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Millstone City Zoning Code

§ 30-115

LIGHTING STANDARDS.

A. 
Purpose. The purpose of this section is to provide for an orderly use and development of exterior lighting within the Borough of Millstone, to limit the impact of exterior lighting upon the general public and to prevent potential nuisances from the use of exterior lighting.
B. 
Installation of exterior lighting. No person shall install any exterior lighting or alter any existing exterior lighting within the Borough of Millstone without first obtaining a permit therefor, to be issued by the Zoning Officer upon application and payment of the prescribed fee, and no person shall install any exterior lights or alter any existing exterior lighting except in compliance with the conditions of this section.
C. 
Fees. Any person applying for a permit in connection with new residential construction shall pay a permit fee of $10 per exterior lighting fixture. Any person applying for a permit in connection with any commercial use or property, whether existing or new construction, shall pay a permit fee of $30 per lighting fixture. There shall be no fee for an application with respect to lighting on an existing residence.
All permit fees shall be made payable to the Borough of Millstone and shall be delivered to the Zoning Officer at the time the application is submitted.
D. 
Application.
(1) 
In connection with each application, the applicant shall submit an original and two copies of site plans for all proposed exterior lighting together with the required fee, if any, to the Zoning Officer except for existing residential properties for which a sketch may be submitted in lieu of a site plan. In the case of applications for existing residential properties the plan shall identify the name and mailing address of the applicant, property address by tax lot and block number, street address, property dimensions, location of light, type of light, radius of light and intensity in wattage. Plans for new residential construction and commercial use or property shall include all the items referred to in the preceding sentence, the manufacturer's specification sheet for the lighting, the intensity in foot candles in the case of commercial lighting and the intensity in wattage in the case of residential lighting. In addition, all plans shall show any and all existing lighting and type of lighting. All plans shall also show adjacent properties and nearby streets, driveways and residences in order to allow the Zoning Officer to determine the effect of the proposed lighting on such adjacent properties. The Zoning Officer shall make available to applicants in connection with existing residential properties a form of application which can be utilized in lieu of any other sketch or site plan.
(2) 
Any application submitted pursuant to this section dealing with a dwelling, structure or building located in the Historic District shall be subject to compliance with all provisions of the Historic District Commission Ordinance.
E. 
Design standards. In connection with any application, the Zoning Officer shall review the style of light, type of lamp and light standard in accordance with the following design standards, which design standards shall be followed in connection with applications. The following design standards are intended to apply to applications brought pursuant to this section and are not intended in any way to affect or decrease the authority of the Planning Board to deal with lighting issues during the course of any site plan review.
(1) 
The maximum height of freestanding lights shall be 12 feet.
(2) 
The maximum height of surface mounted lights or lights attached to a structure shall not exceed the height of the roof of the structure.
(3) 
Where lights will be visible to adjacent residences, the lights will be appropriately and permanently shielded and focused in a direction as to prevent spillage off the site.
(4) 
Only compact fluorescent or standard filament incandescent lamps are permitted for residential use.
(5) 
Neon, animated and flashing lights, whether used as a sign or otherwise, are not permitted.
(6) 
Lights using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement, whether used in connection with a sign or otherwise, are not permitted.
(7) 
Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or to neighbors. In particular, so called "string lights" or construction lights shall not be permitted.
(8) 
No light shall shine directly into windows or onto streets and driveways in such a manner as to create a nuisance or interfere with or distract driver vision.
(9) 
Lights and signs utilizing colored lights shall not interfere with existing and standard traffic signals.
F. 
Intensity. The following intensity in foot-candles in the case of commercial and wattage in the case of residential will not be exceeded:
(1) 
Maximum intensity at the property line shall be 0.5 foot-candles in commercial zones and 0.3 foot-candles in residential zones. Commercially zoned properties abutting residential zones will abide by the residential standards at the property line common to the two zones.
(2) 
The light intensity at ground level shall be a minimum of three-tenths foot-candles anywhere in the area to be illuminated and shall average a maximum of five-tenths foot-candle over the entire area in the case of commercial usage.
(3) 
For each fixture and lighted sign in a commercial area, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed seven and one-half percent of the total quantity of light emitted from the light source.
(4) 
For parking lots, an average of 1.5 foot-candles throughout except in the case of parking lot lighting adjacent to residential uses in which event the average shall be three-tenths foot-candles.
G. 
Nonconforming lighting. Any nonconforming exterior lighting existing at the time of the passage of this Section 30-115 may be continued and any such lighting may be restored or repaired in the event of partial destruction of it.
H. 
Notice. Any exterior lighting installed, located, relocated, or maintained in violation of this section shall be removed within 10 days after receipt of written notice from the Zoning Officer. The notice shall include notification that if the exterior lighting is not so removed, a summons and/or complaint in the municipal court serving the Borough of Millstone shall be issued by the Zoning Officer.
I. 
Review process.
(1) 
Each application shall be submitted to the Zoning Officer for his or her review and shall contain all the information required by Section 30-115D hereof. The Zoning Officer shall have 30 days in the case of commercial uses and 10 days in the case of residential uses from the receipt of the completed application, plans and permit fee to determine if said application conforms in all respects to this section. If the Zoning Officer shall determine that the application is in conformance, he or she shall issue the permit and sign and stamp all plans. If the Zoning Officer shall determine that the application does not conform in all respects to the requirements of this section, he or she shall note in what respects the application does not conform and shall deny the application.
(2) 
The Zoning Officer shall have no obligation to make a decision concerning the application unless the application is complete in all respects. If an application is submitted to the Zoning Officer which is incomplete, the Zoning Officer shall so advise the person submitting the application within 10 days of submission. If the Zoning Officer fails to act upon a completed application within the time periods set forth in the preceding subparagraph, the application shall be deemed to have been approved by virtue of the Zoning Officer's failure to act.
(3) 
Appeals to the Millstone Borough Planning Board may be taken by any interested party affected by any decision of the Zoning Officer of the Borough based upon or made in the enforcement of this section. Such appeal shall be taken within 20 days of the decision by the Zoning Officer by filing a notice of appeal with the Zoning Officer from whom the appeal is taken specifying the grounds for the appeal. The Zoning Officer shall immediately transmit the same to the Planning Board together with all papers constituting the record upon which the action appealed from was taken. The Planning Board shall determine the appeal within 45 days of the filing of the notice of appeal. The Planning Board appeal shall be determined at a public meeting based upon the materials submitted and any argument made by the appellant, Zoning Officer or other interested party. The Planning Board shall not be required to take any additional testimony under oath unless it so desires in its sole discretion. The decision of the Planning Board shall constitute a final administrative decision which may be further appealable to the Superior Court of New Jersey in accordance with the existing court rules.
(4) 
The Historic District Commission shall have 15 days from the receipt of an application submitted pursuant to Section 30-115D(2) hereof to issue its written decision. In the event that the Commission rejects an application, it shall note the basis for said disapproval. If the Commission fails to act upon a completed application within the 15 day time period, the application shall be deemed to have been approved by virtue of the Commission's failure to act.