A continuation of the Public Hearing on a revised draft of the proposed Outdoor Lighting Law will be held at 7:25pm, April 12 before the Common Council Meeting, and will continue as long as necessary. The law will be on the Council's agenda for a final vote. The full text of the revised draft local law is below.
RESOLUTION NO. -2022
GLENS FALLS COMMON COUNCIL
WHEREAS, Chapter 129 Lighting, to be added to the Code of the City of Glens Falls, and is designed to protect the public health, safety and welfare by establishing minimum standards for housing premises with resultant City actions to be remedial and essential to the public interest, and
WHEREAS, the City of Glens Falls Common Council, desires to add Chapter 129 Lighting by creating lighting standards to responsibilities of Occupants and Owners, General Exterior.
NOW, THEREFORE, the Common Council of the City of Glens Falls does hereby (i) accept and approve the content and form of the Local Law attached hereto as Exhibit “A”, (ii) continue the Public Hearing on Tuesday, April 12, 2022 at 7:25 p.m. in the Common Council Chambers, 3rd floor, City Hall, 42 Ridge Street, Glens Falls, NY 12801 with respect to such proposed Local Law prior to the confirmation of the final passage of such Local Law at the next meeting of the Common Council or the next regularly scheduled meeting of the Common Council held as soon after publication as herein directed as the Charter of the City of Glens Falls or the laws of the State of New York will allow and (iii) authorize the Clerk of the City of Glens Falls to take all actions necessary to publish notice of the Local Law utilizing the form of notice attached herein as Exhibit “B.”
PROPOSED LOCAL LAW NO. ________-2022
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF GLENS FALLS AS FOLLOWS:
A LOCAL LAW TO CREATE CHAPTER 129 LIGHTING IN THE CODE OF THE CITY OF GLENS FALLS, MINIMUM STANDARDS, RESPONSIBILITIES OF OCCUPANTS AND OWNERS, GENERAL EXTERIOR, BY ADDING LIGHTING STANDARDS.
CHAPTER 129: OUTDOOR/EXTERIOR LIGHTING:
SECTION 1. Purpose and Intent.
The purpose of this section is to establish regulations to allow for outdoor illumination levels which are appropriate for the use, while promoting safety and security, and minimizing the undesirable side effects of excessive illumination such as light trespass and light pollution, which create a nuisance. It is the intent of this section will allow for reasonably uniform illumination levels in the community.
This section applies to all residential districts, cultural professional districts, two family residential districts and multifamily residential districts.
SECTION 2: Definitions. As used in this section:
a. “Direct light” means light emitted by a fixture from the lamp, from a reflector, or through a refractor.
b. “Façade lighting” means permanent outdoor fixtures that are specifically intended to illuminate the exterior surfaces or buildings or structure.
c. “Fixture” means a complete lighting unit, including the lamp together with the parts designated to distribute the light, to position and protect the lamp and to connect the lamp to the power supply.
d. “Flood or spotlight” means any fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
e. “Fully shielded fixture” means a fixture that allows no direct light from the fixture above a horizontal plane through the fixture’s lowest light-emitting part, in its mounted position.
f. “Glare” means light emitted by a fixture that causes discomfort or reduced visibility.
g. “Height of Luminaire” means the height of a luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct light emitting part of the luminaire.
h. “Incident rays” means a ray of light that is pointing towards and striking a surface.
i. “Indirect light” means direct light that has been reflected or scattered off of other surfaces.
j. “Lamp” means a light bulb or other component of a fixture that changes electricity into visible light.
k. “Light pollution” means the inappropriate or excessive use of artificial light.
l. “Light trespass” means light that falls beyond the property it is not intended to illuminate.
m. “Sky glow” means a condition cause by light directed upwards or sideways reducing one’s ability to view the night sky.
n. “Outdoor lighting” means the night-time illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
SECTION 3: Operation as nuisance is prohibited.
No light or lights shall be so operated as to be a nuisance. A nuisance shall be characterized by a lamp or fixture that exceeds 60 watts incandescent or the lumen equivalent (900) that is not pointed away or shielded from light trespass into a neighbor’s property. The investigation of a nuisance light will be in response to a written complaint.
Where practicable, lighting installations are encouraged to include timers, sensors and dimmers to reduce energy consumption and unnecessary or unwanted lighting.
SECTION 4: Lighting standards:
a. All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare from spilling across property lines in all residential and multifamily properties.
b. No light fixture or lamp, other than floodlights and spotlights, shall be greater than the aggregate of 60 watts incandescent or lumen equivalent (900) if other bulb type. A light fixture that exceeds 60 watts may be in compliance, so long as it does not trespass on neighboring property so as to create a nuisance.
c. Light fixtures shall be designated to prevent light pollution by shielding the light source and directing light downward, away from the night sky and adjacent property or properties.
d. All outdoor lighting fixtures shall be shielded or otherwise contained on the property from which is originates, known as “light trespass limitations”.
e. Light fixtures or lamps shall be shielded and/or shaded in such a manner as to direct incident rays from trespassing onto all adjacent properties.
f. Floodlighting and spotlighting may not exceed the lumens required to illuminate the intended property where it is installed. Furthermore, it shall not be arranged in such a way that light will shine towards and /or onto roadways, onto any adjacent property or into the night sky. All floodlights and spotlights are subject to provisions of this chapter.
g. Lights installed on canopies or roof overhangs shall be recessed so that the lens cover is flush with the bottom surface of the canopy or overhang. Lights shall not be mounted on the sides or top of the canopy or overhang.
h. Lights on poles shall not be taller than the building whose area they illuminate, nor taller than ten (10) feet, whichever is shorter.
Where practicable, lighting installations are encouraged to include timers, sensors and dimmers to reduce energy consumption and unnecessary lighting.
SECTION 5: Applicability to existing lights.
Any prohibited light, lights or lighting now in existence, in connection with a permitted use or granted variance or in connection with a valid non-conforming use, which violates or does not conform to the provisions hereof shall be altered, removed or replaced in conformity with the provisions hereof.
SECTION 6: Enforcement, violations and penalties.
a. The enforcement officer or his duly authorized representative shall be responsible to conduct inspections regarding compliance with the terms of this chapter, upon written complaint.
b. Whenever the enforcement officer finds that there has been a violation of this chapter, he shall give notice to the person or persons responsible. Such notice shall :
i. Be in writing;
ii. Include a description of the real estate sufficient for identification;
iii. Include a statement of the reason why the notice is being issued;
iv. Set a reasonable time for the performance of any act it requires;
v. Be served upon the owner or his agent or upon the occupant, as the case may require. Such service is to be in person or by registered letter with return receipt requested or in any other manner authorized or required by law.
c. When, upon re-examination after the expiration of the time for compliance, the enforcement officer finds that the violation has not been corrected, then he is authorized to cause the matter to be brought to Court.
d. Violation of the terms of this chapter shall be enforceable in the City Court of the City of Glens Falls, which shall have original jurisdiction over such violations.
e. A violation of any of the provisions of this chapter shall, upon conviction thereof subject the offending party to a fine not to exceed $250.00 or to imprisonment for a term not to exceed 15 days, or both for each offense. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.