§ 167-35.4. Lighting.

A. 

Purpose; effect on inconsistent provisions.

(1) 

The Town of Malta has enacted this section to regulate the installation of outdoor lighting in order to achieve the following purposes:

(a) 

To permit reasonable uses of outdoor lighting to enhance safety, security, commerce and enjoyment;

(b) 

To minimize adverse off-site impacts from new and existing lighting installations;

(c) 

To protect the residents and surrounding environment from the effects of light pollution;

(d) 

To promote energy efficient and sustainable lighting practices and luminaires; and

(e) 

To protect the Town's nighttime ambience and rural and historic character.

(2) 

The provisions of this article supersede inconsistent provisions of the Town Code.

B. 

Definitions. As used in this section, the following terms shall have the meanings indicated:

ESSENTIAL LIGHTING

Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes.

FOOTCANDLE (FC)

The basic unit of illuminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one-foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters.

FULL CUTOFF (FCO)

A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80° up to 90° cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal, and a noncutoff provides no restriction against light emitted above the horizontal.

FULLY SHIELDED

A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report.

GLARE

Unshielded direct light from a light source that results in light shining in the eyes in such a manner to impair the ability to see other objects.

ILLUMINANCE

The intensity or amount of light falling at a given place on a lighted surface, expressed in lumens per square meter and footcandles per square foot.

LIGHT POLLUTION

Stray or reflected light that is emitted into the atmosphere above the ninety-degree horizontal plane from the luminaire, or which can or does cause sky glow.

LIGHT TRESPASS

Direct light from an artificial light source on one property that is intruding into an area where it is not wanted or does not belong.

LIGHT, DIRECT

Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.

LIGHT, INDIRECT

Direct light that has been reflected or has scattered off of surfaces other than those associated with the light fixture.

LIGHTING, OUTDOOR

The nighttime illumination of an outside area or object by any manufactured device located outdoors that produces light by any means.

LUMEN

A metric unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage.

LUMINAIRE

A complete lighting system, including a light source component (lamp or lamps that produce the actual light) and a fixture.

NONESSENTIAL EXTERIOR LIGHTING

Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours).

SKY GLOW

Brightness of the night sky as a result of artificial light which is emitted upward by luminaires.

C. 

Applicability.

(1) 

Where there is a conflict between this section and state or federal regulations, the standards of the higher authority shall apply. Unless otherwise indicated, single- and two-family residential uses are exempt from this section.

(2) 

New installations. All outdoor lighting installed after the effective date of this section shall conform to the standards set forth herein. Special regulations govern lighting of signage. All signs shall comply with the lighting provisions of § 167-27 of the Zoning Code or Section 5.3, Signs, of the Form-Based Code, as applicable.

(3) 

Nonconforming outdoor lighting. No replacement or installation of new lighting fixtures or poles shall be permitted unless in conformance with this section. All outdoor lighting fixtures installed prior to adoption of this section shall be brought into compliance with the provisions of this section when part of a site plan or project plan submittal or renovation where more than 50% of the existing nonconforming lighting will be changed or replaced.

(4) 

Town compliance. All government-owned and- operated properties and facilities shall be brought into conformance with the provisions of this section when a luminaire replacement is made or when funding becomes available to undertake a comprehensive lighting replacement program.

(5) 

Lighting districts. All street lights owned and maintained by the Town shall be replaced in accordance with Subsection C(4) above. All lights owned and maintained by a utility company shall be brought into conformance with the provisions of this section when a luminaire or pole replacement is made.

D. 

General requirements for all zoning districts. All new, retrofitted, refurbished and/or modified outdoor lighting that is installed in the Town of Malta shall be the minimum necessary, in both number of luminaires and intensity of light, to achieve the intended purpose of the lighting, and shall meet the following standards, as relevant:

(1) 

Submission of plans. Projects shall submit all information necessary for the Building and Planning Department and those with review authority to be able to determine compliance with this code. The submission shall contain the following, as required:

(a) 

Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture.

(b) 

Location and use of adjacent properties.

(c) 

Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cut sheets by manufacturers and drawings (including sections, where required), glare reduction/control devices, on-off cycle control devices, and mounting devices.

(d) 

Photometric data showing an isolux/isofootcandle plot or lux/footcandle grid that demonstrates intensities and uniformity of light emissions.

(e) 

Statement of the proposed hours and days of the week when the luminaires will be on and when they will be extinguished.

(f) 

Additional information that the review authority determines is necessary.

(2) 

Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed after approval has been issued, a change request shall be submitted to the appropriate review authority for revised approval.

(3) 

All exterior lights and sign illumination shall be designed, located, installed and directed in such a manner as to:

(a) 

Prevent glare, light trespass or light pollution; and

(b) 

Be shielded and cut off to the extent possible so as to confine the light within the target area.

(4) 

Time controls. Night lighting, after business hours, shall be limited to that necessary for site security.

(5) 

To reduce off-site glare, lighting fixtures for all parking and pedestrian areas shall be:

(a) 

Full cutoff-type fixtures; or

(b) 

Fully shielded/recessed fixtures where the lens is recessed or flush with the bottom surface.

(6) 

Lighting fixtures for building security or aesthetics and any display purposes shall be:

(a) 

Full cutoff or fully shielded/recessed.

(7) 

Where outdoor playing fields or other special outdoor activity areas are to be illuminated, lighting fixtures shall be specified, mounted and aimed so that:

(a) 

The lighting fixture's beams fall within the primary playing area and immediate surroundings; and

(b) 

No direct lighting trespass or light pollution is created.

(8) 

The maximum light level of any light fixture must not exceed 0.1 footcandle measured at the property line at any given point for adjacent commercial property and 0.05 footcandle measured at the property line at any given point for adjacent parcel with residential zoning or a residential use. Commercial exception applies where commercial uses are directly adjacent and require similar lighting, such as in areas of shared parking and drive aisles.

(9) 

The height of pole-mounted luminaires, except streetlights in public rights-of-way, shall be the minimum necessary to provide adequate illumination, but the light source shall not exceed a height of 14 feet in pedestrian areas and 18 feet in areas of vehicular use (parking lots and drive aisles), as measured from the bottom of the light source. Luminaires attached to the building shall be limited to the height necessary for illumination of entrances or locations not served by pole lighting. In no case shall a building fixture be mounted on the roof.

(10) 

LED lighting shall be 3,000 Kelvin or lower to provide good visibility and a warm lighting color.

(11) 

Illuminance and uniformity. Parking lots shall have an average lighting level at or below one footcandle. High-security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the recommended range. Pedestrian walk areas shall have a minimum light level of 0.2 footcandle. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.

(12) 

Exemptions. The following forms of lighting are exempted from the requirements of the lighting regulations:

(a) 

Temporary circus, fair, carnival, religious, historic or civic uses.

(b) 

Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.

(c) 

Temporary holiday lighting for no more than two months per year.

(d) 

Lighting that is considered a landscape design element or is integral to the aesthetic value of the design, as determined by the Planning Board or other review authority.

E. 

Architectural and landscape lighting.

(1) 

All fixtures shall be aimed and/or shielded to illuminate only the target area such that no stray light from the luminaire passes above the horizontal plane.

(2) 

Upward aimed facade and building lighting shall be fully shielded and fully confined from projecting into the sky by the building eaves, roofs, overhangs or structures and shall be mounted as flush with the illuminated wall as possible.

F. 

Canopy and service lighting. Outdoor sales and gas station service canopy lighting shall be aimed downward and installed such that the center of the fixture's luminous opening is flush with or recessed into the canopy ceiling. All lighting from the canopy must be substantially confined to the ground area directly beneath the perimeter of the canopy. All exterior lighting for canopies and/or service areas shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves on the principal building or at ground level in the landscaping. Exterior lighting shall be arranged and shielded so there shall be no glare or reflections onto adjacent properties or street rights-of-way.

G. 

Residential subdivision pedestrian areas. All roads built as part of a major subdivision shall have pedestrian lighting where sidewalks are located as required by § 143-13.1, Sidewalks, and § 167-48, Standards for open space development, or as required by the PDD legislation. Lighting shall meet the above general standards for design, and shielding shall be provided to eliminate light trespass on adjacent homes and yards. Lighting levels for pedestrian walks shall have a minimum lighting level of 0.2 footcandle.

H. 

Inspections and enforcement.

(1) 

Inspections. The Town Code Enforcement Officer or Town's designated representative is responsible for conducting post-installation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.

(2) 

Enforcement. This section shall be enforced by the Town Code Enforcement Officer, who shall interpret, administer, and enforce its provisions. The Code Enforcement Officer shall investigate suspected violations and issue notices of violation requiring corrective action. Violations of this section which are not corrected within 30 days shall be punishable by a fine of $100 per violation per week, not exceeding $350 or imprisonment for a period not to exceed six months, per violation.

Added 9-18-2017 by L.L. No. 8-2017