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Brighton Township Light Pollution Ordinance

TOWNSHIP OF BRIGHTON LIVINGSTON COUNTY, MICHIGAN
ORDINANCE NO. 143

AN ORDINANCE AMENDING THE CODIFIED BRIGHTON TOWNSHIP ZONING ORDINANCE BY ADDING A NEW SECTION 5-11, OUTDOOR LIGHTING, TO PROVIDE FOR THE QUALITY OF OUTDOOR NIGHT LIGHTING TO CONSERVE ENERGY, REDUCE LIGHT POLLUTION, AND IMPROVE SAFETY BY LIGHT DIRECTION AND ADDING TO SECTION 2-2, DEFINITIONS.

The Board of Trustees of the Township of Brighton hereby ordains:

SECTION 1. REPEAL OF EXISTING SECTION 5-1 1. EXISTING SECTION 5- 11 IS HEREBY REPEALED IN ITS ENTIRETY.

SECTION 2. ADOPTION OF NEW DEFINITIONS IN SECTION 2-2.

2.2 Definitions That the following definitions are added to section 2-2.

SECTION 3. ADOPTION OF NEW SECTION 5-11 - OUTDOOR LIGHTING

That the Brighton Township Codified Zoning Ordinance, is hereby amended by the addition of a new section 5.1 1 to read as follows:

Section 5-1 1 OUTDOOR LIGHTING

(a) INTENT AND SCOPE OF APPLICATION

Intent The purpose of this section is to improve the travel conditions for persons and vehicles on public ways by reducing glare, to reduce light trespass, to protect the general health, safety, and welfare of the public in Brighton Township, to decrease the expense of lighting, to decrease light pollution, and to improve the aesthetics of the township In general while providing adequate night-time safety, utility, and security.

(b) PROCEDURE:

Per section 5-16 (b). At the time of site plan approval the applicant must supply a lighting plan in accordance with Planning Commission rules.

(c) STANDARDS:

1. For all areas:

a) All lights shall be shielded in such a way as to direct all light toward the Earth’s surface and away from reflective surfaces.
b) Light fixtures or lamps shall be shielded/shaded in such a manner as to direct incident rays away from all adjacent property.
c) Lights on poles shall not be taller than the building whose area they illuminate nor taller than fifteen (15) feet whichever is shorter.
d) All fixtures must meet the building code requirements for their particular zoning district.
a) Any facilities which may require floodlighting may not arrange the light in such a way that it will shine towards roadways, onto adjacent residential property or residential use property or into the night sky.
f) Any interior lighted signs may not be lit at night when any face of the sign is removed or damaged in such a way that the light may distract drivers or homeowners.
g) Signs shall comply with illumination requirements of section 5-10 (f) (3).
h) Except as stated elsewhere in these regulations, light levels will be limited to those published as recommendations by the Illuminating Engineering Society of North America.

2. For commercial, business, industrial, and natural resource zones and any roadway adjacent to residential zones:

a) Any light fixture must be placed in such a manner that no light emitting surface is visible from any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level.
b) The level of lighting shall not exceed 0.5 footcandles at any residential property line or 1.0 footcandles at any non-residential property line.
c) Any Canopy structure used at a business location must have recessed lights with diffusers which do not extend below the surface of the canopy.
d) Any luminaire on a pole, stand or mounted on a building must have a shield, an adjustable reflector and nonprotruding diffusor.

3. Installation and operation cost: The cost of installing and operating approved roadway lighting on any public road shall be through a financial method approved by the Township Board of Trustees or by the Livingston County Road Commission. The costs of all other lighting systems shall be borne by the developer/property owner.

(d) EXCEPTIONS

1. The Planning Commission may waive any of the provisions stated in section 5-1 1 (c) when after a request for such an exception has been made and reviewed, the Planning Commission determines that such an exception is necessary for the lighting application. Requests for such an exception shall be made to the Planning Commission in such form as the Planning Commission shall prescribe and shall include, but not be limited to, a description of the lighting plan, a description of the efforts that have been made to comply with the provisions of these regulations and the reasons such an exception is necessary. In reviewing a request for such exception, the Planning Commission shall consider safety, design, and other factors deemed appropriate by the Planning Commission and shall consider the following:

a) The new or replacement luminaire is a full-cutoff luminaire when the rated output of the luminaire is greater than 1,800 lumens.
b) If a lighting recommendation or regulation applies, the minimum/maximum illuminance specified by the recommendations or regulation is used.
c) If no lighting recommendation or regulation applies, the minimum illuminance adequate for the intended purpose is used, giving full consideration to safety, energy conservation, glare, and minimizing light trespass.
d) For roadway lighting, a determination is made that the purpose of the lighting installation or replacement can not be achieved by installation of reflectorized roadway markers, lines, warnings or informational signs, or other passive means.
a) Adequate consideration has been given to conserving energy and minimizing glare, light pollution, and light trespass.

2. Exemptions from the provisions of this section are permitted only when:

a) Federal or state laws, rules and regulations take precedence over these provisions.
b) Fire, police, rescue, or repair personnel need light for temporary emergency situations.
c) There are special requirements, such as sports facilities and monument or flag lighting; all such lighting shall be selected and installed to shield the lamp(s) from direct view to the greatest extend possible, and to minimize upward lighting and light trespass.
d) A determination has been made by the Township Zoning Board of Appeals, established through an open, public hearing process, that there is a compelling safety interest that can not be addressed by any other method.

SECTION 2. INCONSISTENCIES REPEALED. Any and all other ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.

SECTION 3. SEVERABILITY. Should any section, clause or paragraph of this Ordinance be declared by court of competent jurisdiction to be invalid, the same will not affect the validity of the ordinance as a whole or part hereof other than the part declared to be invalid.

SECTION 4. SAVING CLAUSE. That nothing in this Ordinance shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.

SECTION 5. PENALTIES Every person convicted of a violation of any provision of this Ordinance shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalties stated herein, the Township Board of Trustees may enjoin or abate any violation of this Ordinance by appropriate action.

SECTION 6. EFFECTIVE DATE. The provisions of this Ordinance are hereby ordered to take effect thirty (30) days following publication in a newspaper of general circulation within the Township. This Ordinance is hereby declared to have been adopted by the Township Board of Trustees of the Township of Brighton in a meeting duly called and held on the 4th day of March, 1997.

TOWNSHIP OF BRIGHTON,
LIVINGSTON COUNTY,
MICHIGAN

Andrew F. Wardach, Supervisor
Carla T. Chapman, Clerk

ADOPTED: March 4, 1997

PUBLISHED: March 12, 1997

EFFECTIVE: April 11, 1997

CERTIFICATION:

I, Carla T. Chapman, Clerk of the Township of Brighton, County of Livingston, Michigan, do hereby certify that the foregoing is a true and complete copy of Brighton Township Ordinance number 143, an amendment to the codified Brighton Township Zoning Ordinance, and was adopted by the Brighton Township Board of Trustees on the 4th day of March 1997, and given publication In the Brighton Argus, a newspaper of general circulation, on the 12th day of March, 1997. The following members of the Brighton Township Board of Trustees voted as follows In connection with this resolution to adopt the above amendatory ordinance.

AYES:

NAYS:

ABSENT:

In witness hereof, I have hereunto affixed my official seal this ___day of________199_.

Carla T. Chapman,
Clerk Township of Brighton

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