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HomeMy WebLinkAboutLL 2010 #05Fe~.x US Airbill ,,.~.~ ~1~163 Express "~"" 9461 6540 Accour~ Number 10b7-702c)'-B Comp,nyTOWN OF SOUTHOLD Address 530~5 ROUTE 0384625653 4a ExiJres~ Package Service FedEx Prior/Overnight edEx Standard Overnight 4b ~ Freight Sewice [] FedEx Pak~ [] FedEx ~ FedEx ~ O~lor · $ m 8 Residential Delivery Signature Options "~ r~. ~,~h.~ ~.r I~ No Signature Direct Signature Indirect Si nature ~ 15],'11 Terms And Conditions · v Definitions On this Airbill, "we," "our," "us," and "FedEx" refer to Federal Express Corporation, its employees, aclu agents. "You" and "your" refer lethe sender, its employees, and agents. A§reement 1o Terms By giving us your package to deliver, you agree to all the terms on this Airbill and in the current FedEx Service Guide, which is available upon request. 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You are responsible for proving the actual loss or damage Filing A Claim YOU MUST MA~E A,LL ~LAIM~ I~? set out in the current FedEx Service Gui! from those charges Right Of Rejection We rese~vetUe r;?t ~, c FedEx Service Guide Air.Tran~portati.onl:qx In~ludFd. A ~d,,~l a>: ,se DAVID A. PATERSON" GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LOF~RAINE A. CORTg:S-VAZQUEZ SECRETARY OF STATE September 1,2010 RECEIVED Lynda M Rudder Town of Southold Town Hall 53095 Main Road PO Box 1179 Southold NY 11971 8EP - 7.2010 Southolcl Town Clerk RE: Town of Southold, Local Law 5&6&7&8, 2010, filed on 8/30/10 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.$TATE.NY.U8 ' E-MAIL: INFO,DOS.STATE.NY.US ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net · OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 27, 2010 Fed Ex RE: Local Law No. 5, 6, 7 & 8 of 2010 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 5, 6, 7 & 8 of 2010 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rn County [3 City [] Town of [3 Village SOUTHOLD Local Law No. 5 of the year 2010. A Local Law entitled, A Local Law in relation to Regulating Exterior Lighting I Be it enacted the Town Board of the: ~ County rn City [] Town of [] Village SOUTHOLD I. Purpose. The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost- effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town's roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. II. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: {}136- 1. Title. This chapter shall be known as the "Exterior Lighting Law." §136-2. Definitions. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING - Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHTING - lighting that is mounted, located, lamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior lighting. O FIXTURE - The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a "luminaire." FOOTCANDLE ("FC") - The basic unit ofilluminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF ("FCO") - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal and a non- cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED - A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below.the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING - Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. ILLUMINANCE - The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. IESNA RECOMMENDED PRACTICES - The most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP - The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTING - Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTING - Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION - Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna. LIGHT SOURCE - The light-emitting part or parts of a fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS ~ Light projected across property lines or into the public right of way when it is not required or permitted to do so. LUMEN - A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. LUM1NAIRE - The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNTING HEIGHT - The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING - Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall- mounted perimeter lights after business hours). PARTIALLY SHIELDED - A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW - Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO ("U RATIO") - A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:l for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. §136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. §136-4. Applicability. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or (2) Any reconstruction, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. §136- 5. Standards for exterior lighting. General Requirements: (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned offwithin ½ hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoff luminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoff luminaires. See Figures 1 and 2 below. Placement, height and number of fixtures: (1) All proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. (2) All existing and/or new residential, commercial, institutional and utility exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (3) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. (4) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) Lumen Maximums 6 500 - 1000 lumens 8 600-1600 lumens 4 10 1000 - 2000 lumens 12 1600 - 2400 lumens 16 2400 - 6000 lumens Illuminance and type of lamp: (1) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at the property line of a parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. (2) The average illuminance levels listed in the illumination levels for Various Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Building Department or Planning Board may require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). (3) The light source shall not exceed 3000 Kelvin. (4) Streetlights shall be full cutoffhigh-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70-watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. Ifa light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of"historic" lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. {}136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency services are exempt. Lighting of radio, communication 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 this section, and that the provisions of this section are otherwise met. 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 otherwise specifically forbidden under the FAA regulations. 5 Holiday exterior lighting is exempt from provisions regarding shielding, location, mounting height and total wattage, but must be turned offby 12:59 a.m. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. Upward lighting of the American (and/or other governmental) flag in the form of a single ground- mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. Recreational lighting: (1) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in §136-5(c)(2). No public recreational facility shall be illuminated after 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. (2) Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in §136-5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. §136-7. Prohibitions. The following are prohibited: B. C. D. Ho Searchlights, other than those required by law. Strobe lights, laser lights, or revolving lighting. Blinking, pulsating, tracing or flashing lights. Lighting which is used to outline or illuminate a building, structure or window, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign. Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and low-pressure sodium. (2) Mercury vapor. (3) Neon. (4) Lamps rated higher than 3000 Kelvin in color. Unshielded light fixtures, except as permitted herein. §1~36-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to verify that proposed lighting conforms to the provisions of this chapter: (1) (2) (3) (4) (5) (6) (7) location of each existing and proposed outdoor light fixture; luminaire distribution and type; lamp source type; wattage; mounting height; hours of operation; and lumen output. B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, luminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3)Lamp source type, lumen output, and wattage. (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. (5) Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6)Shielding and all mounting details, including pole foundation description. (7)Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, noting the maximum, average and minimum as well as the uniformity ratio of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Disthbution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. C. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this chapter. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of Appeals. §136-9. Penalties for offenses. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non-residential violations. Each continuing day of violation of this chapter shall constitute a separate offense. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part 7 thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. FIGURE #1 A~ppendix 3: Definition of Acceptable Fixtures: "Full Cut Off', "F'olly Shielded"*z and RLM shield. -t%ll Cut O~* fixtures do n°t nllow any llght to be emitted abo~e the fixture. The fixture controls gla~e by limitlng tize light output at 10 degtee~ below the horizontal, to less than 10% of the light output in lumens, · Manufacturer* and their ~epre~ntativ~ can provide photog~aph~ o£ligkt fixtures a~ ~cut sheet~" as well ~ literaeax¢ confitmin§ the independently tested %ut oft~ cha~acteeistic~ of Photometric layout~ for different hei~ht~, light source~, and wattage~, ate also available as "rES" file~, upon request or through manufacturem' website~. · 'Foil cut o fff fixtum~ must be installed properly, $o that the bottom of the fixture is level with the g~ound~ ,, "Fully Shielded" fnttutes do not allow any light to be emitted above fl~e lowest light emitting pa~t, but do not ~tfict light out~ut in the '~gla~" zone, 90-80 degrees below horizontal. * If the manufacturer is unable to provide the "cut offf ~erlstics for a ttxmre (alto called a "laminaite~), the follovring definifi~ nee~ to be met:. "Fully Shielded", v~ich i~ a fix-rare cottsttucted and installed in tach a manner that alt light emitted by it, either directly from the lamp (bulb) or a diffur, ing dment, or indir~tly by reflection or refraction tixnn any part of the fixture, i~ projected below the hol:izontaL This can be dctcmained by a "field test": a visual assessflaent of afl operating sample. ~is is a "ILLM" sign lighting shiet~ 8 FIGURE Unacceptable Fixtures Acceptable Fix~ures iskyour local electrical suppUers for "full. cut oW~ Hght fixtures or fixtures with the IDA Seal O£Approval. l~i~gr:mas coutXesy of Bob Crelin, htep://www_~heg~ebuster.com/ 9 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 10 . of the (Czxn'q,')(Ci:y)(Town) (V:.P.:.?,z) of SOUTHOLD was duly passed by the TOWN BOARD on July 27 ,20 10 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affmnative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20__ , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. l0 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 __ of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) C'~rk o(j~he Comit~-~gislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: August 24~ 2010 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains~exct text and that all proper proceedings have been had or taken for the enactment of the local law annexed~o. ~ Signaturl ~.~.~/~'' Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq, Assistant Town Attorney Title Town of SOUTHOLD Date: August 24~ 2010 MARTIN D, FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(_Wtown.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: MEMORANDUM Ms. Elizabeth A. Neville, Town Clerk SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 From: Date: Subject: Lynne Krauza Secretary to the Town Attorney August 26, 2010 LURegulating Exterior Lighting/SEQRA Review For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Supervisor Russell to execute this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures RESOLUTION 2010-584 ADOPTED DOC ID: 6075 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-584 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 27, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in Relation to Regulating Exterior Li~_htinlt' is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated July 26, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 617.20 0Rk~L Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by AI)plicant or Project sponsor) 1. APPLICANT/SPONSOR [2. PROJECT NAME Town of Southold /A Local Law in relation to ReguLating Exterior Lighting 3. PROJECT LOCATION: Munidpality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Proposed Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting". 7. AMOUNT OF LAND AFFECTED: Initially IN~k acres Ultimately NA acres 8. W1LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commerdal [] Agdcu,ure [] PanVJForest/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --I I No If Yes, list agency(s) name and permit/approvals: Filing with the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I~Yes []No I CERTIFY THAT TH~JNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: Townof~hoklTow~ardj~/~,~lle~.,~.b ~--~a' ~' Date: 7/26/2010 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER t PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. J--'lYes ~'~No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED EOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency, [-']Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural msourcas; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spedes? Explain bdefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRrTICAL ENVIRONMENTAL ARF-~ (CEA)? [] Yes~ ~ NO If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potenflally la~ge or significant adverse impacts which MAY occur. Then proceed direcgy to the FULI EAF and/or prepare a posiflve declaration. ] Check this box if you have determined, based on the informafion and analysis above and any supporting documentation,that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell /~ Print~~~or Type e of Respon ' ~cer in Lead A ney Sll~tatu~e of Responsible Officer in Leed'Agency 7/26/2010 Date Supervisor RESOLUTION 2010-586 ADOPTED DOC ID: 6060 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-586 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 27, 2010: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29thth day of June 2010, a Local Law entitled "A Local Law in relation to Revulatin~ Exterior Li~thtin~" and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, '% Local Law in relation to Re~,ulatin~ Exterior Lil!htin~" reads as follows: LOCAL LAW NO. 5 of 2010 A Local Law entitled, "A Local Law in relation to Regulating Exterior Livhtin~". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost-effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town's roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. Il. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: §136- 1. Title. Resolution 2010-586 Board Meeting of July 27, 2010 This chapter shall be known as the "Exterior Lighting Law." {}136-2. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING - Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHTING - lighting that is mounted, located, lamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior lighting. FIXTURE - The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a "luminaire." FOOTCANDLE ("FC") - The basic unit of illuminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the soume. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF ("FCO") - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90o cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED - A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 2 Resolution 2010-586 Board Meeting of July 27, 2010 refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING - Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. ILLUMINANCE - The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. IESNA RECOMMENDED PRACTICES - The most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP - The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTING - Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTING - Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION - Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna. LIGHT SOURCE - The light-emitting part or parts of a fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS - Light projected across property lines or into the public right of way when it is not required or permitted to do so. LUMEN - A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. LUMINAIRE - The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 3 Resolution 2010-586 Board Meeting of July 27, 2010 bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNTING HEIGHT - The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING - Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). PARTIALLY SHIELDED - A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW - Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO ("U RATIO") - A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. §136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. §136-4. Applicability. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or (2) Any reconstruction, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. §136- 5. Standards for exterior lighting. Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 4 Resolution 2010-586 A. General Requirements: Board Meeting of July 27, 2010 (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned off within ~A hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoff luminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoff luminaires. See Figures I and 2 below. Placement, height and number of fixtures: (1) Alt proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. (2) All existing and/or new residential, commercial, institutional and utility exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (3) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. (4) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) 6 8 10 12 16 Illuminance and type of lamp: (1) Lumen Maximums 500 - 1000 lumens 600-1600 lumens 1000 - 2000 lumens 1600 - 2400 lumens 2400 - 6000 lumens (2) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at the property line of a parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. The average illuminance levels listed in the illumination levels for Various Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 5 Resolution 2010-586 (3) (4) Board Meeting of July 27, 2010 Building Department or Planning Board may require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). The light source shall not exceed 3000 Kelvin. Streetlights shall be full cutoffhigh-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70-watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. If a light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of "historic" lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. §136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency services are exempt. Lighting of radio, communication 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 this section, and that the provisions of this section are otherwise met. 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 otherwise specifically forbidden under the FAA regulations. Holiday exterior lighting is exempt from provisions regarding shielding, location, mounting height and total wattage, but must be turned off by 12:59 a.m. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. Upward lighting of the American (and/or other governmental) flag in the form of a single ground-mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 6 Resolution 2010-586 Board Meeting of July 27, 2010 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. Recreational lighting: (1) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in § 136-5(c)(2). No public recreational facility shall be illuminated after 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. (2) Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in § 136-5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. {}136-7. Prohibitions. The following are prohibited: B. C. D. Searchlights, other than those required by law. Strobe lights, laser lights, or revolving lighting. Blinking, pulsating, tracing or flashing lights. Lighting which is used to outline or illuminate a building, structure or window, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign. Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and low- pressure sodium. (2) Mercury vapor. (3) Neon. (4) Lamps rated higher than 3000 Kelvin in color. Unshieldcd light fixtures, except as permitted herein. §136-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to verify that proposed lighting conforms to the provisions of this chapter: (1) (2) (3) (4) (5) (6) (7) location of each existing and proposed outdoor light fixture; luminaire distribution and type; lamp source type; wattage; mounting height; hours of operation; and lumen output. Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 7 Resolution 2010-586 Board Meeting of July 27, 2010 B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, lmninaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3) Lamp source type, lumen output, and wattage. (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. (5) Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6)Shielding and all mounting details, including pole foundation description. (7) Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, noting the maximum, average and minimum as well as the uniformity ratio of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Distribution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this chapter. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of Appeals. §136-9. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 8 Resolution 2010-586 Board Meeting of July 27, 2010 or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non-residential violations. Each continuing day of violation of this chapter shall constitute a separate offense. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. III. SEVERABIL1TY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 9 Resolution 2010-586 FIGURE #1 Board Meeting of July 27, 2010 Appendix 2,: Definition of Acceptable Fixtures: "Full Cut Off", "Fully Shielded"*,. and RLM shield. -FullCutOIr'fixtu~¢sdonotallowan¥11ghttobeemittednbovctbefixtute. The fixture ¢ontrola glare by limiting the light output ~t 10 degtee~ below the hodzontal~ to less than 10% of the light output in inmerm. · Manufacturers and then: representatives can ptovlde pho ogtaphs of light flxtotes a~ cut sheets" as well as literature confirming the independently te~ted "cut off' chaxacteristim of their products. Photometric layouts for different heights, light sottrcee, and wattagee, arc also a~raileble a~ "IT.S" file*, upon request or through manufacmreta' website~. · "Full cut off" fixtoeee must be installed t~opedy, eo that the bottom of the fixture is level with ~¢ gtotmd · "Fully Shielded" fixmrce do not allow an~, light to be emitted above thc lowest light emitting pazg but do not resttiet [~ht ouCut in the "glare" zone, 90-80 degrees below horizontal * If the manufacturer is unable to provide the "cut oW' characteristics for a fixture (also called a "luminaire"), the following de~alfion need* to be met: "Fully Shidded", which i* a fixture constructed and installed in tach a menne, t that all light emitted by it. tither directly from the lamp (bulb) or a diffusing element, or hidirecdy by reflection or refraction f~om any part of the §xtore, is peojected below the horizontal This can be determined by a "field test": a visual assessment of an operating sample. This is a "RI~VI" stgn lightingehield: Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 10 Resolution 2010-586 FIGURE #2 Board Meeting of July 27, 2010 Unacceptable Fixtures Acceptable Fiximres your logltI electrical suppUers for "full-cut o~~ Ught fixtures or fixtures with thc IDA Seal O£Approval. Diagram.s courtesy of Bob Crelin, http://www, thcgtarebuster, com/ Elizabeth A. Neville Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 11 Resolution 2010-586 Board Meeting of July 27, 2010 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 8/24/2010 10:50 AM by Lynda Rudder Page 12 SOUTHOLD TOWN BOARD PUBLIC HEARING July 27, 2010 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Fiunegan This hearing was opened at 4:35 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29thth day of June 2010, a Local Law entitled "A Local Law in relation to Regulating Exterior Lighting" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27 day of July 2010, at 4:35pm. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting' reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Regulating Exterior Liehtin~". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost-effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town's roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and Regulating Exterior Lighting 2 July 27, 2010 diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. II. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: §136- 1. Title. This chapter shall be known as the "Exterior Lighting Law." §136-2. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination ora broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING - Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHTING - lighting that is mounted, located, lamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior lighting. FIXTURE - The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a "luminalre.' FOOTCANDLE ("FC") - The basic unit of illuminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF ("FCO") - A classification for a luminalre designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoffdesign, allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED - A luminalre constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the Regulating Exterior Lighting 3 July 27, 2010 horizontal. It is the same as a full cutoffluminaim but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING - Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. ILLUMINANCE - The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. IESNA RECOMMENDED PRACTICES - The most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP - The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTING - Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTING - Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION - Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna. LIGHT SOURCE - The light-emitting part or parts of a fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS - Light projected across property lines or into the public right of way when it is not required or permitted to do so. LUMEN - A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. LUMINAIRE - The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNT1NG HEIGHT - The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING - Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). Regulating Exterior Lighting July 27, 2010 4 PARTIALLY SHIELDED - A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW - Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO ("U RATIO") - A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to- minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. §136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, ordinance, code or regulation, the provision or requirement which is the mom restrictive or which establishes the higher standard shall prevail. §136-4. Applicability. A. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. B. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or (2) Any reconstruction, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. §136- 5. Standards for exterior lighting. A. General Requirements: (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned off within ½ hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoff luminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoff luminaires. See Figures 1 and 2 below. B. Placement, height and number of fixtures: (1) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. Regulating Exterior Lighting July 27, 2010 (2) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) 6 8 10 12 16 Lumen Maximums 500 - 1000 lumens 600-1600 lumens 1000 - 2000 lumens 1600 - 2400 lumens 2400 - 6000 lumens (3) All private commercial, institutional and utility existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (4) All proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. Illuminance and type of lamp: (1) No luminalre shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at the property line of a parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. (2) The average illuminance levels listed in the illumination levels for Various Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Building Department or Planning Board may require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established Regulating Exterior Lighting 6 July 27, 2010 either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). (3) High-pressure sodium shall be used for all light sources rated over 1,800 lumens. (4) Streetlights shall be full cutoff high-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70- watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. Ifa light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of "historic" lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. §136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: A. Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency serviees are exempt. B. Lighting of radio, communication 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 this section, and that the provisions of this section are otherwise met. 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 otherwise specifically forbidden under the FAA regulations. C. Holiday exterior lighting is exempt from provisions regarding shielding, location, mounting height and total wattage, but must be turned offby 12:59 a.m. D. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. E. Upward lighting of the American (and/or other governmental) flag in the form of a single ground-mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. F. Recreational lighting: (1) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in §136-5(c)(2). No public recreational facility shall be illuminated after Regulating Exterior Lighting July 27, 2010 7 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. (2) Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in § 136- 5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. §136-7. Prohibitions. The following are prohibited: A. Searchlights, other than those required by law. B. Strobe lights, laser lights, or revolving lighting. C. Blinking, pulsating, tracing or flashing lights. D. Lighting which is used to outline or illuminate a building, structure or window. E. Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures. F. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. G. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and low-pressure sodium. (2) Memury vapor. (3) Neon. (4) Lamps rated higher than 3000 Kelvin in color. H. Unshielded light fixtures, except as permitted herein. §136-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to verify that proposed lighting conforms to the provisions of this chapter: (1) location of each existing and proposed outdoor light fixture; (2) luminalre distribution and type; (3) lamp source type; (4) wattage; (5) mounting height; (6) hours of operation; and (7) lumen output. B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, luminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3) Lamp source type, lumen output, and wattage. Regulating Exterior Lighting July 27, 2010 (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. (5) Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6) Shielding and all mounting details, including pole foundation description. (7) Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, noting the maximum, average and minimum as well as the uniformity ratio of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Distribution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. C. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this chapter. D. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of Appeals. §136-9. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non- residential violations. B. Each continuing day of violation of this chapter shall constitute a separate offense. Regulating Exterior Lighting July 27, 2010 9 C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent j udsdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. We have the copy of the local law which I just paraphrased, we have the notification that it was posted on the Town Clerk's bulletin board out in the lobby. We have notice that it was posted in the Suffolk Times on July 15 of 2010. A copy of the letter from the Suffolk County Department of Planning, 'Pursuant to the requirements of sections A 14- 14 through A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impacts. A decision of local determination should not be construed as either an approval or a disapproval.' I also have a letter from the LWRP coordinator Mark Terry, 'The proposed local law has been reviewed to Chapter 268 Waterfront Consistency Review of the Town of Southold town code and the Local Waterfront Revitalization Program policy standards. Based upon the information Regulating Exterior Lighting 10 July 27, 2010 provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore consistent with the LWRP.' We have a letter from the Planning Board, 'Thank you for the opportunity to provide comments on the proposed local law referenced above. The Planning Board has reviewed the proposed legislation and supports it with the following changes recommended: in section 136-5B, emphasize the concept of using the shortest light poles and the least number of fixtures to safely light an area by rearranging the order in which one through four appear, move 136-5B, 4 to be first, 3 to be second and move current numbers 1 and 2 to be third and fourth. Number two, change section 136-7G number one to allow high pressure sodium. It should not be prohibited and to allow metal halide where it is necessary for safety (face recognition). High intensity discharge including metal halide. Metal halide may be used where it can be demonstrated that it is necessary for safety reasons. Number three, change section 136-7D to exclude permitted signs that might be painted on the wall ora building or other structure: Lighting which is used to outline or illuminate a building, structures or window, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign. And change section 136~7D to exclude permitted signs that might be painted on the wall of a building or other structure: Floodlighting or wall washing lighting which is designed to illuminate the walls of a building or other structures, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign. Number five, holiday lighting: consider removing the calendar restriction to allow for holiday lights at any time of the year, for example Halloween or Fourth of July.' And lastly we have a letter from attorney Pat Moore, 'I was planning on attending today's public heating regarding the proposed legislation, however, due to a prior commitment, I may not be able to attend. I have input on this matter from discussions with architects and engineers. I was planning to make comments at the hearing. I respectfully request that I be allowed to submit written comments regarding the matter after the hearing.' Signed Patricia Moore. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue of the dark skies legislation that is before us? Inaudible: Inaudible comments from audience member. SUPERVISOR RUSSELL: Thank you. UNIDENTIFIED: I live in Jamesport where my wife and I mn Red Barn B & B. I am the chairperson of the Riverhead Town dark skies advisory committee and I am here to show support for the passage of outdoor lighting code under consideration by the Town of Southold. When guests come out to stay at the B & B, it is my pleasure to take them to my observatory and give them a tour of the night sky. As we walk out to the observatory, I point to the dome of light shining up from the west at the horizon and tell them this is the obvious aspect of light pollution. I remind them that the dome of light does not make anything safer here on the ground nor from the sky and is in fact the squandering of electricity and the energy needed to make the light. On a clear transparent Regulating Exterior Lighting 11 July 27, 2010 night, I point to the just barely visible arch of the faint stars that is the Milky Way, the arms of the galaxy that is home to our star, the sun. I remind them how lucky we are to be able to see even in this limited way, our home galaxy and that the vast bulk of the population of the world cannot see our galaxy, our home. It is the scattering of excessive upper directed light from badly installed, badly designed exterior lighting that makes it impossible for most of the world to see our shared home. Isn't that a pity? I would like to draw your attention to an object in this room, the flag. The object, the flag, the stars and stripes, the symbol of our country. As I am sure you know, the field of stars represents our union of 50 states. I took a look at the world atlas at home and counted 68 of the 180 flags in the book and each of these shows one or more stars on the flag. Stars have a lengthy history of symbolizing our highest aspirations and hopes and dreams. Light pollution makes it mostly impossible to see the stars that inspired the people that founded this country. Isn't that a pity? So it is up to Southold to give us and our children and our children's children the chance to see our home galaxy and to have a chance to be inspired. And you can do that by enacting a sane outdoor lighting code that requires dark sky friendly exterior lighting. Thank you. SUPERVISOR RUSSELL: Thank you. ANN HOPKINS: I am Ann Hopkins from Orient and I speak I know on behalf of many residents in Orient who are in whole hearted support. I am delighted to see that this long proposed legislation is coming to fruition. I would like to encourage the town to publicize the legislation and to encourage people with existing lights, even if they are not renovating, remodeling to just put in, I know there are ways in which you can head lights downward. I had a problem with a neighbor with very bright lights and he did modify them somewhat. I am also concerned in the category under exemptions about tower light lighting since I also have a communications tower out back on the fire house that the town worked to enforce the fact that the lighting must conform to FAA regulations but that they should make every effort not to have a lot of bright lightings on towers and perhaps to take down the flag instead of light it at night. But otherwise, I am whole heartedly in favor of this. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment? AARON BURGE: Good afternoon, Supervisor Russell and members of the Board. My name is Aaron Burge and I am vice president for Group for the East End. I work here in Southold. On behalf of the whole group, we would like to thank you for considering the dark sky legislation in Southold Town. For the record, the Group for the East End represents the conservation and community planning interests of several thousand member households and businesses across the five east end towns including several hundred members in Southold Town. We will be submitting today's comments and recommendations relating to the proposed exterior lighting law. Responsible outdoor lighting practices protect the health, safety and welfare of residents while preserving our environment and saving our precious views of the nighttime sky. Not to mention the protection of the nocturnal environment for certain wildlife species such as migrating birds. Southold Town is right to proactively protect its natural, histories and scenic Regulating Exterior Lighting 12 July 27, 2010 resources. Already the Planning Department is requiting dark skies plans on a informal basis and in fact the department's web page provides a document entitled guidelines for good exterior lighting plans, the standard for communities wishing to control light pollution. We recommend that an educational pamphlet be made available to all town citizens to facilitate a greater understanding of the law and the best practices to employ and the Group for the East End offers these services to help make such an educational tool a reality. If the town is not already doing so, it would be beneficial for the building department to provide applicants with the two page flyer titled 'Unacceptable-Acceptable Fixtures' found in the planning departments webpage. This is a self-explanatory, illustrated piece that will prove helpful to citizens, homeowners and businesses to understand which lighting fixtures are compliant. The Group for the East End has long been a supporter of dark skies legislation having worked with the Towns of East Hampton and Southampton's similar laws and would like to thank Southold Town for continuing its efforts to see this adopted. In closing, I would like to remind us all of the importance of the night sky to every parent, grandparent, older sibling who wants to help kids discuss everything from UFO's, Greek mythology to asteroids and satellites passing overhead. For me it was hearing my two year old daughter a few weeks back how brighter the stars were in the sky living out here. We just nearly moved from Oyster Bay, you would think we had moved from Manhattan. Southold and the entire east end is a very special place and part of that is due to our nighttime sky. Let's all work together to keep it that way and thank you for your efforts today. SUPERVISOR RUSSELL: Thank you. MAUREEN CULLINANE: Maureen Cullinane speaking on behalf of North Fork Audubon Society. We applaud the Town for enacting this law and we agree with Group for the East End that educating the public about what is appropriate and what is not appropriate even if they are not bound by the law, would go a long way to improving conditions for humans, wildlife, birds and just viewing the stars. Thank you. SUPERVISOR RUSSELL: Thank you. BENJA SCHWARTZ: Good evening, Supervisor Russell, Town Board. Benja Schwartz, Cutchogue. Thank you for proposing such an important and well-crafted law. I believe it is especially important for Southold even though Southold is the last of the five east end towns to specifically adopt a law such as this. I don't know if there is anybody here from the Custer Institute and the Observatory but, are you planning to speak? Will you be speaking tonight at the hearing? The Custer Institute promotes itself as Long Island's oldest public observatory and I had it on another sheet of paper but I lost it but I think they say they have the darkest skies in Long Island or something. So I think Southold, dark skies in Southold are especially important not just because of the observatory but also because of our maritime, our marine environment and our agricultural environment both of which present beautiful vistas which are particularly sensitive to pollution from wayward lighting. This law is replacing an old law but it doesn't entirely replace the old law. On page 41 of the agenda there is, the old law is struck out and it will no longer be in the code but it will still apply. The process, I have Regulating Exterior Lighting 13 July 27, 2010 to mention that the, feel like the way this law was proposed there was a little, I had a problem with the way it was presented as if it was already decided especially in the Suffolk Times article and it was also presented in a false light, no pun intended. The problem is that they said that Southold dark skies law will grandfather all existing buildings and we are not going to ask anyone to replace fixtures that they already have. Whereas we do have an existing law which provides that outdoor lighting should be shielded so that it is not visible from adjacent properties and roadways and lighting fixtures shall focus and direct light in a manner to contain the light within the property boundaries. The new law is a great improvement on that but it is not going to do the job unless it is applied in conjunction with an effort to perform some code enforcement under the old law of existing problems. Very briefly I could mention three businesses that have been problems in the past, I am not sure whether they have solved their problems but when Lucas Ford first opened their doors they had lighting that was on all night long and it was horrendously bright. Cutchogue Harbor marina also had a problem. Duck Walk vineyards north. There are houses in my neighborhood that are still problems and they have bright, glaring pinpoint bulbs that you can't walk by on the street without going blind. At least temporarily. So I would ask that the old law continue to be applied and I would again just thank the Board for the continuing effort to protect our darkness. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the issue of dark sky legislation? Please. UNIDENTIFIED: Inaudible. I am also the treasurer of the Custer Institute and have been for 30 years and all through those 30 years I watched how well the Town of Southold has helped Custer keep its dark skies. Custer Institute, as many of you must know, is a gem in this community and as Jim pointed out a few minutes ago, it really, really urgent that we keep the skies as dark as we can. In the last few years, we had (inaudible) on Saturday nights with their children and not only had the ability to look through a telescope and see the planets, the Milky Way and the sky out there and revel in it, I mean people who never thought they would see these things. I think Jim mentioned and some of the other speakers mentioned the many other reasons why we need dark skies, not just for astronomers and children who want to look in a telescope but there are so many good reasons. And (inaudible) for the Town of Southold having these regulations which will protect that (inaudible). I appreciate your (inaudible). Thank you. SUPERVISOR RUSSELL: Thank you. KEVIN MCCARRICK: Good evening. My name is Kevin McCarrick, I am a former town councilman in the Town of Brookhaven. I had the pleasure of introducing this very same code in Brookhaven. And as you are well aware, Brookhaven Town is one of the larger towns in our State of New York, one of the largest geographically and actually the population is over 480,000 people. So when we first put this working group together out of our office, to consider how to make this work in our town, we were expecting somewhat of a pushback but we put together a good working group. Scientists, people who were involved in lighting, engineers and in fact, Tom Matigan from the Custer Institute was one of our people, Susan Harder, tremendous resource. And what we found Regulating Exterior Lighting 14 July 27, 2010 when we put our legislation forward it was ratified by the town board and what happened was, we had people immediately come forward and say how happy they were that we were changing this. And in Brookhaven Town, we were in the middle of somewhat of a building boom back in 2006 and yet we still had a very seamless transition into this code. After two terms in office, I decided not to seek reelection and I was asked to be part of the Brookhaven Town's Zoning Board of Appeal. It gives me somewhat of an interesting perspective in that as you know, the Board of Zoning Appeals sees all of the cases that people have hardship or perceived hardship being able to work with the code in any town. In my years on the Board of Zoning Appeals, we had very few cases every come to lighting because in fact lighting very often, for new applications is ground up built brand new, it is very hard to say that there is any type of a hardship, for commercial applications, exterior lighting, these standards were all used throughout the United States and in fact in Europe. We are just taking standards as you are taking standards and applying them and not allowing lighting and fixture companies to over illuminate and just for profit of what they want to do. We are protecting a very big piece of the environment, as you are today. I applaud your action here tonight, it is very, very important legislation. Two comments though, I would like to think that you might consider in the future a sunset provision. In the Town of Brookhaven we do have a sunset provision, in fact, what it asks for that in 10 years that all of the non-conforming lighting become into conformance. That gives people who had existing buildings and structures many years to actually conform with the lighting and having a uniform effect throughout your town. I will say that something I heard tonight is that you are considering from your Planning department the elimination of high pressure sodium and metal halite from the code. I would strongly consider not doing that. They are two of the worse offenders, as far as for identification purposes, it has never been proven that that was really necessary. Most identification purposes are done inside buildings with lighting that is sufficient to do just that. In closing, I applaud you for your action and I am sure that this will make Southold Town as appreciative as Brookhaven Town was when we did it over there. Thank you. SUPERVISOR RUSSELL: Thank you very much. Let me just address the issue of the sunset, you know Southold Town created an alternative and renewable energy committee some years back and what we have been doing regularly is having seminars and hosting forums and we had actually Susan Harder present twice in the town, so we have been trying that educational approach. We think it is working, yes, there are a few offenders out there that Benja just referenced and code enforcement ought to be able to nullify some of that but we are trying to get that compliance and there is nothing like oil at over $100 a barrel to get people to listen to lighting codes. Would anybody else like to address the issue of the dark skies legislation? VICTORIA NORTHRIDGE: My name is Victoria Northridge and we are from Mattituck, we have been coming out here and spending time on the north fork for over 100 years. Now of course we support this and we are surprised that it has taken so long for Southold to enact legislation of this type, we don't think anything should be grandfathered, we think that as many lights should be removed or reduced as possible. Personally of course, it is more difficult to sleep with neighbors with more lights, floodlights, motion activated lights, every raccoon, deer set off throughout the night. It Regulating Exterior Lighting 15 July 27, 2010 changes the experience of being here which is very relaxing, beautiful and very rural. But fundamentally, it is a question of the character of the north fork and this is an area, it is a rural culture and we would like to see that maintained and even go back a little bit, go back to it being darker and darker, the big city to the west and if you want something bright, you don't have to go too far to find it. let's keep it nice and dark the further out east you go. And good for Southold Town, let's pass it. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the issue of dark sky legislation? Heating none. COUNCILMAN KRUPSKI: I would just like to give the Supervisor some credit. He is the one, when first elected, formed the alternative energy committee and that is kind of what is the impetus of what is behind this code change. I would like to thank the alternative energy committee, Frank Wills is the chairman, he is here tonight. He didn't speak but he has been very patient. The first draft of this code was written in 2008 and then we had a bit of a budget crisis and nothing happened for two years but Frank was persistent and relentless and the committee was also and I thank them for their hard work because it finally paid off. JUSTICE EVANS: I move we close this hearing. COUNCILMAN ORLANDO: Do we want to keep it open for written, for Pat? COUNCILMAN KRUPSKI: I would urge the town to approve this tonight. COUNCILMAN TALBOT: I second the motion to close the hearing. SUPERVISOR RUSSELL: I have a motion to close the hearing in its entirety and a second. All in favor? This heating was closed at 5:31 PM Southold Town Clerk m M~RTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 South old, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Date: Subject: RECEIVED MEMORANDUM ,,~, 12 20~0 To: Ms. Sandi Berliner From: Lynne Krauza So~ ~I-J T,~?n C!erl~ Secretary to the Town Attorney August 12, 2010 LL/Regulating Exterior Lighting - SEQRA I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A resolution authorizing Scott to sign this document is also attached hereto. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosures J cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A])plicant or Project Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME Town of Southokl /A Local Law in relation to Regulating Exterior Lighting 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.~ or provide map) Jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modiflcation/alteraflon 6. DESCRIBE PROJECT BRIEFLY: Proposed Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting". 7. AMOUNT OAF LANDAFFECTED: Initially N acres Ulflmately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? L~J Yes [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: HA 10. DOES ACTION NVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~.J Yes LJ No If Yes, list agency(s) name and permit/approvals: Filing with the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L~ Yes [] No If Yes, Iisi agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [-']Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of Southold Town Board Date: 7/26/2010 Signature: If the action is in the Coastal Area, and you are a sta.te agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~enc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED EOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 if No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pagem, solid waste production or disposal; potential for erosion, drainage or flooding problems? Explain briefly: None C2. C3. C4. C5. C6. C7. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None Vegetation or fauna, fish, shelffish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly; None Growth, subsequent developmenl, or related activities likely to be induced by lhe proposed action? Explain briefly: None Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly: None Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~['~ No If Yes, explain briefly: THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectldenti~edab~ve'determinewhetheritissubstantia~~large~imp~rtant~r~therwiseslgnlficant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibifity; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if question D of Pat1 II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the enviren mental characteristics of the CEA. ] you one or more potentially large or significant adverse impacts occur, proceed directly to the LI Check this box have identified which MAY Then FU EAF and/or prepare a positive declaration. ] Checkthisboxifyou havedetermined, basedontheinformafionandanalysisaboveand any supporlingdocumentaflon, thattheproposedacflonWlLI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, lhe reasons suppoffing this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 7/26/2010 Date Supervisor RESOLUTION 2010-584 ADOPTED DOC ID: 6075 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-584 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 27, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "3_ Local Law in Relation to Regulatinl[ Exterior Lighting" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated July 26, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell SUMMARY OF PROPOSED CHAPTER 136 "EXTERIOR LIGHTING" THE PROPOSED LOCAL LAW THAT IS ON FOR PUBLIC HEARING THIS EVENING SETS FORTH A NEW CHAPTER OF THE TOWN CODE, CHAPTER 136 ENTITLED "EXTERIOR LIGHTING", THE INTENT OF WHICH IS TO CONTROL AND REGULATE EXTERIOR LIGHTING THROUGHOUT THE TOWN OF SOUTHOLD; ELIMINATE UNSAFE GLARE THAT CONTRIBUTES TO ACCIDENTS BY HINDERING VISIBILITY; PROMOTE MORE COST EFFECTIVE LIGHTING FIXTURES THAT ARE MORE ENERGY EFFICIENT AND CONSERVES NATURAL RESOURCES; PROTECT LANDOWNERS FROM THE INTRUSIVE EFFECTS OF GLARE AND LIGHT TRESPASS; AND TO PRESERVE THE RURAL CHARACTER OF THE TOWN. SECTION 136-2 OF THE PROPOSED CODE DEFINES VARIOUS TERMS THAT ARE NECESSARY IN REGULATING EXTERIOR LIGHTING INCLUDING, BUT NOT LIMITED TO THE TERMS "FIXTURE," "FOOTCANDLE," "FULL CUTOFF," "ILLUMINANCE," "SKYGLOW" AND "UNSHIELDED FIXTURE." SECTION 136-4 SETS FORTH THE INSTANCES WHERE THE NEW LEGISLATION WILL APPLY AS FOLLOWS: ALL EXTERIOR LIGHT FIXTURES THAT ARE (I) PROPOSED AS PART OF AN BUILDING PERMIT APPLICATION FOR NEW CONSTRUCTION, (11) PROPOSED AS PART OF A SITE PLAN APPLICATION, OR (111) PROPOSED AS PART OF A SUBDIVISION APPLICATION MUST CONFORM WITH THE STANDARDS OF THE PROPOSED CHAPTER ALL EXISTING EXTERIOR LIGHTS ARE DEEMED PRE-EXISTING NONCONFORMITIES WHICH SHALL BE BROUGHT INTO COMPLIANCE UPON THE REPLACEMENT OR RELOCATION OF THE NONCONFORMING FIXTURE OR IN INSTANCES OF RECONSTRUCTION, ADDITION OR OTHER IMPROVEMENTS OF A STRUCTURE, THE COST OF WHICH EQUALS OR EXCEEDS 50% OF THE MARKET VALUE OF THE STRUCTURE BEFORE THE START OF CONSTRUCTION OF THE IMPROVEMENT. STANDARDS FOR ALL EXTERIOR LIGHTING COVERED UNDER PROPOSED CHAPTER 136, INCLUDING GENERAL REQUIREMENTS, STANDARDS REGARDING THE PLACEMENT, HEIGHT AND NUMBER OF FIXTURES, AND ILLUMINANCE AND TYPE OF LAMP ARE SET FORTH IN SECTION 136-5. SECTION 136-6 LISTS LIGHTING THAT IS EXEMPT OR PARTIALLY EXEMPT FROM PROPOSED CHAPTER 136. SOME EXAMPLES OF EXTERIOR LIGHTING THAT IS EXEMPT INCLUDES VEHICULAR LIGHTS, TEMPORARY LIGHTING ASSOCIATED WITH NIGHTTIME ROADWORK, LIGHTING OF RADIO, COMMUNICATION AND NAVIGATION TOWERS, HOLIDAY EXTERIOR LIGHTING, AND LIGHTING OF FLAGS. EXTERIOR LIGHTING THAT IS PROHIBITED, INCLUDING, BUT NOT LIMITED TO SEARCHLIGHTS, STROBE LIGHTS, BLINKING LIGHTS AND FLOODLIGHTING ARE SET FORTH IN SECTION 136-7. SECTION 136-8 SETS FORTH THE ADDITIONAL INFORMATION THAT WILL BE REQUIRED IN BUILDING PERMIT AND SITE PLAN APPLICATIONS UNDER THE PROPOSED REGULATIONS, AS WELL AS DESIGNATING THE ZONING BOARD OF APPEALS TO HEAR APPEALS FROM THE REQUIREMENTS OF THIS CHAPTER. SECTION 136-9 SETS FORTH PENALTIES FOR OFFENSES WHICH INCLUDE FINES SET AT $150 FOR RESIDENTIAL VIOLATIONS AND $750 DOLLARS FOR COMMERCIAL VIOLATIONS FOR EACH SEPARATE OFFENSE. THE FULL TEXT OF THE PROPOSED LOCAL LAW HAS BEEN AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. Post Office Box 569 Bridgehampton, NY 11932 Tel: 631.537.1400 Fax: 631.537.2201 UP FOR T~T END Post Office Box 1792 Southold, NY 11971 Tel: 631.765.6450 Fax: 631.765.6455 President Robert S. DeLuca Chairman William S. McChesney, Jr. Vice Chairman Ann Colley aard Members rris A. Barer Katherine Leahy Birch W. Marco Birch Bryan Mark Burchill Andrew 6oldstein Mark A. Hissey Oregory Hoogkamp Ronald S. Lauder Sandra R. Meyer Christopher Pia Dee Dee Ricks Peter Schellbach John Shea e ohn C. Waddell ary Walker July 25, 2010 Supervisor Scott Russell & Members of the Southold Town Board Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re: A Local Law in Relation to Exterior Lighting Dear Supervisor Russell & Members of the Board, On behalf of Group for the East End, please accept the following comments and recommendations relating to the proposed exterior lighting law. Responsible outdoor lighting practices protect the health, safety and welfare of residents while preserving our environment and saving our precious views of the nighttime sky. Southold Town is right to proactively protect its natural, historic and scenic resources. Group for the East End strongly supports the proposed local law and recommends its enactment with the following recommendations. Recommendations: 1) Educational Pamphlet - The Town's Planning Department website provides great information regarding lighting guidelines. It would also be beneficial to have a pamphlet or flyer accessible to all residents and business owners throughout the Town. Perhaps it could be placed in several locations within Town Hall. This would help facilitate a greater understanding of the law and the issue in general. z) Fixture Handout - If the Town is not already doing so, it would be beneficial for the Building Department to provide applicants with the two page flyer titled, "Unacceptable - Acceptable Fixtures" (found in the Planning Department's webpage}. This is a self-explanatory illustrated We protect and restore the environment of eastern Long Island through education, citizen action anc~ public advocacy. founded in 1972 www.oroupfortheeastend.org GPd UP FOR T~T END piece that will facilitate a better understanding of which lighting fixtures are compliant. 3) Pre-existing LIPA Fixtures - In order to reduce roadway glare and redirect the existing lighting in the appropriate manner we recommend the following provision be added to the legislation. This amendment would come at no additional monetary cost to the Town. Additional]y, LIPA has worked with neighboring Towns to comply with this provision. Section 136-5. B3. of the proposed legislation alludes to prohibitions for "existing utility" lighting but is not as specific as the following: All LIPA leased pre-existing non-con forming fixtures shall be removed, replaced or retrofitted on or before August 1, 2015. All replacement or retrofitted lighting shall meet the followin9 requirements: a. Full-cutoff fixtures and shields shall be installed so that the light source is not visible from any adjacent roadway or by private property other then that on which the lessee is located. Additionally, prohibitions should be placed on the type of lamp fixture and maximum light emitting from the source as mentioned in Section 136-7. G, of the proposed code. The Group has long been a supporter of dark skies legislation and would like to thank Southold Town for its continued efforts to see it adopted. Thank you for taking the time to review my comments. If you have any questions or concerns please feel free to contact me at your convenience. I can be reached at (631) 765-6450 or at ihartna~el(~eastendenvironment.org. Environmental Advocate GPO UP [-OR T~T [ND Cc: Heather Lanza, Planning Director Martin Finnegan, Town Attorney Zimbra hnp://mail-5.01 .com/zimbra/h/printmessage?id-- 10698 Zimbra acvirginOeastendenvlmnmenl~mg _+ Font size Fw: I lAL/$upportFor" DarkSkies" LegislationlnSoutholdTown From: ~ Deluca <bdeluca~eastendenvironment.org> Tue Jul 27 2010 1:58:41 Pt4 Subject: Fw: MALJ~pporb%r"DarkSIdes"LegistationInSeetholdTown To: ac~rgJn~easLendenvironment.org FYI - help from an odent supporter - BD From: ma~Tannlib85~aol.com To: supervis~mwn.southold.ny.us CC: bdeluca ~_.astendenvironment. org Sent: Tee Jul 27 12:44:03 2010 Subject: IqA [JSuppor t For"Da r~" Legislation[rrSoutholdTown Dear supemsor Russell: I'm wri§ng in support of ~ Group For ~ East End's position with respect to "Dark Skies" legislation for Smthold Tov~. E~erything we citizens can do to preser~ our beauf~ful en~iro~nent in Southold Town is a neeee~bj at this §me in our history. E~ry f~me we drive out to Odent v~a FJdt 71 and ~e Truck Route at night, I'm always struck by the glare in the nJghtsky t see across the fields in R~verhead. I would no~ want to see ~at giare dup~cated in Southold Town. Pie. am feel free to share this latter with your co~agues on ~e Southold Town Board. Thank you. Sincerely, MaryAnn Liberatore 1 of 1 7/27/2010 3:16 PM 07/27/2010 15:45 FAX 631 765 4643 MOORE LAW OFFICES ~002 PATRICIA C. MOORE Attorney at Law Main Road 51020 Main Road $outhold, New York 11971 Tel: (631) 765-4330 Fax: (63 l) 765-4643 July 27, 2010 RECEIVED BY FAX TO 765-6145 Elizabel;h Neville Southol,'l Town Clerk Southold Town Hall Main R0)ad Southold, NY 11971 JUL 2 7 2010 ~outhold Town Cle~i~ RE: Town Board hearing Dear Ms. Neville: 1 was planning on attending today's Town Board hearing regarding the proposed legislation for exterior lighting. However, due to a prior commitment, I may not be able to altend. I have input on this matter from discussions with architects and engineers. I was planning to make comments at the hearing. I respectfully request that I be allowed to submit written comme:ats regarding this matter after the hearing. I thank you for your kind consideration of my request. Very truly yours, Patricia C. Moore PCM/mr 07/27/2010 15:45 FAX 631 765 4643 MOORE LAW OFFICES ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED dUL 2 7 2~010 ~o,~lhold ]'ow~ Cler~ FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C. Moore. This information is in~ended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. T- 0 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS AS POSSIBLE. CLIENT NAME: OPERATOR: FAULTY OR INCOMPLETE, PLEASE CALL ~ACK AS SOON PLANNING BOARD MEMBERS MARTIN II. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPII L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: Scott Russell, Town Supervisor Members of the Town Board Martin Sidor, Chairman, Planning Board July 26, 2010 Proposed Local Law: A Local Law in relation to Re,qulatin.q Exterior Li.qhtin.q Thank you for the opportunity to provide comments on the proposed Local Law referenced above. The Planning Board has reviewed the proposed legislation and supports it with the following changes recommended: tn §136-5 B, emphasize the concept of using the shortest light poles and he least number of fixtures to safely light an area by rearranging the order in which (1) through (4) appear. Move §136-5 B. (4) to be first, (3) to be second, and move current numbers (1) & (2) to be third and fourth. 2. Change section 136-7 G. (1) to allow High Pressure Sodium (it should not be prohibited) and to allow metal halide where it is necessary for safety (face recognition): "High-intensity discharge, including metal halide. Metal Halide may be used where it can be demonstrated that it is necessary for safety ,r,i~as°ns'" ange section 136-7 D. to exclude permitted signs that might be painted the wall of a building or other structure: '~' "Lighting which is used to outline or illuminate a building, structure or window, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign, and ." 4. Change section 136-7 D. to exclude permitted signs that might be painted on the wall of a building or other structure: "Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures, except to light a permitted sign, where such light will be focused downward from above and is lighting only the sign." 5. Holiday Lighting: Consider removing the calendar restriction on holiday lighting to allow for holiday lights at any time of year (e.g. Halloween or Fourth of July). cc: Town Clerk Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State l~ute 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGH, AM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator RECEIVED ,JUL 2 7 3)!0 $oofhofd Town (;lerk Date: July 26, 2010 Re: A Local Law entitled, "Local Law in relation to Re.qulating Exterior Li.qhtinR". The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LVVRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A 1. APPLICANT/SPONSOR Town of' Southold )plicant or Project Sponsor) 2. PROJECT NAME A Local Law in relation to Regulating Exterior Lighting 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Jurisdictional limits of' the Town of Southold 5. PROPOSEOACTION IS: [] New [] Expansion [] Modi§c~tion/alteration 6. DESCRIBE PROJECT BRIEFLY: Proposed Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting". 7. AMOUNT OF LAND AFFECTED: Initially NA acres Ulli,.a[uly NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT ms PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agflculture [] PanVJFomst/Open Space [] Olher Describe: HA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes L_I No If Yes, list agency(s) name and permit/approvals: Filing with the New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: N^ 42. As A RESU'T OF PROPOSED ACT,O. X,ST,NG PERM.T APPROVAL REGU,RE MOD,FiCAT.ON? r-]Yes r-]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of Southold Town Board Date: 7/')6/20 ]0 Signature: If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 If yes, coordinate the review process and use the FULL FAF. r~l Yes r~No B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED EOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [~] Yes r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOVVING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: None C3. Vegetation or fauna, tish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: None (4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain b~iefly: None C6. Long term, short term, cumulative, or other effects not identified in CI-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly: None WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~ ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~ge, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adveme impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or mom potentially ladle or significant adverse impacts which MAY occur. Then proceed directly to the FULt FAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supperting documentation, that the proposed action WILt NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, ~ masons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 7/26/2010 Date Supervisor ".""."' RECEIVED JUL 2 0 2010 ~outhoH ]'own Clerk DEPARTMENT OF PLANNING __63~-$53-4044 $ C P[_~NZNS DEPT COUNTY OF SUFFOLK STEVE tJ~VY SUFFOLK COUNTY EXECUTIVE July 20, 2010 PAGE THOMAS A, ISLES, A_I.C.P DIRECTOR OF [~LANNING Town of Southold PO Box ] 179 $outhold, ]New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Resolution No.: Public Heaxing Date: S.C.P.D. File No.: To*m of Southold Amendmcnt~ Chapter 83 "Animals"; Chapter 136 "B,x-teriox Liglfdng Lav~' 2010471 & 2010-470 July 27, 2010 SD-10-LD Dea~ Ms. N¢',illet pm-~uant to the requ/remems of Sections A14-14 thru A14-25 of thc Suffolk Cotmty Administrative Code, the above refe~ence~l application which ha~ been submitted to Lhe Snffolk Couaty Plarm.[ng Commission is cor~id~ed to be a matter for looal d~tgmdnation a~ the~¢ is no apparent significant ooumy-wide or inter-community impact(s), A decision of local determination should uot be construed as either an approval or disapproval. Very truly yom, Thomas A- Isles, AIcP Chief Plarmcr APF:d~ JUL 2 0 2010 LOCATION H, LEE DENNISON ELD(:;;, -~,TH FLOOR 100 VETERANS MFJ~ORIAL HIGHWAY MAILING ADDR~e8 P. O. BOX ClOD HAUPPAUGE_ NY 117~8,.0099 TELECOPIER iS31) l 'd 696'0N ~VO¢:OI.OLOg'O~'$~F LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29thth day of June 2010, a Local Law entitled ".__~A Local Law in relation to Regulating Exterior Lighting" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27 day of July 2010, at 4:35pm. at which time all interested persons will be given an opportunity to be heard. The following is a summary of the proposed Local Law. For a full text, please visit the Southold Town Website at southoldtown.northfork, net or pick up a copy at the Town Clerk's Office, Town Hall, 53095 Route 25, Southold, during regular business hours: Monday through Friday, 8:00 am to 4:00 pm. The proposed Local Law sets forth a new chapter of the Town Code; Chapter 136 entitled "Exterior Lighting". The intent of which is to control and regulate exterior lighting through the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost effective lighting fixtures that are more energy efficient and conserves natural resoumes; protect landowners from the intrusive effects of glare and light trespass; and to preserve the rural character of the town. Section 136-2 of the proposed law defines various code terms that are necessary in regulation exterior lighting including, but not limited to the terms "Fixture," "Footcandle," "Full Cutoff, ' Illuminance," "Skyglow" and "Unshielded Fixture". Section 136-4 sets forth the instances where the new legislation will apply as follows: 1. All exterior light fixtures that are (I) proposed as part of a building permit application for new construction, (II) proposed as part of a site plan application, or (lid proposed as part of a subdivision application, must conform with the standards of the proposed chapter. 2. All existing exterior lights are deemed pre-existing non-conformities which shall be brought into compliance upon the replacement or relocation of the nonconforming fixture or in instances of reconstruction, addition or other improvements of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. Standards for all exterior lighting covered under proposed Chapter 136, including general requirements, standards regarding the placement, height and number of fixtures, and illuminance and type of lamp are set forth in Section 136-5 Section 136-6 lists lighting that is exempt or partially exempt from proposed Chapter 136. Some examples of exterior lighting that is exempt includes vehicular lights, temporary lighting 9852 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 15th dayof July, 2010. lerk' 'p Sworn to before me this dayof OlO. ~'-~' CWo' 'r:i~,~ VOLINSKI NOTARY ~ q' :,~ ~ OF NEWYORK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29thth day of June 2010, a Local Law entitled "A Lo- New York, on the 27 day of July ZOIO, at 4:35 p.m. at which time ag interested persons will be given an opportuniiy to be heard. The following is a summary of the proposed Local Law. For a full text; · please visit the Southold Town Website at southoldlown.northfork.net or pick up a copy at the Town Clerk's Office, Town Hall, 53095 Route 25, Southold, during regular business hours: Monday through Friday, 8:00 a.m. to 4:00 p.m. The proposed Local Law sets forth a new chapter of the Town Code; Chapter 136 entitled "Exterior Lighting". The intent of which is to control and regu- late exterior lighting through the Town of SOuthold; eliminate tmsafe glare that contributes to accidents by hindering visibility; promote mole cost effective lighting fixtures that are more energy ef- ficient and conserves natural resources; protect' landowners from the intrusive effects of glare and Iight trespass; and to preserve the rural character of the town. Section 136-2 of the proposed law defines various code terms that are nec- essary ih regulation exterior lighting including, but not limited to the terms "Fur ture," "Footcandle," "Full Cutoff, 'Il- luminance," "Skyglow" and "Unshialded Fixture". Section 136-4 sets forth the instances where the new legislation will apply as follows: 1. All exterior light fixtures that are (I) proposed as part of a building permit application for new construction, (II) proposed as part of a site plan applica- tion, or (Ill) proposed as part of a sub- division application, must conform with the standards of the proposed chapter. 2. All existing exterior lights are deemed pre-existing non-conformifies which shah be brought intb compliance upon the replacement or relocation of the nonconforming fixture or in instanc- es bf reconstruction, addition or other improvements of a structure, the cost of which equals or exceeds 50% of the mar- ket value of the structure before the start of construction of the improvement. Standards for all exterior lighting covered under proposed Chapter 136, including general requirements, stan- dards regarding the p!acement, height and number of fixtures, and illuminanee and type of lamp are set forth in Section 136-5 Section 136 6 lists lighting that is ex- empt or partially exempt from proposed Chapter 136. Some examples of exterior lighting that is exempt includes vehicu- lar lights, temporary lighting associated with nighttime roadwork, lighting of ra- dio, communication and navigation tow- ers, holiday exterior lighting and lighting Exterior lighting that is prohibited, including,but not limited to searchligh~ strobe lights, blinking lights and flood- lighting are set forth in Section 136-7. Section 136-8 sets forth the additional information that will be required 'in Building Permit and Site Plan applica- tions under the proposed regulations, as well as designating the Zoning Board of Appeals to hear appeals from the re- quirements of this chapter. Section 136-9 sets forth penalties for offenses which include fines set at $150 for residential violations and $750 for commercial rio; lations for each separate offense. Dated: June 29, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk associated with nighttime roadwork, lighting of radio, communication and navigation towers, holiday exterior lighting and lighting of flags. Exterior lighting that is prohibited, including, but not limited to searchlights, strobe lights, blinking lights and floodlighting are set forth in Section 136-7. Section 136-8 sets forth the additional information that will be required in Building Permit and Site Plan applications under the proposed regulations, as well as designating the Zoning Board of Appeals to hear appeals from the requirements of this chapter. Section 136-9 sets forth penalties for offenses which include fines set at $150 for residential violations and $750 for commercial violations for each separate offense. Dated: June 29, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON July 15~ 2010, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO E! ~IZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board ZBA Town Board Members Building Dept. Town Attorney Planning Bd STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the /~, '~ day of..2'~c( , 2010, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Regulating exterior lighting Elizabeth A. Neville Southold Town Clerk Sworn before me this ~O day of ~ ,2010. lXY'otary Pul~c LINDA J COOPER NOTARY pUBLiC, State of New York NO 01C04822563, Suffolk Coun,t¥") TetOn Expires December 31, 20 /~' LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29thth day of June 2010, a Local Law entitled "A Local Law in relation to Regulating Exterior Li~,hting" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27 day of July 2010, at 4:35pm. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Regulating Exterior Lighting". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost-effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town's roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. II. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: {}136- 1. Title. This chapter shall be known as the "Exterior Lighting Law." §136-2. Definitions. Resolution 2010-470 Board Meeting of June 29, 2010 Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING - Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHTING - lighting that is mounted, located, lamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior lighting. FIXTURE - The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a "luminaire." FOOTCANDLE ("FC") - The basic unit of illuminance (the mount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF ("FCO") - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED - A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 2 Resolution 2010-470 Board Meeting of June 29, 2010 distribution below the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING - Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. ILLUMINANCE - The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. IESNA RECOMMENDED PRACTICES - The most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP - The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTING - Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTING - Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION - Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna. LIGHT SOURCE - The light-emitting part or parts of a fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS - Light projected across property lines or into the public right of way when it is not required or permitted to do so. LUMEN - A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. LUMINAIRE - The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 3 Resolution 2010-470 Board Meeting of June 29, 2010 bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNTING HEIGHT - The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING - Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). PARTIALLY SHIELDED - A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW - Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO ("U RATIO") - A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to- minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:l for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. {}136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. §136-4. Applicability. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully inslalled prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 4 Resolution 2010-470 Board Meeting of June 29, 2010 (2) Any reconstruction, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. §136- 5. Standards for exterior lighting. A. General Requirements: (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned off within ½ hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoff luminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoff luminaires. See Figures 1 and 2 below. B. Placement, height and number of fixtures: (1) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. (2) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) 6 8 10 12 16 Lumen Maximums 500 - 1000 lumens 600-1600 lumens 1000 - 2000 lumens 1600 - 2400 lumens 2400 - 6000 lumens (3) All private commercial, institutional and utility existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (4) All proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. C. Illuminance and type of lamp: Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 5 Resolution 2010-470 Board Meeting of June 29, 2010 (1) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall, any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at the property line of a parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. (2) The average illuminance levels listed in the illumination levels for Various Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Building Department or Planning Board may require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). (3) High-pressure sodium shall be used for all light sources rated over 1,800 lumens. (4) Streetlights shall be full cutoff high-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70- watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. If a light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of"historic" lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. {}136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 6 Resolution 2010-470 Board Meeting of June 29, 2010 Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency services are exempt. Lighting of radio, communication 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 this section, and that the provisions of this section are otherwise met. 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 otherwise specifically forbidden under the FAA regulations. Holiday exterior lighting is exempt from provisions regarding shielding, location, mounting height and total wattage, but must be turned off by 12:59 a.m. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. Upward lighting of the American (and/or other governmental) flag in the form of a single ground-mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. Recreational lighting: (1) (2) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in §136-5(c)(2). No public recreational facility shall be illuminated after 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in § 136- 5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. {}136-7. Prohibitions. The following are prohibited: A. Searchlights, other than those required by law. B. Strobe lights, laser lights, or revolving lighting. Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 7 Resolution 2010-470 Board Meeting of June 29, 2010 C. Blinking, pulsating, tracing or flashing lights. D. Lighting which is used to outline or illuminate a building, structure or window. Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and (2) (3) (4) low-pressure sodium. Mercury vapor. Neon. Lamps rated higher than 3000 Kelvin in color. H. Unshielded light fixtures, except as permitted herein. §136-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to verify that proposed lighting conforms to the provisions of this chapter: (~) (2) (3) (4) (5) (6) (7) location of each existing and proposed outdoor light fixture; luminaire distribution and type; lamp source type; wattage; mounting height; hours of operation; and lumen output. B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, luminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3) Lamp source type, lumen output, and wattage. (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 8 Resolution 2010-470 ($) Board Meeting of June 29, 2010 Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6) Shielding and all mounting details, including pole foundation description. (7) Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, noting the maximum, average and minimum as well as the uniformity ratio of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Distribution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this chapter. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of Appeals. §136-9. Penalties for offenses. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non- residential violations. Each continuing day of violation of this chapter shall constitute a separate offense. Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 9 Resolution 2010-470 Board Meeting of June 29, 2010 In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. A · ' light and g!arc IlL SEVER_ABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 10 RESOLUTION 2010-470 ADOPTED DOC ID: 6012 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-470 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2010, a Local Law entitled "A Local Law in relation to Regulating Exterior Lighting" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27th day of July, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Regulatine Exterior Li~,hting" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Regulatin~ Exterior Lighting,". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost-effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town's roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. II. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: §136- 1. Title. Resolution 2010-470 Board Meeting of June 29, 2010 This chapter shall be known as the "Exterior Lighting Law." §136-2. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING - Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHT1NG - lighting that is mounted, located, iamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior lighting. FIXTURE - The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a "luminaire." FOOTCANDLE ("FC") - The basic unit of illuminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF ("FCO") - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80o up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED - A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 2 Resolution 2010-470 Board Meeting of June 29, 2010 refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING - Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. ILLUM1NANCE - The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." IESNA - Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. IESNA RECOMMENDED PRACTICES - The most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP - The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTiNG - Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTING - Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION - Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna. LIGHT SOURCE - The light-emitting part or parts of a fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS - Light projected across property lines or into the public right of way when it is not required or permitted to do so. LUMEN - A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 3 Resolution 2010-470 Board Meeting of June 29, 2010 LUMINAIRE - The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNTING HEIGHT - The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING - Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). PARTIALLY SHIELDED - A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW - Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO ("U RATIO") - A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. §136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. §136-4. Applicability. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 4 Resolution 2010-470 Board Meeting of June 29, 2010 (2) Any reconstruction, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. §136- 5. Standards for exterior lighting. A. General Requirements: (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned off within ~A hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoff luminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoff luminaires. See Figures I and 2 below. B. Placement, height and number of fixtures: (1) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. (2) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) 6 8 10 12 16 Lumen Maximums 500 - 1000 lumens 600-1600 lumens 1000 - 2000 lumens 1600 - 2400 lumens 2400 - 6000 lumens (3) All private commercial, institutional and utility existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (4) All proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. C. Illuminance and type of lamp: (l) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 5 Resolution 2010-470 Board Meeting of June 29, 2010 property. The maximum illuminance at the property line of a parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. (2) The average illuminance levels listed in the illumination levels for Various Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Building Department or Planning Board may require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). (3) High-pressure sodium shall be used for all light sources rated over 1,800 lumens. (4) Streetlights shall be full cutoff high-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70-watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. Ifa light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of "historic" lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. §136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency services are exempt. Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 6 Resolution 2010-470 Board Meeting of June 29, 2010 B. Lighting of radio, communication 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 this section, and that the provisions of this section are otherwise met. 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 otherwise specifically forbidden under the FAA regulations. Holiday exterior lighting is exempt from provisions regarding shielding, location, mounting height and total wattage, but must be turned off by 12:59 a.m. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. Upward lighting of the American (and/or other governmental) flag in the form of a single ground-mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. Recreational lighting: (1) (2) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in §136-5(c)(2). No public recreational facility shall be illuminated after 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in § 136-5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. {}136-7. Prohibitions. The following are prohibited: A. Searchlights, other than those required by law. B. Strobe lights, laser lights, or revolving lighting. C. Blinking, pulsating, tracing or flashing lights. D. Lighting which is used to outline or illuminate a building, structure or window. Floodlighting or "wall washing" lighting which is designed to illuminate the walls of a building or other structures. Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 7 Resolution 2010-470 Board Meeting of June 29, 2010 F. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and low- (2) (3) (4) pressure sodium. Mercury vapor. Neon. Lamps rated higher than 3000 Kelvin in color. H. Unshielded light fixtures, except as permitted herein. §136-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to .verify that proposed lighting conforms to the provisions of this chapter: (1) (2) (3) (4) (5) (6) (7) location of each existing and proposed outdoor light fixture; luminaire distribution and type; lamp source type; wattage; mounting height; hours of operation; and lumen output. B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, laminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3) Lamp source type, lumen output, and wattage. (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. (5) Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6) Shielding and all mounting details, including pole foundation description. (7) Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 8 Resolution 2010-470 Board Meeting of June 29, 2010 noting the maximum, average and minimum as well as the uniformity ratio of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications ("cut sheets") with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Distribution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this chapter. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of Appeals. {}136-9. Penalties for offenses. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non-residential violations. B. Each continuing day of violation of this chapter shall constitute a separate offense. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 9 Resolution 2010-470 Board Meeting of June 29, 2010 IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Kmpski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell ABSENT: Louisa P. Evans Updated: 6/30/2010 10:38 AM by Lynda Rudder Page 10