Hardyston City Zoning Code
ARTICLE XXVIII
Outdoor Lighting
§ 185-126 Purpose.
The purpose of this article is to regulate outdoor lighting in a manner which encourages the conservation of energy, improves or maintains the nighttime visual environment, prevents and/or eliminates misdirected or excessive artificial light, light trespass and/or unnecessary sky glow and protects the health, safety, security and welfare of Township residents and the general public.
§ 185-127 Applicability.
All outdoor light fixtures installed and thereafter maintained shall comply with the requirements specified in this article. The regulations and standards contained in this article shall apply to 1) outdoor lighting upon any property for which site plan review and approval is required; and 2) the installation, alteration to and/or the changing of outdoor lighting upon any residential property, including single-family and multifamily dwelling units. All outdoor light fixtures installed and thereafter maintained shall comply with the requirements specified in this article.
§ 185-128 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A man-made object from which light originates (e.g., an electrically powered lamp).
A light fixture aiming no more than 60° in either direction from the center of the lowest light-emitting point of the luminaire.
A sign any face of which is illuminated by one or more artificial light sources located between the reader and the sign face and directed toward the sign face.
An unshielded artificial light source or lamp designed to produce relatively uniform illumination across a broad area.
A unit of measurement of illuminance; one footcandle equals one lumen per square foot of area.
A luminaire that emits no direct uplight.
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.
Illuminating Engineering Society of North America, an organization that recommends standards for the lighting industry.
The total amount (density) of visible light incident upon (i.e., illuminating) a point of a surface from all directions above the surface measured in footcandles. (Note: The "surface" may be a part, or all, of a physical object or an imaginary plane.)
See "lighting."
A sign any face of which is opaque and illuminated by one or more artificial light sources enclosed entirely within the sign cabinet and not directly visible from any point outside of the sign cabinet.
The modern form of the metric system.
A radiant light source; the replaceable, electrically powered light source of a light fixture.
A thing or object from which light originates. (Note: An object that reflects light originating from a different object is not a light source.)
Light projected onto a property from an artificial light source not located upon that property.
Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in § 185-130.
Light spillage not compliant with the requirements of this article.
The deliberate utilization of one or more artificial light sources to achieve an aesthetic or intended effect.
A unit of measurement of luminous flux (i.e., of the total amount of light emitted in all directions per unit time) within the International System of Units.
A self-contained lighting system component containing a light fixture and, as necessary, an outer shell or housing, a mirror or reflector, an aperture, a lens or refractor and a mounting bracket or pole socket; within this article, the term "luminaire" shall refer to outdoor lighting luminaires unless otherwise stated.
Glare resulting from excessive levels of illumination or insufficiently shielded light sources emanating from light fixtures in the field of view where the lens, lamp or reflector is offensively visible above a height of five feet at a property line or a public roadway.
The lighting of areas exterior to the walls of enclosed buildings and/or within structures having open or partially open walls, such as canopies, pavilions, gazebos, etc.
A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90° from the center of the luminaire facing straight down through the light fixture's lowest light-emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
A light source which is positioned and/or equipped with light-shielding devices so that it is not directly visible to any person distant 10 feet or more from the light source, or from any point upon or outside of the property boundary.
An unshielded artificial light source or lamp designed to produce a narrow, well-directed beam of light upon a small area.
Outdoor lighting which does not conform to the provisions of this article and which will not be used for longer than a period of 30 consecutive days; temporary lighting is intended for uses which, by their nature, are of limited duration, such as holiday decorations, civic events, or construction projects.
§ 185-129 Design standards.
A.
Residential uses. All outdoor lighting fixtures serving residential dwellings shall comply with the requirements specified in this section.
(1)
All outdoor light fixtures serving one- and two-family dwellings and having initial light outputs greater than 1,500 lumens shall be of a type which provides a luminaire that is recessed or enclosed within the fixture so as to eliminate sky glow and glare. Light fixtures with initial light outputs less than 1,500 lumens, such as decorative porch lights, wall sconces, post-top lanterns and walkway fixtures, may contain lamps and glass/plastic diffusing devices that extend beyond the opaque fixture enclosure. All outdoor fixtures shall comply with the requirements as specified below:
(a)
Outdoor light fixtures properly installed and maintained shall be directed so that there will not be any direct glare source visible from any adjacent residential property.
(b)
Pole-mounted lighting fixtures shall not exceed 16 feet (base plus pole) in height.
(c)
Light fixtures installed within any setback area, including front, rear or side yard setbacks, shall contain shielding devices to prevent light spill and glare upward and onto adjacent properties.
(d)
Accent lighting used to enhance the architectural features, materials, color, or style of buildings, landscaping, or art shall be located, aimed and shielded so that light is directed only on those features. Such fixtures shall be aimed or shielded to minimize light spill into the dark sky or cause glare or direct light beyond the facade onto a neighboring property or streets.
B.
Where used for security purposes or to illuminate walkways, roadways and parking lots, only outdoor light fixtures having luminaires that are shielded from public view and having the performance characteristics of a cutoff light fixture shall be used.
C.
Heights. Mounting heights (base plus pole) shall not exceed 16 feet above grade. Lower heights shall be used for walkways.
D.
Shielding. All luminaires shall be shielded to eliminate glare. Lamps shall be recessed in the luminaire.
E.
Adjoining properties. The maximum illumination at any point on adjoining properties shall not exceed 0.2 footcandle. The light source shall not be visible from adjacent properties.
F.
Hours of operation. All outdoor lighting fixtures serving residential dwellings, except those used for security purposes, shall be turned off from 11:00 p.m. until dawn.
G.
Security lighting. The average maintained illumination for security purposes shall be 0.4 footcandle.
H.
Underground installation. All wires and cables shall be underground, inside of the pole of a pole-mounted fixture or inside an electrical conduit when wiring is attached to a building. No visible wires shall be permitted for outdoor lighting.
§ 185-130 Light trespass (nuisance light).
All light fixtures, except streetlighting maintained by a governmental authority or that was part of an approved subdivision or site plan, shall be designed, installed and maintained to prevent light trespass, as specified below:
A.
Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will not be any direct glare source visible from another property.
§ 185-131 Prohibitions.
The use or installation of the following outdoor light fixtures is prohibited:
A.
Outdoor lighting fixtures for purposes of private, commercial or industrial usage shall not be attached or mounted to public property (i.e., public buildings, utility poles, telephone poles, streetlights, road or street signs) or to any trees located within a public road right-of-way.
B.
No outdoor lighting fixtures for purposes of private, commercial or industrial usage shall be erected within a public road right-of-way unless approval is obtained from the Township Council.
§ 185-132 Enforcement.
A.
Construction. All lighting fixtures and mounting structures shall be constructed in compliance with applicable construction codes.
(1)
Issuance of building permit. No building permit shall be issued by the Construction Official for any proposed outdoor lighting unless found to be in accordance with this article.
(2)
Certificate of occupancy. No certificate of occupancy shall be issued by the Construction Official unless and until proof has been submitted to him/her or her that all proposed outdoor lighting has been installed in compliance with the site plan approval or, in the case of residential dwellings or commercial uses not requiring a site plan, that the outdoor lighting conforms to § 185-129 of this article.
B.
The requirements of this article may be enforced on the basis of a valid, formal complaint filed in writing with the Planning and Zoning Department.
C.
Violations. If the Zoning Official determines that an outdoor light is in excess of the standards established by this article, or that artificial light is emanating from inappropriate or misdirected light fixtures not in compliance with the provisions of this article, the Zoning Official shall give written notice by certified mail to the owner or tenant that the outdoor light(s) be returned to good repair, be made to comply or be removed as required by such notice. Noncompliance by the owner or tenant upon whom the notice is served for any violation of the terms and conditions of this article shall be subject to a fine in accordance with procedures established by law at § 185-92.