8.21.16 Outdoor Lighting Regulations

The purpose of the Outdoor Lighting Regulations is to establish standards for all outdoor lighting so that its use does not unreasonably interfere with the reasonable use and enjoyment of property and astronomical observations within the Town of Daniel. It is the intent of this section to encourage, through regulation of types, kinds, constructions, installation and uses of outdoor electricity, lighting practices and systems which will reduce light pollution and conserve energy while increasing nighttime safety, utility, security and productivity. In the event that any provisions contained within this title conflict with the provisions contained in this section, the provisions of the more restrictive regulations shall apply. (1) Definitions. (a) Cutoff. The point at which all light rays emitted by a lamp, light source, or luminary are completely eliminated (cut off) at a specific angle above the ground. (b) Cutoff Angle. The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted. (c) Cutoff Type Luminary. A unit of illumination with elements such as shield, reflectors, or refractor panels that direct and cut off the light at a cutoff angle less than ninety (90) degrees. (d) Foot-candle. A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle. (e) Glare. Light emitting from a luminary with an intensity great enough to reduce a viewer's ability to see and in extreme cases, causing momentary blindness. (f) Light Trespass. The shining of light produced by a luminary beyond the boundaries of the property on which it is located. (g) Luminary. A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts. (h) Outdoor Lighting. For purposes of this Section, "outdoor lighting" shall refer to all street lighting, commercial lighting, and all lighting in a residential neighborhood excepting small porch lights using not over one hundred (100) watt bulbs, and garden lights under one hundred (100) watts and under the height of ten (10) feet in height. (2) Conformance with Applicable Codes. All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this title, the building code, the electrical code, and the sign regulations of the Town of Daniel as applicable and under appropriate permit and inspections. (3) Approved Materials and Methods of Construction or Installation/Operation. The provisions of this code are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed by this section, provided such alternate has been approved. The planning staff may approve any such proposed alternate provided there is a finding that: (a) The alternate proposal meets the intent of the applicable requirements of this section; (b) The alternate proposal has been designed or approved by a registered professional engineer and content and function promotes the intent of this code; and (c) All proposed outdoor lighting shall be designed and approved for outdoor lighting. (4) Cutoff Angle. All light shall require a luminary with less than a ninety (90) degree cutoff. (5) Heights of Standards. Heights of standards shall not exceed twenty (20) feet in commercial areas and fifteen feet (15’) in residential areas. (6) Prohibited Lighting. Flashing lights, searchlights, and neon lighting is prohibited. (7) Motion Sensors. The use of Motion Sensors are encouraged, and may be required near residential areas, but such sensors shall be set so that the light is activated when movement is on the property and not activated with movement on the adjoining property, or streets or sidewalks. (8) Plan Required. During the approval process of a development a lighting plan shall be submitted as part of the application which shall address the following: (a) Type of illumination; (b) Height above grade; (c) Location; (d) Source of light; (e) Lighted area for each source light which is proposed; and (f) Proposed use and area of sensitivity for motion sensors. (9) Fire Hydrant Lighting. All fire hydrants within an approved development shall be lighted with an approved street light as required by the Town of Daniel. (10) Exceptions. (a) Lighting used for public roadway illumination may be installed at a maximum height of fifteen (15) feet and may be positioned at that height up to the edge of any bordering property; (b) All temporary emergency lighting needed by the police, fire department, or other emergency services, as well as all vehicular lighting, shall be exempt from the requirements of this article; and (c) All hazard warning lighting required by any Town of Daniel, county, state or federal agencies. (11) Lighting Standards. The following shall be required on all street lights for consistency of maintenance: (a) All bulbs shall be high pressure sodium (b) 240 Volt (c) Tool-less replacement and interchangeable ballast (d) Twistlock photocell Other than the above requirements and dark sky standards the developer can determine the style of the pole however, the applicable power company or the Town of Daniel will not be responsible for replacement of damaged nonstandard poles. Nonstandard poles must be replaced by the homeowners association. Departures from the above requirements will only be approved with a sign off from the applicable power provider.