to the restrictions of temporary outdoor lighting contained in
§ 173-13.
B. Searchlights and strobe lights. The operation of searchlights or strobe lights is
prohibited.
C. Mercury vapor fixtures and lamps. The installation of any mercury vapor fixture or
lamp for use as outdoor lighting is prohibited.
§173-13 Temporary outdoor lighting.
Nonconforming temporary outdoor lighting may be permitted by the Enforcement Official
after considering: (1) the public and/or private benefits that will result from the temporary
lighting; (2) any annoyance or safety problems that may result from the use of the temporary
lighting; and (3) the duration of the temporary nonconforming lighting. The applicant shall
submit a detailed description of the proposed temporary nonconforming lighting to the
Enforcement Official, who shall consider the request. The Enforcement Official shall render
the decision on the temporary lighting request within two weeks.
§ 173-14 Existing nonconforming luminaires.
All luminaires lawfully in place on the effective date of this chapter that do not meet the
requirements of this chapter are exempt from this chapter, except that:
A. Any luminaire that replaces an existing nonconforming luminaire, or any existing
nonconforming luminaire that is moved, must meet the requirements of this chapter;
B. Any existing nonconforming luminaire that creates glare or light trespass shall be
either shielded or re-directed within thirty (30) days of notification to the owner or
occupant by the Town, so that the direct light is contained on the property;
C. Existing nonconforming luminaires that direct light toward streets or parking lots and
cause disability glare to motorists, pedestrians, or cyclists shall be either shielded or
re-directed within thirty (30) days of notification to the owner or occupant by the
Town, so that the luminaires do not cause a potential hazard to motorists,
pedestrians, or cyclists;
D. Existing nonconforming signs are exempt only for a period of one year, as specified in
§ 173-8C;
E. Existing nonconforming lighting under or on roof overhangs and canopies is exempt
only for a period of one year, as specified in § 173-10C; and
F. Section 173-9B regarding hours of operation shall apply.
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§ 173-15 New construction.
A. Submission contents. The applicant for any permit or approval required by any
provision of the Town of Ithaca Code in connection with proposed work involving
outdoor lighting fixtures shall submit (as part of the application for permit or
approval) evidence that the proposed work will comply with the requirements of this
chapter. The submission shall contain but shall not necessarily be limited to the
following:
(1) Plans indicating the location on the premises, and the type of illuminating
devices, fixtures, lamps, supports, reflectors, and other devices;
(2) Description of the illuminating devices, fixtures, lamps, supports, reflectors
and other devices, and their lumen output. The description may include, but is
not limited to, catalog cuts by manufacturers and drawings (including sections
where required);
(3) Photometric data, such as that furnished by manufacturers, or similar data
showing the angle of cut off or light emissions, and the lumen output.
B. Additional submission. The above-required plans, descriptions and data shall be
sufficiently complete to enable the plans examiner or board to readily determine
whether compliance with the requirements of this chapter will be secured. If such
plans, descriptions and data cannot enable this determination, by reason of the nature
or configuration of the devices, fixtures, or lamps proposed, the applicant shall submit
additional evidence of compliance to enable such determination, such as certified test
reports by a recognized testing laboratory.
C. Subdivision plat certification. If any subdivision proposes to have installed street or
other common or public area outdoor lighting, the final plat shall contain a statement
certifying that the applicable provisions of this chapter will be adhered to.
D. Lamp or fixture substitution or addition. Should any outdoor light fixture, or the type
of light source therein, be changed or added after the permit or approval has been
issued, a change request must be submitted to the Enforcement Official for approval,
together with adequate information to assure compliance with this chapter. Approval
must be received prior to substitution or addition.
§ 173-16 Notification requirements.
A. The Town of Ithaca application forms for site plan approval, subdivision approval,
special approval, and building permits shall include a statement asking whether the
planned project will include any outdoor lighting.
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B. Within thirty (30) days of the effective date of this chapter, the Town Clerk shall send
a copy of the Outdoor Lighting Law with a cover letter to all local electricians, local
electric utility, local architectural firms, and local engineering firms (including at least
those in the Towns of Ithaca, Danby, Dryden, Enfield, Lansing, Newfield, and
Ulysses, and the City of Ithaca as listed in the Yellow Pages).
§ 173-17 Enforcement of violations.
A. In the event of a breach of any of the provisions of this chapter, the Enforcement
Official shall notify the owner of the premises, in writing, to remove, repair, or bring
the luminaire into conformance within 30 days of the date of such notice.
B. Upon failure to comply with any notice within the prescribed time, the Enforcement
Official may remove or cause removal, repair, or conformance of the luminaire, and
shall assess all costs and expenses incurred against the owner of the premises on
which the luminaire is located.
C. All costs and expenses incurred by the Town of Ithaca in causing the removal, repair
or conformance of any luminaire, as specified in this section, shall be collected from
the owner of the premises on which such luminaire is located. Payment shall be made
in not more than five days after the receipt of a written demand, or in not more than
30 days after the final decision on any judicial contest the owner may pursue. If the
owner fails to make a timely payment, then such unpaid costs, expenses and interest
at the per annum rate of 9% incurred from the date of removal, repair or Town action
to bring the luminaire into conformance shall constitute a lien upon the premises on
which the luminaire is located. A legal action or proceeding may be brought to
collect such costs, expenses, interest, and recoverable attorney’s fees, or to foreclose
such lien. As an alternative to the maintenance of any such action, the Town may file
a certificate with the Tompkins County Department of Assessment stating the costs
and expenses incurred and interest accruing as aforesaid, together with a statement
identifying the property and owner. The Tompkins County Department of
Assessment shall in the preparation of the next assessment roll assess such unpaid
costs, expenses and interest upon such property. Such amount shall be included as a
special ad valorem levy (administered as a move tax) against such property, shall
constitute a lien, and shall be collected and enforced in the same manner, by the same
proceedings, at the same time, and under the same penalties as are provided by law
for collection and enforcement of real property taxes in the Town of Ithaca. The
assessment of such costs, expenses and interest shall be effective even if the property
would otherwise be exempt from real estate taxation.
D. Any person, firm, corporation, or entity, whether as owner, lessee, agent, or
employee, who violates any of the provisions of this chapter, or who fails to comply
with any order or regulation made thereunder, or who installs, moves, or alters any
light in violation of any detailed statement or plans submitted by him and approved
under the provisions of this chapter or other Town of Ithaca Code provisions, shall be
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guilty of a violation as the same is defined in the Penal Law and shall be fined not
more than $100 for each violation. Each day that such violation is permitted to exist
shall constitute a separate violation. Any police officer or peace officer or any person
who may be lawfully designated by the Town Board shall have the authority to issue
appearance tickets in connection with such violations.
E. In addition, any person, firm, corporation, or entity, whether as owner, lessee, agent,
or employee, who violates any of the provisions of this chapter, or who fails to
comply with any order or regulation made thereunder, or who installs, moves, or
alters any light in violation of any detailed statement or plans submitted by him and
approved under the provisions of this chapter or other Town of Ithaca Code
provisions, shall be liable for a civil penalty of one hundred dollars ($100.00) for a
first violation and two hundred dollars ($200.00) for a second or subsequent violation
that was committed within a period of five years from the commission of the prior
violation. Each day that such violation is permitted to exist shall constitute a separate
violation. The Attorney for the Town or his or her designee may commence an action
or special proceeding against the violator in a court of competent jurisdiction to
collect these penalties, together with costs, disbursements and recoverable attorneys’
fees, and/or to compel compliance or restrain by injunction any such violation.
§ 173-18 Appeals and variances.
A. The Zoning Board of Appeals, established pursuant to Chapter 270, Zoning, of the
Town of Ithaca Code, shall hear and decide the following matters:
(1) Questions of alleged error in any order or determination of the Enforcement
Official involving the interpretation of the provisions of this chapter; and
(2) Requests for variances from the provisions of this chapter.
B. The Zoning Board of Appeals may grant variances from the application of this
chapter upon the following conditions:
(1) Any variance shall be prospective in its application and shall not relieve any
person from the penalties and fines for violating this chapter by conditions that
existed prior to the granting of the variance.
(2) An application for a variance shall be submitted to the Town in a form
substantially indicating the name and owner of the real property, the nature of
the condition for which a variance is sought, and the reasons for which a
variance is sought.
(3) The applicant shall pay the same fee as that set forth in Chapter 153, Fees, of
the Town of Ithaca Code for appeals to the Zoning Board of Appeals for
variances.
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(4) Where the applicant is also seeking site plan review, the variance application
shall be referred to the Planning Board, established pursuant to Chapter 270,
Zoning, of the Town of Ithaca Code, for its review and recommendation to
the Zoning Board of Appeals.
(5) The Zoning Board of Appeals shall hold a public hearing on the application
and shall publish notice of said public hearing at least five days prior to its
date. At the option of the Zoning Board of Appeals, notice of said application
shall also be given to all landowners owning property adjoining the property
for which a variance is sought. At the option of the Zoning Board of Appeals,
a notice that a variance is sought shall also be posted on the property in
accordance with the posting provisions of Chapter 270, Zoning, of the Town
of Ithaca Code.
(6) The Zoning Board of Appeals may grant a variance if it determines that the
purposes of this chapter will be met if the variance is granted, and that the
benefit to the applicant if the variance is granted outweighs the detriment to
the health, safety and welfare of the neighborhood or community by such
grant. In making such determination the Board shall consider, among other
matters:
(a) Whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by
the granting of the variance;
(b) Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(c) Whether the requested variance is substantial;
(d) Whether the proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(e) Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals but shall not
necessarily preclude the granting of the variance.
(7) The Zoning Board of Appeals, if it chooses to grant the variance, shall grant
the minimum variance that it shall deem 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.
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(8) The Zoning Board of Appeals shall, in the granting of such variance, have the
authority to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property and/or the period
of time such variance shall be in effect. Such conditions shall be consistent
with the spirit and intent of this chapter, and shall be imposed for the purpose
of minimizing any adverse impact such variance may have on the
neighborhood or community.
C. The variances and the procedure for obtaining same shall, except where explicitly
otherwise required by this chapter, be in accordance with the provisions of the Town
Law, particularly § 267 et seq., and the provisions of the Town of Ithaca Code,
Chapter 270, Zoning, relating to the consideration of area variances.
D. Any person aggrieved by a decision of the Zoning Board of Appeals may have the
decision reviewed by the Supreme Court of the State of New York in the manner
provided by law.
§ 173-19 Law governing conflicts.
Where any provision of federal, state, county, or town statutes, codes, or laws conflicts with
any provision of this chapter, the most restrictive provision shall govern except where
preempted by state or federal law.
Section 2. Chapter 221, Signs, Section 221-8 of the Town of Ithaca Code, entitled “Sign
illumination,” is amended as follows:
1. § 221-8.A is amended by adding a new subsection (6) reading as follows:
“Illuminations that do not meet the requirements of the Outdoor Lighting Law,
Chapter 173 of the Town of Ithaca Code, are prohibited.”
2. § 221-8 is further amended by adding a new subparagraph E. as follows:
“In addition to the foregoing requirements, all illuminations shall meet the
requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca
Code.”
Section 3. Chapter 270, Zoning, Section 270-22.J of the Town of Ithaca Code regarding
Conservation Zones, entitled “Additional requirements and restrictions,” is amended by adding a new
subsection (3) as follows:
“All approved street lighting must comply with the requirements of the Outdoor Lighting
Law, Chapter 173 of the Town of Ithaca Code.”
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Section 4. Chapter 270, Zoning, Section 270-188.M of the Town of Ithaca Code regarding
Site Plan Review, titled “Considerations for approval,” is amended by adding the following
underlined language to this subparagraph:
“Compliance with the Town’s Comprehensive Plan, Zoning Ordinance, Subdivision
Regulations, Water Resources Ordinances, if applicable, Outdoor Lighting Law, and any
other applicable laws, rules, requirements or policies.”
Section 5. Chapter 270, Zoning, Section 270-122.B of the Town of Ithaca Code regarding
Commercial Zones, entitled “Additional special requirements. Access and sidewalks,” is amended by
deleting the second sentence and replacing it with “All outdoor lighting must comply with the
requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code” so that
Section 270-122.B reads as follows:
“Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid
material, and, if business is to be carried on in the evening, shall be adequately lighted. All
outdoor lighting must comply with the requirements of the Outdoor Lighting Law, Chapter
173 of the Town of Ithaca Code. Driveways and walkways shall provide safe access, egress
and traffic circulation within the site. The placement, size and arrangement of access to public
streets shall be subject to the approval of the appropriate highway authority. Unless waived
by the Town Board or Planning Board for good cause shown, sidewalks shall be installed by
the developer of any commercial zone (except Lakefront Commercial Zones) simultaneously
with construction of any commercial buildings on any site.”
Section 6. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain
in full force and effect.
Section 7. This local law shall take effect upon publication of the local law or an abstract of
same in the official newspaper of the Town, or upon its filing with the New York Secretary of State,
whichever is the last to occur.
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