Outdoor Lighting
§ 512 Outdoor Lighting
A. Purpose. The residents of New Shoreham value the Town's rural qualities, including the ability to view the stars against a dark sky. Inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions and limits their ability to enjoy nighttime sky. Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's nighttime character, and helps provide security. 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, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the Town. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting, by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate, and by limiting the total allowable illumination of properties in the Town. Luminaires on all properties, in all zoning districts, shall be installed with the idea of being a "good neighbor," with attempts to keep unnecessary direct light from shining onto abutting properties or streets.
B. General. All public and private outdoor lighting installed in the Town of New Shoreham shall be in conformance with the requirements established by this Ordinance.
C. Control of Glare; Luminaire Design Factors.
1. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens shall not emit any direct light above a horizontal plane through the lowest direct light emitting part of the luminaire.
2. Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens shall be mounted at a height equal to or less than the value 3 + (D/3) where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 15 feet. (See APPENDIX H included as an attachment to this chapter)
3. Any luminaire used for the purpose of uplighting shall not exceed 232 lumens.
D. Exceptions.
1. Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or less may be used without restriction to light distribution or mounting height except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions. (See APPENDIX G included as an attachment to this chapter)
2. Luminaires used for public roadway illumination, installed on a public utility pole, may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.
3. All temporary emergency lighting needed by the Police, the Fire Departments or other emergency services as well as all vehicular luminaires shall be exempt from the requirements of this Ordinance.
4. All hazard warning luminaires required by governmental regulatory agencies are exempt from the requirements of this ordinance except that all luminaires used must be shown to be as close as possible to the minimum lumen output required for the specific task.
5. Luminaires used primarily for sign illumination may be mounted at any height to a maximum of 15 feet regardless of lumen rating.
6. Seasonal holiday decoration lights.
E. Temporary Outdoor Lighting.
1. Any temporary outdoor lighting that conforms to the requirements of this Ordinance shall be allowed.
2. Nonconforming temporary outdoor lighting may be permitted by the Town Council by special temporary permit. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Council with the request. A failure of the Council to act on a request shall constitute a denial of the request. In granting any permit the Council shall consider:
a. The public and/or private benefits which will result from the temporary lighting;
b. Any annoyance or safety problems that may result from the use of the temporary lighting; and
c. The duration of the temporary nonconforming lighting.
F. Waterfront Lighting. Outdoor lighting in, and around the ponds, lakes, harbors and other waters of the Town, shall not be installed or maintained so as to create a hazard or nuisance to other property owners, navigation or boaters and shall comply with the following:
1. Lights on docks or piers shall be no more than three feet above the docks or piers, shall be downward directed, and shall be no more than 550 lumens or less.
2. Lights illuminating paths, stairs, decks, etc. shall not be directed toward the waters and shall be no more than 1800 lumens or less.
3. All exterior lighting shall be located, mounted and shielded so that direct illumination is not directed on the water surface more than 20 feet from shore.
G. Nonconforming Luminaires.
1. All luminaires lawfully in place prior to the date of the adoption of this Section of the Zoning Ordinance shall be exempt from the provisions of this Ordinance for a period of five years.
2. Disability Glare. Legal nonconforming luminaires that direct light toward streets, parking lots or the water, that cause disability glare to motorists, cyclists, pedestrians or boaters shall either be shielded or redirected within 90 days of notification, so that the luminaires do not cause a potential hazard.
3. Any luminaire that replaces a legal nonconforming luminaire or any nonconforming luminaire that is moved must meet the standards of this Ordinance.
H. Notification.
1. Any building permit application and issued building permit shall include a copy of this Ordinance.
2. Within 30 days of the enactment of this Ordinance the Building Official shall send a copy of the ordinance to all local electricians, general contractors and the local electric utility.
3. Failure to comply with sections 1 and 2 above, or to personally notify anyone, is not grounds to invalidate the provisions of this Ordinance. The notification provisions are intended to serve as a courtesy only to those notified. (Section Added December 4, 2000)