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V. Outdoor Lighting
Statement of Need and Purpose
The intent of this lighting ordinance is directed toward preserving the rural character of the town. protecting the residents from light trespass pollution.
Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's night time character, and helps provide security. New lighting technologies have produced lights that are extremely powerful. Improperly installed, these lights may create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems.
Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. There is a need for a lighting ordinance that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation so as to help maintain and complement the Town's character. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the Town of Nottingham.
This ordinance is intended to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor_lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the Town of Nottingham. All business, residential, and community driveway, sidewalk, and property luminaries should be installed with the idea of being a "good neighbor", with attempts to keep unnecessary direct light from shining onto abutting properties or streets.
REGULATIONS
All public and private outdoor lighting installed in the Town of Nottingham shall be in conformance with the requirements established by this Ordinance. All previous Nottingham bylaws and ordinances regarding outdoor lighting are replaced with this ordinance.
A. CONTROL OF GLARE--LUMINAIRE DESIGN FACTORS
1. Any luminaire with a lamp or lamps rated at a total of MORE than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than 900 lumens, shall not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire.
2. Any luminaire with a lamp or lamps rate at a total of MORE than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than 900 lumens, shall be mounted at a height equal to or less than the value (D/3), where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 25 feet.
B. EXCEPTIONS TO CONTROL OF GLARE
1. Any luminaire with a lamp or lamps rated at a total or 1800 lumens or LESS, and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or LESS, may be used without restriction to light distribution or mounting height, except that if any spot of flood luminaire rated 900 lumens or LESS is aimed, directed, or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
2. Luminaires used for public_roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.
3. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article.
4. All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this article.
5. Law Governing Conflicts. Where any provision of federal, state, county, or town statutes, codes, or laws conflicts with any provision of this code, the most restrictive shall govern unless otherwise regulated by law.
C. OUTDOOR ADVERTISING SIGNS
1. Illumination Standards
(a) Signs may be illuminated only by externally mounted white light sources.
(b) Lighting fixtures used to illuminate an outdoor advertising sign shall be externally mounted on the top of the sign structure.
(c) All such fixtures shall comply with the shielding requirements of Section A.
(d) Bottom_mounted outdoor advertising_sign lighting shall not be used.
(e) No neon or tubular gas filled signs shall be allowed.
(f) No flashing or animated signs or signs with visible moving parts or intermittent lighting to create a visual effect of movement shall be permitted.
(g) Signs shall be illuminated only during business hours.
D. RECREATIONAL FACILITIES
Any light source permitted by this Code may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met:
1. All fixtures used for event lighting shall be fully shielded as defined in Section A of this Code, or be designed or provided with sharp cut_off capability, so as to minimize up_light, spill_light, and glare.
2. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. where circumstances prevented concluding before 11:00 p.m.
E. PROHIBITIONS
1. Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.
2. Searchlights. The operation of searchlights for advertising purposes is prohibited.
F. TEMPORARY OUTDOOR LIGHTING
Any temporary outdoor lighting that conforms to the requirements of this Ordinance may be allowed. Nonconforming temporary outdoor lighting may be permitted by the Board of Selectmen after considering: (1) the public and/or private benefits that will result from the temporary lighting; (2) any annoyance or safety problems that may result from the use of the temporary lighting; and (3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Board of Selectmen, who shall consider the request within 30 days at a duly called meeting of the Board of Selectmen or their designee. Prior notice of the meeting of the Board of Selectmen shall be given to the applicant. The Board of
Selectmen shall render its decision on the temporary lighting request within two weeks of the date of the meeting. A failure by the Board of Selectmen to act on a request within the time allowed shall constitute a denial of the request.
G. AUTHORIZATION FOR INSTALLATION OF PUBLIC AREA AND ROAD WAY LIGHTING
1. Installation of any new public_area and roadway lighting fixtures other than for traffic control shall be specifically reviewed and approved by the Board of Selectmen or its representative. A public hearing shall be held to describe the proposal and to provide an opportunity for public comment.
H. DEFINITIONS
For the purposes of this Ordinance, terms used shall be defined as follows:
Direct Light: Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
Flood or Spot light: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
Fully_shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.
Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness.
Grandfathered luminaires: Luminaires not conforming to this code that were in place at the time this code was voted into effect. When an ordinance "grandfathers" a luminaire, it means that such already_existing outdoor lighting does not need to be changed unless a specified period is specified for adherence to the code.
Height of Luminaire: The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct_light_emitting part of the luminaire.
Indirect Light: Direct light that has been reflected or has scattered off of other surfaces.
Lamp: The component of a luminaire that produces the actual light.
Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
Lumen: A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this Ordinance, the lumen_output values shall be the INITIAL lumen output ratings of a lamp. Listed below are typical watts to lumens conversion values.
Luminaire: This is a complete lighting system, and includes a lamp or lamps and a fixture.
Outdoor Lighting: The night_time illumination of an outside area or object by any man_made device located outdoors that produces light by any means.
Temporary outdoor lighting: The specific illumination of an outside area of object by any man_made device located outdoors that produces light by any means for a period of less than 7 days, with at least 180 days passing before being used again.
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