The purpose of this article is to provide the regulatory framework to ensure the installation of safe and attractive outdoor lighting needed to protect the health, safety, and welfare of the residents and visitors to the community while protecting the rural character of the Town.

Guidelines for lighting of outdoor areas under site plan review provides for levels of illuminance, which are consistent with the proposed use of the properties under consideration, safety requirements, and neighborhood appearances. These guidelines will further ensure that installations with similar levels of activity will be designed to the same illuminance levels. The guidelines are based on standards and practices recommended in the Illuminating Engineering Society of North America (IESNA) Lighting Handbook.

All outdoor lighting fixtures, including display lighting, shall be turned off after close-of-business, unless required for safety or security, in which case the lighting shall be reduced to the minimum level necessary. "Close of business" will be the approved end of business day as determined by the Planning Board in consideration of reasonable commercial practices.

Automobile filling stations. Island canopy ceiling fixtures shall be recessed.

Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to § 120-40.

All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded light fixture in § 120-38 of this article.

Holiday lights for a maximum of 60 days per calendar year.

Any spot or flood luminaire having initial source lumens of 900 or less provided that no direct light is focused so as to cause annoyance glare on adjoining property or roadways. Such luminaire may be redirected or its light output controlled so as to eliminate this glare and be eligible for exemption under this section.

Temporary circus, fair, carnival, or civic uses.

Construction or emergency lighting, providing such lighting is temporary and discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

Temporary lighting as determined on a case-by-case basis by the Code Enforcement Officer, but such temporary use is not to exceed 60 consecutive days.

Lighting associated with agricultural operations.

All moving, revolving, and flashing lights.

Mercury vapor lights.

Laser source lighting or any similar high-intensity light for outdoor advertising or entertainment projected above the horizon is prohibited.

Light distribution. Illuminance is affected by interrelated factors such as the characteristics of the specified light sources, mounting heights, and spacing. These and other factors must be chosen so that illuminance meets the guidelines specified herein without causing glare or light trespass.

Minimum illuminances for general parking and pedestrian areas. Minimum footcandles have been specified for the general parking and pedestrian areas because an absolute minimum of lighting is necessary for the identification of features for pedestrian safety. Levels should not be lower than the recommended minimum at any point.

Minimum levels for driveway access. Minimum footcandles have been specified based on the assumption that separate walkways are provided for pedestrian activity. Where mixed pedestrian and vehicular traffic is anticipated, higher levels of illuminance should be provided.

Illuminance at entrances. Illuminance at entrances from public roads to private parking areas and private access driveways must be adequate for vehicle operators to recognize entrance details, decelerate, and safely leave the traffic stream.

Maximum illuminance at property lines. At the property line of the subject property, illumination from luminaires shall not exceed 0.1 footcandles on residential property or 0.5 footcandles on nonresidential property, as measured on a vertical plane.

Energy management. Under certain circumstances it may be desirable to reduce the lighting levels during periods of reduced activity. For example, during peak use, the "high" activity lighting level may be required. During inactive periods, where level of activity is in the "low" classification, only security lighting might be required.

Neighborhood consideration. Within the requirements of public safety, new lighting shall avoid annoyance glare to neighboring properties and shall not have adverse impact on the aesthetic character of the area(s) as defined by zoning regulations.

The Planning Board will assign a level of activity based upon submitted information. Submission to the Board shall include sufficient information about vehicular and pedestrian traffic, neighborhood, and other background to allow the Board to assign a level of activity to the project. Table 1 of § 120-47 is a list of typical installations that the Board may use for its determinations.

The applicant shall develop a lighting plan based on the assigned level of activity. In Table 2 of § 120-48, the levels of activity are associated with minimum and average illuminances, which serve as limits for design and evaluation of design. Table 2 applies only to parking facilities and driveway accesses. If the Planning Board must consider other outdoor uses, it shall consult the IESNA Lighting Handbook or equivalent sources to assist in defining appropriate illuminance levels. Where no standard from IESNA is available, the applicable standard shall be determined by the Planning Board taking into account the levels for the closest IESNA activity.

Detailed lighting plans which conform to the assigned level of activity and associated minimum and average illuminances shall be submitted to the Planning Board for approval. Plans shall include the manufacturer's specifications for the luminaires, candlepower distribution curve of the luminaire, and a contour map of the illuminance on the ground. Sufficient data on the placement and type of lighting fixtures to enable the Board to reach a conclusion on the adequacy of the plan shall accompany the submission.

No replacement or installation of new luminaires shall be permitted unless in conformance to this article.

All outdoor lighting that, in the opinion of the Code Enforcement Officer, is causing annoyance glare on adjoining roadways or properties shall be required to submit lighting details to the Code Enforcement Officer showing that the existing lighting meets the requirements of this article or how such lighting will be brought into conformance.

Notwithstanding any other requirement in this article, all nonconforming uses as defined by or resulting from the enactment of this article shall be required to come into compliance with the applicable provisions by January 1, 2003. Any person unduly aggrieved by this requirement may make an application for a variance to the Board of Appeals as provided in § 120-51 of this article.

Any and all outdoor private lighting existing on or after the effective date of this article, which does not conform with the requirements of this article, shall be removed.

If the Code Enforcement Officer shall find that any private outdoor lighting regulated in this article is not in conformance with the requirements stated hereto, the Code Enforcement Officer shall given written notice to the named owner of the land and/or building upon which it is located, who shall remove or repair the lighting within 30 days from the date of the notice. If such lighting is not removed or brought into conformance with the applicable requirements of this article within said time period, the Code Enforcement Officer shall revoke any prior approvals or permits issued for such lighting, and may remove or bring the lighting into conformance with the requirements of this article, and assess the owner for all costs incurred for such service.

The Code Enforcement Officer may cause any lighting which is a source of peril to person or property to be removed immediately and without notice, and assess the owner for all costs incurred for such service.

It shall be the duty of the Code Enforcement Officer to enforce the provisions of this article and any and all determinations of the Planning Board or the Board of Appeals.

A violation of this article is hereby declared to be an offense punishable by the maximum fines and penalties permitted by Town Law § 268, Subdivision 1. All of the provisions of Town Law § 268, Subdivision 1, shall apply to the enforcement of this article.

In case of a violation of this article, the Town and its officers may, in addition to any other remedy specifically conferred by law or ordinance, institute any appropriate proceedings to prevent the unlawful erection, construction, reconstruction, alteration, or use of any lighting not in compliance with this article.

Any person aggrieved by a decision of the Code Enforcement Officer relative to the provisions of this article may appeal such decision in writing to the Board of Appeals as provided in this Chapter 120 and shall comply with all procedural requirements of such Board.

In granting any variance from the provisions of this article, the Board of Appeals must find that the variance is necessary for the reasonable use of the land or buildings, that granting the variance is in harmony with the general purposes and intent of this article, that a variance will not be injurious to the neighborhood character or otherwise detrimental to the public welfare, and that denial of the variance would result in practical difficulty or unnecessary hardship to the applicant.