Light Pollution Affects

Town of North Kingstown

Planning Commission James R. Grundy, Chairperson Paul L. Dion Robert B. Jackson Tracey McCue Patricia Nickles Patrick Roach, Vice Planning Commission Meeting Chairperson Tuesday, August 20, 2019 Municipal Offices Court Room 100 Fairway Dr. North Kingstown, RI 02852 7:30 Pm

Agenda

1 Call to Order

2 Pursuant to RIGL 42-46-6(c), notice of this meeting has been posted on the Secretary of State's website

3 General Business

3.a Combined Master Plan/Preliminary Plan Public Hearing: Application of Daniel A. and Claudia DiSaia, 201 Essex Road, North Kingstown, RI 02852 for a proposed two-lot major subdivision located at 201 Essex Road and 12 Beverly Road, AP 158 Lot 11, zoned Neighborhood Residential (NR) DiSaia Master Prelim Staff Report 8 20.docx DiSaia ZBR decision.pdf DiSaia pc_minutes_020618.doc DiSaia pc_minutes_060518.docx DiSaia narrative.pdf 1 DOCKET OF THE PLANNING PAGE 2 August 20, 2019 COMMISSION

DiSaia plan.pdf

3.b Combined Master Plan/Preliminary Plan Public Hearing: Application of the Town of North Kingstown for a two-lot major subdivision for Assessor’s Plat 117 Lot 211, also known as 55 Brown Street/municipal parking lot/Library Park located in a public (P) zone which will change to Wickford Village Center (WVC) once the subdivision is completed. The remaining land is proposed to be designated as AP 117 Lot 208 and will remain zoned Public (P). Annex staff report.pdf Annex purchase and sales agreement.pdf Annex plan.pdf

3.c Discussion: Amendments to Section 21-278 of the North Kingstown Zoning Ordinance related to Lighting Requirements Preliminary Interview Outline.pdf How is light trespass measured or calculated_ _ Light Pollution _ Lighting Answers _ NLPIP.pdf 16_MLO_FINAL_JUNE2011.PDF Sec._21_278.___Lighting_requirements.doc Boulder Lighting Guide.pdf City+of+Page+Lignting+Ordinance+copy.pdf Microsoft Word - MLO_S&LDOOpen_20180723.doc.pdf Microsoft Word - Dark Sky - Lighting Ordinance Kanab - Version 12.1.docx.pdf Microsoft Word - Outdoor Lighting Design Guidelines _final - for adoption_.doc.pdf Model Outdoor Lighting Ordinance for Cities and Towns.pdf sampleregs.pdf Sedona+AZ+Lighting+Ordinance+copy+2.pdf PC Notes.docx

3.d Discussion: Updates and Revisions to Checklists EXHIBIT_C.___APPLICATION_CHECKLISTS.doc PC Notes.docx

4 Minutes

4.a June 4, 2019 pc_minutes_060419 done draft.docx

4.b August 6, 2019 pc_minutes_080619 done draft.docx

5 Adjournment

2 DOCKET OF THE PLANNING PAGE 2 August 20, 2019 COMMISSION

THE TOWN OF NORTH KINGSTOWN WILL PROVIDE INTERPRETERS FOR THE DEAF AND HARD OF HEARING AT ANY MEETING PROVIDED A REQUEST IS RECEIVED THREE (3) DAYS PRIOR TO SAID MEETING BY CALLING 294-3331, EXT. 120.

3 Planning Commission Agenda Item Report

Submitted by: Beth Gagnon Glasberg Submitting Department: Planning and Development Meeting Date: August 20, 2019

Agenda Action: Combined Master Plan/Preliminary Plan Public Hearing: Application of Daniel A. and Claudia DiSaia, 201 Essex Road, North Kingstown, RI 02852 for a proposed two-lot major subdivision located at 201 Essex Road and 12 Beverly Road, AP 158 Lot 11, zoned Neighborhood Residential (NR)

Motion:

ATTACHMENTS  DiSaia Master Prelim Staff Report 8 20.docx  DiSaia ZBR decision.pdf  DiSaia pc_minutes_020618.doc  DiSaia pc_minutes_060518.docx  DiSaia narrative.pdf  DiSaia plan.pdf

4 Town of North Kingstown, Rhode Island

100 Fairway Drive North Kingstown, RI 02852 Phone: (401) 294-3331 Fax: (401) 885-7373 Web: www.northkingstown.org

STAFF REPORT

To: Planning Commission From: Department of Planning and Development Meeting Date: August 20, 2019

Applicant/Owner Daniel A. and Claudia DiSaia 201 Essex Road North Kingstown, RI 02852 Request Combined master plan and preliminary hearing/approval for two-lot major subdivision Location Plat 158 Lot 11 201 Essex Road, North Kingstown, RI 02852 Existing Zoning Neighborhood Residential (NR) Surrounding Zoning Neighborhood Residential (NR) Groundwater Status N/A Lot size 13.9 acres Land Use Designation Medium Density Residential (MDR)

APPLICABLE REGULATIONS:

The following are the relevant ordinances to be considered in the review:  Section 21-38: Neighborhood Residential  Article IV: Dimensional Regulations: Table 2A: Residential Districts (NR lot dimensions)  Appendix A: Subdivision and Land Development Regulations

5 1 | P a g e DISCUSSION:

The DiSaia application was reviewed at the preapplication stage on February 6, 2018 and June 5, 2018. The February meeting included requests for alternative design options and review of development history of the property. A site visit was held in August 2018. This public hearing was advertised in The Independent on August 1, 2019.

The subject property is located at 201 Essex Road, also known as AP 158 Lot 11. The subject property and surrounding lots along Essex Road are zoned Neighborhood Residential. The Comprehensive Plan land use designation for the area is Medium Density Residential, where single-family residential dwellings are encouraged for every one to two acres. The subject property is a heavily-wooded 13.9-acre site. A watercourse and wetland is located throughout the middle portions of the property. The site also has a large water line easement running through it belonging to the Quonset Development Corporation. The property maintains two residential structures; the primary residence orients towards Essex Road while the second residence – an accessory dwelling unit – is located to the south of the property and is served by a driveway at the end of Beverly Road.

On January 23, 2003, the Zoning Board of Review approved a special use permit to allow for the construction of the accessory dwelling unit located at the south side of the site. The approval allowed for a three-bedroom residence with an attached two-car garage (totaling approximately 1,700 square feet in area), which is larger than a customary one or two-bedroom accessory dwelling unit.

The intention of the proposed subdivision is to create two lot lines so that the two residential structures would sit on separate lots. Proposed is one 1.16 acre lot with frontage on Beverly Road and the remaining 12.34 acres in the second lot with frontage on Essex Road. Both roads are public. No new construction is proposed. The applicant proposes to utilize the existing driveways.

If the applicant receives master/preliminary approval, he then will need to apply to the zoning board for relief regarding the limited nature of the Beverly Road frontage prior to returning to the Planning Department or Planning Commission for final subdivision application and approval.

At the pre-application in June 2018, the Planning Commission expressed concerns relating to setting precedent. The town’s legal counsel, Matt Callaghan, indicated an alternative for the applicant is to achieve similar results via condominium, which can be accomplished without Planning Commission or Zoning Board approval.

If the Planning Commission is concerned with the potential of further subdivision, staff suggests a condition could be placed on an approval that no further subdivision could occur. This condition would also be reflected on any recorded plan.

6 2 | P a g e GENERAL REQUIREMENTS:

Section 21-38 and Article IV, Table 2A of the Zoning Ordinance outline the intent of the Neighborhood Residential zoning district and the requirements for new lots. Although the subdivision is designed to provide one existing dwelling for each lot and complies with the area, depth and width requirements, the newly-created lot at the south of the site provides only 25 feet of frontage where 180 feet is required. Therefore, a dimensional variance would is required.

TECHNICAL REVIEW COMMITTEE:

The Technical Review Committee reviewed the pre-application at its July 2019 meeting. The Technical Review Committee had no issues with the application.

SUMMARY:

The proposal is compatible with the Neighborhood Residential zoning district, in that the project provides one dwelling unit for each lot within an acceptable range of residential density for the area. While a dimensional variance for the lack of required frontage along Beverly Road would be required to complete the subdivision, the project retains the existing residential setting and does not introduce any new construction or improvements to the existing residences. The Planning Commission did have concerns at the preapplication stage in regards to precedence since the second dwelling was originally permitted as an accessory dwelling. At that time it was determined that the proposal did not set a precedent, could be seen as reducing nonconformity as the Planning Commission, and alternative methods are available to the applicant (condominium) that would not provide the Planning Commission with an opportunity to review.

The Planning Commission is required to make findings on the subdivision standards, while both the master and preliminary plan require a written decision. Prior to granting approval, the Commission shall make the following findings:

1. The subdivision is consistent with the requirements of the North Kingstown Comprehensive Plan and/or shall satisfactorily address the issues where there may be inconsistencies. 2. Each lot in the subdivision conforms to the standards and provisions of the North Kingstown Zoning Ordinance. 3. There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval. 4. The subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impractical. 5. Proposed subdivision lots have adequate and permanent physical access to a public street. 6. The subdivision provides for safe circulation of pedestrian and vehicular traffic; for 7 3 | P a g e adequate surface water runoff; for suitable building sites; and for the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.

In addition, the Planning Commission should consider including conditions related to the requirement of obtaining zoning relief in order to complete the subdivision and determine whether or not final approval should be administrative.

8 4 | P a g e 9 10 Town of North Kingstown, Rhode Island 80 Boston Neck Road North Kingstown, RI 02852-5762 Phone: (401) 294-3331 Fax: (401) 885-7373 Web: www.northkingstown.org

NORTH KINGSTOWN PLANNING COMMISSION

February 6, 2018

The North Kingstown Planning Commission convened at Municipal Offices Court Room, 100 Fairway Dr., North Kingstown, RI

The following members were present:

Gardner Palmer, Jr. Patricia Nickles Patrick Roach Michael Annarummo James Grundy

Mr. Dion was excused.

Also, in attendance were Supervising Planner Maura Harrington, Principal Planner Shaun Lacey and Town Solicitor Matt Callaghan.

Pre-application: Application of Daniel A. DiSaia, 201 Essex Road, North Kingstown, RI 02852 for a proposed two-lot major subdivision located at 201 Essex Road, AP 158 Lot 11, zoned Neighborhood Residential (NR)

Mr. Lacey gave a summary of this proposal. He said that it is a pre-application for a two- lot major subdivision. The project is located at 201 Essex Rd. The property is nonconforming in that two single family homes where only one single family is allowed. Mr. DiSaia would like to assign each existing residence its own lot. Mr. DiSaia is proposing a subdivision that would create one lot with 1.16 acres; the remaining land would be set aside for the home along Essex Rd. Mr. Lacey said that the proposal is a major subdivision because a dimensional variance because of lack of frontage of the rear (south; Beverly Rd.) lot. 11 1 Mr. Lacey told the Commission that the proposal had been presented to the Technical Review Committee on January; no staff comments were received. He said that the proposal is compatible with the area and would rectify anon-conformity; the proposal does not introduce any new construction. Mr. Lacey also introduced information regarding a 2003 Zoning Board approval for an accessory unit; after which the second home was built. Mr. Lacey concluded reminding the Commission that this is before them as a Pre- Application; no vote will be taken. Mr. DiSaia is here to gage the Commission’s view and hear any feedback they may have.

Mr. Palmer turned the meeting to Commission discussion and comment.

Ms. Nickles said she remembered this property gaining approval for an accessory dwelling. She asked the Solicitor if one of these structures was approved as an accessory structure, should the Commission take that into consideration at all.

Mr. Callaghan said he was unaware of this until tonight, but he looked at the accessory structure approval as something the Zoning Board would deal with; not this Commission.

Mr. Grundy said he would like to see the minutes from the Zoning Board meeting where this was approved; he would not be willing to review this if it was being used as a mechanism to create a subdivision.

Mr. Roach commented that the Commission could look at this as if the back house did not exist. The proposal would simply be a subdivision that needs Zoning Board dimensional relief. The plan appears doable.

Mr. DiDasia weighed in that the original plan that gained approval was to build a second home for his son. He and his wife are getting older and are now considering a move but would like his son to have the ability to say in his home.

Mr. Callaghan said that back in 2003 there was a proposal for subdivision of the lot; it was met with trepidation, so Mr. DiSaia went for the option of establishing an accessory unit instead.

Mr. Grundy again said about not wanting to set a precedent; there are plenty of properties that have accessory unit approval with two structures – he does not want the accessory unit ordinance used as a vehicle to subdivision.

There was discussion about establishing a paper road which would give the newly created lot the frontage it needs.

Mr. Callaghan suggests the lengthening of Beverly Rd. or creation of a new paper road would relieve the need for a dimensional variance (a special use permit would be needed to build the road); this would prevent setting a precedent.

12 2 Mr. Grundy would like to review the 2003 Zoning Board minutes before offering a sense of approval to this project.

Mr. Palmer summed up saying that the Commission has offered up ways to accomplish what Mr. DiSaia wants to do with the property. If Mr. DiSaia remains on the plan to apply for Zoning Board approval for dimensional relief to frontage, there is a good possibility the Commission may not want to approve it as it may set precedent. A paper road would alleviate that concern; Mr. DiSaia should consider this and gain opinion from his wife and his engineer.

Mr. Palmer said that it does not look like a project the Commission would thoroughly discourage.

Mr. Palmer asked Planning staff to get the Zoning Board minutes to Commission members to review; member thoughts could then be passed to Mr. DiSaia. He said Mr. DiSaia should get in touch with the staff about how to move forward.

Beth Gagnon-Glasberg Recording Secretary

13 3 Town of North Kingstown, Rhode Island 80 Boston Neck Road North Kingstown, RI 02852-5762 Phone: (401) 294-3331 Fax: (401) 885-7373 Web: www.northkingstown.org

NORTH KINGSTOWN PLANNING COMMISSION

June 5, 2018

The North Kingstown Planning Commission convened at Municipal Offices Court Room, 100 Fairway Dr., North Kingstown, RI

The following members were present:

Gardner Palmer, Jr. Patricia Nickles Patrick Roach Tracey McCue James Grundy Paul Dion

Also, in attendance were Director of Planning and Development Nicole LaFontaine, Principal Planner Shaun Lacey and Town Solicitor(s) Matt Callaghan and Mark Hadden.

Mr. Palmer made and announcement about agenda items 3b and 3c: the Wickford Design Guidelines. The ordinance portion of the items will be tabled to allow the Wickford Design Guidelines Steering Committee time to weigh in further on the ordinance language and content. The Commission will go forward with the overview and discussion of the Guidelines.

Mr. Palmer reminded all that this is a Pre-Application; no decision will be made tonight. The applicant is here to present their proposal and hear feedback from the Commission to gage how they will proceed with the project.

14 1 He said that this applicant was before the Commission a few months back with a Pre-Application and has returned with a new Pre-Application.

Mr. Lacey presented a brief description of what this Pre-Application is about. He said this application is for a proposed two-lot subdivision. The project was also reviewed at the February 6, 2018 Planning Commission meeting. Mr. DiSaia wants to add a lot line to create two lots so that the two dwellings would sit on separate lots (Mr. DiSaia lives in one home; his son lives in the other). The reason he (Mr. DiSaia wants to do this is because he and his wife are getting older and are thinking they might want to move on; the DiSaia’s do not want to burden their son with a two dwelling property but want his son’s family to have the ability to continue living in their home. Following a discussion, the Commission requested that the applicant work with staff to consider alternative subdivision design options and to provide additional information pertaining to the development history of the property.

Mr. Lacey gave a brief rundown of the history. In 2003, the Zoning Board approved a Special Use Permit to allow for an accessory dwelling unit at the south side of the property. The approval allowed for a three-bedroom residence with an attached garage, which is larger than most approved accessory dwelling units. The approval results in the property maintaining two dwellings that appear primary in nature. He added that it is unlikely that Planning staff would support this today.

He continued that the project proposed to assign each residence its own lot (one 1.16 acre and the other 12.34 acres). Frontage for the larger created lot would be Essex Rd.; the smaller lot would front on Beverly Rd. There will be no new construction. Zoning Board relief would be needed for frontage along the newly created lot on Beverly Rd.

Mr. Lacey summed up that the proposal is comparable with Neighborhood Residential zoning, while a dimensional variance for the lack of frontage along Beverly Rd. would be required to complete the subdivision, the projects retains the existing residential setting with no additional construction. Mr. Lacey mentioned that Commission members had some concerns about setting a precedent that if someone was denied or dissuaded from subdividing property, they could take a route of obtaining a Special Use Permit; constructing and then request a subdivision to make the property(s) at least less non-conforming.

Mr. Grundy asked if the Commission is reviewing a proposal making this property(s) more or less non-conforming.

Mr. Callaghan addressed Mr. Grundy’s question. He said that he did not know if this proposal would make anything more non-conforming; but the Commission should consider these points: 1. this a 14-acre parcel; 2. The proposed lot does meet all of the dimensional requirements with the exception of the frontage along Beverly Rd.; 3. If the Commission does not grant a subdivision here, the applicant can achieve his request by condominium (which can be done with no Board or Commission’s review or approval). By taking control of this, the Commission leaves the community in better shape than establishing the possibility of condos on this property

15 2 and area. He added a 4th reason the Commission should consider the proposal; the Commission approved a similar administrative subdivision on Boston Neck Rd. a few months back.

Mr. Roach questioned Mr. Callaghan’s reference to the Boston Neck project; he said that the Boston Neck Rd. property was a situation that evolved over time.

Mr. Callaghan reminded the Commission that as Mr. Lacey inferred, this is a unique situation because of the size of the property and because the accessory unit meets all the dimensional requirements except for the road frontage; that distinction really distinguishes it from almost every other accessory in town.

Mr. Palmer asked if members had further questions or comments; with no further discussion Mr. Palmer opened the floor to the applicant.

Mr. Paul Bagosian came forward. He introduced himself as an attorney representing Mr. DiSaia.

Mr. Bagosian addressed Mr. Grundy’s question of how this plan makes the property less non- conforming. He said that with the except for the frontage issue, the one significant change is that we are getting a single structure on a single lot for two different lots. Now you have two structures on one lot and the applicant in that regard, is at least making it more conforming to the intent of the ordinance which he believes explicitly states a preference of one dwelling in residential zone. He said since the February meeting Mr. DiSaia along with his surveyor Dan Harrington met with staff; all tried to perhaps come up with a plan that would allow for the required frontage for both proposed lots. All at the meeting found this challenging. The situation is unique in part because of the existing stub street (Beverly Rd.); to continue this road in a straight line would eventually bring it to an abutter’s property. Mr. Bagosian concluded saying there is clearly an issue with respect to the lack of frontage, but the applicant’s team, the Town Solicitors, Planning staff and the Town Engineer could not come up with a solution. The proposal is basically the same as the Commission saw in February.

Mr. Callaghan confirmed that staff had contemplated different remedies to the frontage issue; they found that nothing would work.

Mr. Grundy asked if this proposal is approved, would there be any way for further possible subdivision.

Mr. Callaghan responded that with a subdivision approval the Commission could put conditions that the property have no further division; whereas, if Mr. DiSaia chose to go with condominiums, this Commission would have no control on what happens in the future.

Mr. Grundy responded that just based on looking at the parcel sizes that exists today even in this site layout that we have before us tonight, it appears it would be possible to create maybe a possible future subdivision off Essex Road in the future that would just be subject to site design and site layout. Mr. Grundy continued saying that the bulk of his questioning further subdivision 16 3 is because of the Zoning Board hearing in 2003; the Board had major concern with the applicant’s ability to sell the dwellings separately; this is exactly what the applicant is proposing. He further said that he still thinks this proposal does not make the property(s) less non- conforming, but he sees Mr. Callaghan’s point about control. If it puts us in a better position where the lot can't be further subdivided and that's an acceptable condition, then maybe there is a benefit.

Mr. Roach added that if the Commission considered that if the second dwelling had not been built and this proposal for subdivision came before this Commission, he would find that reasonable.

Mr. Palmer asked Mr. Bagosian if conditioning an approval would be agreeable.

Mr. Bagosian answered that he would have to discuss this with his client; he is not able to respond to that without speaking with him. He didn’t know that if he would necessarily want Mr. DiSaia to make that decision and commitment to you tonight without reflecting on it; Mr. DiSaia would want talk to his wife; she is a co-owner of the property.

Mr. Palmer said this is a pre-application, there's no decisions being made. It's apparent a conditioned approval is something that would certainly make the project goes more smoothly. It's not to say that it couldn't go forward without that, but you're hearing from at least a couple of members that that would help make a little bit easier.

Ms. Nickles mentioned the possibility of Mr. DiSaia going to the Zoning Board of Review prior to submitting his Master Plan; it would be nice if the Commission could decide knowing that frontage relief has been granted, and perhaps save Mr. DiSaia some time and money.

Ms. LaFontaine said the regulations require that you get your first level of approval; so at least Master Plan would have to be granted. In the past the Commission has allowed this after preliminary to ensure that you've covered what is needed. She said that she would prefer that the Commission continue the usual path.

Mr. Palmer said that in terms of feedback it sounds like it's generally something that the applicant could move forward with, I don't hear anybody saying no. Ms. McCue said she agrees with that, she has concern like everybody else is further development on the lot(s). She would be comfortable approving this proposal with the discussed stipulation.

Mr. Bagosian asked a question about “no further development”. Are you speaking specifically about an additional or perhaps a properly submitted application for a subdivision on the Essex Road lot; or, are you saying no additional accessory or uses attached to either of the lots?

Ms. McCue said allowing another lot or lots is her concern., When this was done in 2003 as an accessory dwelling it could not be subdivided and now here, we are looking to subdivide it. She understands Mr. DiSaia’s issues, but she said along with the rest of the Commissioners, she feels that it will set a precedent so that everybody that has an accessory unit will turn around and come back and say, Well, I can subdivide too. 17 4 Mr. Bagosian responded, what he was hearing was something slightly different from both Mr. Lacey and Mr. Callahan about the precedential effect of this being minimal because the situation here is unique.

Mr. Dion made note that there are no restrictions on subdividing any of the surrounding lots in this area. He doesn’t understand why this lot cannot be divided simply because of some aberration that may have occurred 15 years ago by the Zoning Board. He went back to the point made, that if Mr. DiSaia came into the Planning Department with a brand-new subdivision request now; it would be something the Planning staff and the Planning Commission would look at.

Mr. Callaghan said that this is a 14-acre parcel and the proposal is for 13-acre lot and a 1-acre lot. There are ways to control this, obviously the applicant wants to have a 13/1-acre parcel, but the Commission could divide the property in half seven acres to each lot if it wanted to. A lot of the property is wetland; it's never going to be developed. He said one other point is the only way that the property could be developed was if a road is put in; that may not be something that anybody including the Commission is going to be happy about. There is a benefit to the applicant to be able to divide it into a 13-acre lot and 1-acre lot; there may be a benefit to the community and this Commission to be able to control it so there's no further subdivision.

Mr. Dion asked if there is a specific reason Mr. DiSaia has requested the 13/1-acre proposal.

Mr. DiSaia addressed this question. He said there are a couple of reasons. One of them is that if you want to have a farm you need at least 10 acres or something like that; this was a farm and we may decide to grow some trees or something like that in the future. He said the second reason is that his son lives on the lot (the 1-acre proposal); he doesn't want his son to be burdened with taxes on more land than he needs. He said there is no plan to change anything. This would be a way to keep enough acreage to do something like that. Mr. Dion commented if the applicant is willing to not subdivide in the future, that's a different issue than us trying to force it on them.

Mr. Palmer said it doesn't sound like there's any opposition to this project proceeding to the next level; the question will be whether there will be enough support to do it without a condition on further subdivision, which would be an issue the applicant should consider moving forward.

Mr. Roach asked if there was a no further subdivision restriction placed on an approval is there a way to undo that.

Mr. Callaghan said an application could be submitted but it would have to come back to the Planning Commission and most likely the Zoning Board as well.

Mr. Palmer asked if anyone else had anything to add?

Mr. Bagosian asked if the “future subdivision” of the property was the only issue the Commission found with this request. 18 5 Mr. Palmer answered there is also Mr. Grundy’s concern of setting precedence. These are the two concerns that stand out; he would not want to commit the Commission to not having other issues as the process progresses.

Mr. Bagosian said he understood what Mr. Palmer is saying; he said that they didn’t’ have anything further at this point. He thanked the Commission.

Beth Gagnon-Glasberg Recording Secretary

19 6 20 21 22 23 Planning Commission Agenda Item Report

Submitted by: Nicole LaFontaine Submitting Department: Planning and Development/Zoning Meeting Date: August 20, 2019

Agenda Action: Combined Master Plan/Preliminary Plan Public Hearing: Application of the Town of North Kingstown for a two-lot major subdivision for Assessor’s Plat 117 Lot 211, also known as 55 Brown Street/municipal parking lot/Library Park located in a public (P) zone which will change to Wickford Village Center (WVC) once the subdivision is completed. The remaining land is proposed to be designated as AP 117 Lot 208 and will remain zoned Public (P).

Motion:

ATTACHMENTS  Annex staff report.pdf  Annex purchase and sales agreement.pdf  Annex plan.pdf

24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Planning Commission Agenda Item Report

Submitted by: Nicole LaFontaine Submitting Department: Planning and Development/Zoning Meeting Date: August 20, 2019

Agenda Action: Discussion: Amendments to Section 21-278 of the North Kingstown Zoning Ordinance related to Lighting Requirements

Motion:

ATTACHMENTS  Preliminary Interview Outline.pdf  How is light trespass measured or calculated_ _ Light Pollution _ Lighting Answers _ NLPIP.pdf  16_MLO_FINAL_JUNE2011.PDF  Sec._21_278.___Lighting_requirements.doc  Boulder Lighting Guide.pdf  City+of+Page+Lignting+Ordinance+copy.pdf  Microsoft Word - MLO_S&LDOOpen_20180723.doc.pdf  Microsoft Word - Dark Sky - Lighting Ordinance Kanab - Version 12.1.docx.pdf  Microsoft Word - Outdoor Lighting Design Guidelines _final - for adoption_.doc.pdf  Model Outdoor Lighting Ordinance for Cities and Towns.pdf  sampleregs.pdf  Sedona+AZ+Lighting+Ordinance+copy+2.pdf  PC Notes.docx

40 7/30/2019 Preliminary Interview Outline Questionnaire for Initiating a Municipal Outdoor Lighting Ordinance

The questions below are designed to assist with the customization of the wording and general direction of the ordinance.

1. Can you cite examples of abusive lighting in this community or elsewhere that you would like to prevent in the future?

2. What type areas do you wish to address in the ordinance? Circle all that apply:

A. Public Streets and Roads B. Residential off-street areas C. Residential property line joining commercial areas D. Commercial parking areas that are contiguous to public streets and roads E. Canopies (e.g., gas station/ convenience store, etc.) F. Sportsfields G. Historic/Architectural areas (perhaps allow as exceptions to the ordinance) H. Rural areas I. Building facades J. Illuminated/LED signs and billboards K. Private streets within subdivisions L. Outdoor sales areas, e.g., car lots M. Walkways, bikeways, trails and park areas N. Other ______O. Other ______

3. Do you wish to use (circle one):

A. Prescriptive controls (e.g., fixture types, mounting heights, glare control shields, etc.) B. Performance controls (footcandle limits such as average, maximum, and minimum and uniformity ratios that describe the evenness of lighted areas of a road or parking lot) C. Combination of A and B above

4. Regarding light trespass (spilling light onto a neighbor’s property) and light pollution (projecting excessive light into the night sky), how would you describe your goals toward limiting/controlling through an ordinance? Circle one:

A. Very aggressive B. Moderately Aggressive C. Somewhat lenient D. Lenient

4. Regarding holiday/festive and other temporary lighting (circle one):

A. Exempt this type of lighting in the ordinance B. Provide controls for this type of lighting in the ordinance

5. Lighting curfews require the reduction in light level and/or that the lights be cut off after a certain time of night. (circle one) 41 A. Use lighting curfews B. Use lighting curfews only for areas that have high light levels (i.e. sportsfields, car lots, etc.) www.polcouncil.org/polc2/LtgOrdInterviewD.htm 1/2 7/30/2019 Preliminary Interview Outline C. Do not include curfews in the ordinance

6. As it relates to maximum pole height for lighting fixtures in parking lots, which would you prefer? (circle one)

A. 16’ B. 20’ C. 25’ D. No particular preference

7. How to handle existing lighting in the municipality. (circle one)

A. Grant “grandfather” status – no changes are required for any existing lighting B. Grant “grandfather” status for all existing lighting except those specified by the municipality as type or areas that shall be retrofitted over a specified period of time to come into compliance C. Set a specific duration within which all non-conforming lighting must be brought into compliance.

8. Do you have other lighting concerns that were not adequately covered above? (please list)

www.polcouncil.org/polc2/LtgOrdInterviewD.htm 2/2 7/30/2019 How is light trespass measured or calculated? | Light Pollution | Lighting Answers | NLPIP

Volume 7 Issue 2 March 2003 (revised February 2007)

How is light trespass measured or calculated? The Institution of Lighting Engineers (ILE) specifies light trespass limits for light entering windows in terms of environmental zones (ILE 2000). (See “What are lighting environmental zones?”) It is difficult to measure light trespass because the occurrences are so different. Illuminance on a vertical plane (for example vertical illuminance at the window, as depictNLPIPed in FHomeigure 4) may be appropriate in some cases. Horizontal illuminance might be appropriate in other cases (for example, horizontal illuminance on a bed). An illuminance level of 1 lux (0.1 footcandle) might be Light Pollution Q & A acceptable to some and completely objectionable to another. For reference, 0.3 lux (0.03 footcandle) is typical of the illuResourcesminance that results from moonlight.

In a recent study, Boyce et al. (2001Sponsors) sugge sandt th Creditsat light trespass be measured in a relative manner, at property boundaries, to take into account both light coming into the property as well as light inside thGlossarye property. When designing the lighting for a site, imagine a vertical plane at the boundary between the site property and an adjacent property. Measure the illuminance onLegal the Noticesvertical plane at the property boundary, directed toward the lighting design site, 180° away from the adjacent property. Then rotate 180° away from the lighting dSiteesig Mapn site, and measure the illuminance on the vertical plane, directed toward the adjacent property. Calculate the ratio of the illuminance on the plane pointing toward the lighting design site to the illuminance on the plane pointing toward the adjacent property. If the ratio of the measured illuminances is less than unity (one), this implies that the design site receives more light from the adjacent property than the design site delivers to the adjacent property. If the ratio is greater than unity, then the design site delivers more light to the adjacent property than the adjacent property delivers to the site. The larger the ratio, the more likely light trespass complaints are to occur.

https://www.lrc.rpi.edu/programs/nlpip/lightinganswers/lightpollution/lightTrespassMeasured.asp 1/1

Illuminating ENGINEERING SOCIETY

JOINT IDA - IES MODEL LIGHTING ORDINANCE (MLO) with USER’S GUIDE

June 15, 2011 44 MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT

The User Notes The User Notes are intended to clarify the sections of the MLO for the various audiences who will use it: lighting designers, city officials, engineers, citizen groups, and others. Every effort has been made to keep the language technically accurate and clear, but since different disciplines may use the same term in different ways, or have different interpretations, some guidance may be helpful. While these Notes can not be a full tutorial on modern lighting design, it is hoped that the Notes will help facilitate the dialogue necessary to adopt the MLO.

Background The problems of light pollution first became an issue in the 1970s when astronomers identified the degradation of the night sky due to the increase in lighting associated with development and growth. As more impacts to the environment by lighting have been identified, an international “dark sky” movement is advocating for the precautionary approach to outdoor lighting design.

Many communities have passed anti-light-pollution laws and ordinances. However, there is little or no agreement among these laws, and they vary considerably in language, technical quality, and stringency. This is confusing for designers, engineers, and code officials. The lack of a common basis prevents the development of standards, educational programs, and other means of achieving the goal of effective lighting control.

This MLO will allow communities to drastically reduce light pollution and glare and lower excessive light levels. The recommended practices of the IES can be met using readily available, reasonably priced lighting equipment. However, many conventional lighting practices will no longer be permitted, or will require special permits.

This Model Lighting Ordinance (MLO) is the result of extensive efforts by the International Dark Sky Association (IDA) and the Illuminating 45 USER’S GUIDE - Page 2 ORDINANCE TEXT - Page 2 MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT

Engineering Society of North America (IES). Among its features is the use of lighting zones (LZ0-4) which allow each governing body to vary Joint IDA-IESNA the stringency of lighting restrictions according to the sensitivity of Model Outdoor Lighting the area as well as accommodating community intent. In this way, communities can fine-tune the impact of the MLO without having to Ordinance (MLO) customize the MLO. The MLO also incorporates the Backlight-Uplight- Glare (BUG) rating system for luminaires, which provides more June 15, 2011 effective control of unwanted light.

CONTENTS

I. Preamble...... 5

II. Lighting Zones...... 5

III. General Requirements for All Outdoor Lighting...... 8

IV. Requirements for Non-Residential Outdoor Lighting.....11

V. Requirements for Residential Outdoor Lighting...... 19

VI. Lighting by Special Permit Only...... 20

VII. Existing Lighting...... 21

VIII. Enforcement and Penalties (Reserved)...... 22

IX. Tables...... 23

X. Definitions...... 32

XI. (Optional) Street Lighting Ordinance...... 38

46 USER’S GUIDE - Page 3 ORDINANCE TEXT - Page 3 MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT General Notes in Adopting this Model Ordinance MLO Development and Task Force Members Adoption of this ordinance should follow the established development, review, and approval processes of the adopting authority. If no such This Model Lighting Ordinance has been developed as a joint under- processes are in place, this ordinance may be adopted as a new taking by the Illuminating Engineering Society and the International independent section of the Municipal Code. Dark-Sky Association. The Joint Task Force responsible for developing the MLO include The MLO is probably best adopted as an “overlay zoning” ordinance. This means that it overlays, but is different from, land-use zoning. It IDA IES can be added to or integrated into existing ordinances or codes and Co-Chair: Jim Benya Naomi Miller cross-referenced to other applicable codes and ordinances such as the Co-Chair: Nancy Clanton Cheryl English electrical code, the sign code, planning ordinances, etc. Leslie Lipstein Denis Lavoie Leo Smith Eric Gibson The MLO may best be managed by assigning it to planning officials Michael Mutmansky and using existing administrative structures. John Walter representing the electric utility industry also contributed as a member of the Joint Task Force. Because of the diverse community and lighting needs across large areas, this MLO is not intended for adoption as a state, provincial or national ordinance. Regional coordination is encouraged. Light pollution knows no boundaries, and the effects of polluting light persist as far as 200 kilometers (about 120 miles) from the source. One large city could adopt the MLO and dramatically affect a region, but adoption in suburbs and small towns must be part of a regional effort to achieve significant improvements in the overall quality of the night sky.

Adopting agencies should also consider that the MLO, like all other modern codes, is designed to evolve over time. Lighting technology will change, and MLO changes will be needed every few years. On-going renewal cycles are strongly recommended as any part of an adopting ordinance.

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I. PREAMBLE - User’s Guide I. PREAMBLE - Ordinance Text In general, the preamble is part of the ordinance but is typically not The purpose of this Ordinance is to provide regulations for outdoor part of the code. It establishes the reasons why the municipality is lighting that will: undertaking these regulations. a. Permit the use of outdoor lighting that does not exceed the minimum levels specified in IES recommended practices for night-time Local governments may add other purposes to the Preamble including safety, utility, security, productivity, enjoyment, and commerce. established local government environmental or energy goals that support the model lighting ordinance. The environmental impacts of b. Minimize adverse offsite impacts of lighting such as light trespass, outdoor lighting fall into two categories: carbon footprint (energy and obtrusive light. used in the life of a lighting product) and obtrusive light. c. Curtail light pollution, reduce skyglow and improve the nighttime CARBON FOOTPRINT OBTRUSIVE LIGHT environment for astronomy. Cost & Impact of Mining the Impact on Humans Materials Used d. Help protect the natural environment from the adverse effects Energy Used in Production Impact on the Environment of night lighting from gas or electric sources.

Energy Used during Product Life e. Conserve energy and resources to the greatest extent possible. Disposal/Recylcing Costs

II. LIGHTING ZONES - User’s Guide II. LIGHTING ZONES - Ordinance Text Lighting zones reflect the base (or ambient) light levels desired by a community. The use of lighting zones (LZ) was originally developed by The Lighting Zone shall determine the limitations for lighting as specified the International Commission on Illumination (CIE) and appeared first in this ordinance. The Lighting Zones shall be as follows: in the US in IES Recommended Practice for Exterior Environmental LZ0: No ambient lighting Lighting, RP-33-99. Areas where the natural environment will be seriously and It is recommended that lower lighting zone(s) be given preference when adversely affected by lighting. Impacts include disturbing the establishing zoning criteria. Selection of lighting zone or zones should be biological cycles of flora and fauna and/or detracting from based not on existing conditions but rather on the type of lighting human enjoyment and appreciation of the natural environ- environments the jurisdiction seeks to achieve. For instance, new ment. Human activity is subordinate in importance to nature. development on previously rural or undeveloped land may be zoned as The vision of human residents and users is adapted to the LZ-1.Using lighting zones allows a great deal of flexibility and darkness, and they expect to see little or no lighting. customization without the burden of excessive regulation. For example, When not needed, lighting should be extinguished. a jurisdiction may choose to establish vertical lighting zones with the lighting zone at street level at a higher zone than the residential 48 housing on upper levels.

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II. LIGHTING ZONES (cont.) - User’s Guide II. LIGHTING ZONES (cont.) - Ordinance Text

However, if an adjacent use could be adversely impacted by allowable LZ1: Low ambient lighting lighting, the adopting authority may require that a particular site meet the requirements for a lower lighting zone. For example, the authority Areas where lighting might adversely affect flora and fauna or could specify Lighting Zone 1 or 2 requirements if a commercial disturb the character of the area. The vision of human residents and development were adjacent to a residence, hospital or open space, or users is adapted to low light levels. Lighting may be used for safety to any land assigned to a lower zone. and convenience but it is not necessarily uniform or continuous. After curfew, most lighting should be extinguished or reduced as activity levels decline. Lighting zones are best implemented as an overlay to the established zoning especially in communities where a variety of zone districts LZ2: Moderate ambient lighting exists within a defined area or along an arterial street. Where zone districts are cohesive, it may be possible to assign lighting zones to Areas of human activity where the vision of human residents and established land use zoning. It is recommended that the lighting zone users is adapted to moderate light levels. Lighting may typically be includes churches, schools, parks, and other uses embedded within used for safety and convenience but it is not necessarily uniform or residential communities. continuous. After curfew, lighting may be extinguished or reduced as activity levels decline.

Zone Recommended Uses or Areas Zoning Considerations LZ3: Moderately high ambient lighting Lighting Zone 0 should be applied to areas in which permanent lighting is not expected and Areas of human activity where the vision of human residents and when used, is limited in the amount of lighting Recommended default zone users is adapted to moderately high light levels. Lighting is generally and the period of operation. LZ-0 typically for wilderness areas, parks desired for safety, security and/or convenience and it is often uniform includes undeveloped areas of open space, LZ-0 and preserves, and undevel- and/or continuous. After curfew, lighting may be extinguished or wilderness parks and preserves, areas near oped rural areas. reduced in most areas as activity levels decline. astronomical observatories, or any other area where the protection of a dark environment is Includes protected wildlife LZ4: High ambient lighting critical. Special review should be required for areas and corridors. any permanent lighting in this zone. Some rural communities may choose to adopt LZ-0 Areas of human activity where the vision of human residents and for residential areas. users is adapted to high light levels. Lighting is generally considered necessary for safety, security and/or convenience and it is mostly Recommended default zone Lighting Zone 1 pertains to areas that desire uniform and/or continuous. After curfew, lighting may be extinguished low ambient lighting levels. These typically for rural and low density LZ-1 include single and two family residential residential areas. or reduced in some areas as activity levels decline. communities, rural town centers, business Includes residential single or parks, and other commercial or industrial/ two family; agricultural zone storage areas typically with limited nighttime districts; rural residential activity. May also include the developed zone districts; business parks; areas in parks and other natural settings. open space include preserves 49 in developed areas.

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II. LIGHTING ZONES (cont.) - User’s Guide

Zone Recommended Uses or Areas Zoning Considerations Lighting Zone 2 pertains to areas with moder- Recommended default zone ate ambient lighting levels. These typically for light commercial business include multifamily residential uses, institu- districts and high density or tional residential uses, schools, churches, mixed use residentialdistricts. hospitals, hotels/motels, commercial and/or Includes neighborhood businesses areas with evening activities business districts; churches, LZ-2 embedded in predominately residential areas, schools and neighborhood neighborhood serving recreational and playing recreation facilities; and light fields and/or mixed use development with a industrial zoning with predominance of residential uses. Can be used modest nighttime uses or to accommodate a district of outdoor sales or lighting requirements. industry in an area otherwise zoned LZ-1. Lighting Zone 3 pertains to areas with moderately high lighting levels. These typically in- Recommended default clude commercial corridors, high intensity zone for large cities' suburban commercial areas, town centers, business district. mixed use areas, industrial uses and shipping LZ-3 and rail yards with high night time activity, Includes business zone high use recreational and playing fields, districts; commercial mixed regional shopping malls, car dealerships, gas use; and heavy industrial stations, and other nighttime active exterior and/or manufacturing zone retail areas. districts. Lighting zone 4 pertains to areas of very high Not a default zone. ambient lighting levels. LZ-4 should only be used for special cases and is not appropriate LZ-4 Includes high intensity for most cities. LZ-4 may be used for business or industrial extremely unusual installations such as high zone districts. density entertainment districts, and heavy industrial uses.

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III. GENERAL REQUIREMENTS - User’s Guide III. GENERAL REQUIREMENTS - Ordinance Text

This Section sets out the requirements that apply to all lighting, both A. Conformance with All Applicable Codes residential and non-residential. All outdoor lighting shall be installed in conformance with the provisions of this Ordinance, applicable Electrical and Energy Codes, and applicable sections of the Building Code. Each adopting jurisdiction should incorporate their existing standards as to when compliance with new regulations is required, when B. Applicability repair or remodeling triggers compliance and if the new ordinance Except as described below, all outdoor lighting installed after the date of will be retroactive to existing development. The Applicability section effect of this Ordinance shall comply with these requirements. This of this model ordinance should serve as a guide if the adopting juris- includes, but is not limited to, new lighting, replacement lighting, or any diction does not have standards or policies in place. Likewise, the other lighting whether attached to structures, poles, the earth, or any other adopting jurisdiction should use their existing policies and definitions location, including lighting installed by any third party. of what constitutes public monuments, and temporary and/or emergency lighting. Community attitudes and precedents should be Exemptions from III.(B.) The following are not regulated by taken into account in deciding to regulate seasonal holiday lighting. this Ordinance a. Lighting within public right-of-way or easement for the principal EXEMPTIONS - User’s Guide purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right of way or easement when This is standard language intended to prevent conflict of laws and to the purpose of the luminaire is to illuminate areas outside the give the community the ability to set specific lighting requirements in public right of way or easement, unless regulated with a special plans and under use permits. It can be amended to conform to streetlighting ordinance. similar language in other ordinances. For example, while public monuments, statuary, and flags should be lighted, the lighting also should Note to adopting agency: if using the street lighting ordinance be limited to avoid excess. (Section XI), this exemption should read as follows: Lighting within the public right-of-way or easement for the principal purpose of illuminating roads and highways. No exemption shall apply Lighting for streets, roads, and highways is usually regulated by a street to any street lighting and to any lighting within the public right of way or lighting ordinance, and is not covered by this model ordinance. However, easement when the purpose of the luminaire is to illuminate areas outside since street lighting can affect nearby areas, some recognition of its of the public right of way or easement. effect is appropriate. (See Section XI) b. Lighting for public monuments and statuary.

SIGN LIGHTING - User’s Guide c. Lighting solely for signs (lighting for signs is regulated by the Sign Ordinance). A sign lighting ordinance is strongly recommended if not already in place. It should carefully limit lighting to prevent over-lighted signs from being used d. Repairs to existing luminaires not exceeding 25% of total installed to circumvent lighting ordinances. luminaires. 51

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III. GENERAL REQUIREMENTS (cont.) - Ordinance Text

e. Temporary lighting for theatrical, television, performance areas and construction sites;

f. Underwater lighting in swimming pools and other water features

g. Temporary lighting and seasonal lighting provided that individual lamps are less than 10 watts and 70 lumens.

h. Lighting that is only used under emergency conditions.

i. In lighting zones 2, 3 and 4, low voltage landscape lighting controlled by an automatic device that is set to turn the lights off at one hour after the site is closed to the public or at a time established by the authority. Exceptions to III. (B.) All lighting shall follow provisions in this ordinance; however, any special requirements for lighting listed in a) and b) below shall take precedence.

a. Lighting specified or identified in a specific use permit.

b. Lighting required by federal, state, territorial, commonwealth or provincial laws or regulations.

LIGHTING CONTROLS - User’s Guide C. Lighting Control Requirements

This section requires all outdoor lighting to have lighting controls that 1. Automatic Switching Requirements prohibit operation when sufficient daylight is available, and to include Controls shall be provided that automatically extinguish all the capability, either through circuiting, dimming or alternating sources, outdoor lighting when sufficient daylight is available using a to be able to reduce lighting without necessarily turning all lighting off. control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system, all with battery or similar backup power or device.

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III. GENERAL REQUIREMENTS (cont.) - Ordinance Text

Exceptions to III.(C.) 1. Automatic lighting controls are not required for the following:

a. Lighting under canopies.

b. Lighting for tunnels, parking garages, garage entrances, and similar conditions.

CURFEW REQUIREMENTS - User’s Guide 2. Automatic Lighting Reduction Requirements The Authority shall establish curfew time(s) after which total outdoor The intent is to reduce or eliminate lighting after a given time. Benefits lighting lumens shall be reduced by at least 30% or extinguished. include reduced environmental impact, longer hours of improved astronomy, energy savings, and improved sleeping conditions for Exceptions to III.(C.) 2. Lighting reductions are not required residents. Additionally, some police departments have indicated that for any of the following: post-curfew light reductions make drive-by patrolling easier because it allows them to see further into and through a site. a. With the exception of landscape lighting, lighting for residential properties including multiple residential properties not having common areas. The authority should determine the time of curfew and the amount of lighting reduction based on the character, norms and values of the b. When the outdoor lighting consists of only one luminaire. community. c. Code required lighting for steps, stairs, walkways, and Typically, curfews go into effect one hour after the close of business. building entrances. Restaurants, bars and major entertainment facilities such as sports stadiums, may require the curfew go into effect two hours after the d. When in the opinion of the Authority, lighting levels must close of business. The authority may elect to have no curfew for facilities be maintained. with shift workers and 24 hour operations, or to extend the curfew time to meet specific needs. The MLO can be modified to address those e. Motion activated lighting. concerns. f. Lighting governed by special use permit in which times of operation are specifically identified. Areas without street lights or with very low ambient light levels should consider turning off all non-emergency lighting at curfew while g. Businesses that operate on a 24 hour basis. commercial areas or urban areas may prefer a reduction in lighting levels. A reduction of at least 30% is recommended for most uses.

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IV. NON-RESIDENTIAL LIGHTING - User’s Guide IV. NON-RESIDENTIAL LIGHTING - Ordinance Text

This section addresses non-residential lighting and multiple-family For all non-residential properties, and for multiple residential properties residences having common spaces, such as lobbies, interior corridors of seven domiciles or more and having common outdoor areas, all outdoor or parking. Its intent is to: lighting shall comply either with Part A or Part B of this section.

• Limit the amount of light that can be used

• Minimize glare by controlling the amount of light that tends to create glare

• Minimize sky glow by controlling the amount of uplight

• Minimize the amount of off-site impacts or light trespass

This MLO provides two methods for determining compliance. The prescriptive method contains precise and easily verifiable requirements for luminaire light output and fixture design that limit glare, uplight, light trespass and the amount of light that can be used. The performance method allows greater flexibility and creativity in meeting the intent of the ordinance. Note that both the prescriptive and the performance method limit the amount of light that can be used, but do not control how the lighting is to be used.

Most outdoor lighting projects that do not involve a lighting professional will use the prescriptive method, because it is simple and does not require engineering expertise.

For the prescriptive method, the initial luminaire lumen allowances defined in Table A (Parking Space Method) or B (Hardscape Area Method) will provide basic lighting (parking lot and lighting at doors and/or sensitive security areas) that is consistent with the selected lighting zone. The prescriptive method is intended to provide a safe lighting environment while reducing sky glow and other adverse offsite impacts. The Per Parking Space Method is applicable in small rural towns and is a simple method for small retail “mom and pop” operations without drive lane access and where 54 the parking lot is immediately adjacent to the road. A jurisdiction may

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PRESCRIPTIVE METHOD - User’s Guide IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text A. Prescriptive Method also allow a prescriptive method for classes of sites, such as car dealerships, An outdoor lighting installation complies with this section if it meets the gas stations, or other common use areas. requirements of subsections 1 and 2, below.

Note that the values are for initial luminaire lumens, not footcandles on 1. Total Site Lumen Limit the target (parking lot, sidewalk, etc). Variables such as the efficiency of the luminaire, dispersion, and lamp wear can affect the actual The total installed initial luminaire lumens of all outdoor lighting amount of light so the lumens per square foot allowance is not equal shall not exceed the total site lumen limit. The total site to footcandles on the site. By specifying initial luminaire lumen values, lumen limit shall be determined using either the Parking Space it is easier for officials to verify that the requirement is being met. Initial Method (Table A) or the Hardscape Area Method (Table B). luminaire lumens are available from photometric data. Each initial Only one method shall be used per permit application, and for luminaire lumens calculation should be supplied on the submittal form. sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. Solid state luminaires, such as LEDs, do not have initial lamp lumens, only The total installed initial luminaire lumens is calculated as the sum initial luminaire lumens (absolute photometry). Other luminaires tested of the initial luminaire lumens for all luminaires. with relative photometry will have initial luminaire lumens which can be calculated by multiplying initial lamp lumens by the luminaire efficiency. In this example, three types of luminaires are used to light a parking area and building entry in a light commercial area. Two of these three luminaires use metal halide lamps: 70 watt wall mounted area lights and 150 watt pole mounted area lights. For these, the Initial Luminaire Lumens is equal to the initial lamp lumens multiplied by the luminaire efficiency. These values are entered into the compliance chart. The lumen value for the building mounted LED luminaires is equal to the lumens exiting the luminaire. Therefore, the value already represents the Initial Luminaire Lumens and no luminaire efficiency is needed. The total Luminaire Lumens for the site is equal to 247,840.

The allowable lumens are based on the lighting zone and the total hardscape area. Referencing Table B, the allowed lumens are 2.5/SF for LZ2. Multiplying this by the total hardscape square footage gives a value of 250,000 lumens allowed. Because this value is greater than the value calculated for the site, the project complies. Listed below is an example on a typical compliance worksheet for the Prescriptive Method. 55

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IV. NON-RESIDENTIAL LIGHTING (cont.) - User’s Guide IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text

In this example, three types of luminaires are used to light a parking area and building entry in a light commercial area. Two of these three luminaires use metal halide lamps: 70 watt wall mounted area lights and 150 watt pole mounted area lights. For these, the Initial Luminaire Lumens is equal to the initial lamp lumens multiplied by the luminaire efficiency. These values are entered into the compliance chart. The lumen value for the building mounted LED luminaires is equal to the lumens exiting the luminaire. Therefore, the value already represents the Initial Luminaire Lumens and no luminaire efficiency is needed. The total Luminaire Lumens for the site is equal to 247,840. The allowable lumens are based on the lighting zone and the total hardscape area. Referencing Table B, the allowed lumens are 2.5/SF for LZ2. Multiplying this by the total hardscape square footage gives a value of 250,000 lumens allowed. Because this value is greater than the value calculated for the site, the project complies.

PRESCRIPTIVE METHOD EXAMPLE - COMPLIANCE CHART Lamp Descriptions QTY Initial Luminaire Lumens Total 70 W Me t al Halide 8 3,920 31,360 150 W Me t al Halide 20 9,600 192,000 18 W LED 24 1,020 24,480 TOTAL INITIAL LUMINAIRE LUMENS 247,840 SITE ALLOWED TOTAL INITIAL LUMENS* 250,000 PROJECT IS COMPLIANT? YES * Listed below is the method of determining the allowed total initial lumen for non-residential outdoor lighting using the hardscape areamethod. (Table B). SITE ALLOWED TOTAL INITIAL LUMENS Site Description Light Commercial Lighting Zone LZ-2 Hardsc ape Area (SF) 100,000 Allowed Lumens per SF 2.5 of Hardscape (Table B) Site Allowed Total Initial Lumens 56 (lumens per SF X hardscape area) 250,000

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PRESCRIPTIVE METHOD (cont.) - User’s Guide IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text LIMITS TO OFFSITE IMPACTS PRESCRIPTIVE METHOD

The prescriptive method of the MLO restricts uplighting, including 2. Limits to Off Site Impacts upward light emitted by decorative luminaires. A jurisdiction may choose to preserve some types of lighting, including lighting of All luminaires shall be rated and installed according to Table C. monuments or historic structures. In this case, the adopting jurisdiction should exempt or otherwise regulate these types of lighting carefully so 3. Light Shielding for Parking Lot Illumination that it does not inadvertently allow glaring or offensive lighting systems. All parking lot lighting shall have no light emitted above 90 degrees. Exception: Offsite effects of light pollution include glare, light trespass, sky glow, a) Ornamental parking lighting shall be permitted by special permit only, and impacts on the nocturnal environment . All of these are functions and shall meet the requirements of Table C-1 for Backlight, Table C-2 of the fixture or luminaire design and installation. This document replaces for Uplight, and Table C-3 for Glare, without the need for external the previous luminaire classification terminology of full cut-off, semi field-added modifications. cut-off, and cut-off because those classifications were not as effective in controlling offsite impacts as with the new IESNA luminaire classific ation system as described in TM-15-07.

A traditional method of defining light trespass is to identify a maximum light level at or near the property line. However, this method does not address offensive light that is not directed toward the ground, or the intensity of glaring light shining into adjacent windows. The requirements defined in Table C limit the amount of light in all quadrants that is directed toward or above the property line. The Backlight/Uplight/ Glare (BUG) rating will help limit both light trespass and glare. (A detailed explanation of the BUG system is provided in the section on Table C.)

The limits for light distribution established in Table C (for the BUG rating system) prevent or severely limit all direct upward light. A small amount of uplight reflected by snow, light-colored pavement or a luminaire's supporting arms is inevitable and is not limited by the prescriptive method of this ordinance.

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PRESCRIPTIVE METHOD (cont.) - User’s Guide IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text

LIMITS TO OFFSITE IMPACTS A seemingly non-compliant fixture, such as a post-top translucent acorn luminaire, may in certain cases meet the BUG ratings, as long as it has proper interior baffling within the acorn globe. However, the BUG ratings in Table C will limit the use of the following types of luminaires in all lighting zones:

Barn Lights Non-Shielded Floodlights or Wall Packs lights not aimed downward

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PERFORMANCE METHOD - User’s Guide IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text The performance method is best for projects with complex lighting B. Performance Method requirements or when the applicant wants or needs more flexibility in lighting design. The performance method is also used when any lighting 1. Total Site Lumen Limit designer plans to aim or direct any light fixture upward (above 90 degrees). An engineer or lighting professional generally will be required to design The total installed initial luminaire lumens of all lighting systems on the site shall not exceed the allowed total initial site lumens. The within the performance method. An adopting jurisdiction may also wish allowed total initial site lumens shall be determined using Tables D to hire an engineer or lighting professional to review and approve projects and E. For sites with existing lighting, existing lighting shall be using this method and/or incorporate review of the performance method included in the calculation of total installed lumens. into special review procedures. The total installed initial luminaire lumens of all is calculated as the sum of the The Performance Method is also best for projects where higher lighting initial luminaire lumens for all luminaires. levels are required compared to typical area lighting. An example might be a car sales lot where more light might be required on the new cars than would be needed for a standard parking lot. Another example is a gas station canopy requiring more light than a building entrance canopy.

The first step in the Performance Method regulates overlighting by establishing the Total Initial Site Lumens (Table D) that are allowed.

Allowances include the summation of the following (Table D): 1) Initial lumen allowance per site 2)Per area (SF) of hardscape

Table E allows additional lumens for unique site conditions. Examples of allowances include: 1)Per building entrance/exit 2)Per length (linear feet) of Outdoor Sales Frontage Perimeter 3)Per area (SF) of Vehicle Service Station Canopy 4)Plus more …

The Site Total Initial Site Lumens allowed are a combination of allowances from Table D and Table E. 59

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IV. NON-RESIDENTIAL LIGHTING (cont.) - User’s Guide IV. NON-RESIDENTIAL LIGHTING (cont.) - Ordinance Text LIMITS TO OFFSITE IMPACTS (cont.) PERFORMANCE METHOD The second step in the Performance Method is to determine if the proposed luminaires are producing off site impacts such as glare, sky glow 2. Limits to Off Site Impacts and light trespass. One may either use Option A which are the Maximum All luminaires shall be rated and installed using either Option A or Allowable BUG Ratings in Table C, or Option B through computer lighting Option B. Only one option may be used per permit application. calculations show compliance with Maximum Vertical Illuminance Option A: All luminaires shall be rated and installed according to at any point in the plane of the property line in Table F. Option B will be Table C. required for all non-residential luminaires that Option B: The entire outdoor lighting design shall be analyzed using A) do not have BUG ratings, or industry standard lighting software including inter- B) exceed the BUG ratings, reflections in the following manner: C) are not fully shielded, or D) have adjustable mountings. 1) Input data shall describe the lighting system including luminaire locations, mounting heights, aiming directions, For the performance method, Option B (2) requires photometric calcu- and employing photometric data tested in accordance with lations for the site perimeter, to a height of no less than 33 feet (10 IES guidelines. Buildings or other physical objects on the site within three object heights of the property line must be meters) above the tallest luminaire. Vertical illuminances at eye included in the calculations. height (5 feet above grade) will give values that can be used to verify compliance by comparing actual site conditions to the photometric plan 2) Analysis shall utilize an enclosure comprised of calculation submitted during review. planes with zero reflectance values around the perimeter of Note that the MLO specifies 'total initial luminaire lumens' as a measurement the site. The top of the enclosure shall be no less than 33 in addition to footcandles/lux. The footcandle (lux) is equal to one lumen feet (10 meters) above the tallest luminaire. Calculations shall per square meter. Lux is the metric unit and is equal to one lumen per square include total lumens upon the inside surfaces of the box top meter. and vertical sides and maximum vertical illuminance (footcandles and/or lux) on the sides of the enclosure.

The design complies if:

a) The total lumens on the inside surfaces of the virtual enclosure are less than 15% of the total site lumen limit; and

b) The maximum vertical illuminance on any vertical surface is less than the allowed maximum illuminance per Table F.

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DESIGN COMPLIANCE - User’s Guide

The application form will require information about the number of luminaires, the number of lamps in each luminaire, the initial luminaire lumens for each luminaire and the initial lumen output for each lamp (based on the wattage and type of lamp selected) as well as plans showing the site area measurements. This will allow the reviewer to verify that the lumen output of all the luminaires does not exceed the allowance.

Field verification can be achieved by asking the applicant and/or owner to verify that the luminaire type, lamp type and wattages specified have been used. Also ask the applicant for photometric data for each luminaire, since the initial luminaire lumens and B-U-G ratings are stated on the photometric report.

However, if a jurisdiction requires additional on-site verification, it may also request a point-by-point photometric plan. While this will not be a true measure of compliance with the criteria of this Ordinance, comparing the actual measured levels on site to the photometric plan can be an indication whether or not the installed lighting varies from the approved design.

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V. RESIDENTIAL LIGHTING - User’s Guide V. RESIDENTIAL LIGHTING - Ordinance Text This section applies to single family home, duplexes, row houses, and A. General Requirements low rise multi-family buildings of 6 dwelling units or less. For residential properties including multiple residential properties not having common areas, all outdoor luminaires shall be fully shielded and shall not exceed the allowed lumen output in Table G, RESIDENTIAL LIGHTING EXCEPTIONS row 2. The exceptions allow for typical lighting that might exceed the specified limits. Exceptions 1. One partly shielded or unshielded luminaire at the main Landscape Lighting - While not common in residential areas, it can entry, not exceeding the allowed lumen output in Table G row cause light pollution and light trespass if it is not controlled. 1. 2. Any other partly shielded or unshielded luminaires not Lighting controlled by Vacancy (Motion) Sensor - Reduces light pollution exceeding the allowed lumen output in Table G row 3. and light trespass and should be encouraged. 3. Low voltage landscape lighting aimed away from adjacent properties and not exceeding the allowed lumen output in Table RESIDENTIAL LIGHTING EXAMPLE G row 4. In this example on the following page, five different luminaires are used on 4. Shielded directional flood lighting aimed so that direct glare is a residential property. Each luminaire must comply to meet the requirements. not visible from adjacent properties and not exceeding the The site plan following shows luminaire types followed by a tabulation of each allowed lumen output in Table G row 5. uminaire, whether or not it is fully shielded, lamp type, and initial luminaire 5. Open flame gas lamps. lumens. If the luminaire lumens are not known, multiply the initial lamp 6. Lighting installed with a vacancy sensor, where the sensor extinguishes the lights no more than 15 minutes after the lumens by the luminaire efficiency. If the efficiency is not known, multiply the area is vacated. initial lamp lumens by 0.7 as a reasonable assumption. The maximum 7. Lighting exempt per Section III (B.). allowable lumen values come from Table G, based on the shielding classification and location on the site. In this case, each luminaire complies B. Requirements for Residential Landscape Lighting with the requirements of Table G. Comparison of efficacy by power 1.Shall comply with Table G. (120 Volt Incandescent lamps) 2.Shall not be aimed onto adjacent properties. Output Power (Watt) (Lumens) Incan CFL LED 500 40 8 - 10 9 850 60 13 - 18 12 - 15 1,200 75 18 - 22 15 1,700 100 23 - 28 18 62

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V. RESIDENTIAL LIGHTING - User’s Guide

Property Type: Residential Lighting Zone 1 Maximum Initial Allowed Initial Luminaire Luminaire Fully Lamp Luminiare Luminaire Lumens Type Location Description Shielded Type Lumens* (Table G) Controls Compliant Decorative wall A Front Entry sconce No 9W CFL 420 420 None Yes Fully shielded Occupancy B Garage Door wall pack Yes 23W CFL 1050 1260 Sensor Yes Decorative wall Occupancy C Back Entry sconce No 7W CFL 280 315 Sensor Yes Fully shielded Occupancy D Shed Entry wall pack Yes 40W INC 343 1260 Sensor Yes Fully shielded E Driveway post top Yes 13W CFL 1260 1260 None Yes *Initi al Luminaire Lumens are calculated by multiplying the total initial lamp lumens by the luminaire efficiency. If the luminaire efficie ncy is not known, assume an efficiency of 70% and multiply the lamp lumen value by 0.7. 63

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VI. LIGHTING BY SPECIAL PERMIT ONLY - User’s Guide VI. LIGHTING BY SPECIAL PERMIT ONLY - Ordinance Text This section addresses types of lighting that are intrusive or complex in A. High Intensity and Special Purpose Lighting their impacts and need a higher level of scrutiny and/or site sensitivity. The following lighting systems are prohibited from being installed or used except by special use permit: It should be noted that safety could be compromised if lighting conforming to this ordinance is located adjacent to excessively 1. Temporary lighting in which any single luminaire exceeds 20,000 bright and/or glaring lighting. initial luminaire lumens or the total lighting load exceeds 160,000 lumens. 2. Aerial Lasers. It is important that the authority set clear and reasonable guidelines 3. Searchlights. for applying for a special lighting use permit, and establish rules and 4. BOther very intense lighting defined as having a light source procedures for granting or refusing them. They may differ from exceeding 200,000 initial luminaire lumens or an intensity in any existing special use policies, in which case one or the other may be direction of more than 2,000,000 candelas. changed to achieve the overall goal of effective lighting without glare, sky glow, or light trespass. B. Complex and Non-Conforming Uses Upon special permit issued by the Authority, lighting not complying with SPORTS FIELD LIGHTING the technical requirements of this ordinance but consistent with its intent For athletic and sports fields, the appropriate level of lighting will depend may be installed for complex sites or uses or special uses including, but on the Class of Play and Facilities. Class of Play is divided into 4 categories, not limited to, the following applications: depending on the number of fixed spectator seats. (Competition play intended for nighttime TV broadcast may require higher lighting levels). 1. Sports facilities, including but not limited to unconditioned rinks, open courts, fields, and stadiums. CLASS I: Competition play at facilities with 5,000 or more fixed spectator seats. 2. Construction lighting. (Professional, Colleges & Universities, some Semi-Professional & Large 3. Lighting for industrial sites having special requirements, such as Sports Cubs) petrochemical manufacturing or storage, shipping piers, etc. 4. Parking structures. CLASS II: Games at facilities with over 1,500 fixed spectator seats. (Smaller 5. Urban parks Universities and Colleges, some Semi-pro, large amateur leagues 6. Ornamental and architectural lighting of bridges, public monuments, and high schools with large spectator facilities) statuary and public buildings. CLASS III: Games at facilities with over 500 fixed spectator seats. (Sports 7. Theme and amusement parks. Clubs and amateur leagues, some high schools and large training 8. Correctional facilities. professional training facilities with spectator sections) CLASS IV: Competition or recreational play at facilities with 500 fixed To obtain such a permit, applicants shall demonstrate that the proposed spectator seats or less. Class IV Class of Play applies to games at lighting installation: which family and close friends of the players and staff are usually a. Has sustained every reasonable effort to mitigate the effects of the majority of spectators. (Smaller amateur leagues, park and recreation light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures. Such department facilities, most Little Leagues smaller high schools, statement shall be accompanied by the calculations required for64 elementary and middle schools, and social events) the Performance Method. USER’S GUIDE - Page 21 ORDINANCE TEXT - Page 21 MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT

SPORTS FIELD LIGHTING VI. LIGHTING BY SPECIAL PERMIT ONLY (cont.) - Ordinance Text When Class of Play is above Class IV, a dual control should be installed b. Employs lighting controls to reduce lighting at a Project Specific to limit illumination to Class IV levels during practices where spectators Curfew (“Curfew”) time to be established in the Permit. are fewer than 500. c. Complies with the Performance Method after Curfew.

(See IES Recommended Practice for Sports and Recreational Area The Authority shall review each such application. A permit may be Lighting RP-6) granted if, upon review, the Authority believes that the proposed lighting will not create unwarranted glare, sky glow, or light trespass.

VII. EXISTING LIGHTING - User’s Guide VII. EXISTING LIGHTING - Ordinance Text

Lighting installed prior to the effective date of this ordinance shall comply Adoption of this section on existing lighting is strongly encouraged. with the following.

If the adopting jurisdiction has criteria in place that require a property A. Amortization to come into compliance with the current zoning ordinance, it is On or before [amortization date], all outdoor lighting shall comply recommended that the criteria also be applied to bringing existing with this Code. lighting into compliance. If there are no established criteria, this section of the MLO is recommended. B. New Uses or Structures, or Change of Use Whenever there is a new use of a property (zoning or variance Amortization allows existing lighting to gradually and gracefully come change) or the use on the property is changed, all outdoor lighting into compliance. Substantial changes or additions to existing properties on the property shall be brought into compliance with this Ordinance are considered the same as new construction, and must comply. before the new or changed use commences. C. Additions or Alterations Most outdoor lighting can be fully depreciated once it is fully amortized, usually no longer than 10 years, if not sooner, from the 1. Major Additions. date of initial installation. Some jurisdictions may prefer to require If a major addition occurs on a property, lighting for the entire phase-out in a substantially shorter period. The Authority may also property shall comply with the requirements of this Code. For wish to require compliance much sooner for “easy fixes” such as purposes of this section, the following are considered to be major re-aiming or lowering lumen output of lamps. Where lighting is judged additions: to be a safety hazard, immediate compliance can be required.

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VII. EXISTING LIGHTING (cont.) - Ordinance Text

Additions of 25 percent or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this Ordinance.

Single or cumulative additions, modification or replacement of 25 percent or more of installed outdoor lighting luminaires existing as of the effective date of this Ordinance.

2. Minor Modifications, Additions, or New Lighting Fixtures for Non-residential and Multiple Dwellings For non-residential and multiple dwellings, all additions, modifications, or replacement of more than 25 percent of outdoor lighting fixtures existing as of the effective date of this Ordinance shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting.

Any new lighting shall meet the requirements of this Ordinance.

3. Resumption of Use after Abandonment If a property with non-conforming lighting is abandoned for a period of six months or more, then all outdoor lighting shall be brought into compliance with this Ordinance before any further use of the property occurs.

VIII. ENFORCEMENT AND PENALTIES - User’s Guide VIII. ENFORCEMENT & PENALTIES - Ordinance Text Enforcement and penalties will vary by jurisdiction. There are, however, (Reserved) certain practices that will promote compliance with lighting regulations. Education is a key tool in promoting compliance. Proactive enforcement procedures can include providing a copy of the lighting regulations to every contractor at the time they visit to obtain a building permit. Another effective tool is a requirement that the builder or developer acknowledge in writing that the he or she is familiar with the lighting requirements and will submit a lighting plan for approval. 66

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VIII. ENFORCEMENT AND PENALTIES (cont.) - User’s Guide VIII. ENFORCEMENT & PENALTIES - Ordinance Text

Submission of the Lighting Plan should be required as a precondition to any approvals. The Lighting Plan should include the location and BUG rating for each luminaire, specify whether compliance is by the performance or prescriptive method, and a worksheet to show that the luminaires and their BUG ratings are compliant.

IX. TABLES - User’s Guide IX. TABLES - Ordinance Text

The tables are to be reviewed periodically by a joint committee of the Table A - Allowed Total Initial Luminaire Lumens per Site for IES and IDA, and adjusted as standards and technology permit. If more Non-residential Outdoor Lighting, Per Parking Space Method May only be applied to properties up to 10 parking spaces (including research on the impacts of outdoor lighting shows the effects of light handicapped accessible spaces). pollution to be a significant concern, then the values in the tables may be modified. Such changes will have no significant impact to the balance of the language of the Ordinance or Code. LZ-0 LZ-1 LZ-2 LZ-3 LZ-4 350 490 630 840 1,050 lms/space lms/space lms/space lms/space lms/space

Table B - Allowed Total Initial Lumens per Site for Non- residential Outdoor Lighting, Hardscape Area Method May be used for any project. When lighting intersections of site drives and public streets or road, a total of 600 square feet for each intersection may be added to the actual site hardscape area to provide for intersection lighting.

LZ-0 LZ-1 LZ-2 LZ-3 LZ-4 Base Allowance 0.5 lumens 1.25 lumens 2.5 lumens 5.0 lumens 7.5 lumens per SF of per SF of per SF of per SF of per SF of Hardscape Hardscape Hardscape Hardscape Hardscape

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IX. TABLES - Ordinance Text Table B - Lumen Allowances, in Addition to Base Allowance LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 Additional allowances for sales and service facilities. No more than two additional allowances per site, Use it or Lose it.

Outdoor Sales Lots. This allowance is lumens per square foot of uncovered sales lots used exclusively 4 8 16 16 for the display of vehicles or other lumens lumens lumens lumens merchandise for sale, and may not 0 per per per per include driveways, parking or other square square square square non sales areas. To use this allow- foot foot foot foot ance, luminaires must be within 2 mounting heights of sales lot area.

Outdoor Sales Frontage. This allowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and unobstructed for its viewing length. 1,000 1,500 2,000 A corner sales lot may include two 0 0 per per per adjacent sides provided that a differ- LF LF LF ent principal viewing location exists for each side. In order to use this allowance, luminaires must be located between the principal viewing location and the frontage outdoor sales area 8,000 Drive Up Windows. In order to 2,000 4,000 8,000 lumens lumens lumens use this allowance, luminaires lumens 0 per per per per must be within 20 feet horizontal drive-up drive-up drive-up drive-up distance of the center of the window window window window window. 4,000 8,000 16,000 24,000 lumens lumens lumens lumens Vehicle Service Station. This 0 per per per per allowance is lumens per installed pump pump pump pump fuel pump. (based (based (based (based on 5 fc on 10 fc on 20 fc on 20 fc horiz) horiz) horiz) horiz) 68

USER’S GUIDE - Page 25 ORDINANCE TEXT - Page 25 MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT IX. TABLES - TABLE C BUG RATING - User’s Guide IX. TABLES (cont.) - Ordinance Text Work on the BUG system started in 2005 when the IES upgraded the Table C - Maximum Allowable Backlight, Uplight and Glare roadway cutoff classification system. The original system, which (BUG) Ratings included the ratings full cutoff, cutoff, semi-cutoff and non cutoff, had May be used for any project. A luminaire may be used if it is rated for been designed as a rating system focused on brightness and glare control. the lighting zone of the site or lower in number for all ratings B, U and G. However, with increasing demand for control of uplight and light trespass in Luminaires equipped with adjustable mounting devices permitting addition to glare, IES realized that a more comprehensive system was alteration of luminaire aiming in the field shall not be permitted. needed. IES developed TM-15 Luminaire Classification System for Lighting Lighting Lighting Lighting Lighting Outdoor Luminaires. TABLE C-1 Zone Zone Zone Zone Zone 0 1 2 3 4 As this is a relatively new rating system, and many people may not be Allowed Backlight Rating* familiar with it, more explanation of how the rating system works is provided here. For example, some people are familiar with terms such Greater than 2 mounting heights from property line B1 B3 B4 B5 B5 as “full cutoff” and they may expect the MLO to include those terms. It will be very important that all groups recognize that older terms and 1 to less than 2 mounting heights from property line B1 B2 B3 B4 B4 concepts are inadequate for the complex tasks of controlling light and ideally oriented** pollution. It is recommended that the new rating system adopted in TM-15, as followed herein by the MLO, be used intact and exclusively. 0.5 to 1 mounting heights from property line and B0 B1 B2 B3 B3 ideally oriented** BUG requires downlight only with low glare (better than full cut off) in lighting zones 0, 1 and 2, but allows a minor amount of uplight in Less than 0.5 mounting height to property line B0 B0 B0 B1 B2 lighting zones 3 and 4. In lighting zones 3 and 4, the amount of allowed and properly oriented** uplight is enough to permit the use of very well shielded luminaires that have a decorative drop lens or chimney so that dark sky friendly *For property lines that abut public walkways, bikeways, plazas, and lighting can be installed in places that traditional-appearing luminaires parking lots, the property line may be considered to be 5 feet beyond are required. BUG typically cannot be used for residential luminaires the actual property line for purpose of determining compliance with unless they have been photometrically tested. For non-photometrically this section. For property lines that abut public roadways and public tested residential luminaires, shielding description is used instead. transit corridors, the property line may be considered to be the centerline of the public roadway or public transit corridor for the purpose of determining compliance with this section. NOTE: This adjustment is The lumen limits established for each lighting zone apply to all types relative to Table C-1 and C-3 only and shall not be used to increase of lighting within that zone. This includes, but is not limited to, specialty the lighting area of the site. lighting, façade lighting, security lighting and the front row lighting for auto dealerships. BUG rating limits are defined for each luminaire and ** To be considered 'ideally oriented', the luminaire must be mounted with the backlight portion of the light output oriented perpendicular and towards the property line of concern. 69

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MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT

IX. TABLES - TABLE C BUG RATING (cont.) - User’s Guide IX. TABLES (cont.) - Ordinance Text

are based on the internal and external design of the luminaire, its aiming, and the initial luminaire lumens of the specified luminaires. The BUG rating limits also take into consideration the distance the luminaire is installed from the property line in multiples of the mounting height (See Table C).

The three components of BUG ratings are based on IES TM-15-07 (revised):

Backlight, which creates light trespass onto adjacent sites. The B rating takes into account the amount of light in the BL, BM, BH and BVH zones, which are in the direction of the luminaire OPPOSITE from the area intended to be lighted.

Uplight, which causes artificial sky glow. Lower uplight (zone UL) causes the most sky glow and negatively affects professional and academic astronomy. Upper uplight (UH) not reflected off a surface is mostly energy waste. The U rating defines the amount of light into the upper hemisphere with greater concern for the light at or near the horizontal angles (UL).

Glare, which can be annoying or visually disabling. The G rating takes into account the amount of frontlight in the FH and FVH zones as well as BH and BVH zones.

BUG ratings apply to the Lighting Zone of the property under consideration. 70

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IX. TABLES - TABLE C BUG RATING (cont.) - User’s Guide IX. TABLES (cont.) - Ordinance Text (Key: UH=Uplight High, UL=Uplight Low, BVH=Backlight Very High, BH=Backlight High, BM=Backlight Medium, BL=Backlight Low, Table C - 2 Maximum Allowable Uplight FVH=Forward Light Very High, FH=Forward Light High, (BUG) Ratings - Continued FM=Forward Light Medium, FL=Forward Light Low.) Lighting Lighting Lighting Lighting Lighting TABLE C-2 Zone Zone Zone Zone Zone In general, a higher BUG rating means more light is allowed in solid 0 1 2 3 4 angles, and the rating increases with the lighting zone. However, a Allowed Uplight Rating U0 U1 U2 U3 U4 higher B (backlight) rating simply indicates that the luminaire directs a Allowed % light emission significant portion of light behind the pole, so B ratings are designated above 90º for street or Area 0% 0% 0% 0% 0% based on the location of the luminaire with respect to the property line. lighting A high B rating luminaire maximizes the spread of light, and is effective and efficient when used far from the property line. When luminaires are located near the property line, a lower B rating will prevent unwanted Table C - 3 Maximum Allowable Glare light from interfering with neighboring properties. (BUG) Ratings - Continued

At the 90-180 degree ranges: Lighting Lighting Lighting Lighting Lighting TABLE C-3 Zone Zone Zone Zone Zone 0 1 2 3 4 • Zone 0 allows no light above 90 degrees. Allowed Glare Rating G0 G1 G2 G3 G4 Any luminaire not ideally • Zone 1 allows only 10 lumens in the UH and UL zones, 20 lumens oriented*** with 1 to less than 2 G0 G0 G1 G1 total in the complete upper hemisphere. (This is roughly equivalent mounting heights to any G2 to a 5 W incandescent lamp). property line of concern Any luminaire not ideally oriented*** with 0.5 to 1 • Zone 2 allows only 50 lumens in the UH and UL zones, 100 lumens mounting heights to any G0 G0 G0 G1 G1 total (less than a 25W incandescent lamp). property line of concern Any luminaire not ideally • Zone 3 allows only 500 lumens in the UH and UL zones, 1000 lumens oriented*** with less than 0.5 mounting heights to any G0 G0 G0 G0 G1 total (about the output of a 75W incandescent bulb). property line of concern

· Zone 4 allows only 1,000 lumens in the UH and UL zones, 2000 lumens *** Any luminaire that cannot be mounted with its backlight perpendicular total (about the output of a 100W incandescent bulb). to any property line within 2X the mounting heights of the luminaire location shall meet the reduced Allowed Glare Rating in Table C-3.

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TABLE D EXAMPLE - PERFORMANCE METHOD - User’s Guide IX. TABLES (cont.) - Ordinance Text The first step in the Performance Method is to establish the Site Total Table D Performance Method Allowed Total Initial Site Initial Site Lumens which regulates overlighting. The performance method Lumens allows layers of light depending on the complexity of the site. May be used on any project.

Table D establishes the basic total initial site lumens allowed. These Lighting Zone LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 lumen allowances are added together for a total initial site lumen allowance. Allowances include: Allowed Lumens Per SF 0.5 1.25 2.5 5.0 7.5

1) Initial lumen allowance per site Allowed Base Lumens Per Site 0 3,500 7,000 14,000 21,000

2) Per area (SF) of hardscape

Table E Performance Method Additional Initial Luminaire Lumen Allowances. All of the following are “use it or lose it” allowances. All area and distance measurements in plan view unless otherwise noted.

Lighting Application LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 Additional Lumens Allowances for All Buildings except service stations and outdoor sales facilities. A MAXIMUM OF THREE (3) ALLOWANCES ARE PERMITTED. THESE ALLOWANCES ARE “USE IT OR LOSE IT”.

Building Entrances or Exits. This allowance is per door. In order to 400 1,000 2,000 4,000 6,000 use this allowance, luminaires must be within 20 feet of the door. Building Facades. This allowance is lumens per unit area of building façade that are illuminated. To use 0 this allowance, luminaires must be 0 8/SF 16/SF 24/SF aimed at the façade and capable of illuminating it without obstruction. 72

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TABLE E PERFORMANCE METHOD - User’s Guide IX. TABLES (cont.) - Ordinance Text

The allowable light levels for these uses defined in Table E may be used Table E - Performance Method Additional Initial Lumen to set a prescriptive lighting allowance for these uses in each lighting Allowances (cont.) zone. It should be noted that the lighting allowance defined in Table E Lighting Application LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 is only applicable for the area defined for that use and cannot be Sales or Non-sales Canopies. This transferred to another area of the site. For some uses, such as outdoor allowance is lumens per unit area for sales, the jurisdiction is encourages to define a percentage of the total the total area within the drip line of 0 3/SF 6/SF 12/SF 18/SF hardscape area that is eligible for the additional lighting allowance. For the canopy. In order to qualify for this allowance, luminaires must be example, a set percentage of a car dealership's lot may be considered a located under the canopy. display area and receive the additional lighting allowance where the Guard Stations. This allowance is remainder of the lot would be considered storage, visitor parking, etc. lumens per unit area of guardhouse and cannot exceed the base light levels defined in Table A. plus 2000 sf per vehicle lane. In order 0 6/SF 12/SF 24/SF 36/SF to use this allowance, luminaires must be within 2 mounting heights of TABLE E EXAMPLE - PERFORMANCE METHOD - User’s Guide a vehicle lane or the guardhouse. Outdoor Dining. This allowance is lumens per unit area for the total illuminated hardscape of outdoor dining. In order to use this allowance, 0 1/SF 5/SF 10/SF 15/SF luminaires must be within 2 mounting heights of the hardscape area of outdoor dining Drive Up Windows. This allowance 2,000 4,000 8,000 8,000 is lumens per window. In order to lumens lumens lumens lumens use this allowance, luminaires must 0 per per per per be within 20 feet of the center of the drive-up drive-up drive-up drive-up window. window window window window Additional Lumens Allowances for Service Stations only. Service stations may not use any other additional allowances. Vehicle Service Station Hardscape. This allowance is lumens per unit area for the total illuminated hardscape area less area of buildings, area under canopies, area off property, or areas obstructed by signs or structures. In 0 4/SF 8/SF 16/SF 24/SF order to use this allowance, luminaires must be illuminating the hardscape area and must not be within a building, below a canopy, beyond property lines, or obstructed by a sign or other structure. 73

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IX. TABLES (cont.) - Ordinance Text Table E - Performance Method Additional Initial Lumen Allowances (cont.)

Lighting Application LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 Vehicle Service Station Canopies. This allowance is lumens per unit area for the total area within the drip line of the canopy. In order to use 0 8/SF 16/SF 32/SF 32/SF this allowance, luminaires must be located under the canopy. Additional Lumens Allowances for Outdoor Sales facilities only. Outdoor Sales facilities may not use any other additional allowances. NOTICE: lighting permitted by these allowances shall employ controls ex- tinguishing this lighting after a curfew time to be determined by the Authority. Outdoor Sales Lots. This allowance is lumens per square foot of uncovered sales lots used exclusively for the display of vehicles or other merchandise for sale, and may not in- 0 4/SF 8/SF 12/SF 18/SF clude driveways, parking or other non sales areas and shall not exceed 25% of the total hardscape area. To use this allowance, Luminaires must be within 2 mounting heights of the sales lot area.

Outdoor Sales Frontage. This allowance is for lineal feet of sales frontage immediately adjacent to the principal viewing location(s) and unobstructed for its viewing length. A 1,000/ 1,500/ 2,000/ corner sales lot may include two ad- 0 0 jacent sides provided that a different LF LF LF principal viewing location exists for each side. In order to use this allowance, luminaires must be located between the principal viewing location and the frontage outdoor sales area.

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IX. TABLES (cont.) - Ordinance Text

Table F Maximum Vertical Illuminance at any point in the plane of the property line

Lighting Lighting Lighting Lighting Lighting Zone 0 Zone 1 Zone 2 Zone 3 Zone 4

0.05 FC or 0.1 FC or 0.3 FC or 0.8 FC or 1.5 FC or 0.5 LUX 1.0 LUX 3.0 LUX 8.0 LUX 15.0 LUX

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IX. TABLES (cont.) - Ordinance Text

Table G - Residential Lighting Limits

Lighting Application LZ 0 LZ 1 LZ 2 LZ 3 LZ 4 Row 1 Maximum Allowed Not 420 630 630 Luminaire Lumens* for Unshield- 630 allowed lumens lumens lumens ed Luminaires at one entry only lumens

Row 2 Maximum Allowed 630 1,260 1,260 1,260 1,260 Luminaire Lumens* for each lumens lumens lumens lumens lumens Fully Shielded Luminaire

Row 3 Maximum Allowed Luminaire Lumens* for each Not 315 315 315 315 Unshielded Luminaire allowed lumens lumens lumens lumens excluding main entry Row 4 Maximum Allowed Luminaire Lumens* for each Not Not 1,050 2,100 2,100 Landscape Lighting allowed allowed lumens lumens lumens

Row 5 Maximum Allowed Luminaire Lumens* for each Not Not 1,260 2,100 2,100 Shielded Directional Flood allowed allowed lumens lumens lumens Lighting Row 6 Maximum Allowed Luminaire Lumens* for each Not Not 525 525 525 Low Voltage Landscape allowed allowed lumens lumens lumens Lighting

* Luminaire lumens equals Initial Lamp Lumens for a lamp, multiplied by the number of lamps in the luminaire

TABLE G RESIDENTIAL LIGHTING - User’s Guide Residential Light Levels Most residential lighting has traditionally used incandescent lamps which are identified by their wattage. However, since new technologies provide more light for fewer watts, it is no longer possible to regulate residential lighting solely by providing a maximum wattage. Table G, therefore, lists maximum initial luminaire lumens only. 76

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X. DEFINITIONS - User’s Guide X. DEFINITIONS - Ordinance Text

Definitions are typically generally added to any code when new code Photometric measurements (usually of a sections are added. The definitions are legally required and play a Absolute solid-state luminaire) that directly measures significant role in the interpretation of the ordinance and code. Photometry the footprint of the luminaire. Reference Standard IES LM-79 Most city attorneys will not accept references to outside sources regardless of credibility, such as the IES Handbook. Thus as a general Lighting designed to reveal architectural rule, a definition for an unfamiliar term (e.g. lumens) must be added Architectural Lighting beauty, shape and/or form and for which by the adopting ordinance. lighting for any other purpose is incidental. The adopting municipality, agency or other When adopting or integrating the MLO definitions, be sure to retire Authority governing body. conflicting technical terminology. In particular, the latest IES Luminaire An automatic lighting control device that Astronomic Classification System as defined in IES TM-15-07 is likely to need switches outdoor lighting relative to time of Time Switch attention. solar day with time of year correction. For an exterior luminaire, lumens emitted in the quarter sphere below horizontal and in the Backlight opposite direction of the intended orientation of the luminaire. For luminaires with symmetric distribution, backlight will be the same as front light. A luminaire classification system that clas- BUG sifies backlight (B), uplight (U) and glare (G). A covered, unconditioned structure with at Canopy least one side open for pedestrian and/or vehicular access. (An unconditioned structure is one that may be open to the elements and has no heat or air conditioning.) One or more of the following: a parking lot; Common a parking structure or covered vehicular Outdoor entrance; a common entrance or public space Areas shared by all occupants of the domiciles.

A time defined by the authority when outdoor Curfew lighting is reduced or extinguished. 77

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Examples of Fully Shielded Luminaires X. DEFINITIONS - Ordinance Text

Generally, lighting that is only energized during an emergency; lighting fed from a backup Emergency power source; or lighting for illuminating conditions the path of egress solely during a fire or other emergency situation; or, lighting for security purposes used solely during an alarm. The unit of measure expressing the quantity oflight received on a surface. One footcandle Footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot. For an exterior luminaire, lumens emitted in Forward Light the quarter sphere below horizontal and in the direction of the intended orientation of the luminaire. A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffus- Fully Shielded ing element, or indirectly by reflection or re- Luminaire fraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part. Lighting entering the eye directly from lumin- Glare aires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility. Permanent hardscape improvements to the site including parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways Hardscape and non-vegetated landscaping that is 10 feet or less in width. Materials may include concrete, asphalt, stone, gravel, etc. The area measured in square feet of all hardscape. It is used to calculate the Total Site Hardscape Area Lumen Limit in both the Prescriptive Method and Performance Methods. Refer to 78 Hardscape definition. USER’S GUIDE - Page 35 ORDINANCE TEXT - Page 35 MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT

X. DEFINITIONS - Ordinance Text

The perimeter measured in linear feet is Hardscape used to calculate the Total Site Lumen Limit Perimeter in the Performance Method. Refer to Hardscape definition.

IDA International Dark-Sky Association. Illuminating Engineering Society IESNA of North America. Impervious Sealed to severely restrict water entry and Material movement Lighting software that calculates point-by- Industry Standard point illuminance that includes reflected light Lighting Software using either ray-tracing or radiosity methods. A generic term for a source of optical radia- tion (i.e. “light”), often called a “bulb” or “tube”. Examples include incandescent, fluor- Lamp escent, high-intensity discharge (HID) lamps, and low pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays. Lighting of trees, shrubs, or other plant Landscape Lighting material as well as ponds and other landscape features. LED Light Emitting Diode. Any adverse effect of artificial light including, Light but not limited to, glare, light trespass, sky- Pollution glow, energy waste, compromised safety and security, and impacts on the nocturnal environment.

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X. DEFINITIONS - Ordinance Text

Light Light that falls beyond the property it is Trespass intended to illuminate. Lighting “Electric” or “man-made” or “artificial” lighting. See “lighting equipment”. Equipment specifically intended to provide gas or electric illumination, including but not Lighting limited to, lamp(s), luminaire(s), ballast(s), Equipment poles, posts, lens(s), and related structures, electrical wiring, and other necessary or auxiliary components. An overlay zoning system establishing legal Lighting Zone limits for lighting for particular parcels, areas, or districts in a community. Equipment specifically intended to provide gas or electric illumination, including but not limited to, lamp(s), luminaire(s), ballast(s), Lighting Equipment poles, posts, lens(s), and related structures, electrical wiring, and other necessary or auxiliary components.

Landscape lighting powered at less than 15 Low Voltage volts and limited to luminaires having a rated Landscape initial luminaire lumen output of 525 lumens Lighting or less. The unit of measure used to quantify the amount of light produced by a lamp or Lumen emitted from a luminaire (as distinct from “watt,” a measure of power consumption). The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to Luminaire distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply. 80

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X. DEFINITIONS - Ordinance Text

For luminaires with relative photometry per IES, it is calculated as the sum of the initial lamp lumens for all lamps within an individual luminaire, multiplied by the Luminaire Lumens luminaire efficiency. If the efficiency is not known for a residential luminaire, assume 70%. For luminaires with absolute photometry per IES LM-79, it is the total luminaire lumens. The lumen rating of a luminaire assumes the lamp or luminaire is new and has not depreciated in light output.

Lux The SI unit of illuminance. One lux is one lumen per square meter. 1 Lux is a unit of incident illuminance approximately equal to 1/10 footcandle. The height of the photometric center of a Mounting height luminaire above grade level. Lighting for areas not previously illuminated; New lighting newly installed lighting of any type except for Mounting Height: The horizontal spacing of poles is often measured replacement lighting or lighting repairs. in units of “mounting height”. Example: “The luminaires can be A permanent structure located on a site. spaced up to 4 mounting heights apart.” Object Objects may include statues or artwork, garages or canopies, outbuildings, etc. The highest point of an entity, but shall not Object Height include antennas or similar structures. Lighting that does not impact the function and Ornamental lighting safety of an area but is purely decorative, or used to illuminate architecture and/or land- 81 scaping, and installed for aesthetic effect. USER’S GUIDE - Page 38 ORDINANCE TEXT - Page 38 MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT

X. DEFINITIONS - Ordinance Text

A luminaire intended for illuminating streets that serves a decorative function in addition to providing optics that effectively deliver street lighting. It has a historical period appearance or decorative appearance, and has the following design characteristics: · designed to mount on a pole using an Ornamental Street arm, pendant, or vertical tenon; Lighting · opaque or translucent top and/or sides; · an optical aperture that is either open or enclosed with a flat, sag or drop lens; · mounted in a fixed position; and · with its photometric output measured using Type C photometry per IESNA LM-75-01. Outdoor Lighting Lighting equipment installed within the property line and outside the building envelopes, whether attached to poles, building structures, the earth, or any other location; and any associated lighting control equipment.

Partly shielded A luminaire with opaque top and translucent luminaire or perforated sides, designed to emit most light downward. Pedestrian Stone, brick, concrete, asphalt or other similar Hardscape finished surfaces intended primarily for walking, such as sidewalks and pathways. A control device employing a photocell or Photoelectric Switch photodiode to detect daylight and automatically switch lights off when sufficient daylight is available. The edges of the legally-defined extent of Property line privately owned property.

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X. DEFINITIONS - Ordinance Text

Photometric measurements made of the lamp Relative photometry plus luminaire, and adjusted to allow for light loss due to reflection or absorption within the luminaire. Reference standard: IES LM-63. The reconstruction or renewal of any part of an existing luminaire for the purpose of its on- going operation, other than relamping or replacement of components including capaci- Repair(s) tor, ballast or photocell. Note that retrofitting a luminaire with new lamp and/or ballast technology is not considered a repair and for the purposes of this ordinance the luminaire shall be treated as if new. “Repair” does not include normal relamping or replacement of components including capacitor, ballast or photocell. Replacement Lighting installed specifically to replace exist- Lighting ing lighting that is sufficiently broken to be beyond repair. Uncovered area used for sales of retail goods and materials, including but not limited to Sales area automobiles, boats, tractors and other farm equipment, building supplies, and gardening and nursery products. Temporary lighting installed and operated in Seasonal lighting connection with holidays or traditions. A luminaire that includes an adjustable mount- Shielded Directional ing device allowing aiming in any direction Luminaire and contains a shield, louver, or baffle to reduce direct view of the lamp. Advertising, directional or other outdoor Sign promotional display of art, words and/or pictures.

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X. DEFINITIONS - Ordinance Text

The brightening of the nighttime sky that Sky Glow results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky. Temporary lighting Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days. A party contracted to provide lighting, Third Party such as a utility company. An automatic lighting control device that Time Switch switches lights according to time of day. Allowing light to pass through, diffusing it so Translucent that objects beyond cannot be seen clearly (not transparent or clear). Unshielded A luminaire capable of emitting light in any Luminaire direction including downwards. For an exterior luminaire, flux radiated in the Uplight hemisphere at or above the horizontal plane. Illuminance measured or calculated in a plane Vertical perpendicular to the site boundary or property Illuminance line.

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XI. OPTIONAL STREETLIGHT ORDINANCE - User’s Guide XI. OPTIONAL STREETLIGHT ORDINANCE - Ordinance Text

This section was added since the first public review. It is designed to Note to the adopting authority: the intent of this section is that it only work closely with the proposed revision to ANSI/IES RP-8 Standard applies to streets and not to roadways or highways. Practice for Roadway and Street Lighting. A. Preamble Street and roadway lighting is one of the world's largest causes of The purpose of this Ordinance is to control the light pollution of street artificial skyglow. Many adopting agencies will recognize that the lighting, including all collectors, local streets, alleys, sidewalks and bike- MLO will make privately owned lighting more efficient and ways, as defined by ANSI/IES RP-8 Standard Practice for Roadway and environmentally responsible than their street lighting systems. But Street Lighting and in a manner consistent with the Model Lighting because the process of designing street lighting often requires more Ordinance. precise lighting calculations, applying the MLO directly to street B. Definitions lighting is not advised. Using existing standards of street lighting is recommended, particularly IES RP-8 and AASHTO standards. Roadway or Highway lighting is defined as lighting provided for freeways, expressways, limited access roadways, and roads on which pedestrians, Until a new recommended practice for street lighting can be cyclists, and parked vehicles are generally not present. The primary purpose developed, this section can serve to prevent most of the uplight of of roadway or highway lighting is to help the motorist remain on the roadway street lighting systems without setting specific requirements for the and help with the detection of obstacles within and beyond the range of the amount of light, uniformity of light, or other performance factors. vehicle's headlights. Adopting agencies should include these basic improvements to street lighting along with regulations to private lighting. Street lighting is defined as lighting provided for major, collector, and local roads where pedestrians and cyclists are generally present. The primary Lighting streets with “period” ornamental luminaires that evoke the purpose of street lighting is to help the motorist identify obstacles, provide adequate visibility of pedestrians and cyclists, and assist in visual search look of a time when the light source was a gas flame can cause glare tasks, both on and adjacent to the roadway. if high-lumen lamps are used. Such ornamental street lights should not exceed a BUG rating of G1. If additional illuminance and/or Ornamental Street Lighting is defined as a luminaire intended for illuminat- uniformity is desired, the ornamental fixtures should be supple- ing streets that serves a decorative function in addition to providing optics mented by higher mounted fully shielded luminaires, as illustrated that effectively deliver street lighting. It has a historical period appearance in RP-33-99. or decorative appearance, and has the following design characteristics: · designed to mount on a pole using an arm, pendant, or vertical tenon; Few street lighting warranting processes exist. The adopting agency · opaque or translucent top and/or sides; needs to gauge whether a complex warranting systems is required, · an optical aperture that is either open or enclosed with a flat, sag or or if a simple one using posted speeds, presence of pedestrians, or drop lens; · mounted in a fixed position; and other practical considerations is sufficient. · with its photometric output measured using Type C photometry per IESNA LM-75-01. Examples of a current street lighting warranting system are included 85 in the Transportation Association of Canada's Guide for the Design of Roadway Lighting 2006. USER’S GUIDE - Page 42 ORDINANCE TEXT - Page 42 MODEL LIGHTING ORDINANCE - USER’S GUIDE MODEL LIGHTING ORDINANCE - TEXT

XI. OPTIONAL STREETLIGHT ORDINANCE - Ordinance Text

C. Scope All street lighting not governed by regulations of federal, state or other superceding jurisdiction.

EXCEPTION: lighting systems mounted less than 10.5 feet above street level and having less than 1000 initial lumens each.

D. Master Lighting Plan The Authority shall develop a Master Lighting Plan based on the American Association of State Highway and Transportation Officials (AASHTO) Roadway Lighting Design Guide GL-6, October 2005, Chapter 2. Such plan shall include, but not be limited to, the Adoption of Lighting Zones and:

1. Goals of street lighting in the jurisdiction by Lighting Zone

2. Assessment of the safety and security issues in the jurisdiction by Lighting Zone

3. Environmentally judicious use of resources by Lighting Zone

4. Energy use and efficiency by Lighting Zone

5. Curfews to reduce or extinguish lighting when no longer needed by Lighting Zone

E. Warranting The Authority shall establish a warranting process to determine whether lighting is required. Such warranting process shall not assume the need for any lighting nor for continuous lighting unless conditions warrant the need. Lighting shall only be installed where warranted.

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XI. OPTIONAL STREETLIGHT ORDINANCE - Ordinance Text

F. Light Shielding and Distribution All street lighting shall have no light emitted above 90 degrees.

Exception: Ornamental street lighting for specific districts or projects shall be permitted by special permit only, and shall meet the requirements of Table H below without the need for external field-added modifications. Table H - Uplight Control Requirements for Ornamental Street Lights - by Special Permit Only Lighting Zone Maximum Uplight Rating LZ-0 U-0 LZ-1 U-1 LZ-2 U-2 LZ-3 U-3 LZ-4 U-4

USER’S GUIDE - Page 44 ORDINANCE TEXT - Page 44 Sec. 21-278. - Lighting requirements.

(a) For the purposes of this chapter, lighting for safety shall be provided at intersections, along walkways, at entryways, between buildings and in parking areas and shall be coordinated with stall and aisle layouts. (b) The maximum height of standards in commercial and industrial districts shall not exceed 25 feet. (c) Where there is a mix of residential and commercial uses, light standards shall not exceed 20 feet in height. (d) The height and shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents. (e) The design of lighting standards shall be of a type appropriate to the development and the town. (1) Illumination levels within parking lots and on pedestrian walkways should generally not exceed one footcandle. Higher levels should be maintained at vehicular entrances and exits, but typically shall not exceed two footcandles. (2) Cutoff luminaries are desirable with at least a 90-degree cutoff. (3) Bulbs such as incandescent, halide or halogen which produce white/clear cast are preferred. (f) Spotlights, if used, shall be placed on standards, pointing toward the building and positioned so the light will not wash onto residential areas. (g) For properties bounding residentially zoned or used properties, light cast by parking and/or security lights shall not exceed one-half footcandle.

(Ord. No. 98-7, 5-11-1998)

88 www.clantonassociates.com

Good Lighting for All Properties (as recommended by the International Dark-Sky Association darksky.org) R No fixture should emit any light above horizontal R No light source (bulb, lamp, or frosted cover) should be visible from the property line R Light should be the minimum intensity needed, only in the locations needed Packaging for most new lighting is R “Security Lights” should be motion- required to have a "lighting facts" label. Homeowner's Guide activated The light represented here would not be legal anywhere in Boulder (the color R By Boulder's Voluntary Outdoor to Boulder's Outdoor temperature is too high, 4295 degrees Lighting Curfew of 11 PM, lighting Kelvin, and the total light output is too should be reduced by at least 30% Lighting Ordinance high, 3954 lumens). R No lights should have a color temperature of over 3,000 degrees Kelvin Guidelines for complying with the

n This is listed on most light fixture City of Boulder's ordinance, packaging effective November 15, 2018

n Lights of 3,000 degrees Kelvin are usually called “warm white,” and are similar to the color of an indoor incandescent bulb Light pollution affects human health, wildlife, safety n High-color-temperature lights are often called “daylight white.” These Unneeded lighting include most outdoor LED lights wastes electricity 89 (there are 3,000-degree versions available, for no additional cost). Save energy and enjoy the night sky! Examples of Acceptable/Unacceptable Lighting Fixtures Boulder's Outdoor Lighting Ordinance Acceptable/Compliant Unacceptable/Not Compliant Fixtures that shield the light source to minimize glare and Fixtures that produce glare and light trespass Relevant to homeowners (Residential Zone); light trespass and to facilitate better vision at night from the City of Boulder Charter, Title 9, Chapter 9, Section 9-9-16 - “Lighting, Outdoor” all provisions are in effect after Nov. 15, 2018 Table 9-11: Zoning District Requirements [for Residential Zones] “Maximum lumen rating for an unshielded light fixture: “900 lumens”; [the lamp or bulb cannot be visible from the property line]. “Controls: “Unshielded lighting that emits more than 900 lumens but less than or equal to one thousand two hundred lumens is permitted provided that it is activated by a motion sensor . . .” [(d)(5)(A)] “(f) Prohibitions (5) “Any upward oriented lighting . . .” (8) “Any lamp or bulb, except for seasonal displays and landscape ornamental lighting, which is visible beyond the property line . . .” (9) “After November 15, 2018, any lamp or bulb [installed] with a correlated color temperature (CCT) that exceeds 3,000 degrees Kelvin.” • [The City may grant a variance for some lighting on a historic landmark (see the ordinance for details)] • [Allowed: strings of lights (in residential

zones) and low-voltage landscape lighting] ©Bob Crelin • BobCrelin.com

“Figure 9-15: Fully Shielded Fixtures “Examples of fully shielded light fixtures: [Note that these have a solid housing, so 90 Sconce, Pole, Canister, and Canopy. In each the bulb would not be visible.] case the fixture has a solid housing with a flat lens or bottom and the bulb is fully within the from City of Boulder Outdoor Lighting Ordinance housing.” 7.5 Lighting

7.5.1 Purpose

It is recognized that naturally dark landscapes and star-filled skies are valued by many, and dark night skies provide outdoor recreation opportunities that support local economic development. Furthermore, poor lighting practices in outdoor lighting waste energy, hamper the reasonable use and enjoyment of property and can endanger the public welfare by producing unnecessary glare.

Accordingly, it is the intent of this Ordinance to encourage lighting practices and systems which will minimize light pollution and light trespass, and conserve energy while providing for nighttime safety, utility and productivity.

7.5.2 Applicability

A. General Applicability: These standards shall apply to all outdoor lighting, including but not limited to search, spot, or floodlights for: buildings and structures, recreational areas, parking lot lighting, landscape lighting, and other outdoor lighting. Additionally, the provisions of this code apply to the construction, alteration, movement, enlargement, replacement and installation of outdoor lighting throughout the City of Page, Arizona.

B. Incorporation by Reference: The provisions of Arizona Revised Statues Title 49, Chapter 7, Light Pollution, §49-1101 et seq., are hereby incorporated by reference.

C. Conflicting Regulations: In the event of conflict between the regulations set forth in this ordinance and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern.

7.5.3 Exemptions

A. Emergency lighting used by police, firefighting or medical personnel, or at their direction, is exempt from all requirements of this ordinance so long as an emergency situation exists.

B. Underwater lighting of swimming pools, fountains and similar water landscape features.

C. Outdoor lighting in which light is produced directly by the regulated combustion of fossil fuels in enclosed housings, such as gas lamps, lanterns and fire pits, but not inclusive of open fires.

D. The lighting of flags and flagpoles, provided that such lighting is designed and installed such that its illumination is in a top-down fashion.

E. Any lighting whose operation is dynamically controlled by a proximity- or motion-sensing switch and which is extinguished within 15 minutes of being activated. Any lighting required by law of a superior jurisdiction.

91 F. Temporary installations of lighting permitted according to the provisions of Section 7.5.10.

7.5.4 Non-Residential Lighting

The following standards apply to the outdoor lighting of all non-residential facilities except as provided elsewhere in this ordinance:

A. Mounting Height: The height of any luminaire or illumination source shall not exceed 20 feet.

B. Light Trespass: Lighting installations shall be designed and installed so as to not create conditions of light trespass on any other property.

C. Shielding: Luminaires shall be installed aimed downward and fully shielded to reduce the formation of skyglow.

D. Color: The rated correlated color temperature (CCT) of light sources shall not exceed 3000K.

E. Curfew: All outdoor lighting shall be extinguished at 10:00 p.m., or within one hour of the close of business or end of normal operating hours of a facility, whichever is later.

F. Wall Packs: The use of unshielded wall pack luminaires in any application is prohibited.

G. Prohibited Lighting Sources: The use of metal halide or mercury vapor light sources in any application is prohibited.

7.5.5 Recreational and Athletic Lighting

Lighting of any outdoor recreational or athletic field, court, track or range is exempted from Section 7.5.4 above provided it meets all of the following conditions:

A. Class of Play: Lighting, in all cases, for all outdoor athletic fields, courts, pools, tracks or ranges shall be considered Class II according to the definition published by the Illuminating Engineering Society of North America (IESNA). Design for lighting of such facilities shall not exceed the IESNA-recommended maintained illuminance targets.

B. Off-site Impacts: Every reasonable effort must be undertaken to limit the impact of recreational or athletic lighting to the formation of skyglow and light trespass through proper shielding and aiming of luminaires. C. Curfew: All lighting associated with recreational or athletic uses shall be fully extinguished within one hour of the end of play or 10:00 p.m., whichever occurs later.

D. Non-field Lighting: All site lighting not directly illuminating the field, court, track or range where play occurs shall conform to all applicable standards of this ordinance. 92 7.5.6 Landscaping or other Lighting

All outdoor lights whose light output exceeds 1500 lumens per luminaire shall be fully shielded and installed according to manufacturer instructions such that their light emissions are not directed upward and do not result in light trespass.

7.5.7 Residential Lighting

The light emissions of exterior lighting shall be limited to 1500 lumens per luminaire unless fully shielded, and all luminaires must be installed in such a manner that prevents light trespass. The rated CCT of light sources shall not exceed 3000K.

7.5.8 Other pole-mounted lighting (parking, walkways, etc.)

All lights mounted on poles shall be directed down. The light source shall be fully shielded such that it does not create the conditions of light trespass. The rated CCT of light sources shall not exceed 3000K.

7.5.9 Searchlights

The operation of searchlights is prohibited.

7.5.10 Lighting of Right-of-Ways

Lighting of public and private rights-of-ways shall be fully shielded and comply with the following:

A. Luminaires shall be installed and directed so as not to create the conditions of light trespass.

B. The rated CCT of light sources shall not exceed 3000K.

7.5.11 Non-Conforming Lighting

A. All existing outdoor lighting that was legally installed before the enactment of this ordinance and that does not conform with the provisions of this article shall be considered non- conforming. Non-conforming outdoor lighting is allowed to remain until required to be replaced pursuant to the terms of this section.

B. Luminaires and lighting installations that do not conform to the provisions of this ordinance as of its effective date shall be allowed to remain in a non-conforming state until seven years from the effective date, at which point they must be brought into conformance.

C. In the event that the use of a non-conforming outdoor luminaire is discontinued for six (6) months or is damaged to the point of requiring repairs for safe operation, the repaired or replacement luminaire shall comply with the provisions of this ordinance.

93 D. After seven years from the effective date of this ordinance, all non-conforming luminaires and installations shall immediately be brought into conformance upon a registered written complaint.

E. All non-conforming luminaires and lighting installations shall be brought into conformance upon replacing a failed lamp or performing any significant maintenance or upgrade to the luminaire, or expansion of the lighting installation.

7.5.12 Lighting for Temporary Uses

A. Holiday lighting. Decorative lighting in residential zones is allowed without a permit for temporary lighting during the hours from 6:00 a.m. to 10 p.m. each day in the period commencing on November 15 in any calendar year and ending on January 15 in the following calendar year. Such lighting is limited to the following:

1. Festoon-type, low-output lamps, limited to small individual bulbs on a string.

2. Low-output lamps used to internally illuminate yard art.

3. Flood or spot lights producing less than 2,000 lumens each, and that do not create light trespass on any other property.

B. Permitting of other temporary lighting installations. The Zoning Administrator may grant a permit for temporary lighting if he or she finds all the following are demonstrated:

1. The purpose for which the lighting is proposed is not intended to extend beyond thirty (30) days;

2. The proposed lighting is designed in such a manner as to minimize light pollution as much as is feasible;

3. The proposed lighting will comply with the general intent of this ordinance; and

4. The permit will be in the public interest.

The Zoning Administrator shall rule on the application within five (5) business days from the date of submission of the request and notify the applicant in writing of the decision. The Community Development Director may grant one (1) renewal of the permit for an additional thirty (30) days if it is found that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The Community Development Director is not authorized to grant more than one (1) temporary permit and one (1) renewal for the same property within one (1) calendar year. 94 7.5.13 Definitions

A. Fully Shielded Luminaire: An outdoor luminaire shielded in such a manner that all light emitted by the luminaire, either directly from the lamp or indirectly from the luminaire, is projected below the horizontal plane as determined by photometric test or certified by the manufacturer. The following example shows a correctly installed fully-shielded luminaire that is aimed downward and emits no light above the horizontal plane:

B. Correlated Color Temperature (CCT): A metric characterizing the color content of the light output of a lamp given in units of Kelvins (K). CCT information is available on data sheets and product packaging for all lighting sold in the United States.

C. Glare: The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as size, position, brightness of the source, and on the brightness level to which the eyes are adapted.

D. Lumen: The unit used to measure the actual amount of light which is produced by a lamp. Lumen output of lamps is listed on the product packaging.

E. Installed Lighting: Attached, or fixed in place, whether or not connected to a power source. F. Light Pollution: Any adverse effect of manmade light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky.

G. Light Trespass: A nuisance condition created when the light-emitting portion of any luminaire is directly visible from any part of any other property other than the property on which the

95 light is installed. This condition is not inclusive of wall wash or indirect reflection from structures or landscaping.

H. Luminaire: A complete lighting assembly, inclusive of the housing, lamp, and any reflective/refractive optics, but not including the support assembly.

I. Skyglow: The overhead glow from light emitted sideways and upwards. Skyglow is caused by reflection and scattering of light by dust, water vapor, and other particles suspended in the atmosphere. A significant cause of skyglow is the use of bright white light sources for outdoor lighting applications. Skyglow reduces one’s ability to view the night sky.

J. Temporary Lighting: Lighting intended for uses which by their nature are of limited duration; for example, holiday decorations, civic events, or construction projects.

K. Uplighting: Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane.

L. Wall Pack: Any luminaire mounted flush against a wall or similar surface designed to throw light across a large ground area. An example of a wall pack is shown below:

96 PENNSYLVANIA OUTDOOR LIGHTING COUNCIL

MODEL OUTDOOR LIGHTING ORDINANCE

FOR INCLUSION IN THE

SUBDIVISION & LAND DEVELOPMENT ORDINANCE

This Model Lighting Ordinance is intended to be placed in the SALDO as a separate section covering lighting throughout the municipality. However, as a first choice, it is recommended that the lighting requirements be placed in the Zoning Ordinance using the Model Lighting Section for Zoning Ordinances and cross-referencing them in the SALDO. 97 PENNSYLVANIA OUTDOOR LIGHTING COUNCIL 07/23/18 MODEL LIGHTING SECTION FOR SUBDIVISION & LAND DEVELOPMENT ORDINANCES

LIGHTING REQUIREMENTS AND DESIGN STANDARDS A. Purpose – To require and set minimum standards for outdoor lighting to: 1. Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns. 2. Protect drivers and pedestrians from the glare of non-vehicular light sources. 3. Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected or poorly placed, aimed, applied, maintained or shielded light sources. 4. Promote energy-efficient lighting design and operation 5. Protect and retain the intended visual character of the various venues of the Municipality B. Applicability 1. All uses within the Municipality where there is interior or exterior lighting that creates or has the potential to create a nuisance or hazard as viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting. 2. The Municipality may require lighting be incorporated for other uses, applications and locations or may restrict lighting in any of the above uses or applications when health, safety and welfare are issues. 3. The glare-control requirements herein contained apply to lighting in all uses, applications and locations. 4. Temporary seasonal decorative lighting is exempt from all but the glare-control requirements of this Ordinance. 5. Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency as described in NFPA 75 and NFPA 101, are exempt from the requirements of this Ordinance. C. Definitions. 1. Adequately Shielded – The attribute of a light source from which no direct glare is visible at normal viewing angles by virtue of its being properly aimed, oriented, and located and properly fitted with such devices as shields, barn doors, baffles, louvers, skirts or visors as needed. 2. BUG - A rating of the amount of Backlight, Uplight and Glare of a luminaire 3. CCT - Correlated Color Temperature - A rating of the warmth or coolness of al light output expr4ssed in degrees Kelvin. 4. Footcandle – Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), measurable with an illuminance meter, a.k.a. light meter. 5. Full Cutoff – Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the highest light-emitting portion of the luminaire and no more than 10% of the lamp’s intensity is emitted at or above an angle 10º below that horizontal plane, at all lateral angles around the luminaire. A full-cutoff luminaire, by definition, also is “fully shielded.” 6. Fully Shielded – Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the highest light-emitting portion of the luminaire. 7. Glare – Excessive brightness in the field of view that is sufficiently greater than that to which the eyes are adapted, so as to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare 98 8. Illuminance – Quantity of incident light, measured in footcandles 9. Light Trespass – Light emitted by a luminaire or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited. 10. Lumen – As used in the context of this Ordinance, the light-output rating of a lamp (light bulb). 11. Luminaire - A complete lighting fixture assembly consisting of ballast or reactor, lamp(s), lamp holder, electrical components, light directing devices, shielding and lens or diffuser. 12. Nits - A unit of measure of the luminance (brightness) of the light emitted or reflected from a surface such as a sign face. Also referred to as candelas per square meter (cd/m²) D. Criteria 1. illumination Levels – Lighting, where required by this Ordinance, or otherwise required or allowed by the Municipality or other applicable jurisdiction, shall have illuminances, uniformities and glare control in accordance with the latest edition of the IES Lighting Handbook or current Recommended Practices of the Illuminating Engineering Society of North America (IES). Future amendments to said Lighting Handbook and Recommended Practices shall become a part of this Ordinance without further action by the Municipality. 2. Luminaire Design a. Luminaires shall be of a type and design appropriate to the lighting application and shall be aesthetically acceptable to the Municipality. b. For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down, have no uplight and shall meet IESNA full-cutoff/fully shielded criteria. Except as may be specified elsewhere in this Ordinance, luminaires shall have a BUG rating of U=0 Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this paragraph. In the case of decorative street lighting luminaires, the Municipality may approve the use of luminaires with an uplight component not exceeding 1%. c. For the lighting of predominantly non-horizontal tasks or surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the Municipality, luminaires shall be adequately shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this paragraph. 3. Color Temperature – LED light sources shall have a correlated color temperature that does not exceed 3000K in industrial and commercial districts, and not exceeding 2700K in residential districts. 4. Lighting Control a. All lighting shall be aimed, located, designed, fitted, shielded and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property..

99 3 b. Directional luminaires such as floodlights and spotlights, when their use is specifically approved by the Municipality, shall be so shielded, installed and aimed that they do not project their output onto the properties of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties shall not be aimed out more than 45º from straight down. When a floodlight creates glare as viewed from an adjacent residential property or use, the floodlight shall be required to be reaimed and/or fitted with a shielding device to block the direct view of the glare from that property. c. Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until no more than one-half hour after closing. d. “Barn lights,” aka “dusk-to-dawn lights,” when judged by Municipality to be a source of glare as viewed from an adjacent residential use or roadway, shall not be permitted unless effectively shielded as viewed from the adjacent property or roadway. e. The use of floodlights and wall-mounted luminaires (wall packs) to illuminate parking areas, shall not be permitted unless it can be proven to the satisfaction of the Municipality that the employment of no other acceptable means of lighting is possible. f. Lighting for parking areas and vehicular and pedestrian traffic ways for commercial, industrial and institutional uses shall be automatically extinguished nightly within 1/2 hour of the close of the facility. On/off control shall be by astronomic programmable controller with battery or capacitor power-outage reset. When after-hours site safety/security lighting is proposed, such lighting shall not be in excess of twenty-five (25) percent of the number of luminaires required or permitted for illumination during regular business hours. The use of greater than 25% of the number of luminaires for normal lighting for all-night safety/security lighting shall require Municipality approval, based on the unique nature of the use or elevated area crime justification. Alternatively, where there is reduced but continued onsite activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 11:00 p.m. or after normal business hours, or the use of motion-sensor control, shall be permitted. g. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as full cutoff/fully shielded luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement. h. The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight and from any point on the receiving residential property. This footcandle value, however, shall not be used as a criterion for assessing glare control onto the property. i. Except as permitted for certain recreational lighting and/or permitted elsewhere in this paragraph, full cutoff/fully shielded luminaires shall not be mounted in excess of twenty (20) feet above finished grade of the surface being illuminated. Where proposed parking lots consist of 100 or more contiguous spaces and the light sources are full-cutoff/fully shielded, the Municipality may, at its sole discretion, based partially on mitigation of potential off-site impacts, allow a luminaire mounting height not to exceed 25’ AFG. Luminaires not meeting full-cutoff or fully shielded criteria, when their use is specifically permitted by Municipality, shall not be mounted in excess of 16’ AFG. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. For recreational lighting maximum mounting height requirements, refer to “Recreational Uses” elsewhere in the Ordinance.

100 4 j. Only the United States and the state flag shall be permitted to be illuminated past 11:00 p.m. The light source shall have a beam spread no greater than necessary to illuminate the flag and shall be shielded so the light source (lamp and reflector) is not visible at normal viewing angles. k. Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces, at all lateral angles around the luminaire. The average maintained illumination in the area directly below the canopy shall not exceed 20 initial footcandles, with no value exceeding 30 initial footcandles. 5. Installation a. Electrical feeds for lighting standards shall be run underground, not overhead and shall be in accordance with the NEC Handbook. b. Poles supporting luminaires for the illumination of parking areas and located within the parking area or directly behind back-in parking spaces, or where they could be hit by snow plows or wide-swinging vehicles, shall be suitably protected by being placed a minimum of five (5) feet outside paved area or tire stops, or placed on concrete pedestals at least thirty (30) inches high above the pavement or suitably protected by steel bollards or other Municipality-approved means. c. Pole mounted luminaires for lighting horizontal tasks shall be aimed straight down and poles shall be plumb. d. Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved. e. Pole foundations shall be designed consistent with manufacturer’s wind load requirements and local soil conditions involved and shall be approved by a qualified civil/structural engineer. f. Any employed shielding elements shall be permanently affixed to luminaire. 6. Maintenance – Luminaires and ancillary equipment shall be maintained so as to always meet the requirements of this Ordinance. E. Residential Development Lighting 1. Street Lighting - For residential developments where lot sizes are or average less than 20,000 square feet, if Municipality so directs, street lighting shall be provided at: a. the intersection of public roads with entrance roads to the proposed development, b. intersections involving proposed public or non-public major-thoroughfare roads within the proposed development, c. the apex of the curve of any major-thoroughfare road, public or non-public, within the proposed development, having a radius of 300 feet or less, d. at the far end of cul-de-sac bulbs e. terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 m.p.h. or greater, f. defined pedestrian crossings located within the development, g. where lot sizes permit the parking of less than three (3) vehicles on the residential lot, thereby necessitating on-street parking. 101 5 h. At other locations along the street as deemed necessary by the Municipality 2. Parking Spaces a. In multi-family developments, common parking areas of four (4) spaces or greater shall be illuminated. b. In residential developments with lots of less than twenty thousand (20,000) square feet, where four (4) or more common contiguous parking spaces are proposed, such spaces shall be illuminated. 3. On-Lot Lighting - For subdivisions with lit sizes of 40,000 or smaller, on-lot lighting shall be provided in accordance with the following restrictions: a. Lighting Fixtures (1) Floodlights, spotlights and other directional sources, whether for security, architectural/decorative, facade, landscaping, task lighting or recreational purposes, shall be located, aimed and shielded in a manner that prevents the lighted aperture of the source (direct glare) from being directly visible off premises.. LED light sources shall not exceed 2700K. (2) Recreational lighting shall not project its light output beyond the recreational surface. (3) Facade -mounted and post-top lights shall be fully shielded. b. On/Off Control (1) All exterior lighting, except security lighting, shall be extinguished nightly by no later than 11 p.m. (2) Lighting intended for all-night safety/security purposes shall be motion-sensor controlled. (3) Recreational lighting shall be extinguished no later than 10:30 p.m. F. Recreational Uses – The nighttime illumination of outdoor recreational facilities for such aerial sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally allowed fixture mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Municipality is satisfied that the health, safety and welfare rights of nearby property owners and the municipality as a whole have been properly protected. When recreational uses are specifically permitted by the Municipality for operation during hours of darkness, the following requirements shall apply: 1. Race tracks and such recreational venues as golf driving ranges and trap-shooting facilities that necessitate the horizontal or near horizontal projection of illumination, shall not be permitted to be artificially illuminated. 2. Recreational facilities for basketball, baseball, football, soccer, miniature golf, tennis or track shall not be illuminated if located within a residential district or sited on a nonresidential property located within 1,000 feet of a property containing a residential use. 3. Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by ten (10:00) p.m., regardless of such occurrences as extra innings or overtimes. 4. Maximum mounting heights for recreational lighting shall be in accordance with the following: a. Basketball 20’ b. Football 70’ c. Soccer 70’ 102 6 d. Little League Baseball (1) 200’ Radius 60’ (2) 300’ Radius 70’ e. Lacrosse 70’ f. Miniature Golf 20’ g. Swimming Pool Aprons 20’ h. Tennis 20’ i. Track 20’ 5. To assist the Municipality in determining whether lighting will be permitted, applications for illuminating recreational facilities shall be accompanied not only with the information required under Section G. below but also by a visual impact plan that contains the following: a. Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties. b. Elevations containing pole and fixture mounting heights, horizontal and vertical aiming angles and fixture arrays for each pole location c. Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of 5’ line-of-sight d. Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this Ordinance. e. Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished. f. A narrative describing the measures proposed to achieve minimum off-site disturbance. G. Plan Submission – For subdivision and land-development applications where site lighting is required by this Ordinance, is otherwise required by the Municipality or is proposed by Applicant, lighting plans shall be submitted to the Municipality for review and approval with preliminary and final subdivision/land development plan applications and conditional use applications and shall contain the following: 1. A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type. The submission shall include, in addition to existing and proposed area lighting, all other exterior lighting, e.g., architectural, building-entrance, landscape, flag, sign, etc. 2. A 10’x10’ illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this Ordinance or as otherwise required by the Municipality. When the scale of the plan, as judged by the Municipality, makes a 10’x10’ grid plot illegible, a larger grid spacing may be permitted. 3. Light-loss factors, IES candela test-filename, BUG rating, initial lamp-lumen ratings and specific lamp manufacturer’s lamp ordering nomenclature, used in calculating the plotted illuminance levels 4. Description of proposed equipment, including luminaire catalog cuts, photometrics, glare reduction devices, lamps, lamp correlated color temperature, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods. 5. Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity. 103 7 6. When requested by the Municipality, Applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate the potential consequences of on-site and off-site glare and to retain the intended character of the Municipality. This plan may require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses. 7. Plan Notes – The following notes shall appear on the Lighting Plan: a. Post-approval alterations to lighting plans or intended substitutions for approved-plan specified lighting equipment shall be submitted to Municipality for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate proposed substitution is equal to or exceeds the quality, optical characteristics and maintainability of the specified luminaires; and accompanied by a lighting plan, including a point-by-point plot, which demonstrates proposed substitutions will result in a lighting design that equals or exceeds the quality of the lighting on the approved plan b. Municipality reserves the right to conduct post-installation inspections to verify compliance with Ordinance requirements and approved Lighting Plan commitments, and if deemed appropriate by the Municipality, to require remedial action at no expense to Municipality. c. All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff or fully-shielded criteria unless otherwise specifically approved by the Municipality. . d. Installer shall notify municipality to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation. H. Street Lighting Dedication 1. When street lighting is to be dedicated to Municipality, Applicant shall be responsible for all costs involved in the lighting of streets and street intersections until the street is accepted for dedication. 2. Prior to dedication and in the event of the formation of a homeowner’s association and/or property management declaration, Municipality shall require said agency to enter into an agreement guaranteeing the Municipality payment of all costs associated with dedicated street lighting. 3. Assumption of Costs of Dedicated Street Lighting – Upon dedication of public streets, the Municipality shall assess the homeowners’ association, individual property owners, or corporations, as may be necessary to collect all revenues required that are directly or indirectly associated with all costs of each specific street lighting fixture. These costs shall include: a. Administration b. Collection c. Pro-ration of non payables d. Actual utility electrical charges e. Maintenance and maintenance contracts for maintenance of fixtures and associated equipment.

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City of Kanab – Proposed Outdoor Lighting Ordinance Draft #12.1 of the Kanab Beautification Committee and Dark Sky Working Group 12/4/17

1. Purpose and Intent 2. Lighting Zones 3. General Requirements (All Areas) 4. Non-Residential Lighting (Commercial and Municipal) 5. Residential Lighting 6. Existing Lighting (All Areas) 7. Special Standards (All Areas) 8. Lighting by Special Permit Only 9. Enforcement and Penalties 10. Street Lighting 11. Tables 12. Definitions 13. Illustrations

Section 1. Purpose and Intent

Section 2. Lighting Zones

Lighting Zones in this ordinance conform to the Kanab Zoning Map and are utilized here to recognize differing lighting needs around the city. Lighting levels are specified as LZ1, LZ2 and LZ3 in the Tables of this ordinance.

LZ1 (Single family and agricultural where low levels of lighting are appropriate): Residential Agricultural Rural Residential Low Density Residential LZ2 (Multi-family where medium levels of lighting are appropriate): Medium Density Residential High Density Residential LZ3 (Commercial and Manufacturing where moderate to high levels of lighting are appropriate): Commercial Manufacturing & Distribution

Section 3. General Requirements (All Areas)

A. Conformance with All Applicable Codes: All outdoor lighting shall be installed in conformance with the provisions of this Ordinance, applicable Electrical and Energy Codes, and the Building Code. It will be city policy to comply with this ordinance.

B. Applicability: All existing outdoor lighting and outdoor lighting for new residential and commercial construction and development shall comply with the requirements of this ordinance, EXCEPT 1. Lighting within the public right-of-way or easement for the principal purpose of illuminating state or federally controlled highways. 2. Lighting for public monuments, statuary and existing residential flagpoles. 3. Lighting solely for signs. 4. Temporary lighting for theatrical, television, performance areas and construction sites. 5. Underwater lighting in swimming pools and other water features. 6. Temporary seasonal lighting, provided that individual lamps are less than 70 lumens (10 watts). 7. Lighting that is only used under emergency conditions. 8. Lighting specified or identified in a specific use permit. 9. Lighting required by federal, state, county or city ordinances and regulations. 10. Temporary lighting for civic events and holiday decorations. 105 1

11. Lighting required for the safe take off and landing of aircraft.

C. Lighting Controls: (Commercial and Street Lighting only)

1. Automatic lighting reduction requirements shall utilize motion sensors, timers and/or programmable controllers. Time of outdoor lighting reduction shall be 11:00 pm or one hour after the close of business, whichever is later. After such time, total outdoor brightness (lumens) shall be reduced by at least 50% or turned off. It is recommended that outdoor lighting be turned off when no one is present to use the light. Lighting reductions are NOT required for any of the following: a. Outdoor lighting consisting of only one light fixture. b. Lighting required by Code for steps, stairs, walkways and building entrances. c. Lighting for outdoor recreational facilities is allowed one hour prior to sunset and until11 PM, unless needed to complete a specific organized activity or event already in progress. d. Lighting governed by special use permit in which times of operation are specifically identified. e. Businesses that operate on a 24-hour basis. f. Where, as determined by the City, lighting levels must be maintained for safety reasons or special events.

D. Color Temperature of Lamps: To minimize the amount of harmful blue light in the nighttime environment, lamps (bulbs) shall not exceed a maximum Correlated Color Temperature (CCT) of 3,000 degrees Kelvin. (as listed on the packaging)

Section 4. Commercial, Multi-Residential and Street Lighting

Outdoor lighting for all new construction of non-residential properties, and multiple residential properties of 7 dwellings or more with common outdoor areas, including RV/Mobile Home Parks and Tiny House Parks shall comply with this section.

A. Site Lumen Limits The total Site Lumen Limit is determined by using either the Parking Space Method (Table A) or the Hardscape Area Method (Table B). Only one method shall be used per permit application. All existing lighting shall be included in the calculation of total installed lumens. See illustration figures I and J for canopy applications.

B. Off Site Impacts: All light fixtures shall be rated and installed according to Tables C-1 and C-2. Where lamps exceed 1500 lumens, uplight must not exceed a rating of U0 (zero uplight) under any circumstances.

C. Light Shielding/Height for Parking Lot Illumination: No light shall be emitted above 90 degrees. The height of pole-mounted fixtures shall be held to a minimum practical height not exceeding twenty feet (20’).

D. Fixture Shielding: All light fixtures are required to be fully shielded and installed so that the shielding complies with the definition of a fully shielded light fixture as shown by the attached illustrations. Figures B thru F.

E. Light Trespass Standard: All light fixtures, including motion sensing fixtures and security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source, including any public or private street or road. Motion sensing light fixtures shall be adjusted according to the manufacturer’s instructions to turn off 10 minutes after detected motion ceases.

F. Lighting for Outdoor Signs and Panels:

106 2

Outdoor internally illuminated signs (whether freestanding or building mounted) shall be constructed with an opaque background and translucent letters and symbols or with a colored background and lighter letters and symbols. See illustration Figure H.

Section 5. Residential Lighting

A. General Requirements: For residential properties, including multiple residential properties not having common areas, all outdoor light fixtures shall be fully shielded and shall not exceed the allowed lumen output shown in Table D, Row 2. This requirement shall NOT apply to the following: 1. One shielded or unshielded light fixture at the main entry, not exceeding the lumen output in Table D, Row 1. 2. Light fixtures not exceeding the allowed lumen output in Table D, Row 3. 3. Low voltage landscape lighting not exceeding the allowed lumen output in Table D, Row 4. 4. Fully shielded directional flood lighting aimed so that direct glare is not visible from adjacent properties and not exceeding the allowed lumen output in Table D, Row 5. 5. Open flame gas lamps. 6. Lighting controlled by a motion sensor and extinguished within 10 minutes of being activated. 7. Non-regulated lighting as listed in this ordinance.

B. Landscape Lighting Requirements: 1. Shall comply with Table D. 2. Shall not shine onto adjacent properties, and shall be shielded so that the luminous elements of the fixture are not visible from any other property, as shown by illustration Figure B.

C. Total outdoor light output of any residential property shall not exceed a total of 25,000 lumens (1,667 watts) per net acre. A net acre equals all improved areas and shall include buildings, driveways and other areas where outdoor lighting is installed. See full explanation of Net Acre in Definitions.

D. Output of unshielded fixtures shall not exceed 5% of total site lumens.

Section 6. Existing Lighting (All Areas)

Lighting installed prior to the effective date of this ordinance shall comply with the following:

A. Amortization: Fifteen years from the date of this ordinance, all outdoor residential, non-residential, commercial and street lighting shall comply with this ordinance.

ALTERNATE LANGUAGE…….

A. Non-Conforming Lighting. 1. All existing outdoor lighting legally installed before adoption of this ordinance that does not conform with the provisions of this ordinance shall be considered non-conforming. 2. When a lighting installation is expanded, or an existing fixture requires repair or upgrade for safe operation, or where use of a non-conforming outdoor light fixture is discontinued for six (6) months, it shall be brought into conformance with this ordinance. 3. Upon replacing a failed lamp, the rated correlated color temperature (CCT) of the replacement lamp (bulb) shall not exceed 3000 degrees Kelvin.

B. New Uses or Structures, or Change of Use: Whenever there is a new use or change of use on a property (zone change or variance) all outdoor lighting on the property shall be brought into compliance with this ordinance before the new or changed use commences. 107 3

C. Additions or Alterations: 1. Major additions. If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this ordinance. For the purpose of this section, the following are considered to be major additions: a. Additions of 25% or more of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this ordinance. b. Single or cumulative additions, modification or replacement of 25% or more of installed outdoor light fixtures existing at the effective date of this ordinance. c. All additions, modifications, or replacement of more than 25% of existing outdoor lighting fixtures shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting. 2. For all other additions of less than 25%, all new outdoor lighting shall meet the requirements of this ordinance. 3. Resumption of Use after Abandonment. If a property with non-conforming lighting is abandoned for a period of six months or more, then all outdoor lighting shall be brought into compliance with this ordinance before any further use of the property occurs.

Section 7. Special Standards (All Areas)

A. Flagpoles: Lighting of flags is permitted as follows: 1. Flagpoles illuminated from below are limited to a height of 25 feet above ground level, illuminated with a single spot type fixture, whose maximum initial output is 60 lumens per foot, measured from the light fixture to the top of the flagpole. The fixture is to be mounted so that the lens is perpendicular to the flagpole. 2. Flagpoles illuminated from above may utilize a light fixture attached to the top of the flagpole or a fixture mounted above the top of the flagpole on a structure within 15 feet of the flagpole and must comply with all shielding and total outdoor light output standards previously specified in this ordinance, except for lights as shown in illustration Figure K. The total output from any light fixture mounted on top of a flagpole is limited to 800 lumens.

B. Amphitheater Lighting: 1. The performance area shall use directed spotlighting such that it is mitigated beyond the property boundaries. 2. The performance area may only be illuminated during performances and rehearsals. 3. The lighting of seating areas, pathways, and other areas of the amphitheater shall be fully shielded and turned off within 1 hour of the end of the performance.

C. Recreational Lighting: 1. The Planning Commission shall approve new recreational lighting fixtures for fields, courts, pools, tracks or ranges only after finding that: a. The lighting has provisions for minimizing glare, spill light, and up-light by the use of louvers, hoods, or shielding. b. The lighting does not exceed recommended illumination levels for Class lV sports lighting set by the Illuminating Engineering Society of North America. c. The lighting will only illuminate the field or court area with no direct illumination falling outside of those areas. d. The light source will not be visible from adjacent properties. 2. Pole mounted lighting shall be limited to the lowest practical height to illuminate the field and shall use directional and/or fully shielded fixtures. 3. Lighting not directly illuminating the field, court, track or range shall conform to all provisions of this ordinance. 4. Existing recreational lighting shall be mitigated to reduce or eliminate light trespass and glare.

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D. Installations prohibited: 1. Lighting contrary to this ordinance. 2. New outdoor neon lighting. 3. Searchlights 4. Mercury vapor fixtures or lamps. 5. Outdoor wall pack style fixtures, unless fully shielded, as shown by illustration Figure L. 6. Installation of any outdoor barn-light style fixture, unless it includes a full opaque reflector instead of the standard translucent lens, as shown by illustration Figure M. 7. Flashing, blinking, intermittent or other lights that move or give the impression of movement, not including holiday lighting between November 15 and January 15. 8. Failure to comply with any terms or conditions set forth in a permit issued under this ordinance.

E. Additional Shielding: In certain cases, such as but not limited to new construction on ridgelines or hillsides, additional shielding may be required to mitigate glare or light trespass and will be considered part of the permitting process.

Section 8. Lighting by Special Permit Only

A. High Intensity and Special Purpose Lighting: The following lighting systems shall be prohibited from being installed or used except by special use permit: 1. Temporary lighting in which any single light fixture exceeds 20,000 initial lumens (1,300 watts) or the total lighting load exceeds 160,000 lumens. (10,600 watts) 2. Aerial Lasers. 3. Other very intense lighting defined as having a light source exceeding 200,000 initial lumens (13,300 watts) or an intensity in any direction of more than 2,000,000 candelas. B. Complex and Non-Conforming Uses shall require a conditional use permit. Upon a conditional use permit issued by the City, lighting not complying with the technical requirements of this ordinance but consistent with its intent may be installed for complex sites or special uses. To obtain such a permit, applicants shall demonstrate that the proposed lighting installation: 1. Makes all reasonable efforts to mitigate the effects of light on the environment and surrounding properties supported by a signed statement describing the mitigation measures. 2. Uses controls to reduce lighting at a project specific time as defined in the Permit.

Section 9. Enforcement and Penalties

A. Public Nuisance: MODIFY NUISANCE ORDINANCE TO DEFINE LIGHTING NUISANCE AS FOLLOWS:

1. Any violation of this ordinance that results in light trespass or an unreasonable interference with the common and usual use of neighboring property is hereby declared to be a public nuisance, which is prohibited by this ordinance. The provisions of this lighting ordinance shall be regulated and enforced in accordance with Section 10 of the Kanab City Nuisance Ordinance.

B. Administrative Guidance: A volunteer group selected by the city shall provide a user guide to aid in the administration of, and compliance with this ordinance. The user guide shall be educational only and shall not constitute regulations, amendments, or exceptions.

C. Audits: A volunteer group selected by the city shall perform two (2) audits of all outdoor lighting in the city, one at ten (10) years and the other fourteen (14) years after the effective date hereof. These audits will identify all lighting that does not conform to the standards of this ordinance with regard to shielding and trespass. The results of these audits will be made available to the public.

Section 10. Street Lighting 109 5

This section only applies to streets, but NOT to State or Federally controlled highways.

A. Light Pollution from Street Lighting shall be controlled on all collectors, local streets, alleys, sidewalks and bikeways as defined by the current version of the American National Standards Institute ANSI/IES RP-8 Standard Practice for Roadway and Street Lighting, in a manner consistent with this ordinance.

B. Scope: This ordinance covers all street lighting not governed by regulations of federal, state or other superseding jurisdiction, except for lighting systems mounted less than 10.5 feet above street level and having less than 1,000 lumens. Street lighting levels shall correlate with the desired conditions of Kanab City Lighting Zones LZ1, LZ2 & LZ3. Other than at the intersection of roadways, street lighting shall utilize half night photocells or timers to reduce the lights halfway between dusk and dawn. All street lighting shall have no light emitted above 90 degrees to the light source.

C. Warranting: The City of Kanab shall establish a warranting process to determine whether new public street lighting is required and shall not assume the need for any lighting or for continuous lighting unless conditions warrant the need. When the City Manager determines that a nighttime public safety hazard exists that can only be mitigated by outdoor lighting, then that lighting shall be deemed warranted. Lighting shall only be installed where warranted and shall employ adaptive controls and lighting reduction curfew as in Section 3.C(1).

Section 11. Tables Lumens to Watts Table See Attached http://www.rapidtables.com/calc/light/lumen-to-watt-calculator.htm

Section 12. Definitions See Attached Incandescent Fluorescent Lumens light bulb / LED Section 13. Illustrations (watts) (watts) See Attached

375 lm 25 W 6.23 W

600 lm 40 W 10 W

900 lm 60 W 15 W

1125 lm 75 W 18.75 W

1500 lm 100 W 25 W

2250 lm 150 W 37.5 W

3000 lm 200 W 50 W

110 6

CITY OF GOLETA DESIGN REVIEW BOARD OUTDOOR LIGHTING GUIDELINES

Light what is intended, not the night sky!

I. Introduction. Skyglow is the atmospheric phenomenon caused by stray, ground-based light being scattered and reflected by airborne particles suspended in the atmosphere. Improperly shielded light fixtures which emit light above the horizontal plane are the main cause, but light reflected from illuminated objects and poorly directed light also contribute to skyglow. Thus, poorly conceived and installed outdoor lighting has transformed the nighttime sky environment into one of sky glow instead of star glow.

Because outdoor artificial lighting is an integral part of the City of Goleta’s built environment, lighting should be carefully and thoughtfully used. Quality lighting designs and effective lighting practices will help to:

• Protect against direct glare, excessive lighting, and prevent light trespass; • Preserve the community’s character and reclaim the ability to view the night-time sky; • Protect and improve safe travel for all modes of transportation; • Promote safety and security; • Conserve natural resources and energy; and • Protect quality of life and ecology of flora and fauna

II. Applicability. This document is intended as a source of information with recommended guidelines to assist the Design Review Board in their review of commercial, industrial, residential, and City of Goleta projects under their purview. These guidelines could also be used by the planning staff, architects, designers, and applicants to achieve a high standard of quality and efficiency in lighting towards obtaining “dark sky” standards which in turn will foster and improve lighting standards in the City of Goleta.

Information from the International Dark Sky Association (www.darksky.org), LiteLynx (http://members.aol.com/ctstarwchr/LiteLynx.htm#index) and other sites on the internet dealing with the prevention of light pollution was used in developing these guidelines.

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III. General Outdoor Lighting Design Considerations

A. Design, locate, lamp and maintain outdoor lighting in order to prevent overlighting, energy waste, glare, light trespass, and skyglow.

B. Design outdoor lighting to be an integral part of the built environment, reflecting a balance for the lighting needs with the contextual ambient light level and surrounding nighttime characteristics of our community. Lighting for commercial installations adjacent or near residential uses should be compatible with nearby residential uses. Special consideration must be given to the commercial/residential lighting transition zones.

C. Reduce development impact to the nocturnal environment by the prevention of light pollution in environmentally sensitive areas/riparian habitats, greenbelts, areas of natural beauty and rural areas close to the edge of existing or proposed residential areas.

D. Use, where practical, outdoor lighting installations timers dimmers, sensor or photocell controllers that turn the lights off during daylight hours to reduce overall energy consumption. All non-essential 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 used for security purposes.

E. Use minimum intensity of illumination needed for the intended purpose, for the architectural style of the structure, and for the overall neighborhood or commercial area.

F. Use fixtures appropriate to the style and scale of the architecture. Fixtures on buildings shall be attached only to walls, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof. Fixtures must be installed as designed.

G. Use most energy efficient of the popular types of outdoor lighting: Low Pressure Sodium (LPS), High Pressure Sodium (HPS), and Metal Halide (MH). Other factors should be considered regarding the choice of lamps. The use of MH over HPS, at similar lumen levels, can increase energy costs by almost 40 percent. Also, MH will increase maintenance costs, since lamp life is about 50 percent less than HPS. Here is further information on the different types of lighting.

1. LPS with its deep yellow illumination, although the most energy efficient, does not provide any color rendition alone. All colors appear as varying shades of yellow/grey unless mixed with other "white" lamp sources.

2. HPS illumination provides reasonable color rendering and is commonly used for street lighting, parking lots, and security lighting.

3. MH with its white illumination offers the best color rendition. As a result, discernment is critical. Recent studies seem to suggest that MH light improves peripheral (off-axis) vision and reaction time, when compared with HPS light. This, however, appears to only apply under very low levels of light. 112

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IV. Definitions. Unless specifically defined below, words or phrases used in these guidelines shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

Area light. A luminaire equipped with a lamp that produces over one thousand eight hundred (1,800) lumens. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights.

Bulb. The source of electric light, to be distinguished from the whole assembly (see luminaire)

Exterior lighting. Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that either are intended or light something outside are considered exterior lighting for the intent of these guidelines.

Fixture. The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts. Also referred to as luminaire.

Flood light. Light that produces up to one thousand eight hundred (1,800) lumens is designed to flood a well-defined area with light. Generally, flood lights produce from one thousand (1,000) to one thousand eight hundred (1,800) lumens. Without shielding, floodlight’s exposed light source (bulb) remains in direct view from most angles causing light trespass and light pollution and can be visible across great distances.

Foot candle. A unit of measurement for the total amount of light cast on a surface (illuminance). One foot candle is equivalent to the illuminance produced by a source of one candle at a distance of one foot.

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Full cut-off luminaire. A luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire.

Glare. Intense light that results in discomfort and/or a reduction of visual performance and visibility.

Holiday lighting. Strings of individual lamps, where the lamps are at least three inches apart and the output per lamp is not greater than fifteen (15) lumens.

Illuminance. A measurement of light on the illuminated surface expressed in foot-candles (fc). Horizontal Illuminance. The illuminance on a horizontal plane. For example, to measure horizontal illuminance in a parking lot, the meter is laid on the pavement with sensor up. Vertical Illuminance. The illuminance on a vertical plane, typically used to measure glare and light trespass levels. To measure vertical illuminance, the meter is held vertically, at about five feet, sensor towards the light source.

Hot Spots. If the pole heights in outdoor parking areas don’t allow for a reasonable spread of light, the result might be bright spots (or “hot spots”) near the pole and dark areas in between or at the perimeter of the parking area. The bright areas reflect light into the sky and contribute to sky glow. In addition, non-uniform lighting levels can cause visibility problems as one drives through a given area forcing the vehicle operator's eyes to adapt to different light levels. The following reference gives information on pole spacing geometry (http://www.darksky.org/infoshts/pdf/is078.pdf ) to minimize “hot spot” under fixtures.

IESNA or IES. Illuminating Engineering Society of North America. The professional society of lighting engineers which publishes and revises, from time to time, recommended practices for various lighting applications. The City of Goleta may ultimately require that any new lighting or existing lighting meet the standards as established by IESNA.

Lamp. The source of electric light: the bulb and its housing. To be distinguished from the whole assembly (see “Luminaire”)

Light. The form of radiant energy acting on the retina of the eye to make sight possible; brightness, illumination, a lamp as defined above.

Light pollution. Any adverse effect of manmade light including but not limited to, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that 114 diminishes the ability to view the night sky, often used to denote the urban sky glow. OUTDOOR LIGHTING GUIDELINES Page 5

Light trespass. Light falling where it is not wanted or needed, generally caused by a light on a property that shines on the property of others.

Lighting. Unit of luminous flux, the flux, emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. One foot-candle is one lumen per square foot. One lux is one lumen per square meter.

Luminaire. A complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power. When used, includes ballasts and photocells. Commonly referred to as “fixture”.

Luminance. The quantity of light (“brightness”) reflected or emitted towards an observer. Used primarily to measure internally-illuminated signs. Units are candelas per unit area.

Lumen. The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a 60-watt incandescent lamp produces 950 lumens while a 55-watt low-pressure sodium lamp produces 8000 lumens. See appendix for other lumen/watt relationships.

Photometric Diagram. A diagram depicting the location of all light poles and building mounted lighting fixtures in a specified area and a numerical grid of the maintained lighting levels that the fixture will produce in that specified area.

Recessed. A light built into a structure or portion of a structure such that the light is fully cut-off and no part of the light extends or protrudes beyond the underside of a structure or portion of a structure.

Shielded. When the light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where light is emitted. The bulb is not visible with a shielded light fixture, and no light is emitted from the sides of the fixture. See examples in the appendix.

Uplighting. Lighting that is directed in such a manner as to shine light rays above the horizontal plan.

Uniformity Ratio. Describes the average level of illumination in relation to the lowest level of illumination for a given area. Example: U. Ratio = 4:1 for the given area, the lowest level 115 OUTDOOR LIGHTING GUIDELINES Page 6

of illumination (1) should be no less than 25% or “4 time less” than the average (4) level of illumination.

Watt. The unit used to measure electrical power consumption of a lamp.

V. Outdoor Lighting Plans. An outdoor lighting plan shall be submitted in conjunction with an application for design review for all new outdoor lighting installations on commercial, industrial, City of Goleta property and certain residential applications (e.g., multi-family housing). Submittals for other types of projects may be required by the City due to project location, size, or proposed use, as necessary. An outdoor lighting plan shall include at least the following:

A. A site plan showing the location of all buildings, parking and pedestrian areas or others where lighting is proposed on the site.

B. The proposed location, mounting height, and aiming point and angle (if necessary) of outdoor lighting fixtures. This information should be shown on the landscape plan to demonstrate coordination of fixtures and tree plantings. The location of light fixtures and landscaping on adjacent properties and on the street right of way that effect lighting/landscaping on the project is also necessary. For pole lights, a composite drawing of the base, pole, and fixture with the drawing to extend from the ground surface adjacent to the light assembly to its highest point.

C. Manufacturer specification sheets, cut-sheets, or other manufacturer provided information for all proposed outdoor lighting fixtures to show fixture diagrams, lamp types, wattage, initial lumen output, vertical cut-off level, and shielding information.

D. Elevations of the building with mature landscaping, poles and fixtures superimposed. If building elevations are proposed for illumination, drawings for all relevant elevations showing the fixtures, the portions of the elevations to be illuminated, the illuminance, level of the elevations, and the aiming point for any remote light fixture;

E. Other additional information may be required: photometric diagrams and data, color rendering index of all lamps, computer generated photometric grid showing footcandle readings every 10 feet within the property or site and 10 feet beyond the property lines. The grid should also indicate maximum and minimum uniformity for each specific use area. Control descriptions to include types of controls (i.e., timers, motion sensors, etc.) the light fixtures to be controlled by each type and control schedule.

VI. Exterior Lighting. In order to comply with dark sky standards, all exterior lighting should be full cut-off with the light source downcast and fully shielded, with the following exceptions:

A. Luminaires that have a maximum output of two hundred sixty (260) lumens per fixture, regardless of number of bulbs (equal to one twenty [20] watt incandescent light), may be left unshielded provided the fixture has an opaque top to keep light 116 from shining directly up.

OUTDOOR LIGHTING GUIDELINES Page 7

B. Luminaires that have a maximum output of one thousand (1,000) lumens per fixture, regardless of number of bulbs (equal to one sixty [60] watt incandescent light) may be partially shielded provided the bulb is not visible, and the fixture has an opaque top to keep light from shining directly up.

C. Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self contained rechargeable batteries, where any single light fixture does not exceed 100 lumens.

D. Flood lights with external shielding may be angled provided that no light escapes above a twenty-five (25) degree angle measured from the vertical line from the center of the light extended to the ground, and only if the light does not cause glare or light to shine on adjacent property or public rights-of-way. Flood lights with directional shielding are encouraged. Photocells with timers that allow a flood light to go on at dusk and off by eleven p.m. are encouraged.

Fig 1. Angle of flood light with external shielding Fig. 2 Directional Floodlight

E. Holiday lights should be restricted to the period from November 1st to February 1st except that flashing holiday lights are prohibited on commercial properties. Holiday lights are encouraged to be turned off after bedtime and after close of businesses.

F. Sensor activated lighting may be unshielded provided it is located in such a manner as to prevent direct glare and lighting into properties of others or into a public right- of-way, and provided the light is set to only go on when activated and to go off within five minutes after activation has ceased, and the light shall not be triggered by activity off the property.

VII. Area Lights. It is recommended that all area lights under the jurisdiction of the City of Goleta be full cut-off fixtures.

A. Street lights. In the city of Goleta street lights are under the jurisdiction of Southern California Edison (SCE), except for highway safety lights located on traffic lights. DRB’s preferences are that all new and replacement streetlights are cutoff luminaires that will not exceed IES illuminance recommendations. 117

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B. Outdoor Facilities. Outdoor nighttime facilities (concerts, athletic contests, etc.) have unique lighting needs. Illumination levels vary, depending on the nature of the activity. Lighting for these facilities should allow adequate lighting for such events while minimizing sky glow, reducing glare and unwanted illumination of surrounding streets and properties, and reducing energy consumption.

C. Parking Lot Lighting. Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision, comfort and safety in parking areas and to not cause glare or direct illumination onto adjacent properties or streets.

1. The INESA Lighting Handbook lighting guidelines for open parking facilities suggest that a basic minimum level of illumination (at the darkest point of the lot) of 0.2 foot-candles is necessary to provide adequate nighttime visibility in areas of low night time activity, As the activity level increases, the minimum level of illumination should also increase. The footcandle range in the below chart is intended to suggest choices that take into account surrounding terrain and structures (since vertical structures (trees, building walls, etc.) of dark color may absorb light). In order to prevent severe contrasts in illumination levels at various points in the parking area, a uniformity ratio (the ratio of the average level of illumination to the minimum level of illumination) of 4.1 shouldn’t be exceeded because a greater disparity causes hot spots which reduce visual acuity.

Foot Uniformity Use candle Ratio Multi-family parking a. Low vehicular/ped activity 0.2 4.1 b. Med vehicular/ped activity 0.6 4.1 High Activity e.g. regional shopping center, fast food 0.9 4.1 Medium Activity e.g. community shopping, office parks 0.6 4.1 Low Activity e.g., neighborhood shopping, church, school 0.2 4.1

From 9th edition INESA Lighting Handbook

4. While lower fixture mounting heights (i.e., 20 feet are preferred), there may be circumstances in very large parking lots that may require higher and fewer poles for aesthetic reasons and to better accomplish lighting uniformity.

5. Light trespass (the maximum vertical illumination measured at a point five feet within the property line shouldn’t be any greater than 0.1 foot-candles.

6. Parking lot lights and fixtures should be located such that trees located in the parking lot don’t obscure the operation of the light.

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The even lighting in this parking lot facilitates visibility and the average to minimum light level ratios discourages severe lighting contrasts (i.e., “hot spots”)

D. Exterior Display/Sales Areas. Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in such locations. Lighting of such areas shall not be used to attract attention to the business. The applicant shall designate areas to be considered display/sales areas and areas to be used as parking or passive vehicle storage areas.

1. Areas designated as parking or passive vehicle storage areas shall be illuminated in accordance with the requirements for parking areas suggested elsewhere in this section.

2. Areas designated as exterior display/sales areas shall be illuminated so that the average horizontal illuminance is no more than 5.0 foot-candles. The uniformity ratio should be no greater that 4:1. The average and minimum shall be computed for only that area designated as exterior display/sales area.

3. Light fixtures shall be located, mounted, aimed, shielded and maintained so that direct light is not cast onto adjacent streets or properties.

3. Fixtures should be mounted no more than 20 feet above grade and the concrete pedestals used to protect the light pole shall not exceed twenty-four (24") inches in height and shall be included in the overall height calculation.

E. Gasoline Station/Convenience Store Aprons and Canopies

1. Lighting levels on gasoline station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in such locations, but shall not be used to attract attention to the business.

2. Areas on the apron away from the gasoline pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for 119 OUTDOOR LIGHTING GUIDELINES Page 10

parking areas set forth previously. If no gasoline pumps are provided, the entire apron shall be treated as a parking area.

3. Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is no more than 5.5 foot-candles. The uniformity ratio should be no greater that 4:1.

4. Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than degrees beyond the vertical plane (see below diagram).

(Illustration taken from Scottsdale AZ Gas Station and Convenience Store Guidelines)

5. Lights shall not be mounted on the top or sides of the canopy, and the sides of the canopy shall not be illuminated.

6. For service stations in or next to a residential or rural area, lighting shall be of less intensity and shall be considerate of these residential or rural areas

F. Walkways/Bikeways and Parks. Where special lighting is to be provided for walkways, bikeways and parks, the following guidelines could apply.

1. The walkway, pathway, or ground area illuminated to a level of no more than 0.5 foot-candles.

2. The vertical illumination levels should be no more that 0.5 foot-candles. 120 OUTDOOR LIGHTING GUIDELINES Page 11

3. Lighting fixtures shall be designed to direct light downward, and light sources should have an initial output of no more than 1000 lumens.

G. Accent, Architectural or Landscape Lighting. Generally, uplighting is recommended only for the following:

1. For national flags, statues, public art, or other objects of interest that cannot be illuminated with down-lighting, upward lighting should only be used in the form of narrow-cone spotlights that confine the illumination to the object.

2. Architectural or landscape features should only be illuminated if the lighting will enhance the design of a project, is not solely used as an attraction-getting device, and the feature is unique to the particular project due to the use of materials, colors or design characteristics which are not commonly found within the City.

3. Highlighting fixtures should be arranged so they are not generally visible from the public and in areas where there is considerable vehicle and pedestrian traffic so direct glare is avoided.

VIII. Signs

A. Externally Illuminated Signs

1. Light bulbs or lighting tubes used for illuminating a sign shall not be visible from adjacent public right-of-ways or residential properties.

2. No sign may be illuminated with fixtures not shielded from upward transmission of light. Externally illuminated signs shall be lighted only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.

3. The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent travel way or closest right-of-way and shall not be obtrusive to the surrounding area.

B. Internally Illuminated Signs. These signs are prohibited except as follows:

1. Individual back lit letters which are silhouetted against a softly illuminated wall (reverse channel letters).

2. Individual (channel) letters with translucent faces, containing soft lighting elements inside each letter, and

C. Hours of illumination. A sign should be illuminated only during the hours of operation of the facility being identified or advertised or until 11:00 pm, whichever is later. Such signs should provide an automatic timer to comply with this section. 121

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VI. Prohibited Lighting. In any future lighting ordinance, the DRB recommends that the following kinds of lighting be prohibited.

A. Blinking, flashing, moving, revolving, flickering, changing intensity of illumination, and changing color lights. B. Illumination of roofs and internal illumination of awnings. C. Strings of small lights attached to buildings or landscape except for temporary holiday installations described previously. D. Mercury vapor lights E. Search lights, laser source lights, or any similar high-intensity light except in emergencies by police, fire, and other emergency service personnel or at their direction.

VII. Post-installation Inspection. The City should conduct a post-installation nighttime inspection to verify compliance with the requirements of this section, the approved lighting plan and. if appropriate, to require remedial action.

VIII. Temporary Lighting. Any temporary lighting that meets the standards of these guidelines is recommended to be allowed.

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APPENDIX

EXAMPLES OF UNACCEPTABLE AND ACCEPTABLE LIGHTING FIXTURES

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127 7/30/2019 Model Outdoor Lighting Ordinance for Cities and Towns Model Outdoor Lighting Ordinance for Cities and Towns

Following is a model text for an outdoor night-lighting ordinance that cities and towns can use, based on ordinances that have been successfully implemented in Kennebunkport, Maine, and Tucson, Arizona. Replace the word "Anytown" with the name of your city or town. Of course, terms such as "Town", "Town Meeting", "Code Enforcement Officer", "building official", "Subdivision Plat", "Board of Selectmen", and "Lighting Committee" may need to be changed to conform to local usages.

STATEMENT OF NEED AND PURPOSE: Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's night time character, and helps provide security. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces everyone's privacy, and higher energy use results in increased costs for everyone. There is a need for a lighting ordinance that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation so as to help maintain and compliment the Town's character. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the Town.

This ordinance is intended to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the Town of Anytown. All business, residential, and community driveway, sidewalk, and property luminaires should be installed with the idea of being a "good neighbor", with attempts to keep unnecessary direct light from shining onto abutting properties or streets.

ARTICLE 1

1.1. DEFINITIONS: For the purposes of this Ordinance, terms used shall be defined as follows:

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. Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Flood or Spot light: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. Fully-shielded lights: outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. Glare: Light emitting from a luminaire with an 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 code that were 128 in place at the time this code was voted into effect. When an ordinance "grandfathers" a luminaire, it means that such already-existing outdoor lighting does not need to be changed unless a specified period is specified www.cbat.eps.harvard.edu/nelpag/ordbylaw.html 1/6 7/30/2019 Model Outdoor Lighting Ordinance for Cities and Towns for adherence to the code. Height of Luminaire: The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire. Indirect Light: Direct light that has been reflected or has scattered off of other surfaces. 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 property on which it is located. Lumen: A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this Ordinance, the lumen-output values shall be the INITIAL lumen output ratings of a lamp. Luminaire: This is a complete lighting system, and includes a lamp or lamps and a fixture. Outdoor Lighting: The night-time illumination of an outside area or object by any man-made device located outdoors that produces light by any means. Temporary outdoor lighting: The specific illumination of an outside area of object by any man-made 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.

ARTICLE 2

2.1. REGULATIONS: All public and private outdoor lighting installed in the Town of Anytown shall be in conformance with the requirements established by this Ordinance. All previous language in Anytown bylaws and ordinances regarding outdoor lighting is replaced with this ordinance.

2.2. CONTROL OF GLARE -- LUMINAIRE DESIGN FACTORS: A. Any luminaire with a lamp or lamps rated at a total of MORE than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than 900 lumens, shall not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire.

B. Any luminaire with a lamp or lamps rate at a total of MORE than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than 900 lumens, shall be mounted at a height equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 25 feet.

2.3. EXCEPTIONS TO CONTROL OF GLARE: A. Any luminaire with a lamp or lamps rated at a total of 1800 lumens or LESS, and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or LESS, may be used without restriction to light distribution or mounting height, except that if any spot of flood luminaire rated 900 lumens or LESS is aimed, directed, or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.

B. Luminaires used for public-roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.

C. All temporary emergency lighting need by the the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article. 129 D. All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this article, except that all luminaires used must be red and must be shown to be as close as possible to the Federally www.cbat.eps.harvard.edu/nelpag/ordbylaw.html 2/6 7/30/2019 Model Outdoor Lighting Ordinance for Cities and Towns required minimum lumen output requirement for the specific task.

E. Luminaires used primarily for sign illumination may be mounted at any height to a maximum of 25 feet, regardless of lumen rating.

F. Law Governing Conflicts. Where any provision of federal, state, county, or town statutes, codes, or laws conflicts with any provision of this code, the most restrictive shall govern unless otherwise regulated by law.

2.4. OUTDOOR ADVERTISING SIGNS. A. Top Mounted Fixtures Required. Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of Section 2.2. Bottom-mounted outdoor advertising-sign lighting shall not be used.

B. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred, to minimize detrimental effects. Unless conforming to the above dark background preference, total lamp wattage per property shall be less than 41 watts.

C. Compliance Limit. Existing outdoor advertising structures shall be brought into conformance with this Code within ten years from the date of adoption of this provision.

D. Prohibitions. Electrical illumination of outdoor advertising off-site signs between the hours of 11:00 p.m. and sunrise is prohibited.

2.5. RECREATIONAL FACILITIES. A. Any light source permitted by this Code may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met:

a. All fixtures used for event lighting shall be fully shielded as defined in Section 2.2 of this Code, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare. b. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.

2.6. PROHIBITIONS. A. Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.

B. Searchlights. The operation of searchlights for advertising purposes is prohibited.

C. Outdoor Advertising Off-Site Signs. Electrical illumination of outdoor advertising off-site signs is prohibited between the hours of 11:00 p.m. and sunrise.

2.7. TEMPORARY OUTDOOR LIGHTING. 130 A. Any temporary outdoor lighting that conforms to the requirements of this Ordinance shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Board of Selectmen after considering: (1) the public www.cbat.eps.harvard.edu/nelpag/ordbylaw.html 3/6 7/30/2019 Model Outdoor Lighting Ordinance for Cities and Towns and/or private benefits that will result from the temporary lighting; (2) any annoyance or safety problems that may result from the use of the temporary lighting; and (3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Board of Selectmen, who shall consider the request at a duly called meeting of the Board of Selectmen. Prior notice of the meeting of the Board of Selectmen shall be given to the applicant and to the Anytown Lighting Committee. The Board of Selectmen shall render its decision on the temporary lighting request within two weeks of the date of the meeting. A failure by the Board of Selectmen to act on a request within the time allowed shall constitute a denial of the request.

ARTICLE 3

3.1. EFFECTIVE DATE AND GRANDFATHERING OF NONCONFIRMING LUMINAIRES: A. This ordinance shall take effect immediately upon approval by the voters of the Town of Anytown at an annual or special Town Meeting and shall supersede and replace all previous ordinances pertaining to outdoor lighting.

B. All luminaires lawfully in place prior to the date of the Ordinance shall be grandfathered. However, any luminaire that replaces a grandfathered luminaire, or any grandfathered luminaire that is moved, must meet the standards of this Ordinance. Advertising signs are grandfathered only for a period of ten years, as specified in section 2.4.C.

C. Grandfathered luminaires that direct light toward streets or parking lots that cause disability glare to motorists or cyclists should be either shielded or re-directed within 90 days of notification, so that the luminaires do not cause a potential hazard to motorists or cyclists.

ARTICLE 4

4.1. NEW SUB-DIVISION CONTRUCTION. A. Submission Contents. The applicant for any permit required by any provision of the laws of this jurisdiction in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this Code. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit:

plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices;

description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required);

photometric data, such as that furnished by manufacturers, or similar showing the angle of cut off or light emissions.

B. Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily determine whether compliance with the requirements of this Code will be secured. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, 131 fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed www.cbat.eps.harvard.edu/nelpag/ordbylaw.html 4/6 7/30/2019 Model Outdoor Lighting Ordinance for Cities and Towns and certified by a recognized testing laboratory.

C. Subdivision Plat Certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the Town of Anytown Outdoor Lighting Code will be adhered to.

D. Lamp or Fixture Substitution. Should any outdoor light fixture, or the type of light source therein, be changed after the permit has been issued, a change request must be submitted to the building official for his approval, together with adequate information to assure compliance with this code, which must be received prior to substitution.

ARTICLE 5

5.1. NOTIFICATION REQUIREMENTS: A. The Town of Anytown building permit shall include a statement asking whether the planned project will include any outdoor lighting. B. Within 30 days of the enactment of this ordinance, the Code Enforcement Officer shall send a copy of the Outdoor Lighting Ordinance, with cover letter to all local electricians and local electric utility (including at least those in the Towns of Anytown, [list immediately-adjacent towns here], as listed in the Yellow Pages).

ARTICLE 6

6.1. VIOLATIONS, LEGAL ACTIONS, AND PENALTIES: A. Violation. It shall be a civil infraction for any person to violate any of the provisions of this Code. Each and every day during which the violation continues shall constitute a separate offense. B. Violations and Legal Actions: If, after investigation, the Code Enforcement Officer finds that any provision of the Ordinance is being violated, he shall give notice by hand delivery or by certified mail, return-receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. If the violation is not abated within the thirty-day period, the Code Enforcement Officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain, or abate any violations of this Ordinance and to collect the penalties for such violations. C. Penalties: A violation of this Ordinance, or any provision thereof, shall be punishable by a civil penalty of not less than fifty dollars nor more than one thousand dollars for any individual (and not more than ten thousand dollars for any corporation, association, or other legal entity) for each violation. The imposition of a fine under this Code shall not be suspended. Each day of violation after the expiration of the thirty-day period provided in paragraph B shall constitute a separate offense for the purpose of calculating the civil penalty.

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www.cbat.eps.harvard.edu/nelpag/ordbylaw.html 6/6 LIGHTING EXAMPLES OF ZONING REGULUATIONS

GREENWICH ZONING REGULATIONS DIVISION 14 LIGHTING REQUIREMENTS

Sec. 6-151. PURPOSE OF ARTICLE.

The purpose of this Division shall be to reduce to reasonable limits trespass of artificial lighting except street lighting. (Bldg. Zone Regs., Section 21.5.)

Sec. 6-152. BUSINESS ZONE REGULATIONS.

(a) Exterior lighting shall include but shall not be limited to all lights mounted on the exterior of building as well as freestanding or ground lights.

All exterior lights shall be designed so that the filaments, light sources or lenses are shielded with opaque material in such a way that they will not be visible at property lines except as follows:

(1) Adjacent to business uses the light source shall not be visible at a height greater than five (5) feet above ground level.

(2) Adjacent to residential uses the light source shall not be visible at ground level or above.

(3) Exceptions are the following types of lighting which may be used only if approved by the Chief Building Inspector:

(A) Unshielded lighting may be used if it can be shown that the type of fixture proposed is not objectionable because of the light distribution characteristics of the fixture.

(B) Holiday or special events lighting may be used of a period of forty (40) days per year.

(D) Marine lighting may be used if directed at or toward a body of water not visible on other land areas.

(b) Parking structures which have unshielded perimeters shall shield fixtures in accordance with SubSection (a).

(c) Any type of lighting directed upward at such an angle that neither buildings, trees, shrubs or site surfaces are lighted, is prohibited in all zones.

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1 (d) Lights producing varying intensities, changing colors, moving lights or search lights are prohibited in all zones.

(e) When all interior, exterior and sign lighting is fully lighted the intensity of lighting as measured by a light meter with a cosine corrector shall not exceed 0.5 footcandles at any point along a property line of the subject premises unless shielded by opaque fencing. Interior lighting that exceeds this standard may be reduced by installation of curtains, drapes, blinds, louvers, shields or other devices as long as the shielding device selected remains in a fixed position at all times. (Bldg. Zone Regs., Section 21.5.)

Sec. 6-153. RESIDENTIAL ZONE REGULATIONS: EXCEPTION.

(a) The lighting regulations for residential zones shall be the same as for Business Zones except that perimeter lighting as described in Section 6-152(e) must be limited to one- tenth (0.1) footcandles at any point along a property line.

(b) The flood lights regulations shall be the same as Business Zone.

(d) Holiday lights or special events regulations shall be the same as Business Zone.

(e) For the purposes of this Section, residential zones shall not include detached one (1) and two (2) family dwellings, but shall include tennis courts and platform tennis courts and similar recreation facilities. (Bldg. Zone Regs., Section 21.5)

WILTON ZONING REGULATIONS WILTON CENTER DESIGN GUIDELINES FOR STREETSCAPES

The following guidelines and site features should aid in creating uniformity in the elements of the street are in Wilton Center.

LIGHTING

Lighting fixtures shall have opaque hoods over all light elements, to ensure that the light source is not visible off a site. All fixtures shall have sharp cut off shields and light sources shall be directed down toward the ground surfaces. Light pole height shall be kept as low as practical. Lighting for walkways shall be at a maximum pole height of 15 feet. Bollard type lights are encouraged.

WOODBURY ZONING REGULATIONS

9.2.11 Lighting: The location, height, design and arrangement of outside lighting shall be such as to avoid glare on any other lot and to avoid hazards to traffic on any street. 135

ASHFORD ZONING REGULATIONS F. No exterior lighting shall be used in a manner which produces a bloom or a direct glare on neighboring property, or which produces an objectionable visual disturbance to obstruct scenic views. All exterior lighting shall be shielded so that the source of light (light bulb) cannot be directly seen from off the property.

BROOKFIELD ZONING REGULATIONS B. Glare:

(1) Purpose: It is the purpose of this standard to regulate illumination intensities associated with the use of land by the control of glare so as to eliminate deleterious physical effects.

(2) Standard: In general, all exterior light sources shall be directed downward and the of illumination confined to necessary or useful areas. An excessively high level of illumination, spillage of unwanted illumination beyond lot lines and lighting designed or situated in such a manner as to be mistaken for traffic signals or presenting a hazard to safe driving is prohibited.

(a) Exterior lighting shall include but shall not be limited to all lights mounted on the exterior of buildings and structures as well as freestanding or ground lights. All exterior lighting shall be designed so the filament, light sources or lenses are shielded with opaque material in such a way that they will not be directly visible at a point five feet (5') or higher above ground level at the property lines. Improved effectiveness of lighting, rather than higher levels of intensity, is to be achieved where possible. The maximum intensity of all lighting measured at any angle by a light meter with a cosine corrector shall not exceed the levels listed below at any location along the property line:

[1] Industrial and commercial premises: one and zero-tenths (1.0) footcandle.

[2] Industrial and commercial premises, where the property line abuts a residential premises: zero and five-tenths (0.5) footcandle.

(b) Interior lighting: For the purposes of these regulations, interior lighting visible from the exterior shall be treated as exterior lighting.

(c) Flood, spot and searchlights: Any type of lighting directed upward at such an angle that neither buildings, structures, trees, shrubs or site surfaces are lighted is prohibited.

(d) Illuminated signs and advertising devices: Animated, flashing, moving and festooned lighting and lighting producing changing colors are prohibited.

(e) Security lighting: Lighting installed for purposes of security of a building shall be directed toward the building(s). 136

(f) Exceptions: The following types of lighting are excepted from these regulations:

[1] Holiday lighting: During the period from November 20 through January 5 each year.

[2] Lighting for special events: When permitted in conjunction with a special permit granted under Section 242-308C of this chapter.

[3] Marina lighting: Marina lighting directed at or towards a body of water not visible on other land areas and not presenting a danger to navigation.

[4] Aircraft warning lights and navigation beacons.

EAST GRANBY ZONING REGULATIONS Section VII - SITE DEVELOPMENT REGULATIONS

D. OUTDOOR ILLUMINATION

1. Purpose

This section is intended to control the number, size, location, and intensity of outdoor illumination in order to protect the public health, safety and general welfare.

2. Requirements a. All outdoor lighting shall be directed to avoid glare outside the property line or boundary. b. All outdoor lighting which is designed and intended to illuminate buildings or yards shall be arranged so that the lights will not shine into the eyes of any person external to the premises, or cause a nuisance or hazard from glare. c. Light standards shall be located so as not to interfere or conflict with traffic movement or parking and shall be shown on the Site Plan. d. Poles and standards used for outdoor lighting shall not to exceed 24 feet in height. e. Flood lighting shall be avoided except for loading areas.

VERNON ZONING REGULATIONS 13.5 Exterior and/or interior lighting shall not produce glare on public highways or neighboring property or conflict with any traffic signals.

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4 LIGHTING STANDARDS 1/21/05

NEW FAIRFIELD ZONING REGULATIONS

2.9.7 - Lighting Standards. If light standards are proposed they shall not exceed eighteen (18) feet in height from the ground to the highest point on the fixture. The Commission shall retain the right to require that the number of light fixtures be increased, decreased, that the light source be shielded all where necessary to provide for the safety of pedestrian and motorists or to meet topographic constraints or to protect adjacent residential zoned areas.

NORTH BRANFORD ZONING REGULATIONS M. Exterior lighting shall be of a style and character which is in harmony with the character of the district. Lighting standards in parking areas shall not exceed twenty (20) feet in height. Luminaries shall have shielded light sources to prevent glare. Pedestrian walkways shall be illuminated by light bollards or other low level lighting standards with shielded light sources. All outdoor lighting shall be designed for safety, convenience and security while minimizing sky glow, an averse effect from illumination upon the size, enjoyment and value of nearby property and upon the appearance of the community

RIDGEFIELD ZONING REGULATIONS 334.0 Exterior Lighting Standards. [Adopted 2/2/99; effective 2/12/99]

A. Intent and Purpose. It is the intent of this section to discourage the installation of lighting fixtures that emit objectionable illumination that is intrusive and aesthetically incompatible with the character of the Town. It is the purpose of this Section to provide guidelines and standards for the design of effective site lighting, while avoiding unnecessary upward illumination, the illumination of adjacent properties, and to reduce glare.

B. Applicability. The standards herein shall apply to all exterior lighting where site plan review or special permit is required.

C. Lighting Standards. In order to avoid undue glare and objectionable lighting, lights shall be installed and maintained in accordance with the following guidelines and standards.

1. That all exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light at (and glare across), the property lines and disability glare at any location on or off the property. The "maintained horizontal illuminance recommendations" set by the Illuminating Engineering Society of North America (IES) shall be observed.

2. All parking area lighting will be full cut-off type fixtures and shall not exceed fourteen (14) feet in height from the ground to the highest point on the fixture. 138

3. Uplighting and high pressure sodium light sources are prohibited. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward. The lighting must be shielded to prevent direct glare and/or light trespass. The lighting must also be, as much as physically possible, contained within the target area.

4. All building lighting for security or aesthetics will be full cut-off or a shielded type, not allowing any upward distribution of light. Floodlighting is discouraged, and if used, must be shielded to prevent: (a) disability glare for drivers or pedestrians, (b) light trespass beyond the property line, and (c) light above a horizontal plane. Wallpack type fixtures are not acceptable.

5. Where non-residential development is adjacent to residential property, no direct light source shall be visible at the property line at ground level or above.

6. High pressure sodium and flickering or flashing lights are prohibited.

. SOUTHBURY ZONING REGULATIONS Section 11. Lighting.

11.1 General: The following regulations shall apply to the provision of any outdoor illumination in connection with a use of land, buildings and other structures that is subject to submission and approval of a SITE DEVELOPMENT PLAN. The purpose of this Section is to enable the provision of sufficient outdoor illumination for safety, convenience and security while minimizing sky glow, safeguarding against discomfort glare and disability veiling glare and avoiding adverse effects from illumination upon the use, enjoyment and value of property and upon the appearance and beauty of the community.

11.2 Definition: For the purpose of these Regulations, certain lighting terms are defined as follows:

11.2.1 Footcandle: A unit of illumination (light flux incident on a surface); one (1) footcandle equals one (1) lumen of light flux distributed evenly on one (1) square foot of surface.

11.2.2 Footlambert: A unit of brightness (light seen by the eye); one (1) footlambert equals either one (1) lumen of light flux reflected by one (1) square foot of a reflecting surface or one (1) lumen of light flux emitted or transmitted by one (1) square foot of a diffusing surface.**

**Note: For example, if a white surface has a reflectance factor of 80% and is illuminated with 100 footcandles, it will have a brightness of 80 footlamberts.

11.2.3 Luminaire: A complete lighting unit consisting of a lamp or lamps, together with 139

6 any reflectors, refractors, diffusers, baffles or other devices to distribute the light, and with parts to position and protect the lamp and to connect the lamps to the power supply.

11.3 Standards: Outdoor illumination that is subject to this Section, except illuminated signs shall conform to the following standards:

11.3.1 Glare: All outdoor illumination shall be provided and maintained in a manner that safeguards against discomfort glare and disability veiling glare in any street and upon pedestrian ways and vehicular parking, loading and circulation areas on the lot where located on any other lot.

11.3.2 Area Lighting: Area lighting luminaries whether on poles, attached to buildings or otherwise provided, but excluding flood lighting luminaries, shall conform to the following:

a. Such area lighting shall be provided by means of cutoff-type luminaires which shall have a medium distribution having their maximum candlepower directed no higher than 70 degrees above nadir (straight down), and having a rapid runback of candlepower above 70 degrees, with the candlepower at 80 degrees above nadir not numerically exceeding five (5) percent of the lamp lumens (light output) and the candlepower at 90 degrees above nadir not exceeding one (1) percent of the lamp lumens; refractor, or diffuser components shall not be visible above 75 degrees above nadir.

b. Such cutoff-type luminaires shall be located or shielded so as to deliver no more than .05 footcandles of illumination at the property line if on a lot located in a Residential District or at any Residential District boundary line if on a lot located in a Business, Industrial or Public Utility District, which illumination shall be measured in both a horizontal and vertical plane at such lines.

c. In addition, such cutoff-type luminaires shall have shielding, such as visors or baffles, which shield the lamp, refractive glass, diffusers and bright reflector components from view from any angle above 75 degrees above nadir and from view other than from the lot where located.

d. Other than the above cutoff-type luminaries may be used for area lighting when the luminaire used does not exceed a maximum brightness of 200 foot lamberts in B-1A, B- 1B, B-2F, B-3, B-3A, B-3B, B-3C, B-4, M-2, M-2A, M-5 and PUD and any Residential District, measured at any vertical angle above 75 degrees above nadir, and in B-2, B-2A, B-2B, B-2C, B-2D and B-2E Districts a maximum brightness of 400 foot-lamberts measured at any vertical angle above 75 degrees above nadir.

e. No area lighting luminaire shall be located more than 25 feet above the ground.

11.3.3 Floodlighting: Floodlight luminaires shall be used only for illumination of buildings and other structures and architectural and landscape features and shall conform to the following: 140

a. Floodlight luminaires shall be shielded, such as by visors or baffles, to minimize spillage of light beyond the outside edge of the object being illuminated.

b. Floodlight luminaires shall not be aimed across streets, driveways, parking spaces and sidewalks.

c. No floodlight illumination shall be provided in a Residential District, nor on the side of a building located in a Business, Industrial or Public Utility District and facing, or within 60 degrees of facing, a Residential District boundary line and located within 200 feet of such line, unless such illumination meets the standards of Par. 11.3.2(b).

d. Any floodlight illumination shall not result in the luminance (brightness) of the illuminated object exceeding five (5) footlamberts in B-1A, B-1B, B-2F, B-3, B-3A, B- 3B, B-3C, B-4, M-2, M-2A, M-5, PUD and any Residential District and not exceeding 10 footlamberts in B-2, B-2A, B-2B, B-2C, B-2D and B-2E Districts.

e. No floodlight luminaire shall be located more than 25 feet above the ground if supported by or attached to a pole or other standard.

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8 Outdoor Lighting Code City Of Sedona Community Development Department 102 Roadrunner Drive Sedona, AZ 86336 (928) 282-1154 www.sedonaaz.gov

Sedona Land Development Code Article 9 Development Standards, 911 Outdoor Lighting. 911.01 Purpose and Intent. It is the purpose and intent of this Code to balance the goals of the Sedona Community Plan to maintain its small-town character with the need to provide for safe lighting practices and to minimize light pollution for the enjoyment of Sedona’s citizens and visitors. A. The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principles among these concerns are: 1. The degradation of the nighttime visual environment by production of unsightly and dangerous glare; 2. Lighting practices that interfere with the health and safety of Sedona’s citizens and visitors; 3. Unnecessary waste of energy and resources in the production of too much light or wasted light; 4. Interference in the use or enjoyment of property which is not intended to be illuminated at night, and the loss of the scenic view of the night sky due to increased urban sky-glow. B. The concerns of safety, utility and aesthetic appearance need not compete. Good modern lighting practices can provide adequate light for safety and utility without excessive glare or light pollution. In nearly all cases, careful attention to when, where and how much nighttime lighting is needed will lead to better lighting practices. C. The topography and atmospheric conditions in northern Arizona are uniquely suited for government, military, commercial, and private astronomical observation in the area. Unnecessary or excessive uses of outdoor nighttime lighting have an adverse impact on astronomical observation even at relatively distant observatories. D. Accordingly, it is the intent of this Code to require lighting practices and systems which will minimize light pollution, glare, light trespass, and conserve energy while maintaining nighttime safety, utility, security and productivity. 911.02 Conflict Regulations. Where any provision of federal, state, county, or city statutes, codes, or laws conflicts with any provision of this Code, the most restrictive shall govern unless otherwise regulated by law. 911.03 Definitions. See Article 2 SLDC for definitions pertaining to outdoor lighting. 911.04 Applicability. A. New Uses, Buildings and Major Additions or Modifications. If the total cumulative increase in floor area is greater than 50% for single-family residential or greater than 25% for all other uses, or if the total cumulative cost of any exterior modification, alteration or repair is greater than 25% of the valuation of the building as determined by the Director, then all outdoor lighting fixtures shall meet the requirements of this Code for the entire site, including previously installed and any new outdoor lighting. Cumulative modification or replacement of outdoor lighting constituting 25% or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a nonconforming site, shall constitute a major addition for purposes of this section. B. Minor Additions. If the total cumulative increase in the floor area is 50% or less for single-family residential or 25% for all other uses, or if the total cumulative cost of any exterior modification, alteration or repair is less than 25% of the valuation of the building as determined by the Director, then full conformance of the existing portion of the building or structure is not required. However, such projects shall require the submission of a complete inventory and Site Plan detailing all existing and any proposed new outdoor lighting. C. New Lighting. Any new lighting on the site shall meet the requirements of this Code with regard to shielding and lamp type; the total outdoor light output after the modifications are complete shall not exceed that on the site before the modification, or that permitted by this Code, whichever is larger. 142

L:\Development Services\web files\Outdoor Lighting Code.doc D. Resumption of Use after Abandonment. If a property or use with nonconforming lighting is abandoned as defined in Article 12 SLDC, Nonconforming Situations, then all outdoor lighting shall be reviewed and brought into compliance with this Code before the use is resumed. E. Public Roadways. In general this Code does not apply to city and state rights-of-way. However, all such street lights must be fully shielded. 911.05 Outdoor Lighting Standards. A. Low Pressure Sodium Lighting. Due to their high energy efficiency, long life and spectral characteristics, low pressure sodium (LPS) lamps are the preferred illumination source throughout the city. Their use is to be encouraged, when not required, for outdoor illumination whenever its use would not be detrimental to the use of the property. Ten percent white light added to LPS light permits nearly normal color perception. 1. Class 1 Lighting. Low pressure sodium (LPS) lamps are not required. Businesses who chose to use LPS as their primary lamps are eligible to apply for an additional 10% increase in the lumens per acre allowed for their site. 2. Class 2 Lighting. Low pressure sodium (LPS) lamps are required. Up to 10% of the total lumens per acre allowed may be white light. B. Light Trespass Standard. All light fixtures, including security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source. Particular care is to be taken to assure that the direct illumination does not fall onto or across any public or private street or road. Motion sensing light fixtures shall be fully shielded and properly adjusted, according to the manufacturer’s instructions, to turn off when detected motion ceases. C. Lamp and Shielding. All light fixtures are required to be fully shielded and shall be installed in such a manner that the shielding complies with the definition of fully shielded light fixtures for all uses, including single-family and multifamily residential uses, except as provided below. 1. All lamp types above 2,000 lumens shall be fully shielded. 2. Partially shielded light fixtures may be permitted subject to the approval of the Director. Partially shielded light fixtures are limited to a maximum of 5,500 lumens per net acre and shall not exceed 2,000 per lamp (see subsection 911.05(D) of this section). D. Total Outdoor Light Output Standards – Nonresidential and Multifamily Uses. 1. Total outdoor light output shall not exceed 100,000 lumens per net acre for all development except single-family residential uses. This cap is not intended to be achieved in all cases or as a design goal. Instead, design goals should be the lowest levels of lumens necessary to meet the lighting requirements of the site. Partially shielded light fixtures are limited to a maximum of 5,500 lumens per net acre and are counted towards the 100,000 lumens per net acre cap. 2. Seasonal decorations, permitted between Thanksgiving and January 15, are not counted toward these limits. Lighting used for external illumination of signs is counted. E. Total Outdoor Light Output Standards – Single-Family Residential Uses. 1. Outdoor lighting for single-family residential uses is not subject to a lumens per net acre cap. 2. Outdoor lighting for single-family residential uses is subject to the lamp fixture and shielding requirements. F. Parking Lot Standards. Parking lots shall be considered Class 2 lighting. Parking lot lighting poles shall be sized in such a manner that the top of any luminary does not exceed 12 feet above adjacent grade. G. Lighting Time Limitations. 1. Class 1 lighting, including but not limited to sales, service, commercial, assembly, repair, maintenance, and industrial areas, may only continue in operation until 11:00 p.m. or for as long as the area is in active use but once off remain off during nonbusiness hours. 143 2. Class 2 lighting shall have no time restrictions except as specified by any conditions of approval. Uses L:\Development Services\web files\Outdoor Lighting Code.doc that do not require all-night illumination are encouraged to turn off their outdoor lighting during night hours whenever possible. 3. Class 3 lighting, except for flagpole lighting, must be extinguished after 11:00 p.m. or when the business closes, whichever is later, except that low-wattage holiday decorations may remain on all night from Thanksgiving to January 15. 4. Multi-class lighting, except for security lighting, must conform to the time limitations of the strictest class. H. Multi-Class Lighting Standard. Multi-class lighting must conform to the shielding and timing restrictions, if any, that apply to the most restrictive included class. I. Class 3 Lighting Standards. 1. All Class 3 lighting must be selected, designed, installed, and aimed so that there is a minimum amount of spill beyond the area intended to be lighted. 2. Permanent exposed string lighting is not permitted. 3. All Class 3 lighting must comply with the light trespass standards as described in subsection 911.05(B) of this section. 4. All Class 3 lighting shall comply with the lamp and shielding standards as described in subsection 911.05(C) of this section. 5. a. Subject to the approval of the Director, uplighting or ground-mounted lighting may be allowed to accent unique features of a building and/or surrounding landscaping (such as outstanding architectural features, specimen trees with dense year-round foliage or large native shrub masses). Uplighting or ground-mounted lighting shall be designed and installed in such a manner as to minimize glare with special consideration in areas where there is vehicle and pedestrian traffic. b. All lighting which is directed upwards shall be placed in such a manner that the angle of the lamp shall not be greater than 45 degrees measured from a horizontal plane to a line projected through the center of the lamp, and fixtures shall be fully shielded to contain and direct the light onto the feature to be lighted. J. Signs. See Article 11 SLDC, Sign Regulations. K. Mercury vapor light bulbs and fixtures in use for outdoor lighting on the effective date of the ordinance codified in this Code shall not be used after July 1, 2006. L. Searchlights, floodlights, laser source lights, strobe or flashing lights, illusion lights or any similar high intensity light shall not be permitted except in emergencies by police and fire personnel at their direction. Spot lights are permitted and must be directed downward 45 degrees from any neighboring property. M. On projects where an engineer or architect is required, the developer shall verify in writing to the city that all outdoor lighting was installed in accordance with the approved plans. 911.06 Special Uses. A. Recreational Facilities. 1. Lighting for outdoor athletic fields, courts or tracks shall be considered Class 1. 2. Lighting allowed in this subsection shall be subject to approval. When the proposed lumens per acre exceed the lumens per net acre limits, the installation shall be designed to achieve no greater than the minimum illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA). 3. Every such lighting system design shall be certified by an Arizona registered engineer as conforming to all applicable restrictions of this Code. 4. Such lighting shall not include any light trespass as determined by the Director. 5. All events shall be scheduled so as to complete all activity and lights turned off by 10:00 p.m. 144 L:\Development Services\web files\Outdoor Lighting Code.doc 6. Fully shielded lighting shall be required for fields designed for amateur, recreational or nonprofessional sports activity. For professional level sports facilities where fully shielded fixtures are not utilized, acceptable luminaries shall include those which: a. Are provided with internal or external glare control louvers, or both, and installed so as to minimize uplight and off-site light trespass as determined by the Director; and b. Are installed and maintained with aiming angles that permit no greater that 2% of the light emitted by each fixture to project above the horizontal. B. Outdoor Display Lots. Light for outdoor display lots shall be considered Class 1, and shall conform to the lumens per net acre limits except as follows: 1. All such lighting shall utilize fully shielded luminaries that are installed in a fashion that maintains the fully shielded characteristics. 2. When the proposed lumens exceed the per acre limits, the installation shall be designed to achieve no greater than the minimum illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA). 3. Such lighting shall not include any light trespass as determined by the Director. 4. Every such lighting system design shall be certified by an Arizona registered engineer as conforming to all applicable restrictions of this Code. 5. Lighting Time Limitations. Outdoor display lot lighting shall conform to the hours of operation as established under Class 1 lighting standards. Any lighting on after the time limitations shall be considered Class 2 lighting and shall conform to all restrictions of this Code applicable to this class. C. Service Station Canopies. 1. Class 2. Lighting for service station canopies shall be considered Class 2 lighting. 2. Shielding. All luminaries shall be flush with the lower surface of canopies and utilize flat glass or plastic covers. 3. Total Under-Canopy Output. The total light output used for illuminating service station canopies, defined as the sum of under-canopy initial bare-lamp outputs in lumens, shall not exceed 40 lumens per square foot of canopy. All lighting mounted under the canopy, except internally illuminated signs, shall be included in the total. Fifty percent of the total lumen output of all lamps mounted within or under a canopy shall be included in the lumen per acre cap. D. Other Lighting on Parcels with Special Uses. All site lighting not directly associated with the special uses as permitted shall conform to all lighting standards described in this Code. 911.07 Plan Submittal and Evidence of Compliance. A. Plan Submittal. Whenever a person is required to obtain a permit for outdoor lighting or signage, a conditional use permit, subdivision approval or any development plan approved by the city, including all city projects, or whenever a person requests a rezoning, the applicant shall, as part of the application process, submit sufficient information to enable the Director to determine whether proposed lighting complies with this Code. All applications may be subject to review and action by the Planning and Zoning Commission at the discretion of the Director. B. Applications. All applications shall include the following: 1. A Site Plan indicating the location of all lighting fixtures, both proposed and any already existing on the site. 2. A description of each illuminating device, fixture, lamp, support and shield, both proposed and existing. The description shall include, but is not limited to, manufacturer’s catalog cuts and illustrations (including sections where required); lamp types, wattages and initial lumen outputs. 3. Such other information that the Director may determine is necessary to ensure compliance with this 145 Code. L:\Development Services\web files\Outdoor Lighting Code.doc C. Plan Approval. If the Director determines that any proposed lighting does not comply with this Code, the permit shall not be issued or the plan approved. D. Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Director for approval, together with adequate information to assure compliance with this Code, which must be received prior to substitution. E. Certification of Installation. For all projects where the total initial output of the proposed lighting equals or exceeds 100,000 lamp lumens, certification that the lighting, as installed, conforms to the approved plans shall be provided by a certified engineer before the Certificate of Occupancy is issued. Until this certification is submitted, approval for use of a Certificate of Occupancy shall not be issued for the project. 911.08 Approved Materials and Methods of Construction or Installation/Operation – Approval of Alternatives. 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 Code, provided any such alternate has been approved by the Director. The Director may approve any such proposed alternate providing that it: A. Provides at least approximate equivalence to that applicable specific requirement of this Code. B. Is otherwise satisfactory and complies with the intent of this Code. 911.09 Exemptions and Nonconforming Lights. A. All nonconforming outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified in this Code are exempt from all requirements of this Code. However, there shall be no change in use or lamp type, or any replacement (except for same-type and same-output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this Code. B. In the event that an outdoor lighting fixture is abandoned or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this Code. C. Emergency lighting, used by police, firefighting, or medical personnel, or at their direction, is exempt from all requirements of this Code for as long as the emergency exists. D. Swimming Pool and Decorative Water Fountain Lighting. Underwater lighting used for the illumination of swimming pools and decorative water fountains is exempt from the lamp type and shielding standards, though they must conform to all other provisions of this Code.

146

L:\Development Services\web files\Outdoor Lighting Code.doc Discussions for Checklists and Lighting:

There are no new materials in your packets, we will provide next step materials prior to or at Tuesday’s meeting. The last discussions were helpful and our intention is to continue in the same direction.

If you have had a chance to go through the materials that had been provided to you for both items and have edits, suggestions, comments, please forward them to us and/or bring them for Tuesday’s meeting.

147 Planning Commission Agenda Item Report

Submitted by: Nicole LaFontaine Submitting Department: Planning and Development/Zoning Meeting Date: August 20, 2019

Agenda Action: Discussion: Updates and Revisions to Checklists

Motion:

ATTACHMENTS  EXHIBIT_C.___APPLICATION_CHECKLISTS.doc  PC Notes.docx

148 EXHIBIT C. - APPLICATION CHECKLISTS

A. CHECKLIST - ADMINISTRATIVE SUBDIVISION. The applicant shall submit to the administrative officer four "check prints" of the proposed plat for review. Plans shall include a certification that all plans and improvements conform to all standards of the State of Rhode Island and Providence Plantations, Board of Registration for Land Surveyors. The following materials must be delivered in plan format to the administrative officer for review: (1) Three review blue or black line prints prepared by a professional land surveyor at a scale no smaller than 1″ = 40′ with a sheet size of 24″ × 36″. The scale may be modified with the permission of the administrative officer. (2) Name and address of the property owner(s) and applicant(s). (3) Date of plan preparation, with revision date(s), if any. (4) Graphic scale and true north arrow. (5) Plat and lot numbers of the parcel being resubdivided. (6) Zoning district(s) of the parcel being resubdivided. (7) Existing property lines, easements and rights-of-way. (8) Proposed property lines, drawn to distinguish them from existing property lines. (9) Existing and proposed area(s) and dimensions of lot(s) being resubdivided. (10) Location of wooded areas, stone walls, notable natural features, wetlands and coastal features. (11) Location and size of existing and proposed buildings, structures, utilities, wells, individual sewage disposal systems, and improvements. (12) Location, width and names of existing public and private streets within or immediately adjacent to the parcel being resubdivided. (13) Certification (stamp) of a Rhode Island registered professional land surveyor that the plan and survey are correct according to the standards of class I survey. (14) Completed application form signed by the applicant and the property owner. (15) Administrative fee. See article 11, section 11.4.4.c (16) Certificate of the tax collector that all taxes due on the land have been paid for a period of five years prior to the filing of the application for the administrative subdivision. (17) Such other information as may be requested by the department of planning and development or the planning commission. (18) Following completion of staff review and approval of the check print, the applicant shall submit a Mylar and four prints, at the same scale as the approved check print, for signature by the administrative officer and one print at a scale of one inch equals 200 feet. (19) One copy of all plans shall be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF.

149 B. CHECKLIST FOR PRE-APPLICATION MEETINGS AND CONCEPT REVIEW FOR MINOR OR MAJOR LAND DEVELOPMENT PROJECTS AND MINOR OR MAJOR SUBDIVISIONS. The applicant shall submit to the administrative officer at least eight blue or blackline copies of pre- application maps required below. In addition, 12 reduced set of all plans on 11″ × 17″ sheets shall be submitted. The scale of all plans shall be sufficient to clearly show all of the information required and shall be subject to the approval of the administrative officer. The plans must bear the stamp of the professional land surveyor and professional engineer who prepared them. Plans shall also be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF. At a minimum, the following information shall be provided: A. Existing features. A map or plan(s) of the parcel proposed for development, showing the following information: 1. ___ Name of the proposed subdivision. 2. ___ Name and address of property owner and applicant. 3. ___ Name, address and telephone number of person or firm preparing pre-application plan. 4. ___ Date of plan preparation, with revision date(s) (if any). 5. ___ Graphic scale and true north arrow. 6. ___ Plat and lot number(s) of the land being subdivided. 7. ___ Zoning district(s) of the land being subdivided. If more than one district, zoning boundary lines must be shown. 8. ___ Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines. 9. ___ Location of existing property lines, easements, and rights-of-way within and immediately adjacent to the parcel(s) being developed. 10. ___ Area of the subdivision parcel and proposed number of buildable lots, dwellings or other proposed improvements. 11. ___ Location, and names of existing streets within and immediately adjacent to the subdivision parcel. 12. ___ Location of wooded areas and notation of existing ground cover. 13. ___ Estimated location of land unsuitable for development/land with development limitations on or within 200 feet of the property being subdivided, as available from existing information. 14. ___ Areas of agricultural use. 15. ___ Existing topography (from available information) and showing all areas of slopes greater than 25 percent. 16. ___ Location and approximate size of existing buildings or significant aboveground structures on or immediately adjacent to the subdivision. 17. ___ Proposals, if any, for connection with existing water supply and sanitary sewer systems. 18. ___ Location of historic cemeteries on or immediately adjacent to the subdivision (if any). 19. ___ General location of any unique natural and/or archeological and historic features, including stonewalls.

150 B. Proposed development. A diagrammatic sketch plan overlay sheet shall be provided. This sheet shall be prepared to overlay a base map of existing information and features described in A., above. As an alternative, if surveys of the property proposed for development have not been prepared, a separate sketch plan may be submitted. 1. ___ Conceptual layout, on a separate drawing or overlay, if necessary to clearly portray areas proposed for development, areas proposed for open space and preliminary street layout. 2. ___ Initial yield plan. 3. ___ Aerial photograph at a scale not less than 1″ = 400′ showing areas within a radius of one-half mile of the proposed site. C. Supporting materials. The applicant shall submit to the administrative officer copies of a narrative report (actual number of copies to be determined by the administrative officer) providing a general description of the existing physical environment and existing use(s) of the property along with a general description of the uses and type of development proposed by the applicant. The narrative report shall include reduced copies (11″ × 17″) of all plans required in A and B., above plus items 2—3, below: 1. ___ Administrative filing fee: See article 11, section 11.4.4.c. 2. ___ A site context map, as described in article 13, section 13.6. 3. ___ Completed application form signed by the applicant and the property .owner 4. ___ Certificate of tax collector that all taxes due on the land have been paid prior to filling the preapplication. 5. ___ Such other information as may be requested by the department of planning and development or by the planning commission.

151 C. MINOR PRELIMINARY PLAN CHECKLIST—MINOR LAND DEVELOPMENT PROJECTS AND MINOR SUBDIVISIONS. The applicant shall submit to the administrative officer at least eight blue or blackline copies of the preliminary site plans required below. In addition, 12 reduced sets of all plans on 11″ × 17″ sheets shall be submitted. The scale of all plans shall be sufficient to clearly show all of the information required and shall be subject to the approval of the administrative officer. Plans shall also be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF. At a minimum, the following information shall be provided: Drafting standards

Unless otherwise indicated, plans shall be drawn at the following scales: (a) Record plan, not smaller than 1″ = 100′; (b) Site plan, not smaller than 1″ = 100′; construction plans at a scale not smaller than 1″ = 50′ with street plan and profile, not smaller than horizontal 1″ = 50′ and vertical 1″ = 5′. The scale may be modified with the permission of the administrative officer. Each sheet shall be no larger than 24 inches by 36 inches, and a sufficient number of sheets shall be included to clearly show all of the information required. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.).

All sheets must contain the following basic information: 1. ___ Plan title block with proposed name of the development; name(s) and address(es) of applicant(s); owner(s), and designer(s) of the plan; date prepared; revision box to identify all changes from previous submissions; plat and lot number(s) of the land being subdivided or developed. 2. ___ Graphic scale and true north arrow. 3. ___ Inset locus map at 1″ = 2000′. 4. ___ Zoning district(s) of the land being subdivided or developed. If more than one district, zoning boundary lines must be shown. 5. ___ Perimeter boundary lines of the subdivision or development, drawn so as to distinguish them from other property lines. 6. ___ Area of the parcel(s) being developed, and proposed number of buildable lots, dwellings or other proposed improvements. 7. ___ Location and dimensions of existing property lines within or adjacent to the parcel(s) being subdivided or developed. 8. ___ Easements and rights-of-way within or adjacent to the parcel(s). 9. ___ Location, width and names of existing streets within and immediately adjacent to the parcel(s) being developed. 10. ___ Names of abutting property owners and property owners immediately across any adjacent streets, with plat and lot numbers also indicated. 11. ___ Notation on plan if the parcel(s) being developed are located within any of the following areas: ___ Natural Heritage Areas (RIDEM). ___ Narrow River Special Area Management Plan. ___ Zoning Overlay Districts. 152 ___ Groundwater Recharge Areas. ___ Wellhead protection Areas. ___ FEMA Flood Plain. Preliminary plan application checklist.

A. ___ Site context map. See article 13, section 13.6. B. ___ Existing resources and site analysis map. See article 13, section 13.17. C. ___ Sketch plan overlay sheet. As an overlay to the existing resources and site analysis map, the following features shall be shown so as to demonstrate to the planning commission that the design process provided in article 13, section 13.4 was followed: 1. Schematic layout indicating a general concept for land conservation and development. 2. Proposed open space areas. 3. Proposed location of buildings and major structures, parking areas, and recreational facilities. (Not required of developments involving only single household dwellings). 4. Proposed general street layout. 5. Proposed lot lines, with approximate lot areas and dimensions. Proposed lot lines shall be drawn so as to distinguish them from existing property lines. 6. General description of proposed method of water supply, sewage disposal, and stormwater management. 7. Description of pedestrian facilities (sidewalks, footpaths, trails). 8. Land proposed for dedication to the town. D. ___ Supplementary information. 1. ___ Yield plan, modified from pre-application review (if necessary). 2. ___ Preliminary grading plan in sufficient detail to show proposed contours for all grading proposed for on and off-site street construction, drainage facilities and grading upon individual lots if part of proposed subdivision improvements (if applicable). 3. ___ Proposed drainage plan and drainage calculations prepared by a registered professional engineer, if required. 4. ___ Proposed utilities plan, including sewer, water, gas, electric, phone, cable TV, fire alarm, hydrants, utility poles, or other proposed above or underground utilities, as applicable. 5. ___ Location, dimension and area of any land proposed to be set aside as open space. 6. ___ Statement identifying any waivers from development standards, zoning variances or special use permits required or requested. 7. ___ Base flood elevation data. 8. ___ Certification by a Professional Land Surveyor that a perimeter survey of the land being subdivided has been performed and conforms to the survey requirements to a minimum of a class I survey. 9. ___ Open space use and management plan. See article 13, section 13.12.a. 10. ___ Density calculation based on land suitable for development. E. ___ Supporting materials. 1. ___ Administrative fee. See article 11, section 11.4.4.c. 2. ___ Project review fee. See article 11, section 11.4.5. 153 3. ___ Written statement from the town water department that town water is available to the development with sufficient volume and pressure to meet fire flow requirements, based on water system model if required by the water department and that the town council has granted permission for water line extension. 4. ___ If individual sewage disposal systems are proposed, confirmation from the state department of environmental management that the soils are adequate for the use of ISDS. Either of the following: ___ Preliminary subdivision suitability report No. ______/(3—5 lots).

___ Water table verification No. ______/(2 lots).

5. ___ The names and addresses of all property owners, agencies or communities requiring notification as required by these regulations (required only if a street extension or creation is involved). ___ Notification required ___ Notification not required

6. ___ Copies of return receipts for certified mail notices (if required in No. 5, above). 7. ___ Proposed arrangements for completion of the required public improvements, including construction schedule and financial guarantees. See article 7.0. 8. ___ Completed application form signed by the applicant and the property owner. 9. ___ Certificate of the tax collector that all taxes due on the land were paid for a period of five years prior to filing of the application. 10. ___ Such other information as may be required by the department of planning and development or by the planning commission.

154 D. FINAL PLAN CHECKLIST—MINOR LAND DEVELOPMENT PROJECTS AND MINOR SUBDIVISIONS. The applicant shall submit to the administrative officer copies of final site plans and supporting materials as indicated below: A. Plat plans to be recorded. One Mylar and four blue or black line prints at a sheet size of 24″ × 36″. One Mylar and one blue or black line copy of the record plan will be recorded by the applicant with the town clerk following final approval and signature. Record plan scale not to be smaller than 1″ = 100′. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.). The following information shall be shown on the plans: 1. ___ Plan title block with proposed name of the development; name(s) and address(es) of applicant(s); owner(s), and engineer or land surveyor who prepared the plan; date prepared; with revision box to identify all changes from previous submissions; plat and lot number(s) of the land being subdivided or developed. 2. ___ Notation that the subdivision is located in the town. 3. ___Graphic scale and true north arrow. 4. ___ Inset locus map at 1″=2000′. 5. ___ Zoning district(s) of the parcel(s) being developed. If more than one district, zoning boundary lines must be shown. 6. ___ Perimeter boundary lines of the subdivision or land development project, drawn so as to distinguish them from other property lines. 7. ___Location and dimensions of existing property lines, easements and rights-of-way within or immediately adjacent to the parcel being subdivided. 8. ___Location, width and names of proposed and existing streets within and immediately adjacent to the parcel being developed. 9. ___Names of abutting property owners and property owners immediately across any adjacent streets, with plat and lot numbers indicated. 10. ___ Location of proposed permanent stone boundary markers. 11. ___ Location of all interior lot lines and street lines with accurate dimensions and bearings (or angles) indicated, including data for all horizontal curves. 12. ___ Location and number of all proposed lots, with accurate areas indicated. 13. ___ Proposed house numbers as provided by the town engineer. 14. ___ Developers lot number. 15. ___ Location and notation of type of easement(s) or existing easement(s) to remain (if any) with accurate dimensions and areas indicated. 16. ___ Location and notation of type of proposed open space areas. 17. ___ Notation of any special conditions of approval imposed by the planning commission. 18. ___ Notation of any permits and agreements with state and federal reviewing agencies. 19. ___ Phasing schedule (if any). 20. ___ Certification by a state professional land surveyor that all interior and perimeter lot lines and street lines of the land being subdivided have been designed to conform to a minimum of a class I survey, including the location of all proposed permanent monuments. 21. ___ Stamped and signed approval (endorsement) from the planning commission or administrative officer. See article 6.0. 155 B. Construction drawings. Four blue or blackline copies of construction plans drawn to a scale not smaller than 1″ = 50′ with street plan and profile not smaller than horizontal 1″ = 50′ and vertical 1″ = 5′. The scale may be modified with the permission of the administrative officer. Each sheet shall be no larger than 24 inches by 36 inches, and a sufficient number of sheets shall be included to clearly show all of the information required. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.). Plans shall also be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF. 1. ___ Final construction plans as listed in the preliminary plat checklist, including plans of any additional improvements as required by the planning commission as a condition of approval, to include the following (if required or applicable). All plans shall bear the stamp of the Rhode Island Registered professional engineer who prepared them. ___ Proposed street plan and profiles. ___ Proposed utility plans and profiles for water and sewer systems on a separate plan. ___ Street cross-sections. ___ Final detailed drainage plans and computations. ___ Final detailed grading plans and computations. ___ Soil erosion and sediment control plan. 2. ___ Proposed landscaping plan bearing the stamp of a landscape architect registered in the state (if required by the planning commission). 3. ___ For phased projects, as-built drawings for the previous phase (if applicable). 4. ___ Proposed street trees. 5. ___ At least one bench mark indicating that datum is mean sea level (MSL). 6. ___ Certification by a registered professional engineer that the plan is correct. 7. ___ One copy of all plans shall be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF. C. Supporting materials. 1. ___ Administrative fee. See article 11, section 11.4.4.c. 2. ___ Certificate of the Tax Collector showing that all taxes due on the parcel being subdivided have been paid for a period of five years prior to filing of the final plat and that there are no outstanding municipal liens on the parcel. 3. ___ Written confirmation from the state department of environmental management pursuant to the RIDEM Rules and Regulations Governing the Enforcement of the Freshwater Wetlands Act, and any subsequent amendments thereto, that plans of the proposed development, including any required off-site construction, have been reviewed and indicating that the Wetlands Act either does not apply to the proposed site alteration or that approval has been granted for the proposed site alteration. 4. ___ In lieu of item 3 above, an affidavit signed by a qualified wetlands biologist stating that there are no freshwater wetlands present on or within 200 feet of the property being subdivided. 5. ___ A physical alteration permit (PAP) issued by the state department of transportation for any connection to or construction work within a state highway or other right-of-way (if necessary). 6. ___ Final approval from the coastal resources management council (if applicable). 7. ___ Approval from the US Army Corps of Engineers (if applicable).

156 8. ___ All other state and federal agency approvals (as applicable). 9. ___ One original signed copy of all legal documents describing the property, creating a Homeowners' Association, proposed easements and rights-of-way, dedications, restrictions or other required legal documents. One copy of the approved legal documents will be recorded by the applicant with the town clerk following final plan approval and signature. Specify: ______

10. ___ One original signed copy of an irrevocable offer to convey to the Town all public streets and/or other public improvements, accompanied by a metes and bounds description of said areas. 11. ___ Deed transferring land proposed for dedication to the town or other qualified group or agency for open space purposes. 12. ___ Letter of approval of all legal documents from the town solicitor. 13. ___ Open space use and management plan. See article 13, section 13.12.a. 14. ___ 911 emergency numbers. Proof of notification to the fire marshal with proposed new road names, if any, and all new house numbers assigned to each building lot or dwelling. To be shown on plans with a square box. 15. ___ Completed application form signed by the applicant and the property owner. 16. ___ Such other information as may be required by the planning commission as a condition of preliminary approval. 17. ___ Letters of approval from the town council or appropriate state or federal agency for the construction of any off-site improvements (if required). D. Payment of required fees. Payment of the following fees or posting of financial guarantees, if required, to be prior to endorsement by the planning commission and recording of final plans: 1. ___ Administrative fee: See article 11, section 11.4.4.c. 2. ___ Final plat recording fee - Amount _____ . 3. ___ Financial guarantees in a form approved by the finance director. Initial amount _____ .

Date set by planning Commission _____ .

Date of expiration of surety _____ .

4. ___ Inspection fee - Amount _____ . 5. ___ Maintenance bond for acceptance of public improvements (if applicable). Amount _____ .

Date of Council Acceptance _____ .

Description ______.

Date of Expiration of Maintenance Bond _____ .

157 E. CONCEPTUAL MASTER PLAN CHECKLIST—MAJOR LAND DEVELOPMENT PROJECTS AND MAJOR SUBDIVISIONS. The applicant shall submit to the administrative officer at least eight blue or blackline copies of conceptual master plan maps required below. In addition, 12 reduced sets of all plans on 11″ × 17″ sheets shall be submitted. The scale of all plans shall be sufficient to clearly show all of the information required and shall be subject to the approval of the administrative officer. Plans shall bear the stamp of the professional land surveyor and professional engineer who prepared them. Plans shall also be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF. At a minimum, the following information shall be provided: Master plan application submission requirements.

The submission requirements for master plan applications for major land developments and major subdivisions shall consist of the following five elements and shall be prepared in accordance with the drafting standards and plan requirements set forth below. A. Site context map. B. Existing resources and site analysis map. C. Sketch plan overlay sheet. D. Supplementary information as set forth in other parts of this ordinance. E. Supporting materials. Drafting standards.

Unless otherwise indicated, plans shall be drawn to a scale of either 1 inch = 100 feet or 1 inch = 200 feet, whichever would best fit on a standard size sheet (24″ × 36″), unless otherwise approved by the administrative officer. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.). All sheets must contain the following basic information (if applicable): 1. ___ Plan title block with proposed name of the development; name(s) and address(es) of applicant(s); owner(s), and designer(s) of the plan; date prepared; revision box to identify all changes from previous submissions; plat and lot number(s) of the land being subdivided or developed. 2. ___ Graphic scale and true north arrow. 3. ___ Inset locus map at 1″ = 2000′. 4. ___ Zoning district(s) of the land being subdivided or developed. If more than one district, zoning boundary lines must be shown. 5. ___ Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines. 6. ___ Area of the parcel(s) being developed and proposed number of buildable lots, dwellings or other proposed improvements. 7. ___ Location of existing property lines, easements and rights-of-way within or adjacent to the parcel(s) being developed. 8. ___ Location, width and names of existing streets within and immediately adjacent to the parcel(s) being developed. 9. ___Names of abutting property owners and property owners immediately across any adjacent street, with plat and lot numbers also indicated. Master plan application checklist.

A. ___ Site context map. See article 13, section 13.6. 158 B. ___ Existing resources and site analysis map. See article 13, section 13.17. C. ___ Sketch plan overlay sheet. As an overlay to the existing resources and site analysis map, the following information shall be shown so as to demonstrate to the planning commission that the design process provided in article 13, section 13.4 was followed: 1. ___ Schematic layout indicating a general concept for land conservation and development. 2. ___ Proposed open space areas. 3. ___ Proposed location of buildings and major structures, parking areas, and recreational facilities. (Not required of developments involving only single household dwellings). 4. ___ Proposed general street layout. 5. ___ Proposed lot lines, with approximate lot areas and dimensions. Proposed lot lines shall be drawn so as to distinguish them from existing property lines. 6. ___ Description of pedestrian facilities (sidewalks, footpaths, trails). 7. ___ Land unsuitable for development. D. ___ Supplementary information. The following information shall be presented in the form of a written narrative report, supplemented as necessary with drawings, sketches or plans to convey intent. The narrative report shall include reduced copies of all plans required in No. 1 above plus items 1-14, below. The number of copies shall be determined by the Administrative Officer, based upon the required distribution to the planning commission, and other agencies listed in E.4, below. 1. ___ Proposals, if any, for connection with existing water supply and sanitary sewer systems. If wells and ISDS are proposed, a general description of their location shall be provided. 2. ___ Provisions for collecting and discharging stormwater. 3. ___ Density calculation based on exclusion of land unsuitable for development. 4. ___ Notation and description if the property being developed is located within any of the following areas: ___ Natural heritage areas (RIDEM).

___ FEMA flood plain.

___ Zoning overlay districts.

___ Groundwater recharge areas.

___ Wellhead protection areas.

___ Narrow river special area management plan.

5. ___ Base flood elevation data, from FEMA maps. 6. ___ Location of water table test holes and soil percolation tests in areas proposed for development, with test hole data. Depth to groundwater shall be shown in locations of proposed ISDS, foundations, roadways, and stump dumps as determined by a registered professional engineer or land surveyor. 7. ___ An estimate of the approximate population of the proposed subdivision. 8. ___ An estimate of the number of school-aged children to be housed in the proposed subdivision. 9. ___ Fiscal impact statement. 159 10. ___ Proposed phasing, if any. 11. ___ Open space use plan. 12. ___ Yield plan, if modified from the pre-application stage of review. 13. ___ Architectural schematic drawings (if two-, three- or four-unit dwellings are proposed). 14. ___ Preliminary determination from CRMC. 15. ___ Written statement from the town water department that town water is available to the development with sufficient volume and pressure to meet fire flow requirements, based on water system model if required by the water department. 16. ___ Certificate of the tax collector that all taxes due on the land have been paid prior to conceptual master plan application. 17. ___ Such other information as may be requested by the department of planning and development or the planning commission. E. ___ Supporting materials. 1. ___ Administrative fee. See section article 11, 11.4.4.c (plus required mailing and advertising expenses). 2. ___ Project review fee. See article 11, section 11.4.5. 3. ___ Completed application signed by both the applicant and the property owner. 4. ___ The names and addresses of owners of all properties, agencies or communities requiring notification as required by these regulations. 5. ___ Initial written comments on the master plan from the following agencies: (Provided by the administrative officer) Local agencies

A. ___ Planning department Date: _____

B. ___ Public works Date: _____

C. ___ Building inspector Date: _____

D. ___ Solicitor Date: _____

E. ___ Conservation comm. Date: _____

F. ___ Recreation dept. Date: _____

G. ___ Police dept. Date: _____

H. ___ Fire district Date: _____

I. ___ School dept. Date: _____

160 J. ___ Water dept. Date: _____

K. ___ Land trust Date: _____

L. ___ Narrow River land trust Date: _____

M. Other (specify) _____ Date: _____

Adjacent communities (specify)

A. _____ Date: _____

B. _____ Date: _____

C. _____ Date: _____

D. _____ Date: _____

E. _____ Date: _____

State agencies

A. ___ Environmental Management Date: _____

B. ___ Transportation Date: _____

C. ___ Other (specify) Date: _____

Federal agencies

A. ___ U.S. Army Corps Engineers Date: _____

B. ___ FEMA Date: _____

161 162 F. PRELIMINARY PLAN CHECKLIST—MAJOR LAND DEVELOPMENT PROJECTS AND MAJOR SUBDIVISIONS. Preliminary plat application submission requirements.

The applicant shall submit to the administrative officer at least eight blue or blackline copies of the preliminary site plans required below. In addition, 12 reduced set of all plans on 11″ x 17″ sheets shall be submitted. Plans shall include a certification that all plans and improvements conform to all existing and amended standards of the State of Rhode Island and Providence Plantations, Board of Registration for Professional Engineers and Board of Registration of Land Surveyors. Plans shall also be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF. Drafting standards.

All sheets must contain the following basic information (if applicable): 1. ___ Plan title block with proposed name of the development; name(s) and address(es) of applicant(s); owner(s), and designer(s) of the plan; date prepared; revision box to identify all changes from previous submissions; plat and lot number(s) of the land being subdivided or developed. 2. ___ Name, address and telephone number of engineer or land surveyor. 3. ___ Graphic scale and true north arrow. 4. ___ Inset locus map at 1″ = 2,000′. 5. ___ Zoning district(s) of the land being subdivided or developed. If more than one district, zoning boundary lines must be shown. 6. ___ Perimeter boundary lines of the subdivision or phase, drawn so as to distinguish them from other property lines. 7. ___ Area of the parcel(s) being developed and proposed number of buildable lots, dwellings or other proposed improvements. 8. ___ Approximate area and dimensions of all lots proposed for development. 9. ___ Location and dimensions of existing property lines, easements and rights-of-way within or immediately adjacent to the parcel being subdivided. 10. ___ Location, width and names of existing streets within and immediately adjacent to the parcel being subdivided. 11. ___ Names of abutting property owners and property owners immediately across any adjacent streets; with plat and lot numbers also indicated. 12. ___ Certification by a Professional Land Surveyor that a perimeter survey of the land being subdivided has been performed and conforms to the survey requirements to a minimum of a class I survey. Preliminary plat application checklist. 163 A proposed conditions map(s) to show the following: 1. ___ Proposed improvements including streets, lots, lot lines, with approximate lot areas and dimensions shown. Proposed lot lines shall be drawn so as to distinguish them from existing lot lines. 2. ___ Location of permanent stone boundary markers, including markers sufficient to delineate the location of open space areas. 3. ___ Location and dimension of all proposed utilities within and immediately adjacent to the subdivision, including gas, electric, phone, cable TV, fire alarm, hydrants, utility poles, stormwater drainage facilities or other proposed above or underground utilities. 4. ___ Preliminary utility plans and profiles for water and sewer systems on a separate plan. 5. ___ Land unsuitable for development and land with development limitations. See article 14, section 14.1.1. 6. ___ Grading plan to show existing and proposed contours at no greater than two-foot intervals showing limits of disturbance, location of proposed houses and/or nonresidential buildings and other structures, on-site sewage disposal systems, streets, entrances and exits, bicycle facilities, sidewalks and pedestrian walkways, public transportation, parking areas and driveways. 7. ___ Cross sections of all areas of cuts and fills showing existing and proposed surface elevations and verified wet season maximum ground water elevation. 8. ___ Calculations of volume in cubic yards of net requirement of soil materials (loam, sand, gravel) to be removed from the site or brought to the site as borrow material. 9. ___ Maintenance plan and program for drainage detention/retention systems and swales, with proposed erosion and sediment controls. 10. ___ Landscaping plan with specifications for landscaping of drainage detention/retention basins, restoration and revegetation for erosion and sediment controls, and restoration of existing disturbed open space. 11. ___ Soil erosion and sediment control plan. 12. ___ Proposed street plan and profiles drawn at a scale no smaller than 1″= 50′ horizontal and 1″ = 5′ vertical. 13. ___ Street cross-sections, with location of utilities indicated. 14. ___ Construction notes and details. 15. ___ Proposed street names. 16. ___ Proposed sidewalks or bike paths. 17. ___ Boundaries of land proposed for dedication to the town. 18. ___ Street lighting plan (if required). 19. ___ Proposed street trees, with planting plan and specifications for proposed species, size and planting details. 20. ___ Proposed drainage plan showing surface and subsurface drainage facilities, lengths, slope, types and sizes of storm sewers and mathematical computations prepared by a registered professional engineer certifying that the proposed drainage system is adequate to service the drainage area in which the subdivision is located. See article 14. 21. ___ Location, dimension and area of any land proposed to be set aside as open space. 22. ___ Location of proposed stump dumps with depth to groundwater. 23. ___ Location of temporary access roads and other temporary construction activities. 164 24. ___ Open space use and management plan. See article 13, section 13.12.a. 25. ___ Yield plan, if modified from the master plan stage of review Supporting materials.

1. ___ Administrative fee. See article 11, section 11.4.4.c. 2. ___ Written confirmation from the state department of environmental management pursuant to the RIDEM Rules and Regulations Governing the Enforcement of the Freshwater Wetlands Act, and any subsequent amendments thereto, that plans of the proposed subdivision, including any required off-site construction, have been reviewed and indicating that the Wetlands Act either does not apply to the proposed site alteration or that approval has been granted for the proposed site alteration. 3. ___ Written statement from the town water department that town water is available to the development with sufficient volume and pressure to meet fire flow requirements, based on water system model if required by water department. 4. ___ A physical alteration permit (PAP) issued by the state department of transportation for any connection to or construction work within a state highway or other right-of- way (if necessary. 5. ___ Preliminary subdivision suitability determination by the department of environmental management for the use of individual sewage disposal systems (if proposed). 6. ___ Final approval from the coastal resources management council (if applicable). 7. ___ Approval from the US Army Corps of Engineers (if applicable). 8. ___ All other state and federal agency approvals (as applicable). 9. ___ The names and addresses of owners of all properties, agencies or communities requiring notification as required by these regulations. 10. ___ Copies of return receipts for certified mail notices (No. 9, above). 11. ___ Two draft copies of all legal documents describing the property, proposed easements and rights-of-way, dedications, restrictions, or other required legal documents. Specify: ______

12. ___ Proposed arrangements for completion of the required public improvements, including construction schedule and financial guarantees. See article 7.0. 13. ___ Statement identifying any waivers from development standards, zoning variances or special use permits required or requested. 14. ___ Final written comments on the preliminary plan by the following: (Provided by the administrative officer)

A. ___ Planning department Date: _____

B. ___ Public works Date: _____

C. ___ Building inspector Date: _____

D. ___ Solicitor Date: _____

165 E. ___ Conservation comm. Date: _____

F. ___ Other (specify) Date: _____

15. ___ Completed application signed by the applicant and the property owner. 16. ___ Letters of approval from utility companies (as applicable). 17. ___ Letters of approval from the town council or appropriate state or federal agency for the construction of any off-site improvements (if required). 18. ___ Density calculation based on land suitable for development. 19. ___ Aerial photograph at a scale not less than 1″ = 400′ showing the areas within a radius of one-half mile of the proposed project site. 20. ___ Certificate of the tax collector that all taxes due on the land have been paid prior to conceptual master plan application. 21. ___ Such other information as may be requested by the department of planning and development or the planning commission.

166 G. FINAL PLAN CHECKLIST—MAJOR LAND DEVELOPMENT PROJECTS AND MAJOR SUBDIVISIONS. The applicant shall submit to the administrative officer copies of final site plans and supporting materials as indicated below: A. Plat plans to be recorded. One Mylar and four blue or black line prints at a sheet size of 24″ × 36″. One Mylar and one blue or black line copy of the record plan will be recorded by the applicant with the town clerk following final approval and signature. Record plan scale not to be smaller than 1″ = 100′. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.). Plans shall also be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF. The following information shall be shown on the plans: 1. ___ Plan title block with proposed name of the development; name(s) and address(es) of applicant(s); owner(s), and engineer or land surveyor who prepared the plan; date prepared; with revision box to identify all changes from previous submissions; plat and lot number(s) of the land being subdivided or developed. 2. ___ Notation that the subdivision is located in the town. 3. ___Graphic scale and true north arrow. 4. ___ Inset locus map at 1″=2,000′. 5. ___ Zoning district(s) of the parcel(s) being developed. If more than one district, zoning boundary lines must be shown. 6. ___ Perimeter boundary lines of the subdivision or land development project, drawn so as to distinguish them from other property lines. 7. ___ Location and dimensions of existing property lines, easements and rights-of-way within or immediately adjacent to the parcel being subdivided. 8. ___ Location, width and names of proposed and existing streets within and immediately adjacent to the parcel being developed. 9. ___ Names of abutting property owners and property owners immediately across any adjacent streets, with plat and lot numbers indicated. 10. ___ Location of proposed permanent stone boundary markers. 11. ___ Location of all interior lot lines and street lines with accurate dimensions and bearings (or angles) indicated, including data for all horizontal curves. 12. ___ Location and number of all proposed lots, with accurate areas indicated. 13. ___ Proposed house numbers as provided by the town engineer. 14. ___ Developers lot numbers. 15. ___ Location and notation of type of easement(s) or existing easement(s) to remain (if any) with accurate dimensions and areas indicated. 16. ___ Location and notation of type of proposed open space areas. 17. ___ Notation of any special conditions of approval imposed by the planning commission. 18. ___ Notation of any permits and agreements w/state and federal reviewing agencies. 19. ___ Phasing schedule (if any). 20. ___ Certification by a state professional land surveyor that all interior and perimeter lot lines and street lines of the land being subdivided have been designed to conform to a minimum of a class I survey, including the location of all proposed permanent monuments. 21. ___ Stamped and signed approval (endorsement) from the planning commission or administrative officer. See article 6.0. 167 B. Construction drawings. Four blue or black line copies of construction plans drawn to a scale not smaller than 1″ = 50′ with street plan and profile not smaller than horizontal 1″ = 50′ and vertical 1″ = 5′. The scale may be modified with the permission of the administrative officer. Each sheet shall be no larger than 24 inches by 36 inches, and a sufficient number of sheets shall be included to clearly show all of the information required. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.). 1. ___ Final construction plans as listed in the preliminary plat checklist, including plans of any additional improvements as required by the planning commission as a condition of approval, to include the following (if required or applicable). All plans shall bear the stamp of the state registered professional engineer who prepared them. ___ Proposed street plan and profiles. ___ Proposed utility plans and profiles for water and sewer systems. ___ Street cross-sections. ___ Final detailed drainage plans and computations. ___ Final detailed grading plans and computations. ___ Soil erosion and sediment control plan. 2. ___ Proposed landscaping plan bearing the stamp of a landscape architect registered in the state (if required by the planning commission). 3. ___ For phased projects, as-built drawings for the previous phase (if applicable). 4. ___ Proposed street trees. 5. ___ At least one bench mark indicating that datum is mean sea level (MSL). 6. ___ Certification by a registered professional engineer that the plan is correct. C. Supporting materials. 1. ___ Administrative fee. See article 11, section 11.4.4.c. 2. ___ Certificate of the tax collector showing that all taxes due on the parcel being subdivided have been paid for a period of five years prior to filing of the final plat and that there are no outstanding municipal liens on the parcel. 3. ___ One original signed copy of all legal documents describing the property, creating a homeowners' association, proposed easements and rights-of-way, dedications, restrictions or other required legal documents. One copy of the approved legal documents will be recorded by the applicant with the town clerk following final plan approval and signature. Specify: ______

4. ___ One original signed copy of an irrevocable offer to convey to the town all public streets and/or other public improvements, accompanied by a metes and bounds description of said areas. 5. ___ Deed transferring land proposed for dedication to the town or other qualified group or agency for open space purposes. 6. ___ Letter of approval of all legal documents from the town solicitor. 7. ___ Open space use and management plan. See article 13, section 13.12.a.

168 8. ___ 911 emergency numbers. Proof of notification to the fire marshal with proposed new road names, if any, and all new house numbers assigned to each building lot or dwelling. To be shown on plans with a square box. 9. ___ Completed application form signed by the applicant and the property owner. 10. ___ Such other information as may be required by the planning commission as a condition of preliminary approval. D. Payment of required fees. Payment of the following fees or posting of financial guarantees, if required, to be prior to endorsement by the planning commission and recording of final plans: 1. ___ Administrative fee. See article 11, section 11.4.4.c. 2. ___ Final plat recording fee - Amount _____ 3. ___ Financial guarantees in a form approved by the finance director. Initial amount _____

Date set by planning commission _____

Date of expiration of surety _____

4. ___ Inspection fee - Amount _____ 5. ___ Maintenance bond for acceptance of public improvements (if applicable). Amount _____

Date of Council Acceptance _____

Description ______

Date of Expiration of Maintenance Bond _____

169 H. CHECKLIST FOR POJAC POINT ROAD. The applicant shall submit the following materials to the administrative officer for Pojac Point Road plan review. Plans shall include a certification that all plans and improvements conform to all existing and amended standards of the State of Rhode Island and Providence Plantations, Boards of Registration for Professional Engineers, Landscape Architects, and Land Surveyors. 1. ___ Certification that the legal owner of the proposed road is requesting the approval. 2. ___ One Mylar and three blue or black line copies of all plans for the proposed road at a scale no smaller than 1″ = 100′ on sheets not to exceed 24″ × 36″. For recordation with the town clerk, one Mylar and one print will be utilized. 3. ___ Stamp of the registered professional engineer and/or land surveyor and who prepared the plans. 4. ___ Road construction specifications, finished grades, elevations, drainage improvements, and materials to be used. 5. ___ Plans for control of erosion and sedimentation. 6. ___ Documents showing the legal ownership of that part of the proposed road. 7. ___ Documents conveying or to convey to the present and future owners of each lot for which the frontage required by section 21-37(b) of the zoning ordinance could be measured along said road a right to pass over said road and roads connected thereto from said lot to a public road as a primary means of access to and egress from said lot to such public road. 8. ___ Drainage plan showing surface and subsurface drainage facilities, lengths, slope, types and sizes of storm sewers and mathematical computations prepared by a registered professional engineer establishing that the proposed drainage system is adequate to service the drainage area in which the subdivision is located. The drainage system shall be designed in accordance with articles 14.0 and 15.0 of the subdivisions and land development regulations, and the latest revision of the U.S. Department of Agriculture Soil Conservation Service, Technical Release 55 (TR-55). 9. ___ Materials for recordation with the town clerk shall include assessor's lot numbers, house numbers as provided by the town engineer, developer's lot number and stamped approval from the planning commission or administrative officer. 10. ___ A preliminary determination report from CRMC and RIDEM wetlands permit, where applicable.

170 I. CHECKLIST FOR PLANNED UNIT DEVELOPMENT. For each stage of approval, the applicant shall submit 11 copies of all materials on sheets not to exceed 30″ × 40″ at a scale to be determined by the planning department unless otherwise specified. Required materials for staff conference and pre-application review.

For the purposes of the staff conference and pre-application review, the applicant is encouraged to use existing data such as that available from USGS, and RIGIS. 1. ___ Proposed name of the development; names and addresses of applicant, owners, and designers of the plan; and north arrow. 2. ___ Site boundary; plat and lot numbers, zoning districts as available from the town assessor records. 3. ___ Existing land use of site and surrounding area within one-half mile of the perimeter of the site. 4. ___ Existing roadway networks designating limited access highways, arterials, collectors and local roads. 5. ___ Soil classifications and drainage patterns. 6. ___ Topography at ten-foot contours, slopes, vistas, kettle holes, and bedrock outcrops. 7. ___ Drainage swales, wetlands, streams, ponds, groundwater recharge areas, groundwater reservoirs, and wellhead areas. 8. ___ Calculation of approximate area with development limitations as described in article 14, section 14.1.1.4.c. and based upon the submittal of the above items. 9. ___ Certification from the tax collector that all taxes due on the land have been paid prior to the filing of the application. 10. ___ The applicant shall provide a concept plan and report showing the following information regarding the development: a. Delineation of residential and nonresidential use areas. The approximate number of residential units and nonresidential units. b. Delineation of open space. Plans shall show both open space areas retained for passive recreation and wildlife habitat and those anticipated for active recreation. c. A list of the proposed uses. d. Demonstration that there are 100 acres of land suitable for development. e. Information on existing water and sewer system, capacity if any, and how it compares to the project's estimated requirements. 11. ___ Fees as set forth in article 11, section 11.4 of these regulations. Required materials for zoning map amendment.

The application shall be filed with the town clerk and shall be signed by the property owner(s) and/or applicant(s) and shall include: 1. ___ Fees as set forth in section 9-4 of the North Kingstown Revised Ordinances, licenses, permits and miscellaneous regulations. 2. ___ Notwithstanding any other requirements stated elsewhere in the zoning ordinance, the names and mailing addresses of all persons owning property within 500 feet of the proposed development according to the most recent list of the tax assessor. The list shall include the plat map and lot designations as listed on the tax records.

171 3. ___ The applicant shall provide a concept plan and report showing the following information regarding the development: a. Delineation of residential and nonresidential use areas. The approximate number of residential units and nonresidential units. b. Delineation of open space, including open space areas retained for passive recreation and wildlife habitat and those anticipated for active recreation use. c. A list of the proposed uses. d. Demonstration that there are 100 acres of suitable land for development. e. Information on existing water and sewer capacity if any and how it compares to the project's estimated requirements. Required materials for master plan approval.

All applications for master plan approval to establish a planned unit development district shall be accompanied by the following: 1. ___ Fees as adopted by the town council. 2. ___ Maps and plans at a scale of 1″ = 200′, which shall include: a. A description and map of the soils on the site based upon the soil conservation service soils map. b. Flood hazard areas, including base flood elevations. c. Topographic contours at a minimum of ten-foot intervals showing existing grades. d. Existing vegetation, landforms and water bodies. e. Proposed circulation patterns, including roadway plans for primary and secondary traffic, pedestrian and bicycle pathways showing proposed and existing rights-of-way and easements. f. Utility plans. g. Delineation and timeframe for development phases and acreage of each phase. h. Delineation of residential and nonresidential use areas. i. Delineation of required and proposed bonus open space. j. Each sheet shall show: north arrow, engineering scale, title of development, date of plan, name and address of owner/developer, and name of persons/firms preparing the plan. 3. ___ Land use and land use plan. Half-mile land use and zoning map at a scale of 1″ = 400′. 4. ___ Land use analysis including: a. Calculation of acreage for residential and nonresidential density and information demonstrating how the calculations were derived. b. Number and types of residential units. c. Number, types, and floor areas of nonresidential structures. d. Acreage of open space and the percentage of open space to total acreage. e. Density provided and proposed density bonuses. f. Summary table of residential uses, nonresidential uses, and open space planned for each development phase and for the entire development. 5. ___ Certification from the tax collector that all taxes due on the land have been paid prior to the filing of the application. 172 6. ___ Environmental and community inventory and impact analysis. a. Generally. The application for a planned unit development shall be accompanied by an environmental and community inventory and impact analysis. The analysis shall clearly and methodically assess the relationship of the proposed development to the natural and built environment of the town. This report shall be prepared by an interdisciplinary team of professionals qualified, experienced, and, where applicable, licensed, in their fields. Such team may typically consist of civil engineers, traffic engineers, architects, landscape architects, land-use planners, hydrogeologists, hydrologists, biologists and other environmental professionals. The applicant shall bear the cost of this analysis. The applicant is encouraged to utilize existing available town, state, and federal reports to assist in this analysis such as the comprehensive plan, Town of North Kingstown Water Supply Systems: System Hydraulic Model, Capital Improvement Program. b. Use of ECIIA. The environmental and community inventory and impact analysis report will serve as a guide to the planning commission in its deliberations and its decision-making process. c. Mitigation program. For the components of the environmental and community inventory and impact analysis, each of the following concerns must be separately addressed and contain a proposed mitigation program: (1) The environmental and community impacts of the proposed development, environmental and community impacts, both beneficial and adverse, anticipated as a result of the proposed development shall be assessed. This section shall include impacts resulting from the construction phase as well as those resulting after the project's completion. The report shall describe the kinds and magnitudes of adverse impacts which cannot be reduced in severity or which can be reduced in severity, but not eliminated. (2) Measures to be used to mitigate adverse environmental and community impacts. Corrective and protective measures which will be taken, as part of the project, to minimize adverse impacts shall be described in detail. (3) Phasing program. If the project is to proceed in phases, the report should be organized to present the various impacts for each phase. See section 21-487(p). d. Natural environment. (1) Stormwater impact. The impact of stormwater runoff on adjacent and downstream surface water bodies and subsurface groundwater shall be evaluated. Dangers of flooding as a result of increased downstream runoff, especially peak runoff, shall be determined. The impact of the proposed project on water table levels shall also be analyzed. (2) Soils. Compatibility of the proposed development with existing soils; the impact of any soils or other materials to be removed from the site; and the potential dangers and impacts of erosion and sedimentation caused by the proposed development shall be assessed. (3) Plants and wildlife. The impact that the proposed project may have on wildlife habitat and on any rare or endangered plant or animal species known to exist in the area shall be determined. (4) Water supply. The average and peak daily demand and the impact of such demands upon the municipal water system shall be determined. In determining the demand and impacts, the applicant shall use the Town of North Kingstown Water Supply System: System Hydraulic Model. The applicant shall bear the cost of the use of the model. (5) Sewage disposal. The average and peak daily disposal and the impact of such disposal on groundwater shall be assessed. 173 e. Public services. (1) Schools. The following shall be determined: expected impact on the school system both elementary and secondary levels; the number of students; number of students anticipated; age distribution of anticipated students and the standards used in deriving the number of students; and projections of future school building needs resulting from the proposed project. All impacts shall be based upon standards set forth by the comprehensive plan, services and facilities element. (2) Police. The expected impact on police services, time and manpower needed to protect the proposed development and service improvements and costs necessitated by the proposed development. (3) Fire. Expected fire protection needs; on-site firefighting capabilities; on-site alarm or other warning devices; fire-flow water needs, source and delivery system and other needs shall be presented. Fire department service improvements and costs necessitated as a result of the proposed project shall also be discussed based upon consultation with the fire department. (4) Recreation. On-site recreation provisions shall be detailed and off-site recreation demands shall be estimated. Provision for public open space, either dedicated to the town or available to its residents, shall be described. Open space available primarily or exclusively for PUD residents or employees shall also be described. (5) Solid waste disposal. Analysis of the projected volume and type of solid waste to be generated by the proposed development and methods of removal, as well as costs to the town. (6) Traffic. See subsection h. (7) Highway. Protected need, responsibility and costs to the town of roadway maintenance shall be analyzed. Impacts of construction equipment on area roadways shall also be discussed. f. Aesthetics. (1) Architecture. The general architectural design scheme shall be described, in particular, with reference to how massing, scale and design type(s) of buildings will be compatible with traditional New England building styles in the town. Sketch drawings of typical building elevations will be included. (2) Landscaping. Provisions for landscaping shall be described including type, location and function of all plantings and materials. (3) Canopy trees shall be deciduous shade trees planted at three inches in caliper with a mature height of at least 35 feet. Understory trees shall be deciduous shade, evergreen or fruit trees planted at two inches in caliper with a mature height of at least 12 feet. (4) Screening may also consist of any existing growth of trees or shrubs. It is preferable that existing growth be left instead of replacement with other growth. Existing growth may be augmented as set forth above. (5) The planning commission may, in order to protect an important view along a road, decrease the buffer requirements. (6) Visual. Views into the site and from the site shall be described. Included shall be long-distance views as well as views to and from adjacent properties. (7) Minimum setbacks. The planning commission shall determine the minimum setback requirements and/or building envelopes for each phase in order to ensure continuity of building location and to be in keeping with the design considerations of each phase. g. Planning. 174 (1) Analyze the compatibility of the proposed development and its alternatives with the goals and objectives of the most recent town comprehensive plan. (2) Market analysis justifying proposed uses. A description of proposed business uses and their local and regional service areas. h. Traffic impacts. (1) Roadway network. Describe the traffic circulation network, which at a minimum shall consist of all roadways and intersections that are located within one mile of the closest boundary of the site and are projected to receive at least five percent of the anticipated average daily or peak-hour traffic generated by the proposed development. The description shall document all existing and proposed roadway links, intersections, traffic signals and other control devices, and public transportation services and facilities. Describe the proposed site access to the planned unit development. (2) Existing traffic volumes. Describe current traffic volumes for all roadways, streets and intersections that are part of the traffic circulation network as defined above. • Roadways links. (a) Existing weekday volumes shall be based on automatic recorder traffic counts for three 24-hour weekday periods. (b) Indicate average annual weekday and a.m./p.m. peak-hour volumes for all links. • Intersections. (a) Peak-hour turning movements shall be based on manual counts taken over two-hour periods (e.g., 7:00 a.m. - 9:00 a.m., 4:00 p.m. - 6:00 p.m.) broken into 15-minute segments. (b) Data shall be presented for weekday morning and afternoon peak hours. • General. (a) Make peak seasonal adjustments when applicable. (b) Volume data that are factored to base year levels should be no more than two years old. (c) Identify and provide citations for any adjustment factors or growth rates used in the analysis. (d) Saturday peak-hour conditions shall be included (in addition to weekday a.m. and p.m. peak hours) for projects with significant retail components. (e) Present existing condition on a traffic flow map covering the study area. (3) Capacity and level of service analysis: Analyze existing capacities and levels of service for the study area roadway network and present the results in tabular form. Include delay, volume-to-capacity (v/c) ratios, and queue lengths. Methodologies shall be in accordance with the Highway Capacity Manual, 1985 edition (Special Report 209 of the Transportation Research Board). (4) Trip generation: Present an analysis of traffic projections for the proposed development, indicating total average weekday and peak-hour trips allocated to proposed phases and uses. • ITE rates: Whether or not it is accompanied by an analysis using other trip generation rates, an analysis should be presented that uses unadjusted trip generation rates for the appropriate land use code(s), as listed in Trip Generation, fourth edition (Institute of Transportation Engineers, 1987). Rates 175 should be developed from "fitted curve" equations and used according to the methods outlined. • Alternative rates: An analysis using other rates may be presented for comparative purposes, if appropriate. In such case, capacity analyses of baseline and future conditions should be provided for both the ITE rate and any alternative trip generation analysis. (5) Trip distribution: Document all vehicle trips to or from the site through all access points. (6) Future conditions: Analyze projected traffic impacts from the planned unit development together with projected impacts of other developments approved for development and affecting the same elements of the traffic circulation network. • Traffic volumes: Generate trip tables for the planned unit development, and add to the existing volumes to generate build out volumes. • Capacity analysis: Compute future conditions capacity and LOS for no-build and build, the latter both with and without mitigation measures in place. The performance indicators tabulated for existing conditions should be tabulated in a corresponding manner for future conditions. • Summary: Provide a tabular summary comparing the base case to the future no- build and build scenarios. (7) Mitigative measures: Describe recommended traffic circulation network improvements and traffic control devices. Present capacity analyses as outlined above for existing conditions for all mitigative measures. The effects of all mitigative measures should be quantified, and the analytical basis documented. The town encourages the use of commuter and mass transit alternatives to mitigate traffic impacts. (8) Evaluation of traffic impacts: Unless the applicant demonstrates that other standards are appropriate given the nature of the proposed project or applicable road systems, the planning commission shall evaluate the traffic impacts from the planned unit development on the basis of "level of service" (LOS). LOS is a qualitative measure of traffic flow and congestion, which relates traffic volumes to a theoretical roadway or intersection capacity. i. Cost/benefit analysis. The planning commission shall require a cost/benefit analysis. This municipal cost/benefit analysis should follow standard and usual procedures for measuring both the benefits to be derived and costs to be incurred by the town as a result of the proposed development. This element should also estimate net benefits or costs of nonquantifiable environmental impacts. j. Phasing. A determination of the phasing of the project will be established as part of the master plan approval. Required materials for subdivision/site plan approval—Preliminary and final.

The following materials shall be required for submission of the PUD for subdivision/site plan approval and are in addition to the materials required under article 16.0, checklists, of the subdivision and development regulations sections B and C. The PUD must conform with all requirements, standards, and specifications as required in articles 14.0 and 15.0 of the town subdivision and land development regulations. Fees as set forth in article 11, section 11.4. of the subdivision and land development regulations shall be submitted with each application. Preliminary subdivision/site plan submittal requirements: For preliminary subdivision/site plan, the submission requirements are set forth in checklist I of the subdivision and development regulations. In 176 addition, for nonresidential uses the submission requirements set forth in article 14, section 14.2 of the subdivision and development regulations constitute additional requirements. Final subdivision/site plan submittal requirements: For final subdivision/site plan, the required submission as set forth in checklist G of the subdivision and land development regulations must be met and where nonresidential uses are proposed, the submission requirements as set forth in article 14, section 14.2 of the subdivision and land development regulations must be submitted. In addition, the following additional materials will be required of all final subdivision/site plan submittals: 1. ___ Erosion and sedimentation control plans. A plan for erosion and sedimentation control covering all proposed excavation, filling and grade work for improvements shall be required. Said plan shall be prepared and certified by a registered engineer, a landscape architect or a Soil and Water Conservation Society certified erosion and sedimentation control specialist. Such plans shall show proper measures to control erosion and reduce sedimentation. Contents of the plan shall include: a. Location of areas in roadways, open space and within 100 feet of any wetlands, to be stripped of vegetation and any other exposed or unprotected areas. b. Seeding, sodding, or revegetation plans and specifications for all unprotected or unvegetated areas. See 3. Landscaping Plan, below. c. Location and design of structural sediment control measures, such as diversions, waterways, grade stabilization structures, debris basins, etc. d. General information relating to the implementation and maintenance of the sediment control measures. 2. ___ Lighting. The type, design, location, function and intensity of all exterior lighting facilities shall be described. Attention will be given to safety, privacy, security, and daytime and nighttime appearance shall be detailed. All utility lines shall be underground. 3. ___ Landscaping plan. A plan for landscaping and plantings shall be required. Said plan shall be prepared and certified by a qualified landscape designer. Such landscaping plan shall consist of: a. Locations, species (common and scientific names) and size (at planting and at maturity) of all trees and shrubs to be planted. b. Methods to be used to plant such trees and shrubs and for supporting such materials. c. Specifications and imposition of grass seed to be used in unpaved right-of-way areas. d. Location of all sidewalks. e. Maintenance plan for landscaping for areas which are to be dedicated to the town. 4. ___ Delineation of residential, nonresidential and mixed use areas.

177 J. DEVELOPMENT PLAN REVIEW CHECKLIST. TOWN OF NORTH KINGSTOWN Development Plan Review Checklist The applicant shall submit eight (8) copies of a plan drawn to scale, not smaller than 1"=100', by a registered architect, landscape architect, engineer or land surveyor, as applicable and the Town may require multiple drawings, including maps, plans, elevations, sections, and narrative documents along with a development plan review application available in the planning department. Plans shall include as much of the following information as the planning department deems necessary to evaluate the proposed project. The project will not be scheduled for review unless the planning department is satisfied as to the content of the submission based upon the following checklist.

1. ___ Name of proposed project, name and address of property owner, applicant, and designer(s), date prepared, revision box to identify all changes from previous submissions, plat(s) and lot(s) for the proposed development. 2. ___ Site boundary, north arrow, lot(s) area, soil area calculations, street names, zoning district(s), zoning district boundaries, building envelopes, plat and lot numbers of abutting lots, and the scale of drawings, including graphic scale. 3. ___ Existing and proposed dwellings, non-residential buildings, or other improvements, 4. ___ Itemized requested zoning variances or special use permits required. 5. ___ Location and dimensions of existing property lines, easements and rights-of-way within or adjacent to the development. 6. ___ Two-foot contours on the site and best available contours within a one hundred (100) foot perimeter of the site. 7. ___ Drainage plan prepared by a registered engineer showing all drainage facilities, establishing that the proposed drainage system is adequate to service the drainage area in which the development is located. The drainage system shall be designed in accordance with Article 14.0 of the Subdivision and Land Development Regulations. 8. ___ Preliminary plans and profiles for water and sewage systems on a separate plan. 9. ___ Plan and profiles and cross-sections of all proposed streets and utilities. 10. ___ Construction notes and details. 11. ___ Limits of existing tree cover and physical features of special interest (e.g. existing historic buildings, large trees, stone walls, historic cemeteries). 12. ___ Location and surveyed boundaries of any coastal or freshwater wetlands, water bodies, coastal features, or flood zones. 13. ___ Existence of any overlay district, as defined in the zoning ordinance that the proposed development falls within. 14. ___ Traffic impact analysis prepared by a registered professional engineer demonstrating existing conditions and future conditions with the proposed development if it may generate 100 or more additional peak hour trips, based on the Institute of Traffic Engineers (ITE) Trip Generation Handbook, or if the department of planning and development reasonably believes that cause exists to request an analysis. 15. ___ Nitrate loading analysis, water supply analysis (domestic and fire) and/or municipal service impact analysis. 16. ___ Fire Department review of proposed street names and hydrant locations. 17. ___ Maintenance plan and program for drainage systems and swales, and erosion and sedimentation controls. 178 18. ___ Landscape plan prepared by a registered landscape architect, which complies with the Zoning Ordinance, with planting plan and specifications for street trees, landscaping of drainage structures, restoration and revegetation for erosion and sedimentation controls, and restoration of existing disturbed open space. 19. ___ Location of temporary access roads and other temporary construction activities. 20. ___ Cross-sections, at one acre intervals, of all areas of cuts and fills showing existing and proposed surface elevations and verified wet season maximum groundwater elevation. 21. ___ Calculations of volume of material (cy) of soil (loam, sand, gravel) to be removed from the site or brought to the site. 22. ___ Completed application signed by the applicant and property owner. 23. ___ Application fee. 24. ___ Final approval from the Rhode Island Department of Environmental Management, Division of Freshwater Wetlands. 25. ___ RIDEM ISDS approval or System Suitability Determination. 26. ___ Zoning Board of Review approval. 27. ___ All other state and federal agency approvals, as applicable. 28. ___ A map showing the proposed development to the areas within a radius of one-half (½) mile using a United States Geological Survey (USGS) quadrangle map or a GIS map. Said location map shall identify the location of all brooks, streams, ponds, lakes, wetland areas, public drinking water reservoirs, groundwater reservoirs, groundwater recharge areas, and public wells, wellhead protection areas, and other public facilities, within 1,000-feet of the proposed development. 29. ___ Aerial photograph at a scale not less than 1″ = 400′ showing the same area covered by the one-half (½) mile radius map. The aerial shall be of the most recent flight available. 30. ___ Soil classification map showing location of soil types on the development site, classifications and descriptions, soils limitation districts, and area calculations of soils. 31. ___ Such other information as may be required by the Department of Planning and Development or the Planning Commission.

(Amd. of 7-15-2008)

179 K. CHECKLIST - TDR SENDING AREA LAND DEVELOPMENT PROJECT PRE-APPLICATION REVIEW. The applicant shall submit to the Administrative Officer at least eight blue or blackline copies of pre- application maps required below. In addition, 12 reduced set of all plans on 11″ × 17″ sheets shall be submitted. The scale of all plans shall be sufficient to clearly show all of the information required and shall be subject to the approval of the administrative officer. The plans must bear the stamp of the professional land surveyor and professional engineer who prepared them. Plans shall also be submitted on CD in AutoCAD dwg, GIS shapefile or dxf file format and as a PDF. The purpose of this requested information is to determine the basic maximum number of single family house lots or other allowable uses on the parcel(s), not to regulate the uses or activities on the parcel(s). A. Existing Features and Information 1. ___ Name and address of property owner, applicant, and designer(s), date prepared, revision box to identify all changes from previous submissions, plat and lot numbers. 2. ___ A location map showing the physical relationship of the site to the areas within a radius of one-half (½) mile using a United States Geological Survey (USGS) quadrangle map. In addition to information readily available on a USGS quadrangle map, the applicant shall identify the full extent of the Sending Area Overlay District as it covers the site, public drinking water reservoirs, aquifers, groundwater recharge areas, public wells, wellhead protection areas, and other public facilities, within 1,000-feet of the site. 3. ___ Aerial photograph at a scale not less than 1" = 400' showing the same area covered by the one-half (½) mile radius map. The aerial shall be of the most recent flight available. 4. ___ Site boundary, north arrow, lot(s) area, list of zoning districts including any overlay districts and all associated district boundary lines, plat and lot numbers of abutting lots, and the scale of drawings, including graphic scale. 5. ___ Location of existing buildings or structures. 6. ___ Location and dimensions of existing property lines within or adjacent to the development, easements and rights-of-way. 7. ___ Location and names of existing streets adjacent to or within the site. 8. ___ Existing topography from available information on the site and within a 100-foot perimeter of the site. 9. ___ Identification of any slopes that may exceed 25%. 10. ___ Limit of and identification of areas currently set aside for agricultural activities. 11. ___ Limits of existing tree cover and physical features of special interest (e.g. existing historic buildings, large trees, stone walls, historic cemeteries, scenic vistas, meadows). 12. ___ Location of any open space directly adjacent to the property. 13. ___ Location and extent of any wetlands identified by digital data available from the Town of North Kingstown. 14. ___ Location of any state identified habitat for rare and endangered species. 15. ___ Soils map available from Rhode Island Geographic Information Systems and the NRCS showing location of soils on the site, soil classifications and descriptions, and soils limitation districts. 16. ___ Conceptual delineation and calculation of the amount of buildable area on the site. B. Conceptual Development Layout 1. ___ Right-of-way showing width and all other appropriate dimensions (curve radii, etc.). 2. ___ Location of lots and buildings. 180 3. ___ Proposed number of development rights and calculations. 4. ___ Parking areas and/or driveways as applicable. 5. ___ Areas reserved for landscaping. 6. ___ Undisturbed areas. 7. ___ Areas reserved for stormwater and wastewater management. 8. ___ Delineation of conceptual drainage areas. C. Supporting Materials 1. ___ Administrative filing fee. (Section 11.4.4.c) 2. ___ Completed application form signed by the applicant and the property owner. 3. ___ Certificate of tax collector showing that all taxes due on the land have been paid prior to filing the pre-application. 4. ___ Any additional information requested by Planning Department or the Planning Commission. 5. ___ If available and as applicable, official documentation of the property score as issued by the Agricultural Lands Preservation Commission (ALPC). 6. ___ If available and as applicable, a completed checklist for scoring proposed conservation lands for the purposes of participating in TDR.

(Amd. of 2-17-2009)

181 L. CHECKLIST - TDR SENDING AREA LAND DEVELOPMENT PROJECT MASTER PLAN REVIEW. The applicant shall submit to the administrative officer at least eight blue or blackline copies of pre- application maps required below. In addition, 12 reduced set of all plans on 11″ × 17″ sheets shall be submitted. The scale of all plans shall be sufficient to clearly show all of the information required and shall be subject to the approval of the administrative officer. The plans must bear the stamp of the professional land surveyor and professional engineer who prepared them. Plans shall also be submitted on CD in AutoCAD .dwg, GIS shapefile or .dxf file format and as a PDF. The purpose of this requested information is to determine the basic maximum number of single family house lots or other allowable uses or activities on the parcel(s), not to regulate the uses on the parcel(s). A. Existing features and information. 1. ___ Name and address of property owner, applicant, and designer(s), date prepared, revision box to identify all changes from previous submissions, plat and lot numbers. 2. ___ Aerial photograph at a scale not less than 1″ = 400′ showing the same area covered by the one-half-mile radius map. The aerial shall be of the most recent flight available. 3. ___ Site boundary as determined by a Class 4 Survey, north arrow, lot(s) area, list of zoning districts including any overlay districts and all associated district boundary lines, plat and lot numbers of abutting lots, and the scale of drawings, including graphic scale. All electronic files associated with the Class 4 survey shall be submitted to the Town in CAD compatible format. 4. ___ Location of existing buildings or structures. 5. ___ Location and dimensions of existing property lines within or adjacent to the development, easements and rights-of-way. 6. ___ Location and names of existing streets adjacent to or within the site. 7. ___ Existing topography from available information on the site and within a 100-foot perimeter of the site. 8. ___ Identification of any slopes that may exceed 25%. 9. ___ Limit of areas currently set aside for agricultural activities. 10. ___ Limits of existing tree cover and physical features of special interest (e.g. existing historic buildings, large trees, stone walls, historic cemeteries, scenic vistas, meadows). These items may be waived for agricultural parcels. 11. ___ Location of any open space directly adjacent to the property. 12. ___ Location and extent of any wetlands identified by digital data available from the Town of North Kingstown. 13. ___ Location of any state identified habitat for rare and endangered species. 14. ___ Soils map available from Rhode Island Geographic Information Systems and the NRCS showing location of soils on the site, soil classifications and descriptions, soils limitation districts, and area calculations of soils. 15. ___ Where agricultural lands are involved, a weighted average Relative Agricultural Value (RAV) for all on-site soils. 16. ___ Conceptual delineation and calculation of the amount of buildable area on the site. B. Conceptual development. 1. ___ Right-of-way showing width and all other appropriate dimensions (curve radii, etc.). 2. ___ Location of lots and buildings. 3. ___ Proposed development rights. 182 4. ___ Parking areas and/or driveways as applicable. 5. ___ Areas reserved for landscaping. 6. ___ Undisturbed areas. 7. ___ Areas reserved for stormwater and wastewater management. 8. ___ Delineation of conceptual drainage areas. 9. ___ Where applicable, a separate plan showing the building envelope where any retained development rights will be built in the future and the calculated area of that building envelope. C. Supporting materials. 1. ___ Administrative filing fee. (Section 11.4.4.c) 2. ___ Completed application form signed by the applicant and the property owner. 3. ___ Certificate of tax collector showing that all taxes due on the land have been paid prior to filing the pre-application. 4. ___ Proposed language that will be used as part of the conservation, preservation or agricultural restrictions on the site including a description of any easements granted to the Town of North Kingstown. 5. ___ Any additional information as may be requested by the Planning Department or the Planning Commission. 6. ___ As applicable, official documentation of the property score as issued by the Agricultural Lands Preservation Commission (ALPC). 7. ___ As applicable, a completed Conservation Land Score Checklist for the purposes of participating in TDR.

(Amd. of 2-17-2009)

183 M. CONSERVATION LAND SCORE CHECKLIST. The applicant shall submit this completed form with a master plan application for a TDR sending area land development permit. The applicant shall use the criteria and associated scoring range located in section 16.6.4 of these regulations. The applicant shall be responsible for developing all maps required to substantiate the proposed scores in the above checklist as may be requested by the planning commission.

Proposed Criteria Explanation Score

1. Size of Parcel

Location relative to the most recently amended Groundwater Protection 2. Areas Map in the Comprehensive Plan

3. Closest proximity to other protected lands

4. Supports or is capable of supporting rare or endangered species

Location relative to the most recently amended Historic and Scenic 5. Resources Map in the Comprehensive Plan

Location relative to the Rhode Island Urban Service Boundary as 6. referenced in the Comprehensive Plan

Location relative to the most recently amended Water Service Area in the 7. Comprehensive Plan

Proposed Total Score

This scorecard is submitted to the Town of North Kingstown with written signature from the property owner or his/her duly assigned representative certifying that the information provided herein is accurate to the best of his/her knowledge and may be used as part of the permit review process associated with a TDR Sending Area Land Development Project.

Signed: _____ Date: _____

(Amd. of 2-17-2009)

184 Discussions for Checklists and Lighting:

185 Planning Commission Agenda Item Report

Submitted by: Beth Gagnon Glasberg Submitting Department: Planning and Development Meeting Date: August 20, 2019

Agenda Action: June 4, 2019

Motion:

ATTACHMENTS  pc_minutes_060419 done draft.docx

186 Town of North Kingstown, Rhode Island 80 Boston Neck Road North Kingstown, RI 02852-5762 Phone: (401) 294-3331 Fax: (401) 885-7373 Web: www.northkingstown.org

NORTH KINGSTOWN PLANNING COMMISSION

June 4, 2019

The North Kingstown Planning Commission convened at Municipal Offices Court Room, 100 Fairway Dr., North Kingstown, RI

The following members were present:

Tracey McCue James Grundy Robert Jackson Patricia Nickles Patrick Roach Paul Dion

Also, in attendance were Director of Planning and Development Nicole LaFontaine, Supervising Planner Maura Harrington Town Solicitor Matt Callaghan.

Mr. Grundy said good evening and called the Tuesday June 4, 2019 Planning Commission meeting to order.

Surety Reduction: Reynolds Farm Phase 3A (Reynolds Farm Apartments, AR Builders) Master Plan Approval Extension Request: The Commons at Frenchtown Road Further Discussion/Decision - Master Plan Public Informational Meeting: Application of WDIC LLC c/o Robert DeBlois for WDIC Plat, a 78-lot major subdivision located at Assessor's Plat 109 Lot 2, off Seawynds Drive and Taylor Place, in the Post Road (PR) zone and a Groundwater Two (GW2) overlay zone (continued from 4-2-19 and 5-7-19)

Mr. Grundy stated that the developer(s) of the Reynolds Farm (Phase 3 – Apartments) are looking to reduce their surety. 187 1 There was one issue; due to a computation error the amount of the sewer construction was left off the total original bond. After discussion it was agreed that 10% would be added to the original surety amount. After adding the 10% the Engineer’s original surety remainder changes from $154,178.03 to $171,766.38.

Mr. Grundy asked for a motion.

Mr. Roach moved that the Commission make a positive recommendation to the Town Council of the reduction to 10%, plus the half the cost of the final cleaning of the drainage system; the final amount being $171,766.38.

Ms. McCue seconded. All voted aye. The motion carried 6-0.

Master Plan Extension: The Commons at Frenchtown

Mr. Jack Revens came forward representing the applicant. He told the Commission he would like a one-year extension to an approved 2013 Master Plan.

Under the state tolling statute, approval expirations dates were suspended. In 2017, the clock on expiration dates started ticking again. This project fell under that statute; final plans have not been submitted and now it the time this applicant must ask for an extension. As Ms. LaFontaine has said before, this is a situation where the Commission really has no choice but to approve the extension.

Mr. Revens was aware of Town Ordinance which states that approvals are good for two years, then 1-year extensions can be obtained.

Mr. Grundy told Mr. Revens that this Commission is reluctant to approve anything more than two 1-year extensions.

Paul motioned to grant the 1-year Master Plan approval extension.

Mr. Jackson seconded. All voted aye. The extension was approved 6-0.

The applicant for the WDIC, LLC application was not present at this time; Mr. Grundy announced a change in the order of agenda items.

Further Discussion/Decision: Preliminary Plan Public Hearing for Application of General Homes, LLC for a 27-lot major subdivision located 250 Sachem Road, AP 148 Lot 261 zoned Post Road (PR) (continued from 10/16/18, 11/20/18, 12/18/18, 2/5/19, 2/19/19, 4/2/19 and 4/16/19 PC meetings).

Mr. Jeff Caffrey is representing the applicant tonight in Mr. Resnick’s stead. He said the project engineer Chris Duhammel and project archeologist Jay Waller are also present for any questions.

188 2 Mr. Waller came forward. He told the Commission that the Ground Penetrating Radar and Electrometry tests were done in late April, early May

He said 10 targets were examined – nothing was found to be native American.

Mr. Grundy said the report was very thorough. He thanked Mr. Waller.

Mr. Dion agreed.

Ms. Nickles said that it looks like this was done in a professional manner. She asked if the final report could be sent to the Narragansett tribe.

Ms. LaFontaine said that the attorney for the tribe had contacted her, requesting a copy of the report. It was sent to them.

Commission members had comments on the separate plans from Sept. 21, 2018 and the plan showing the walkway to Post Rd., dated April 1, 2019. They wanted to see an entire new set of plans which would encompass both.

Members also discussed sidewalks within the development. They asked if sidewalks on both sides of the street had been positively reviewed by the Commission.

The applicant’s engineer Mr. Duhammel of DiPrete Engineering said that sidewalks along one side of the street had been positively considered.

Ms. LaFontaine read the Ordinance as it relates to Post Road zoning design; as well as subdivision regulations. There was discussion about how this plan met those requirements.

Mr. Grundy questioned the positioning of the garages. The Post Road Guidelines state that garages must be set back from uses. There are some lots which appear to have garages in front.

Mr. Grundy asked Mr. Callaghan if perhaps there have been some changes, should the meeting be opened to public comment.

Mr. Callaghan said that would be fine.

Mr. Grundy called for a motion to re-open the meeting to public comment.

Mr. Dion moved. Ms. McCue seconded. All voted aye.

Mr. Joseph Chabot came forward. He stated that Post Road zoning calls for access to and from Post Rd. Access at first was through the thin strip (now planned as a walkway); then it was learned that the applicant also owned the mobile home park next to the walkway – why was this not considered as possible access – it would be directly off of Post Rd. instead of entering and existing through a neighborhood.

189 3 Mr. Doug Harris of the Narragansett and their attorney Mr. John Killoy came forward.

Mr. Killoy thanked the commission and the applicant on the amount of attention they have given on the issue of possible tribal burials.

Mr. Harris made it known that the tribe was notified of the test. He was present at the meeting tonight to request the raw data obtained from the testing. Assessment cannot be done in the field – assessment comes from data examinations. He would like an expert in GPR that the tribe uses to assess the data. Mr. Harris said he believes the Commission is the correct body to ask permission for that data. Mr. Grundy said that this request may be out of the Commission’s control; the Commission cannot recommend or name firms to hire. The applicant was asked for testing from a professional expert in the field; he provided that. Mr. Grundy does not think the Commission can ask more than that. He is hard-pressed to question this company that was chosen.

Discussion was held on the firm that was hired to do the testing; they have much experience and solid credentials.

Mr. Killoy said there is no one present to question about the report.

Mr. Valletta was asked how this company was chosen. He gave a synopsis of the process he used in choosing them. He said all they did was done in a highly professional manner. He also gave a short explanation of how they went about their work.

Mr. Roach noted that due diligence was done on this project and action was taken on all that was asked of the applicant.

Mr. Grundy said the main contention is the melding of plans. The Commission should adopt one set of plans. He asked if Ms. LaFontaine is comfortable with the draft approval based on submission of one complete set of plans for her review.

Ms. LaFontaine talked about suggested conditions:

- At the time of final plan approval, the applicant shall record the homeowners’ association documents, as reviewed and accepted by the Town Solicitor. - The affordable housing units shall be set at 80 percent of the area median income with a 99-year deed restriction. - The project shall comply with all guidelines contained within the Rhode Island Historic Cemetery laws. - She said there had been a request for the location of the septic systems made in February; the Commission may want to change that. - Prior to final plan review street names and 911 numbers from the Fire Department. - The method of postal service should be indicated on the plan. - As part of the final application, a maintenance agreement for the private roads, sidewalks and the onsite wastewater treatment systems. 190 4 - That the residences comply with the Post Road design standards. - That detailed plot plans be submitted for each building permit. - That all encroaching structures – mobile homes and sheds, along with the existing septic system are all removed. - That a crosswalk be installed in a manner acceptable to the Town Department of Public Works but maintained by the Homeowner’s Association. - Acceptance of the Ground Penetrating Radar Report along with the credentials of the operators of the company that performed the test.

There was discussion on the timing of the encroachment removals. Mr. Callaghan said it would be best to condition it at the time of construction plan submission or prior to the issuance of a building permit.

Ms. LaFontaine said the Commission should touch upon the findings in making the decision; and, whether final review should be administrative or heard before the Commission.

Mr. Grundy read the findings:

- The subdivision is consistent with the requirements of the North Kingstown Comprehensive Plan and/or shall satisfactorily address the issues where there may be inconsistencies. o the applicant had remained consistent with the North Kingstown Comprehensive Plan throughout the review process. - Each lot in the subdivision conforms to the standards and provisions of the North Kingstown Zoning Ordinance. o the applicant is seeking no variances or relief. - There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval. o Both the Town, the RI Department of Environmental Management and other State agencies are reviewing and approving the project. - The subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impractical. o the applicant has demonstrated this to be true. - Proposed subdivision lots have adequate and permanent physical access to a public street. o This has also been demonstrated. - The subdivision provides for safe circulation of pedestrian and vehicular traffic; for adequate surface water runoff; for suitable building sites; and for the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community. o This finding is based on the Ground Penetrating Radar test and report.

Mr. Grundy said the approval is conditioned on the listed conditions read by Ms. LaFontaine.

Ms. Nickles asked to discuss the phasing of the affordable units. 191 5 Ms. Harrington said the ordinance states the affordable units in any specific approved phase of a development shall be built and occupiable in relation to the construction and occupancy of any market rate units. The percentage of all the proposed market rate units which have been granted a certificate of occupancy shall at no time exceed percentage of all the proposed inclusionary units….

Ms. LaFontaine said the affordable units have been noted on the applicant’s plan. Mr. Grundy said it looks like the units are well integrated. He said the 9th, 18th and 23rd units built should be affordable.

Commission members agreed with this.

Mr. Grundy called for a motion to continue the application to June 18th, same time and location. Mr. Jackson made that motion.

Ms. McCue seconded. All voted aye. The motion carried 6-0.

Further Discussion/Decision - Master Plan Public Informational Meeting: Application of WDIC LLC c/o Robert DeBlois for WDIC Plat, a 78-lot major subdivision located at Assessor's Plat 109 Lot 2, off Seawynds Drive and Taylor Place, in the Post Road (PR) zone and a Groundwater Two (GW2) overlay zone (continued from 4-2-19 and 5-7-19)

Mr. John Kenyon is present.

Mr. Kenyon said that they would like to continue the Master Plan to August 6, 2019 with a date of August 20, 2019 to review a decision draft.

Mr. Grundy asked for extension to September 24, 2019 to cover any scheduling problems that might come up (especially with the July 4th holiday).

Mr. Kenyon agreed to the timeline extension.

Mr. Grundy called for a motion to continue the hearing to August 6, 2019.

Ms. McCue moved. Mr. Jackson seconded. All voted aye. The hearing was continued 6-0.

Further Discussion/Decision: Preliminary Application for a Minor Subdivision: Application of Anthony Santilli, Jr. of 67 Grove Avenue to subdivide Assessors Plat 151 Lot 111 into two lots. The property being subdivided is 69 Grove Avenue, zoned Rural Residential (RR) and located within the Groundwater One (GW1) Overlay.

Ms. Harrington said as directed by the Commission she has drafted a decision for the Santilli subdivision plan that was before the Commission on May 21st.

192 6 Mr. Grundy said that the decision looks straight-forward; he did want to add a condition about the drain grate noted by the Town Engineer: a grate that can be driven over (H-20 rated).

Ms. Harrington noted that as condition #6.

Mr. Grundy entertained a motion to approve the decision draft as written with the inclusion of the mentioned condition #6.

Mr. Roach said he was not at the previous meeting, but he did watch the stream.

Mr. Jackson moved as amended.

Ms. Nickles seconded. All voted aye. The decision was approved.

Ms. Harrington said she would make the change and send it along to the Chair.

Pre-application: Application of Matthew & Kara Richardson of 1 Hemsley Place Exeter, RI 02822 for a two-lot minor subdivision entitled ‘Tilted Barn Brewery’ located at Assessor’s Plat 102 Lot 010, zoned Village Residential (VR) and within a Groundwater Two (GW2) overlay zone

Ms. Harrington presented this Pre-Application to the Commission. She said the applicant is looking to subdivide one lot into two lots. This property straddles the western side of South County Trail and is zoned Village Residential (VR); it is also within the Groundwater Two Overlay which requires a minimum of two acres. This proposal is unique because the property is located in North Kingstown and Exeter. Mr. and Mrs. Richardson run a brewery (Tilted Barn); the total land area of their property is 30 acres; the North Kingstown portion consists of 4.5 acres. The North Kingstown side consists of the lot frontage and access to the property. The brewery and the Richardson’s residence are in Exeter. The Richardson’s have been going through Development Plan Review in Exeter to build a new brewery building. Their main purpose is separate the business from the residential piece. At present, the access driveway will still service the business and home; however, the goal is to install another curb cut for two different access points.

The proposed plan will meet dimensional requirements: one (NK) lot will be 2.17 acres and 153’ of frontage; the other will have 2.23 acres and 264’ of frontage.

There will be no development on either proposed lot.

She finished up reminding the Commission this is Pre-Application which is a chance for the Commission to see the initial plan and offer feedback to the applicant.

Mr. Richardson came forward. He said Ms. Harrington had done a thorough summary of the proposal, he was available if any Commission members had questions.

193 7 Ms. Nickles commented that this a great idea and plan, it is the straddling the Town line that makes this problematic. As of now the lot is buildable, there will have to be some instrument put in place stating that no building development can happen on the lot. She added to Mr. Richardson’s benefit, at this point the property is being taxed as buildable, if that were limited it may mean a decrease in taxes. The Commission is going to have to weigh in on whether the lot should be considered buildable – if so, the need for septic system approval may be needed. She said that Mr. Richardson should have his lawyer look at this for direction on which way to go.

Mr. Callaghan said that once the lot is subdivided, it will have to be removed from the Farm, Forest, Open Space tax designation as well. Mr. Richardson should talk with his attorney about this because there can be penalties when it comes to subdividing FFOS properties.

Ms. Nickles added that Mr. Richardson should draw up an access and runoff easement(s) for the newly created lots.

Mr. Grundy said that the lot will more than likely end up as overflow parking – should the Town establish some sort of mechanism to recognize this.

Mr. Richardson said that their plan is to leave most of the lot(s) wooded. He also said that he is hoping to have all Exeter approvals by July.

With no further discussion or questions, Ms. Harrington told Mr. Richardson the next step is a site visit to the property.

Mr. Richardson said he would be happy to stay to help with any questions on the next agenda item.

Review and Recommendation: Amendments to the North Kingstown Zoning Ordinance, Section 21-22 Definitions, Article III Land Use Table, Section 21-325 Development Standards for Certain Uses related to brewery and winery operations as accessory uses to agricultural operations

Ms. Harrington reminded the Commission that they discussed farm breweries and wineries at the May 7th Planning Commission meeting. At that meeting, she told the Commission that several people have contacted Planning staff about the possibility of crafting an ordinance to allow farm breweries/wineries. Farm breweries are a growing trend emerging because it allows for the preservation of farmland and continuation of farm related activities, plus it provides supplemental income. At the May 7th meeting, Commission members looked over Ordinances from other communities in RI and discussed different options for creation of an ordinance for North Kingstown. Commission members agreed about crafting a draft ordinance. Ms. Harrington said that she had written up the draft based on Commission discussion and included it in packets. Draft amendments were: (Section 21—22) Definitions have been included for Accessory Use, Farm Brewery, Farm Winery, Distilling and Tasting Room; inclusion of the categories of Farm 194 8 Breweries, Farm Wineries, & Distilleries under the Agricultural Land Use Category (Article III: Land Use Table); the zones where a Special Use Permit could be requested for a Farm Brewery and/or Farm Winery would be Rural Residential (RR), Neighborhood Residential (NR), Very Low Density Residential (VLDR) and Low Density Residential (LDR); a land use category for a Distillery has been added on the “Agricultural” Lane Use Category to zones to RR, NR, VLDR and LDR, as well as to Planned Business (PB) and Wickford Village Center (WVC), obtained through a Special Use Permit, Distilleries are drafted to be allowed by right in General Business (GB), Post Road (PR), Light Industrial (LI) and General Industrial (GI); Development Standards; Ms. Harrington said that Commission members had mentioned looking into licensing through the Town Clerk as another avenue could be used; she spoke with the Town Clerk-she said that licensing done through her office is done on the State level. Ms. Harrington concluded asking Commission members to review her draft language and provide a recommendation to Town Council.

There was discussion about distilleries. Mr. Dion had brought the notion up at the last meeting, but he meant a farm distillery to be weighed even with the brewery and winery.

Ms. Harrington said that she included it in Industrial and Business zones, because she was thinking on commercial or retail possibility.

Mr. Dion then said if we are going to allow distilleries in Industrial and Business zones, why not include breweries and wineries in those zones as well.

Mr. Grundy said that he thinks there are State “farm” requirements that state the bulk product must be grown on site. He did however agree with Mr. Dion. He is reluctant on allowing these by right; the requirement for a Special Use Permit should be used in industrial and business zones.

Mr. Dion thinks there should be “Farm” breweries/wineries/distillery; and, a separate ordinance for commercial/industrial use.

Ms. Harrington noted that right now you can manufacture beer/wine/spirits in commercial and industrial – you just can’t sell it. This is something the Commission might want to look at. She also said making and selling are allowed in the Post Road zone.

Ms. Harrington has drafted the need for a Special Use Permit as agreed by Commission members at the last meeting; this would allow the use of development standards.

There was much discussion on the definition of “bonafide” and “subordinate”. Mr. Callaghan said that could all be taken care of by eliminating those words; it could be handled as part of the definition of a “special use”.

Mr. Dion said that the required acreage amount and the requirement that crops must be grown by the farmer set parameters.

Some other minor language changes made. 195 9 Ms. Sybil Pierce asked to speak. She spoke about the State standards, parameters and limits that the home farmer must meet.

Noting the hour, Ms. LaFontaine said she and Ms. Harrington would take all that was said and re-work a draft. They would also investigate the separate draft as it might pertain to commercial and industrial areas.

Adjournment

Mr. Grundy entertained a motion to adjourn.

Mr. Jackson moved. Ms. McCue seconded. All voted aye. The meeting was adjourned at 10:25 PM.

196 10 Planning Commission Agenda Item Report

Submitted by: Beth Gagnon Glasberg Submitting Department: Planning and Development Meeting Date: August 20, 2019

Agenda Action: August 6, 2019

Motion:

ATTACHMENTS  pc_minutes_080619 done draft.docx

197 Town of North Kingstown, Rhode Island 80 Boston Neck Road North Kingstown, RI 02852-5762 Phone: (401) 294-3331 Fax: (401) 885-7373 Web: www.northkingstown.org

NORTH KINGSTOWN PLANNING COMMISSION

August 6, 2019

The North Kingstown Planning Commission convened at Municipal Offices Court Room, 100 Fairway Dr., North Kingstown, RI

The following members were present:

Tracey McCue Paul Dion Robert Jackson James Grundy Patricia Nickles Patrick Roach

Also, in attendance were Director of Planning Nicole LaFontaine, Supervising Planner Maura Harrington and Town Solicitor Matt Callaghan.

Mr. Grundy opened the meeting welcoming all to the August 6, 2019 Planning Commission meeting.

Ms. LaFontaine told the Commission that the applicant, WDIC, LLC would like to continue their Master Plan to September 17 – they would like to provide additional testimony. The applicant has granted an extension to the required decision date to October 2, 2019.

198 1 Mr. Robert DeBlois, the developer is present. He told the Commission that he is requesting the continuance because he and his team would like to address some of the conditions put into the Master Plan decision draft – for example the wildlife and beech tree conditions. He said remediating these issues is proving to be a complicated process.

Mr. Grundy told Mr. DeBlois it sounds like you are planning to provide more testimony. Was the public hearing closed and can it be re-opened?

Mr. Callaghan said that it can be re-opened but only if the hearing is re-advertised, the abutters are sent new notice and the notification regulations have timeframes which must be met. At this point, there is just enough time to do this before the September 17 meeting. New materials, plans need to be submitted.

Mr. Grundy told Mr. DeBlois that if this is the case, the September meeting will not work.

Mr. Roach added that the application was at the decision draft stage, the Commission seems to be asked and allowing hearings to close and open lately. He said this drags applications and hearings on and on. The motion was made with conditions; changes should have been made prior to a vote.

Mr. Grundy said that there are 49 days until September 17; as the applicant is requesting this continuance, an extension of 49 days after the 17th should be granted to the Town.

Mr. DeBlois agreed to an extension.

After discussion on dates, it was agreed to continue to the September 17th meeting to re-open the public hearing; mailing and advertising time would require the hearing be continued for testimony to November 5, 2019 with a decision discussion and approval for November 19.

Mr. Grundy called for a motion.

Mr. Dion moved that the Commission delay this decision until the meeting of September 17, 2019 which will allow for presentation of new information which requires the re-opening the public hearing. The applicant will have to advertise in the newspaper as well as notify abutters of the re-opening of the public hearing on September 17th. The final decision date be extended to November 5, 2019.

Ms. McCue seconded. All voted aye. The motion carried 6-0.

PreApplication: Application of Henry Sharpe III, for Pojac Woodland Lake a proposed 3- lot minor subdivision located at Assessor's Plat 170 Lot 2 also known as 30 Pojac Point zoned Pojac Point (PP)

Ms. Harrington told the Commission that the applicant has asked to continue this agenda item to September 3rd. The property owner is out of town and would like to be present for the pre- application. 199 2 Mr. Grundy asked what the total buildable square footage is, it is very hard to read on the plan.

Ms. Harrington agreed, she would work for clearer plans

Mr. Grundy said it was also difficult to discern which road proposed Lot #3 would front on.

Ms. Harrington said that would front on Pojac Point Rd.

She then said there no action needed as this is not a public hearing. She asked that the Commission hang onto the application materials for this item.

Pre-Application for Development Plan Review: by 3760 Quaker Lane, LLC, of 3760 Quaker Lane, North Kingstown, RI 02852 for site redevelopment to include the demolition of a building formerly used as an automobile dealership and the construction of a multi- story office building totaling 24,421 sq. ft. located at 3760 Quaker Lane, Assessor's Plat 130 Lot 065, zoned General Business (GB) and Rural Residential (RR) and located within a Groundwater Overlay One (GW1) zone.

Ms. Harrington said as per Town Ordinance, this application is before the Planning Commission because it is in the Groundwater One (GW1) Overlay. The uses on the front portion of the lot within the building are for an office and for education/training use. Both uses are allowed within a General Business (GB) zone and the Groundwater One overlay zone. The rear portion of the of the lot is zoned Rural Residential (RR) and it appears that some parking will be located within the residential zoned portion of the lot.

Ms. Harrington said that staff comments include: Water Department: request for all information regarding the OWTS for the facility, when/if RI DEM approval is granted, along with the service and maintenance plan (recorded). Mr. Cranston of the Water Department also requires that copies of each maintenance service report be supplied to his department. A testable reduced pressure zone backflow device is required. No cross-connections between the potable water supply and any green water re-use technologies be utilized. Mr. Cranston also suggests the use of tolerant turf grasses.

The Town Engineer suggests that a curb cut reduction.

The Pre-application has been advised as the applicant wants feedback for a formal Development Plan Review (which will be submitted when state approvals have been granted). Recommendation to the Zoning Board will also be needed (3 dimensional variances: parking within a setback; and, roof/roof-mounted solar height(s). Ms. Harrington reminded the Commission, pre-application purpose is for feedback only, no formal action is needed.

Mr. Kevin Morin, application engineer came forward. He said that the project architect Mr. Andrew Barkley and property owner Mr. Mark DePasquale are available to answer questions. 200 3 He told the Commission that the development plan is to construct a new three-story office building with a gross floor area of 24,421 sq. ft. for use as his firm’s headquarters. To construct the proposed new building, demolition of an existing 11,000 sq. ft. building is planned. The current lot is 7.41 acres; and as Ms. Harrington mentioned is split zone. The lot fronts on Quaker Lane, there are three existing curb cuts that will remain (no PAP is needed per RI DOT). The profile of the lot slowly slopes to the rear of the property. There are wetlands (which have been delineated) located on the property. There are outstanding RI DEM violations dating back to 1983 – preparations for restoration have begun (wetland restoration); documentation of the resolution will be supplied to the Planning Department when complete. The property falls within the Flood A and X areas. The area to be developed is located entirely in the X zone. A soil survey has been done. An application of OWTS has been submitted to RI DEM for an Advantax septic system – which has not yet been approved. A water main extension has been approved by the Town Council. Gas is available to the property. Mr. Morin said that a Stormwater Operation and Maintenance plan have been submitted, reviewed and accepted by the Town Engineer. Mr. Morin said there may be a waiver request for street trees; there is concern about trees hindering sight distance along Quaker Lane.

Mr. Dion stated his concern about development of the rear (Rural Residential) portion of the property in the future.

Ms. Harrington said that in order to do that, the lot would have to be re-configured and subdivided (residential use is not allowed on General Business lots and business or commercial use is not allowed on Rural Residential lots); Rural Residential and Groundwater dimensional requirements are minimum two-acres; there is no frontage at the rear of the property. Any development would be near impossible.

Mr. Grundy said that no further development could be a condition of approval.

Mr. Dion felt comfortable with that.

Mr. Dion also asked if the parking might be re-configured to alleviate the encroachment on the setback and the residential lot.

Mr. Morin answered that the parking was planned that way for aesthetics. The driveway and parking locations could be switched – this would not require Zoning Board relief – but it just doesn’t look or flow as properly. The design was made with better traffic circulation in mind.

Mr. Dion said he could see that.

The street tree waiver was discussed; the applicant is willing to work with the Commission and Town to accommodate the trees elsewhere, or perhaps bring the trees in deeper on the property.

Ms. Nickles asked if the mess and junk would be cleared. 201 4 Mr. DePasquale said they had already removed a lot of the junk there when he bought the property. He said he will continue with the clearing.

Ms. Nickles said that there is no way anything can be stored outside in either the GB or RR zone.

This brought up some discussion; Mr. DePasquale said that his equipment is stored at another facility but insinuated that he may need some storage.

It was clearly stated that no outdoor storage could happen on this property.

One other notable discussion was about an existing 4000-gallon diesel fuel tank on the property.

Mr. DePasquale said the tank was there to fuel his trucks and construction equipment; the trucks and equipment do not stay on the lot; they just stop in to fuel up each day.

Mr. Dion pointed out that this is not allowed within a Groundwater Overlay lot. Mr. Grundy agreed. He told Mr. DePasquale he should make plans to remove the tank.

Mr. Barkley, the proposed building architect came forward. He gave an overview of the design of the building as well as the “green” aspects Mr. DePasquale wanted.

Mr. Grundy, Mr. Dion and Mr. Roach had issue with the height of the building and the need for Zoning relief. They thought the relief could be alleviated with slight design changes.

Mr. Barkley said there actually have been some amendments to what the Planning Commission had in their materials. He added that the needed relief for height has not changed – maybe just the amount of relief.

Mr. Grundy questioned how the Commission is supposed to offer feedback on a plan when they don’t have the correct plan in front of them.

There was back and forth on different possibilities on heights, reconfigurations, roof pitches and placements, with no real joint agreement.

Mr. Grundy told the applicant and his team they had heard the Commission’s concerns and would see them back at Development Plan Review. He added that the presented plan at that time should be the final plan, which has taken Commission comments into consideration with some resolutions made to outstanding issues.

Discussion: Amendments to Section 21-278 of the North Kingstown Zoning Ordinance related to Lighting Requirements

Ms. LaFontaine told the Commission that the existing Town Lighting Ordinance has created problems in the past for the Commission when reviewing developments; amending the Ordinance has been on the Commission and staff’s back burner for a while. She has done some 202 5 research on lighting regulations in other communities and has presented them to the Commission for comment and consideration. She has also included a questionnaire she found online that she thought might help with the discussion.

Discussion revolved on some spots in Town where the lighting is obnoxious; whether to address residential as well as commercial lighting; prescriptive and performance controls; light trespass; lighting curfews; pole heights; and whether “grandfathering” should be a consideration.

Mr. Dion talked about the overpowering lighting in Town and his conviction on “dark-sky” compliance. He was exceptionally favorable to lowering pole heights and setting dimming curfews. His opinion also includes limits on residential lighting.

Ms. LaFontaine said that limiting residential lighting may be thorny.

Mr. Dion also noted the Town itself could set an example, lighting at some Town properties is overly bright.

Ms. LaFontaine said she would look into this, but she knows that lighting at some Town properties is done for insurance purposes. The Commission needs to think about both commercial and residential security purposes also.

Ms. LaFontaine asked members if they had a chance to look over the ordinances of other communities to see what they like; what they don’t.

Most members had not looked at all the included ordinances, it was decided members would take a closer look at these for discussion later.

Adjournment

With not further business, Mr. Grundy called for a motion to adjourn.

Mr. Dion moved. Ms. McCue seconded. All voted aye. The meeting was adjourned at 10:20PM.

203 6