(A) Purpose. The purpose of this section is to control light pollution, spillage, glare, and light trespass so as not to adversely affect motorists, pedestrians, and land uses of adjacent properties. intensities should be controlled to assure that excessive light spillage, trespass, and glare are not directed at adjacent properties and residential areas, or unnecessarily directed upwards toward the sky. The goals of this section are as follows:
(1) Minimize adverse offsite impacts of
such as light trespass and obtrusive light.
(2) Curtail light pollution, reduce skyglow, and preserve the dark sky night environment.
(3) Help protect the natural environment from the adverse effects of artificial
at night.
(4) Conserve energy associated with artificial
to the greatest extent possible.
(B) Definitions. The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this section, except where the context clearly indicates a separate meaning.
CANDELA or CANDLE. A measure of light intensity in a certain direction, which is useful in determining how much light is shining out of a fixture and in what direction.
CUTOFF ANGLE. The angle, measured up from the nadir, between the vertical axis and the first line of sight at which the bare source is not visible.
CUTOFF FIXTURE. A fixture light distribution where no more than 2.5% of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10 degrees below such horizontal plane at all lateral angles around the fixture.
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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.
DIRECTIONAL FIXTURE. An assembly that holds the lamp along with any globe, shade, or other covering surrounding the lamp that be adjusted to concentrate or throw light in a specific direction.
DISABLING GLARE. Light directed from a or source that is 5 times greater or more than the ambient light on a public road or walkway adjacent to a road as measured in footcandles.
FIXTURE. The assembly that houses the lamp and can include all or some of the following parts: housing; mounting bracket or pole socket; lamp holder; ballast; reflector or mirror; refractor or lens.
FLOOD LAMP. A form of designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturer.
FLOODLIGHT or SPOTLIGHT. Any light fixture or lamp that incorporates a reflector or a retractor to concentrate the light output into a directed beam in a particular direction.
FOOTCANDLE (FC). A unit of illuminance amounting to 1 lumen per square foot.
FULL CUTOFF FIXTURE. A fixture light distribution where no light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal plane, at all lateral angles around the fixture.
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GLARE. Light emitting from a luminaire with 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 article that were in place on the effective date of the ordinance from which this article is derived. When an ordinance “grandfathers” a luminaire, it means that such already existing outdoor does not need to be changed unless so specified for adherence to such ordinance.
HEIGHT OF LUMINAIRE. The vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire.
IESNA. The Illuminating Engineering Society of North America, a nonprofit professional organization of specialists that has established recommended design standards for various applications.
INDIRECT LIGHT. Direct light that has been reflected or has scattered off of other surfaces.
ISOCANDLE PLAN. A demonstration or topographic of light distribution over a given area.
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 on which it is located and desired, as measured at the border.
LUMEN. A unit of luminous flux. The total quantity of light emitted from a light source. One footcandle is 1 lumen per square foot. For the purposes of this article, the lumen output values be the initial lumen output ratings of a lamp.
LUMINAIRE. A complete unit consisting of a lamp together with the parts designed to distribute the light, to position and protect the lamp and to connect the lamp to the power supply.
MAINTAINED FOOTCANDLE. Illuminance of fixtures adjusted for a maintenance factor accounting for dirt buildup and lamp output depreciation. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high-pressure sodium and 0.64 for metal halide and mercury vapor.
NONCUTOFF FIXTURE. A fixture light distribution where there is no light intensity limitation in the zone above the maximum distribution of light intensity.
OUTDOOR LIGHTING. The nighttime illumination of an outdoor area or object by any manmade device located outdoors that produces light by any means.
OUTDOOR RECREATIONAL FACILITIES. Public or private facilities such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas. Walkways, paths and greenways not be considered OUTDOOR RECREATIONAL FACILITIES in regards to the provisions of this article.
OUTDOOR SPORTS FIELD. An area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball/softball diamonds, soccer fields, football fields, golf courses, golf driving ranges, tennis courts, racetracks and swimming pools. Walkways, paths and greenways not be considered outdoor sports fields in regards to the provisions of this article.
POINT-BY-POINT FOOTCANDLE ARRAY. A graphical representation of points placed onto a grid or layout where each point identifies the amount of illuminance (light) in footcandles or lux (1/10 of a footcandle). The spacing between points can vary depending on the size of the area to be lighted. For many typical outdoor layouts, a 10-foot by 10-foot spacing grid layout is used. Larger areas utilize a 15-foot or 20-foot grid spacing. This type layout can also indicate luminance or reflected light instead of illuminance.
SEMI-CUTOFF FIXTURE. A fixture light distribution where no more than 5% of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 20% of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal plane at all lateral angles around the fixture.
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TEMPORARY OUTDOOR LIGHTING. The specific illumination of an outdoor area of an object by any manmade 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.
VEHICULAR CANOPY. A roofed, open, drive-through structure designed to provide temporary shelter for vehicles and their occupants while making use of a business's services.
WALKWAYS, PATHS, AND GREENWAYS. Areas that, through their design, suggest pedestrian traffic of some type, including, but not limited to, walking, bicycling, running, etc.
(C) Applicability. The standards of this section be applicable as follows:
(1) All non-residential uses
be subject to these standards. The
ordinance will apply to all new uses and new
requiring a zoning compliance permit when new light fixtures will be installed.
(2) Multi-family residential uses
be subject to these standards.
(3) Major and minor subdivisions that Include the construction of new roadways with road
be subject to these standards.
(4) All new exterior light fixtures and site
installed after the effective date of this section and within the zoning jurisdiction of the Town of Mills River,
comply with the standards of this section, unless exempted or considered nonconforming.
(5) Prohibited
identified in section (G) is applicable to all uses and properties in the Town of Mills River.
(D) fixture standards.
(1) All new wall pack lights
be full cutoff and shielded.
(2) New floodlights on non-residential properties
be full cutoff and shielded to prevent uplight and to prevent front, side, and/or rear light trespass onto surrounding properties.
(3) All new site area
be full cutoff and shielded. This is applicable both in non-residential
and major or minor residential subdivisions with new roadway construction.
(4) Roadway
be full cutoff and shielded.
(5) Pedestrian
along
, trails, greenways and other pedestrian specific areas
consist of cutoff fixtures.
(6) Sign
be shielded so that light is not unnecessarily directed towards motorists and pedestrians. Sign
not consist of uplighting or spotlights on the ground directed upward at a sign, which will unnecessarily contribute to light pollution of the night sky.
(E) Site and area standards.
(1) The maximum light level using maintained lumens
be no more than 1.0 foot candles for any land use at ground level at the
line.
(2) The maximum light level using maintained lumens
be no more than 0.25 foot candles for any land use at ground level adjacent to a stream buffer or surface water buffer. Stream and surface water buffers are defined as extending 30 feet from each bank of the stream or water body. No light fixtures
be installed within a stream buffer, except for safety
used to illuminate pedestrian trails, pathways, and recreational areas within a stream buffer.
(3) A
plan must be submitted for review for all new site and area
with isolux drawings documenting light levels for any fixtures that
lead to light trespass onto neighboring properties.
(4)
level and placement
be designed in accordance with the most recently published Illuminating Engineers Society (IES) Lighting Library Standards Collection recommended practices.
(5) Sites with compliant
plans
be deemed in compliance with these standards when the fixtures are installed as shown on an approved
plan as to type, orientation, location, height, shielding and rating of fixtures.
(6) A
plan is not required to take into account light sources external to the site.
(7) For the purposes of this section, maintained lumens
mean L80 or 80% of initial lumen output.
(F) Exempt . The following applications are exempted from this section.
(1) Flagpole
.
(2) Sport and recreational facility
of a temporary duration.
(3) Temporary construction
.
(4) Temporary
used for emergency conditions.
(5) Low voltage landscape
that is located outside of a stream or surface water buffer.
(6) Safety
within a stream or surface water buffer for the illumination of greenways, pathways, pedestrian areas, or recreational areas.
(7) Temporary holiday and seasonal
.
(8)
required by federal,
, or local laws or regulations.
(9) Temporary
for community events or special events of a short duration.
(10) Lights erected or used for a temporary duration by or on the order of a governmental or public official or entity in the performance of an essential public service.
(G) Existing nonconforming and required replacement. Non-compliant installed prior to the effective date of this section be considered nonconforming and continue to be used in accordance with the nonconforming standards found in § 154.105 of . The following applies to existing non-compliant installed prior to the effective date of this section. Full compliance with the standards in this section be required under the following circumstances:
(1) When repairing or replacing 50% or more of the total light fixtures on a site within any 12-month period.
(2) When expanding or improving 50% or more of an existing parking lot, loading area, internal road network, or other lighted area.
(3) Any replacement of an exterior wall pack light or flood light fixture at any time
be required to meet the light fixture standards of this section.
(H) Prohibited . The following types are specifically prohibited on all properties and for all land uses in the Town of Mills River.
(1) Search lights, laser fights, or any other similar high intensity lights, especially those directed upward.
(2) Any
or light fixture that is oriented upward, except as otherwise provided for in this section.
(3)
that could be confused for a traffic control device.
(4) Flickering, strobing, pulsing, rotating, or flashing lights, especially those that
interfere with motorists, pedestrians, and aircraft, except as otherwise provided for in this section.
(I) Administration and enforcement.
(1) Light measurement. Light level measurements
be made at the
line of the
upon which the light to be measured is being generated. If measurement on private
is not possible or practical, light level measurements
be made at the boundary of the nearest public
right-of-way that adjoins the
. Measurements
be made at finished grade (ground level), with the light-registering portion of the meter held parallel to the ground and pointing upward.
levels are to be measure in foot-candles (FC) with a direct reading, portable light meter.
(2)
plan required. A
plan
be submitted with all land
permit applications proposing the establishment of outdoor
or as applicable per § 154.117(B). A
plan
consist of the following:
(a) A site plan drawn to scale showing building(s), landscaping, parking and loading areas, internal roads, and proposed exterior
fixtures.
(b) Location of all post, canopy, supports, and light fixtures, including the height of each fixture, for any building, structure, parking, display, and loading areas.
(c) Specifications and fixture detail drawings of the proposed illuminating devices, lamps, and supports, including designation as Illuminating Engineering Society of North America (IESNA) “cut-off” fixtures. This description
include but is not limited to manufacturers catalog cuts, enlarged or reduced to the correct scale of the site plan, and drawings including sections where required.
(d) Locations of all pole mounted and building mounted fixtures and a numerical 25-foot by 25-foot grid of
levels, in foot-candles, that the fixtures will produce on the ground (photometric report). The photometric report will indicate the minimum and maximum foot-candle levels within the lighted areas of the site. An isolux
plan is also permitted in fulfillment of this section provided that it indicates the foot-candles at grade by contour diagram or grid points that cover the site.
(Ord. 2024-01, passed 1-25-2024)