This article sets forth minimum criteria for the installation, use and maintenance of exterior lighting, the purposes of which are to:

(1)

Require lighting in outdoor public places where safety and security are concerns;

(2)

Protect drivers and pedestrians on nearby travel ways from disabling glare from nonvehicular light sources that shine directly into their eyes and thereby impair safe travel;

(3)

Shield neighboring properties from nuisance glare resulting from nonexistent or improperly directed or shielded light sources;

(4)

Limit the height of light standards to preclude or lessen light pollution; and

(5)

Promote efficient design and operation with regard to energy conservation.

(Code 1977, § 9-4061.1)

Lighting facilities shall be required for all off-street parking areas and off-street loading areas and for all driveways providing ingress and egress thereto for all subdivisions and/or land developments for business, commercial, personal service, industrial, multifamily, recreational, institutional and public uses. In the approval of any subdivision or land development plan, the board of commissioners shall have the authority to require lighting to be incorporated for other uses or locations where, in their reasonable discretion, such lighting is warranted. In addition, the provisions of this section shall apply to signs and to architectural and landscape lighting.

(Code 1977, § 9-4061.2)

(a)

Lighting plans submitted for review and approval for subdivisions and land developments in connection with any use identified in subsection (b) of this section, shall include a schematic layout of all proposed exterior fixture locations, isofootcandle data, and a plot demonstrating adequate intensities and uniformities within the limitations established in this section, and manufacturers description of the equipment (catalog cuts), glare-control devices, lamps, mounting heights and means, proposed hours of operation of the lighting, and maintenance schedule. Illumination intensities shall be plotted on a ten by ten grid.

(b)

When requested by the board of commissioners, the applicant shall submit a visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare, both on the uses or development site and on adjacent properties.

(Code 1977, § 9-4061.3)

(a)

Lighting facilities located on off-street parking areas and loading areas for uses and developments governed by this section, or in connection with signs and recreational and institutional activities, shall provide an illumination level utilizing the current standards of the Illuminating Engineering Society of North America (IESNA) unless otherwise approved by the planning commission for justifiable cause shown.

(b)

Illumination, where required by this section, shall, as a maximum, have the intensities and uniformity ration in the Lighting Handbook of the Illuminating Engineering Society of North America (IESNA), 10th edition, as follows:

(c)

In the application of the above standards, the following regulations shall apply:

(1)

Illumination levels shall be defined as maintained horizontal footcandles on the task (e.g., the pavement or area surface).

(2)

Uniformity ratios dictate that average illumination values shall not exceed minimum values by more than the product of the minimum value and the specified ratio. For example, in the case of the commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 × 4).

(3)

In no case shall illumination exceed 0.2 footcandles measured at the property line; and, the amount of illumination projected onto a residentially zoned property or use from another property shall not exceed 0.1 footcandle at the property line.

(4)

Lighting standards in parking areas shall be located no more than 100 feet apart.

(5)

Lamp types and colors shall be in harmony within the adjacent community, any special circumstances existing on the site, and with surrounding installations. Lamp types and colors shall be consistent with the task and setting, and shall not create a mix of colors unless otherwise approved by the board of commissioners for cause shown.

(Code 1977, § 9-4061.4)

(a)

All lighting fixtures shall meet IESNA cutoff criteria. No lighting shall be permitted which shines directly into residential units, or results in glare beyond an angle of 30 degrees from the vertical plane, measured from the light source.

(b)

Light fixtures, including mounting base, shall not exceed 16 feet in height above finished grade.

(c)

All lighting shall be effectively shielded and shall be installed and/or aimed so as to shield nearby public or private streets and neighboring properties from direct glare light radiation, or light pollution which may create a safety hazard or a nuisance.

(d)

All lighting shall be completely shielded from any public right-of-way.

(e)

Illuminated signs shall have an indirect lighting source or shielded source.

(f)

The board of commissioners, as it deems appropriate, may require that lighting be controlled by automatic timing devices to extinguish light sources during specific periods to mitigate the adverse consequences of light pollution.

(g)

Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences, and similar screening methods be considered acceptable for reducing glare.

(h)

Fixtures used for architectural lighting, such as facade, feature and landscape lighting, shall be aimed or directed so as to preclude light projection beyond the immediate objects intended to be illuminated. All such lighting shall be extinguished between the hours of 11:00 p.m. prevailing time and dawn.

(Code 1977, § 9-4061.5)

(a)

The applicant/landowner shall install, or cause to be installed, all lighting fixtures and facilities at the landowner's expense. Light fixtures and poles shall be in accordance with a lighting plan approved by the board of commissioners upon recommendation of the planning board, in compliance with this article. The landowner shall be responsible for all costs involved in the maintenance, upkeep and operation of all lighting or parking and loading areas and other areas required by this article.

(b)

Electrical feeds to lighting standards shall be run underground, not overhead.

(c)

Lighting fixtures shall be maintained by the landowner so as to always meet the requirements of this article.

(Code 1977, § 9-4061.6)

(a)

The board of commissioners' approval of a lighting plan upon the recommendation of the planning board does not relieve the landowner of responsibility should any light standards or light fixtures, after construction, fail to conform or continue to conform to the provision of this section. The town reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this article and, if applicable, to require remedial action at the expense of the landowner.

(b)

Authority for determination of correct lighting installation shall rest with the administrative official, with advice from the town engineer. If the administrative official determines that any lighting installation creates a safety or personal security hazard due to insufficient illumination levels or produces unacceptable levels of nuisance glare, light pollution, or skyward light, the landowner or other person/entity then responsible for the use, maintenance and operation of the lighting shall be so notified and required to take timely remedial action at the expense of the landowner or other responsible person.

(Code 1977, § 9-4061.7)