§ 85-863. Purpose.  


Latest version.
  • A. 
    The general purpose of §§ 85-862 through 85-873 is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky by establishing provisions and a process for review of exterior lighting.
    B. 
    Sections 85-862 through 85-873 establish provisions for exterior lighting in order to accomplish the following:
    (1) 
    To provide safe roadways for motorists, cyclists and pedestrians;
    (2) 
    To protect against direct glare and excessive lighting;
    (3) 
    To ensure that sufficient lighting can be provided where needed to promote safety and security;
    (4) 
    To prevent light trespass in all areas of the Town;
    (5) 
    To protect and reclaim the ability to view the night sky;
    (6) 
    To allow flexibility in the style of lighting fixtures;
    (7) 
    To provide lighting guidelines;
    (8) 
    To discourage the wasting of energy used to produce excessive lighting;
    (9) 
    To provide assistance to property owners and occupants in bringing nonconforming lighting into conformance with §§ 85-862 through 85-873;
    (10) 
    To minimize the impact of stray lighting on human health, habitat and environment.
    C. 
    Definitions. As used in §§ 85-862 through 85-873, unless otherwise expressly stated, the following terms shall have the meanings indicated:
    AREA LIGHT
    A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens (100 watts incandescent).
    AVERAGE HORIZONTAL FOOTCANDLE
    The average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground.
    ESSENTIAL LIGHTING
    Lighting that is used for a specified period of time, which is necessary for a specific task or purpose while said task or purpose is actively being performed. This includes lighting that is necessary to promote public safety or facilitate public circulation.
    EXCESSIVE LIGHTING
    Illuminance levels beyond that which is required for safety, as is indicated on the Table of Limits of Illumination Levels (See Table 3, included as an attachment to this chapter.)
    EXTERIOR LIGHTING
    Temporary or permanent lighting equipment that is installed, located or used in such a manner with the intention to cause light rays to shine outdoors. Luminaires located indoors that are intended to light something outside are considered exterior lighting for the purposes of §§ 85-862 through 85-873.
    FIXTURE (ALSO CALLED "LUMINAIRE")
    The bulb, the assembly that holds the bulb (or lamp) in a lighting system, and the mounting apparatus, including reflecting elements, shielding elements, cover glass or lenses, the ballast, and the housing.
    FLOODLIGHT
    A fixture rated to produce over 1,800 lumens (100 watts incandescent), regardless of the number of bulbs, and is designed to flood an area with light.
    FOOTCANDLE (FC)
    The American unit of illuminance (the amount of light falling on a surface). One footcandle is approximately equal to the illuminance produced by a light source of one candle, measured on a surface one foot away from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters.
    FULL CUTOFF (FCO)
    A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer as produced by an independent lab. A cutoff, or semi-cutoff, design allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal.
    FULLY SHIELDED
    A luminaire constructed, lamped, 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. A full cutoff fixture is also fully shielded, but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report.
    GLARE
    Stray, unshielded light striking the eye that may result in:
    (1) 
    Nuisance or annoyance, such as light falling across property lines;
    (2) 
    Discomfort, such as bright light causing squinting of the eyes;
    (3) 
    Disability, such as bright light reducing the ability of the eyes to see into shadows and visual performance; or
    (4) 
    Distracting light which diverts the eye from a visual task.
    HID LIGHTING
    A family of bulb types known as "high intensity discharge," including high-pressure sodium, mercury vapor, and metal halide. These types require a warm-up time, usually require a ballast, and have a higher lumen output per watt than incandescent or halogen lamps.
    HOLIDAY LIGHTING
    Temporary lights used to celebrate holidays. Holiday lighting includes, but is not limited to, strings of small individual lights, illuminated menorahs, illuminated nativity scenes, illuminated candles, and various yard decorations seasonal in nature.
    IESNA
    Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry.
    IESNA RECOMMENDED PRACTICES
    The publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc.
    ILLUMINANCE
    The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandle."
    LAMP
    The generic term for an artificial light source, to be distinguished from the whole assembly (see "fixture"); commonly referred to as the "light bulb."
    LIGHT
    The form of radiant energy acting on the retina of the eye to make sight possible.
    LIGHTING ASSEMBLY
    Any or all parts of a luminaire that function to produce light, including the bulb, assembly, ballast, mounting features and/or pole.
    LIGHT POLLUTION
    Any adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, wasted energy due to excessive or unnecessary lighting, or any man-made light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna.
    LIGHT TRESPASS
    Light projected onto the property of another or into the public right-of-way when it is not required or permitted to do so.
    LUMEN
    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 by the energy input, which is indicated by the wattage. For example, a seventy-five-watt incandescent lamp can produce 1,000 lumens while a seventy-watt high-pressure sodium lamp produces 6,000 lumens. Lumen output is listed by the manufacturer on the light bulb packaging.
    LUMINAIRE
    The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), including the support assembly (pole or mounting bracket); a light fixture. 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 or standard shall be considered as a single unit.
    LUMINANCE
    The brightness of a source of light.
    MOUNTING HEIGHT
    The distance from natural grade to the lowest light-emitting part of the luminaire.
    NONCONFORMING
    Lighting which does not meet the requirements and specifications contained herein.
    NONESSENTIAL LIGHTING
    Lighting which is unnecessary and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours).
    PARTIALLY SHIELDED
    A luminaire which is not fully shielded but incorporates a partial shield around the lamp.
    PHOTOMETRICS
    Technical test reports that indicate light distribution and performance from a luminaire. Photometric reports may include candlepower distribution data, cutoff classifications, footcandle charts, etc. These are generally available from the luminaire manufacturers.
    SKYGLOW
    The overhead glow from light emitted sideways and upwards, including light reflected upward from the ground or other surfaces. Skyglow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the atmosphere. Among other effects, skyglow reduces one's ability to view the night sky. Different sources of light, in equal quantities, can contribute differently to sky glow.
    TEMPORARY LIGHTING
    Lighting that is intended to be used for a specific event and removed within seven days thereafter.
    UNIFORMITY RATIO (U RATIO)
    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 Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot.
    UNSHIELDED FIXTURE
    A fixture which, as designed or installed, emits all or part of the light emissions above the lowest light-emitting part of the fixture.
    REPAIR OF A LUMINAIRE OR SIGN
    Any service normally provided by a licensed electrician upon a luminaire or sign. Repair shall be considered to include replacement or modification of any of the following: poles, mounting arms, housings, hardware, wiring, ballasts, lenses, reflectors, diffusers, baffles, shields, sensors, switches, relays, power supplies, and lamp replacement modules which contain any of the items listed above. Replacement of a user-serviceable lamp will not by itself be considered a repair.