Article 10. General Bylaw Amendment/Outdoor Lighting. To see if the Town will vote to amend the Provincetown General Bylaws, as follows: Add a new Chapter 16, Outdoor Lighting Bylaw, as follows: 16. OUTDOOR LIGHTING BYLAW 16-1 Purpose and applicability. A. There is a need for lighting controls that recognize the benefits of outdoor lighting for night-time safety, utility, security, productivity, enjoyment and commerce, while providing clear guidelines for the design and installation so as to: (1) Conserve energy and resources and reduce the financial costs of outdoor lighting; (2) Reduce light pollution and skyglow and improve the nighttime enjoyment of property and the environment; (3) Protect property values by minimizing adverse offsite impacts of lighting such as light trespass, glare and obtrusive light; (4) Preserve the community character of a traditional New England village; (5) Help protect the natural environment and wildlife from the adverse effects of night lighting. Lighting standards in this chapter shall be applicable to all outdoor lighting within B. the Town of Provincetown, except as exempted in Section 16-6, and no outdoor lighting shall be installed or expanded in a manner that violates the standards of this bylaw. 16-2 Definitions. As used in this section, the following terms shall have the meanings indicated: BULB - The component of a light source that produces the actual light. FIXTURE -The assembly that houses a Bulb(s), including but not limited to 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 SPOTLIGHT - Any outdoor Fixture or Bulb that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. FULL CUTOFF FIXTURES – A Fixture that is designed or shielded in such a manner that all light rays emitted by the Fixture, either directly from the Bulbs or indirectly from the Fixture, are projected below a horizontal plane running through the lowest point on the Fixture where light is emitted. GLARE - Light emitting from a light source with intensity great enough to reduce a viewers ability to see.  HEIGHT OF LIGHT SOURCE - The height of a light source shall be the vertical distance from the ground directly below the centerline of the light source to the lowest direct-light-emitting part of the light source. LUMEN – A unit of standard measurement of the amount of visible light emitted by a source; this measurement is often used along with wattage to determine the luminous efficiency of a light source: 170 Lumens = 25 Watt, 495 Lumens = 40 Watt, 830 Lumens = 60 Watt, 1100 Lumens = 75 Watt, 1600 Lumens = 100 Watt OUTDOOR LIGHTING - The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. UPLIGHTING - Lighting that is directed in such a manner as to shine light rays above the horizontal plane. 16-3 General regulations and prohibitions. A. Any non-exempt residential and commercial Outdoor Lighting Fixture shall be contained in a Full Cutoff Fixture such that the Bulb is not directly visible from adjacent and neighboring properties or public and private rights-of-way. (1) Residential properties shall not have Outdoor Lighting Fixtures which exceed 1100 lumens per fixture. (2) Commercial property or properties containing mixed uses with a commercial component shall not have Outdoor Lighting Fixtures which exceed 1600 lumens per fixture. B. Fixture and are encouraged to be greater in number, but lower in height and lower in lumens, as opposed to fewer in number, higher in height and higher in light level (lumens). Parking lot lighting shall not exceed the minimum lighting limits recommended by the Illuminating Engineering Society of North America (IESNA) in the most recent ANSI/ASHRAE/IESNA Standards, which at the time of the writing of this bylaw is Standard 90.1-2007. C. Pedestrian area lighting shall not exceed 12 feet in height and shall be contained in Full Cutoff Fixtures. D. Notwithstanding any other provision contained in this chapter, no Outdoor Lighting Fixture shall be used in any manner that interferes with the safe movement of motor vehicles on roadways. Specifically, all roadway lights and area lights along roadways shall be shielded to prevent glare as seen from the road and only placed in areas deemed necessary for safety. Full Cutoff Fixtures are required. Parking area lights in commercial areas shall be contained in a Full Cutoff  16-4 Special lighting regulations. A. Uplighting shall be allowed only when used as follows: (1) To light a primary entrance, as long as all uplight is captured under an architectural element (e.g. roofs over walkways/entries or overhanging, non- translucent eaves). (2) To light the national flag, a maximum of two Outdoor Lighting Fixtures per flagpole shall be used, with a maximum of 1100 lumens per Fixture. The fixtures shall be shielded such that the Bulb is not visible outside a fifteen-foot radius, although the preferred method of lighting the flag is pole-mounted downlighting. B. Highlighting is only permitted when used as follows: (1) Illumination of building facades, landscape features, sculptures and other works of art located on public and non-profit properties, with a maximum of 1,100 lumens per Fixture. The Fixtures shall be shielded such that the Bulb is not visible outside a fifteen-foot radius. (2) Linear architectural highlighting of public, non-profit and commercial buildings, provided that the lighting must be turned off within 30 minutes after the close of public hours. C. Floodlighting is permitted only when it is down-directed in Full Cutoff Fixtures, such that the Bulb is not visible from adjacent and/or neighboring properties. D. When motion sensors are used for controlling nighttime illumination, the duration of illumination shall be no longer than ten minutes after the last detection of motion. Motion sensors shall be permitted only where the sensor is triggered by motion within the owners property line. E. Outdoor recreational lighting may exceed the maximum allowed lumens, provided that it shall be turned off not later than 10:00 p.m., or at the conclusion of a competition begun before 10:00 p.m. No lighting shall remain on after midnight. F. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights within the front yard along a public or private right-of-way shall be prohibited except for temporary holiday displays, lighting for public safety or traffic control or lighting required by the FAA for air traffic control and warning purposes. 16-6 Exemptions. A. The following types of Outdoor Lighting shall be exempt from the provisions, requirements and review standards of this chapter: (1) All residential Outdoor Lighting Fixtures with 495 lumens or less per Fixture, provided that there is no light spillage across property lines. (2) Underwater lighting in swimming pools and other water features. (3) Municipal Street Outdoor Lighting Fixtures however, when a new fixture is needed, each new Fixture shall be a Full Cutoff Fixture.  (4) Winter seasonal outdoor lighting and lighting for holidays for residential and commercial properties is allowed before and during the holiday period. (5) Historic Outdoor Lighting Fixtures which would otherwise be nonconforming, but which are consistent with the character of a historic structure, shall be exempted. Any such Outdoor Lighting Fixtures shall be consistent with the relevant architectural period and design style of the structure and the total lumens shall not exceed 510 lumens per Outdoor Lighting Fixture. (6) All temporary emergency Outdoor Lighting Fixtures needed by the Police Department or Fire Department or other emergency services, including for emergency night repairs of public infrastructure. (7) FAA and other federal Outdoor Lighting Fixtures. (8) Vehicular and bicycle light sources. 16-7 Effective date. A. Unless otherwise specified within this section, within three years of October 27, 2014, all Outdoor Lighting Fixtures that do not conform to requirements of this code must be replaced with conforming Fixtures or existing Fixtures must be retrofitted to comply. Existing Fixtures may not be expanded or increased in a manner that would result in greater nonconformity. Bulbs must conform to lumen guidelines within 6 months. 16-8 Violations and penalties. A. If, after investigation, the Police Department finds that any provision of Chapter 16 is being violated, the Officer may 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 the violation be abated within 30 days of the date of hand delivery or of the receipt of the notice. B. If the violation is not abated within the thirty-day period, the Police Department may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this section and to collect the civil penalties for such violations. Any violation of Chapter 16 shall result in a penalty of $50 for the first offense and $300 for the second and subsequent offenses which may be enforced by means of noncriminal disposition tickets pursuant to Schedule A of the Provincetown General Bylaws. Each day the violation continues to exist shall be considered a separate violation, but each violation shall require notice; or to take any other action relative thereto. [Requested by the Planning Board]
Posted on: Sun, 19 Oct 2014 16:46:46 +0000
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