Public Notice: Town of Riverhead — Hearing to to amend Chapter 301, entitled "Zoning and Land Development”of the Riverhead Town Code.

Event Date: 
Tue, 04/03/2018 - 2:10pm - 2:30pm

TOWN OF RIVERHEAD

 NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 3rd day of April, 2018 at 2:10 o'clock p.m. to amend Chapter 301, entitled "Zoning and Land Development”of the Riverhead Town Code.

Be it enacted by the Town Board of the Town of Riverhead as follows:

CHAPTER 301

Zoning and Land Development

Article XLIX: Exterior Lighting 

§ 301-259.  Exterior lighting standards.

A. General standards.

 

(1) All exterior lighting shall be designed, located and lamped in order to prevent:

 

(a) Overlighting;

(b) Energy waste;

(c) Glare;

(d) Light trespass;

(e) Skyglow.

 

(2)  All nonessential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor-activated lights are encouraged to replace existing lighting that is desired for security purposes.

 

(3) Canopy lights, such as service station lighting, shall be fully recessed and full cutoff luminaries so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties.

 

(4) Area lights. All area lights shall be full-cut-off-type luminaires.

 

(5)The Long Island Power Authority shall not install any luminaires after the effective date of this article that light the public right-of-way.

B. Type of luminaires.

 

(1)  All exterior lighting, with an exemption granted to municipal recreational fields, rated to be lamped at greater than 1,800 lumens (100 watts incandescent) and greater shall use full cutoff luminaires as determined by photometry test or certified by the manufacturer and installed as designed with the light source directed downward. Municipal recreational fields, at a minimum, shall utilize partially shielded fixtures to direct light to the field of play, and to minimize upglow and light trespass.

 

(2)  All exterior light fixtures rated to emit 1,800 lumens (100 watts incandescent) and less, regardless of the number of lamps, shall use fully shielded fixtures (See Figure 1.) and shall be installed as designed. (See Figure 1.[1])

[1]   Figure 1 is included as an attachments to this chapter.

(3)  Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited.

C.Exempt exterior lighting. The following types of exterior lighting are exempt from the provisions of this section:

 

(1) Holiday lighting lit between November 15 and January 15 of the following year.

 

(2) Motion-sensor-activated luminaires, provided:

 

(a)They are fully shielded and located in such a manner as to prevent glare and lighting onto properties of others or into a public right-of-way;

 

(b)The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased;

 

(c) The luminaire shall not be triggered by activity off the property; and

 

(d)The luminaire, regardless of the number of lamps, does not exceed 1,800 lumens and is not rated to exceed 100 watts.

 

(3)  Vehicular lights and all temporary emergency lighting needed by the Fire and Police Departments, or other emergency services.

 

(4) Uplighting for flags, provided the flag is not used for advertising and the total maximum lumen output is 1,300 lumens.

 

(5) Lighting of radio, communications and navigation towers, 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 article, and that the provisions of this article are otherwise met.

 

(6)  Runway lighting. Lighting on any landing strip or runway, 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 article.

 

(7)  Neon lights. Neon lights as permitted pursuant to Article XLVIII, Signs, of this chapter.

 

(8)  Residential landscape lighting as defined herein, provided the lamp or lamps are not visible across property lines and, in addition, are not triggered by a dusk-to-dawn timer.

 

D. Prohibited exterior lighting. The following types of lighting are prohibited:

 

(1) Searchlights, except those used for governmental, emergency and law enforcement purposes.

 

(2) Strobe lights, laser lights, or revolving lighting.

 

(3) Neon lights, except as legally permitted.

 

(4) Blinking, pulsating, tracing, or flashing lights, unless temporarily triggered by a security system.

 

(5)Any light fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational markers.

(6)Lighting that is determined by municipal law enforcement personnel to contribute to disabling or distracting glare into a public roadway.

 

(7) Any light fixture located within a designated nature preserve, easement, or waterway.

 

(8) Illuminated signs without a municipal permit.

 

(9)Nonmunicipal recreational field lighting, including but not limited to tennis, basketball and handball courts, and sports fields, including but not limited to baseball, soccer, and football, without site plan approval and a building permit.

§ 301-260. Placement and height of luminaires.

D.  Placement and height of luminaires.

 

A. (1)   Luminaires, exclusive of municipal streetlighting, and municipal recreational fields, shall be mounted no higher than 16 feet from the level ground to the lowest light-emitting part of the fixture.

 

B. (2)  Luminaires on commercially used properties shall be located and shielded in a manner to prevent light projection beyond the property line. (See Figure 3.[1])

 

C.(3)  Luminaires used for municipal recreational fields and municipal outdoor recreational uses shall be exempt from the height restriction, and illuminance levels, provided all other provisions of this article are met and the light is used only while the field is in use.

 

D. (4)  Sign lighting. Lighting shall be mounted on the top of the sign, directed downward, and positioned and shielded so that the light source is not visible. No individual lamp shall exceed 1,000 lumens. Mounting height of lights shall not exceed 16 feet.[2]

 

E.(5)  Mounting height of residential luminaries may not exceed 14 feet.

§ 301-261. Illuminance and type of lamp.

E.  Illuminance and type of lamp.

 

A. (1)   Illuminance levels for parking lots, sidewalks, and other walkways affected by side-mounted building lights and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the IESNA Recommended Practices, either PR33 or RP20, depending on the application. (See Tables 1, 2 and 3.[1]) The Town of Riverhead recognizes that not every such area will require lighting.

[1]   Editor's Note: The tables are included as attachments to this chapter.

B. (2)  Parking lot lighting shall not exceed an overall average illumination as listed on Table 1.[2]

[2]   Editor's Note: Table 1 is included as attachments to this chapter.

 

C. (3)  Streetlight luminaires shall be full cutoff luminaires and be lamped with high-pressure sodium or compact fluorescent light source. The Engineering Division shall make a determination for the type of light distribution, the height, and lumen value of the light source for each location, based on the manufacturer's supplied photometric information, in order to meet the streetlighting warrants. The criteria for evaluating the warrant of streetlights shall be in conformance with the American Association of State Highway Transportation Officials (AASHTO) standards and/or a safety hazard as determined by the Town Engineer. The Town Engineer shall reserve the option to alter the type of light, light intensity of public roads and public facilities in areas where public safety is an issue. Streetlight luminaries shall be brought into compliance with this section no later than December 31, 2017.[3]

[3]   Editor's Note: Amended at time of adoption of Code (see Ch.101, General Provisions, Art. I).

D. (4)  All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.

 

E.(5)  Gas station under-canopy fixtures shall be lamped so as not to exceed light level measurements as recommended in RP33, Table 2.[4]

[4]   Editor's Note: Table 2 is included as an attachment to this chapter.

 

F.(6)    All ATM and bank lighting shall conform to the provisions of the New York State ATM Safety Act, as contained in the New York State Banking Law § 75-a et seq., and the provisions of this article.

 

G. (7)  All Long Island Power Authority leased preexisting nonconforming unshielded floodlight fixtures, including GE Powerflood, Mercury Vapor fixtures, and all one-thousand-watt fixtures shall not be relamped, repaired or replaced.

 

H.   The following types of lamps shall not be permitted:

 

(1) Mercury Vapor.

 

(2) Unshielded LED lamps, except as exempt for holiday lighting.

 

(3) Metal halide, except as approved by the Town Engineer and only when the correlated color temperature (CCT) is less than 3,200 K and when the arc tube of the lamp is enclosed with a protective acrylic or tempered glass shroud.

 

I. G.All Long Island Power Authority (LIPA) leased preexisting nonconforming fixtures shall be replaced on or before December 31, 2010, with full cutoff fixtures and must meet the light solutions "Installation and Criteria" as adopted by LIPA on March 24, 2006:

 

(1)           Light levels shall not exceed recommendations (Table 1).

 

D.H.   Prohibited exterior lighting. The following types of lighting are prohibited:

 

            (1)       Searchlights, except those used for governmental, emergency and law enforcement purposes.

(2)       Strobe lights, laser lights, or revolving lighting.

 

(3)       Neon lights, except as legally permitted.

 

(4)       Blinking, pulsating, tracing, or flashing lights, unless temporarily triggered by a security system.

 

(5)       Any light fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational markers.

 

(6)       Lighting that is determined by municipal law enforcement personnel to contribute to disabling or distracting glare into a public roadway.

 

(7)       Any light fixture located within a designated nature preserve, easement, or waterway.

 

(8) Illuminated signs without a municipal permit.

 

(9)       Nonmunicipal recreational field lighting, including but not limited to tennis, basketball and handball courts, and sports fields, including but not limited to baseball, soccer, and football, without site plan approval and a building permit.

 

(10)Privately owned or leased light fixtures located on public utility poles or located in the public right-of-way are prohibited.

 

(11)No exterior LED light fixtures shall exceed 3,000K.

 

(12) Mercury Vapor.

 

(13) Unshielded LED lamps, except as exempt for holiday lighting.

 

(14)Metal halide, except as approved by the Town Engineer and only when the correlated color temperature (CCT) is less than 3,200 K and when the arc tube of the lamp is enclosed with a protective acrylic or tempered glass shroud.

§ 301-262. 301-260. Figures and tables.[1]

 

The attached figures and tables shall be incorporated into Article XLIX as guidelines for the public and the Town of Riverhead for use in enforcing this article. The Town does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples. Additional information is provided at the Town of Riverhead Planning Department.

A. Figure 1: illustrations of full cutoff and full shielded fixtures.

B. Figure 2: diagrams of generally acceptable and generally unacceptable light fixtures.

C. Figure 3: diagrams of recommended fixture placement in relation to the property line to control light trespass.

D. Table 1: limits of illumination target areas for parking lots.

E. Table 2: limits of illumination for target areas for car dealerships, sidewalks, walkways, and gas stations.

F. Table 3: limits of illumination for roadways.

[1]Editor's Note: The figures and tables are included as attachments to this chapter.

 

§ 301-263 301-261. Procedure to determine compliance.

 

A. All applications for site plan review, use permits, planned unit developments, subdivision approvals, applicable sign permits, or building permits shall include lighting plans showing location of each existing and proposed outdoor light fixture, and luminaire distribution, type, lamp source type, wattage, mounting height, hours of operation, lumen output, and illuminance levels in ten-foot grids in order to verify that lighting conforms to the provisions of this article. The Town Building and Planning Administrator and Chief Building Inspector may waive the requirement for illuminance level information only, if the Town Engineer finds that the illuminance levels conform to this article. For all other exterior lights which must conform to the requirements of this Article XLIX, an application shall be made to the Planning Board showing location, luminaire and bulb type, height, hours of operation, lumen output and illuminance levels. Applications for subdivision approval regarding lighting plans must be submitted to both the Planning Department and Engineering Department.

 

B. The Planning Board shall review any new exterior lighting or any existing exterior lighting on subject property that is part of an application for design review, conditional use permit, planned unit development, subdivision approval, applicable sign permits or building permit, to determine whether the exterior lighting complies with the standards of this Article XLIX.

C. For all other exterior lighting which must conform to the requirements of Article XLIX, the Planning Board shall issue a decision whether the exterior lighting complies with the standards of this Article XLIX. All such decisions may be appealed to the Town of Riverhead Zoning Board of Appeals within 30 days of the decision.

§ 301-264 301-262. Notice of violation; abatement.

 

If the Code Enforcement Division finds that any provision of this article is being violated, the Code Enforcement Division shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or the occupant of such premises, demanding that the violation be abated within 30 days of the date of hand delivery or of the date of mailing of the notice. The Planning Department staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thirty-day period, the Town Attorney may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this article

•       Overstrike represents deletion(s)

•       Underscore represents addition(s)

 

Dated:  Riverhead, New York

            March 6, 2018

BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD

DIANE M. WILHELM, Town Clerk