§ 85-864. Applicability; nonconforming lighting; exceptions.

A. 

All exterior lighting, installed, replaced, altered, changed, repaired or relocated after the effective date of §§ 85-862 through 85-873, shall conform to the provisions established by §§ 85-862 through 85-873 except as provided hereto.

B. 

Existing exterior lighting in conflict with §§ 85-862 through 85-873 shall be classified as "nonconforming." Except as provided elsewhere in §§ 85-862 through 85-873, all exterior lighting existing or installed prior to the date of the adoption herein, which does not conform with the provisions of §§ 85-862 through 85-873, shall be exempt, provided that the following requirements are met:

(1) 

Upon adoption of §§ 85-862 through 85-873, with any installation, replacement, alteration, change, repair, or relocation of any nonconforming luminaire, such luminaire shall be brought in compliance with the terms of §§ 85-862 through 85-873.

(2) 

To the extent that preexisting residential exterior floodlights can accommodate lamps of a total of less than 1,800 lumens (100 watts incandescent), said exterior lighting shall be equipped with a lamp or lamps of a total of less than 1,800 lumens (100 watts incandescent) per fixture and, to the extent possible, be angled downward, such that the center beam is not directed above a forty-five-degree angle measured from the vertical line drawn from the center of the lamp to the ground, and so as not to cause glare, light trespass, or beam spread beyond the intended target or across property lines. Operable photocells, motion sensors, timers that allow a light to go on at dusk and off by 11:00 p.m., as well as retrofit shields, are encouraged to alleviate nuisance and disability glare.

(3) 

Lighting that is determined by municipal law enforcement to contribute to a condition of disabling or distracting glare into a public roadway may be ordered to be changed or removed at any time.

(4) 

Nonessential lighting can be ordered extinguished, including mobile or ground-mounted searchlights, laser light shows, decorative flashing, blinking, or tracing lights, exclusive of exempt holiday lighting.

C. 

Exceptions.

(1) 

Unshielded residential luminaires. Unshielded residential luminaires equal to one sixty-watt incandescent lamp per fixture, regardless of number of lamps, are allowed, provided light trespass limitations are met.

(2) 

Vehicular lights and all temporary emergency lighting needed by the fire, ambulance, police departments or other emergency services are exempt.

(3) 

Holiday exterior lighting: holiday exterior lighting lit between October 15 and January 15 of the following year.

(4) 

Residential sensor-activated luminaires, provided:

(a) 

The luminaire is operational and located in such a manner, or shielded, to prevent glare and light trespass;

(b) 

The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased; and

(c) 

The sensor shall not be triggered by activity off the property.

(d) 

The luminaire output, regardless of the number of lamps, does not exceed 1,800 lumens (100 watts incandescent).

(5) 

Illumination of signs permitted pursuant to the Town of Brookhaven Chapter 57A, Signs, and any amendments made hereto.

(6) 

In situations of lighted flags which are not illuminated with "downward" lighting, upward lighting may be used in the form of a single ground-mounted narrow cone spotlight which confines the illumination to the flag, provided the lumen output is no more than 1,300 lumens, regardless of the number of lamps. The Town encourages the tradition of lowering flags at sunset to avoid the need for lighting.

(7) 

Lighting of radio, communications and navigation towers is allowed, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with §§ 85-862 through 85-873, and that the provisions of §§ 85-862 through 85-873 are otherwise met to the fullest extent possible. Tower lighting shall not be permitted unless required by the FAA; in which case required lighting shall be of the lowest allowed intensity and red, unless specifically forbidden under FAA requirements. Towers which are constructed no higher than 199 feet are preferable to avoid the need for FAA lighting.

(8) 

Runway lighting. Lighting on any approved landing strip or runway, provided that the owner or occupant demonstrates that FAA regulations can only be met through the use of lighting that does not comply with §§ 85-862 through 85-873.