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HomeMy WebLinkAboutORD-2003-037 - Outdoor Lighting Standards Zoning Ordinance Amendment6 An Ordinance Amending the Zoning Ordinance �� G Of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Zoning Ordinance is hereby amended as follows: Section 1. ZONING ORDINANCE. Amend Table of Contents, Article VI to add new provisions entitled "Outdoor Lighting Standards" and to identify it as Section 6.31 with corresponding subheadings and nomenclature as specified in this Ordinance amending the Zoning Ordinance of Orange County. Section 2. ZONING ORDINANCE. Amend Article 6 by adding a new requirement to read as follows: 6.31 Outdoor Lighting Standards 6.31.1 Purpose and Intent A. Outdoor lighting is provided for a variety of purposes to the benefit of modern society. For work or recreation, it enables people to see essential detail in order that they may undertake their activities at night. It facilitates the safety or security of persons or property, for example through lighting on roads and pathways. It may be used to emphasize features of architectural or historical significance, and to light parks and gardens. It is used for advertising or display to promote products or services, or to call attention to commercial premises by means of area lighting or signs. B. It is the intent of this ordinance to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures and lighting systems are designed, constructed, and installed to maintain safety, security and productivity, reduce glare, and curtail the degradation of the nighttime visual environment in addition to Promoting conservation of energy. It is the intent of these regulations that lighting unnecessary for safety or security be discouraged. 6.31.2 Definitions AASHTO: American Association of State Highway and Transportation Officials r] Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that no more than two and one half (2 1/2) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Direct Light: Light emitted directly from the lamp, off of the 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 Lamp: A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Floodlight: A form of lighting designated to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. Footcandle: (fc) The amount of light falling onto a surface Full Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see or to cause annoyance, and, in extreme cases, causing momentary blindness. Holiday Decoration: holiday displays, decorations and greetings, which relate to any federally designated holiday, legal holiday or religious holiday. Lamp: The source of electric light: the bulb. To be distinguished from fixture and luminaire. 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: A complete lighting `system that includes a lamp or lamps and a fixture. Semi -Cutoff Fixture: An outdoor fixture shielded or constructed in such a manner that it emits no more than five (5) percent of its light above the horizontal plane of the fixture, and no more than twenty (20) percent of its light ten (10) degrees below the horizontal plane of the fixture. Upward: Projection of light above the horizontal plane. 6.31.3 Applicability A. All outdoor lighting installed on public or private property shall comply with the outdoor lighting standards as contained in Section 6.31, unless exempted in Section 6.31.4. B. In the event of a conflict between the outdoor lighting standards as contained in Section 6.31 and any other section of this ordinance, the more stringent requirement shall apply. 6.31.4 Exemptions The following are exempt from the provisions of the outdoor lighting standards as contained in Section 6.31: A. All outdoor lighting lawfully installed prior to the effective date of the outdoor lighting standards contained in Section 6.31, except the replacement of mercury vapor luminaires. Mercury vapor luminaires, except for single family residences, must be replaced in conformity with the Outdoor Lighting Standards upon the earlier occurrence of the replacement of the fixture or the lamp. B. Any outdoor lighting, including mercury vapor, used for an individual single family residence, where the residence is constructed as of the effective date of the outdoor lightinq standards contained in Section 6.31, C. Bona fide agricultural uses. D. Traffic control signals and devices. E. Temporary emergency lighting (i.e. fire, police, repair workers, highway maintenance and construction, etc.). F. Moving vehicle lights. 9 G. Navigation lights (i.e. airports, heliports, radio /television towers, communication towers, etc.). H. Holiday decorations using typical unshielded tow - wattage incandescent lights which are in place no longer than 60 days. I. Security lights of any wattage that are controlled by a motion - sensor switch, which do not remain on longer than 12 minutes after activation, and do not exceed 150 watts (2200 lumens). J Roadway lighting installed as of the effective date of the outdoor lighting standards as contained in Section 6.31, within State maintained rights -of -way provided that the standards of Sections 6.31.5.E and Section 6.31.6.1 are met, except for mercury vapor luminaires. Mercury vapor luminaires used for roadway lighting must be replaced in conformity with the outdoor lighting standards contained in Section 6.31 upon the earlier occurrence of the replacement of the fixture or the lamp. 6.31.5 Submittal Requirements A lighting plan shall be submitted with site plan or preliminary plan approval documents. The plan shall contain the following information: A. Plans, drawn to scale, showing the location, type, and height of outdoor luminaires including both building, pole and ground fixtures; B. A description of the luminaires, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations and product specifications from the manufacturer; C. Photometric data, such as that furnished by the manufacturer, showing the angle of light emission and lumen output; and D. Additional information as may be required by the Planning Department in order to determine compliance with Section 6.31. 10 E. Roadway lighting installed on state maintained roads must meet ASSHTO requirements for light levels and uniformity. Roadway lighting submittal requirements can be obtained in the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights -of- Way". 6.31.6 General Standards For All Areas: A. Unless otherwise specified, the maximum light level shall be 0.5 footcandle at any residential property line and 1.0 footcandle at any non - residential property line. B. All flood lights shall be installed such that the fixture shall be aimed down at least forty -five (45) degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. C. Any facilities that require floodlighting may not arrange the light in such a way that it will shine towards roadways, onto adjacent residential property or into the night sky. D. All flood lamps emitting 1,000 or more lumens shall be aimed at least sixty (60) degrees down from the horizontal, or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right -of -way. E. All wall pack fixtures shall be full cutoff fixtures. F. All lights shall be shielded in such a way as to direct light towards the Earth's surface and away from reflective surfaces, except as expressly exempted from the provisions of these regulations. G. Any temporary outdoor lighting that conforms to the requirements of this Section shall be allowed. `Nonconforming temporary outdoor lighting may be permitted by the Planning Director after considering: 1) the public and/or private benefits that will result from the temporary 1 The NCDOT's standard 2' -6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and Streets, 2001". Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. 11 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. H. 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 outdoor lighting standards as contained in Section 6.31 will be adhered to. The required Lighting Plan and associated documents shall be submitted and approved by the Planning Department prior to installation of any regulated lighting. I. if any street will be taken over by NCDOT for maintenance, roadway lighting must meet AASHTO requirements, and must be installed and maintained according to the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights -of- way". 2 i. Upward flagpole lighting is permitted for national and state flags provided that the maximum lumen output is 1300 lumens per flag pole. K. Any interior - lighted signs may not be lit at night when the face of the sign is removed or damaged in such a way that the light may distract drivers or adjacent property owners. 6.31.7 Lighting in Parking Lots and Outdoor Areas A. Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures shall be full cutoff fixtures. B. The mounting height of all outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting, shall not exceed thirty -six (36) feet above finished grade. C. Any light fixture must be placed in such a manner that no lamp surface is visible from any residential area or public /private roadway. z The NCDOT's standard 2' -6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and Streets, 2001 ". Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. 12 6.31.8" Lighting for Vehicular Canopies Areas under a vehicular canopy shall have a maximum point of horizontal illuminance of twenty -four (24) maintained footca.ndles (fc). Areas outside the vehicular canopy shall be regulated by Section 6.31.6. Acceptable methods include one or more of the following: A. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the vehicular canopy. B. Light fixture incorporating shields, or shielded by the edge of the vehicular canopy itself so that light is restrained to five degrees or more below the horizontal plane. C. Surface mounted fixture incorporating a flat glass that provides a semi - cutoff fixture or shielded light distribution. D. Indirect lighting where light is beamed upward and then reflected down from the underside of the vehicular canopy. Such fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the vehicular canopy. 6.31.9 Outdoor Sports Field/ Outdoor Performance Area A. All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. B. The hours of operation for the lighting system for any game or event shall be no later than 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. 6.31.10 Lighting of Outdoor Display Areas A. Top mounted fixtures are required for legally existing lighted signs. Lighting fixtures used to externally 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 this Section. Bottom mounted outdoor advertising shall not be used. Notwithstanding this 13 provision, the lighting or re- lighting of a nonconforming advertising sign will not be permitted if the light results in the expansion of the nonconforming use, pursuant to Article 11. 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 sign shall not exceed 41 watts. 6.31.11 Lighting of Buildings and Landscaping. Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building fagade, plantings, and away from adjoining properties, public or private rights -of -way, and the night sky. 6.31.12 Prohibitions A. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizon, is prohibited. B. The operation of searchlights for advertising purposes is prohibited. C. Electrical illumination of outdoor advertising off -site signs is prohibited. D. Use of mercury vapor luminaires is prohibited. Section 3. This ordinance is effective upon its adoption. 14 NOW THEREFORE BE IT RESOLVED by the Board, of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County' be adopted. Upon motion of Commissioner seconded by Commissioner , the foregoing ordinance was adopted this day of , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoi is a true copy of so much of the proceedings of said Board at a meeting held on Z,- , 2003 as relates in any way to the adoption of the foregoi and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 11 AA 2003. vy Cler to the Boar f ommissioners The Board contracted with Accela Software, for software activity development, C�%� enhancement of activities and additional training of the "Permits Plus" system within the Environmental Health and Planning Departments. k. Bid Award: Moving House at 611 Yorktown Road This item was removed and placed at the end of the consent agenda for separate consideration. I. Petition for Addition of Subdivision Roads to the State Maintenance Program The Board approved petitions to add eight (8) roads in Orange County subdivisions to the State Secondary Road Maintenance Program. m. Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments The Board closed the public hearing and adopted the proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties. n. Outdoor Lighting Standards Zoning Ordinance Amendment The Board closed the Public Hearing and adopted the Outdoor Lighting Standards amendment to the Zoning Ordinance. o. OWASA Conservation and Demand Management Ordinance This item was removed and placed at the end of the consent agenda for separate consideration. o Budget Amendment #14 This item was removed and placed at the end of the consent agenda for separate consideration. g Change in BOCC Regular Meeting Schedule The Board amended its regular meeting calendar by adding the following meeting: Tuesday, August 19, 2003 — Work Session — 5:30 p.m. — Government Services Center (prior to the 7:30 p.m. regular meeting at the F. Gordon Battle Courtroom). r. Approval of Fiscal Year 2003 -2004 Capital Proiect Ordinances and Grant Proiect Ordinances This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA o Authorization to Contract for Work at Whitted Building During Summer Break The Board considered authorizing the Manager or his designee to contract with vendors during the summer break for materials and labor associated with painting the interior of the facility and replacing floor covering when that work exceeds the $20,000 threshold for Board approval. Commissioner Jacobs asked about the carpet tiles and if they were the recycled material. Purchasing and Central Services Director Pam Jones said that they are recycled in that they can be pulled up and replaced very easily. Commissioner Jacobs said that at one time they had talked about doing an environmental assessment of County operations, and this is the type of thing that ought to be in that kind of assessment. 5 G An Ordinance Amending the Zoning Ordinance Of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Zoning Ordinance is hereby amended as follows: Section 1. ZONING ORDINANCE. Amend Table of Contents, Article VI to add new provisions entitled "Outdoor Lighting Standards" and to identify it as Section 6.31 with corresponding subheadings and nomenclature as specified in this Ordinance amending the Zoning Ordinance of Orange County. Section 2. ZONING ORDINANCE. Amend Article 6 by adding a new requirement to read as follows: 6.31 Outdoor Lighting Standards 6.31.1 Purpose and Intent A. Outdoor lighting is provided for a variety of purposes to the benefit of modern society. For work or recreation, it enables people to see essential detail in order that they may undertake their activities at night. It facilitates the safety or security of persons or property, for example through lighting on roads and pathways. It may be used to emphasize features of architectural or historical significance, and to light parks and gardens. It is used for advertising or display to promote products or services, or to call attention to commercial premises by means of area lighting or signs. B. It is the intent of this ordinance to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures and lighting systems are designed, constructed, and installed to maintain safety, security and productivity, and curtail the degradation of the nighttime visual environment in addition to promoting conservation of energy. 6.31.2 Definitions AASHTO: American Association of State Highway and Transportation Officials Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that no more than two and one half (2 1/2) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture. fip Direct Light: Light emitted directly from the lamp, off of the 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 Lamp: A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Floodlight: A form of lighting designated to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. Footcandle: (fc) The illuminance measured one (1) foot from a one (1) candela source. Full. Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Fully Shielded: 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 or to cause annoyance, and, in extreme cases, causing momentary blindness. Holiday Decoration: holiday displays, decorations and greetings, which relate to any federally designated holiday, legal holiday or religious holiday. Holiday decorations shall not advertise an individual, business, commodity, service, activity, or product. IESNA: The Illuminating Engineering Society of North America, a non - profit professional organization of lighting specialists that has established recommended design standards for various lighting applications. 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: A complete lighting system that includes a lamp or lamps and a fixture. Semi- Cutoff Fixture: An outdoor fixture shielded or constructed in such a manner that it emits no more than five (5) percent of its light above the horizontal plane of the fixture, and no more than twenty (20) percent of its light ten (10) degrees below the horizontal plane of the fixture. Upward: Projection of light above the horizontal plane. 6.31.3 Applicability A. All new nonresidential outdoor lighting fixtures installed on private or public property shall comply with these standards, except as stated in Section 6.31.4. B. All outdoor lighting fixtures existing and legally installed . and operative before the effective date of this ordinance are to be amortized within ten (10) years upon adoption of these regulations. When existing lighting fixtures become inoperable, their replacements are subject to all the provisions of the Outdoor Lighting Standards. C. Compliance with this Section shall be administered by the Orange County Planning Department. D. In the event of a conflict with any other section of this article, the more stringent requirement shall apply. 6.31.4 Exemptions The following are exempt from the provisions of the Outdoor Lighting Standards: A. Any lighting used for individual single family residences provided the general standards of subsection 6.31.6 are met. B. Bona fide agricultural uses. C. Traffic control signals and devices. D. Streetlights installed prior to the effective date of the adoption of this provision. 6.31.5 E. Temporary emergency lighting (i.e. fire, police, repair workers, etc.). F. Moving vehicle lights. G. Navigation lights (i.e. airports, heliports, radio /television towers, etc.). H. Holiday decorations using typical unshielded low- wattage incandescent lights which are in place no longer than 60 days. I. Security lights of any wattage that are controlled by a motion - sensor switch, which do not remain on longer than 12 minutes after activation, and do not exceed 150 watts (2200 lumens). Submittal Requirements A lighting plan shall be submitted with site plan or preliminary plan approval documents. The plan shall contain the following information: A. Plans showing the location, type, and height of Luminaries including both building and ground fixtures; B. A description of the luminaries, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations and product specifications from the manufacturer; C. Photometric data, such as that furnished by the manufacturer, showing the angle of light emission; and D. Additional information as may be required by the Planning Department in order to determine compliance with this Section. E. Roadway lighting installed on state maintained roads must meet ASSHTO requirements for light levels and uniformity. Roadway lighting submittal requirements can be obtained in the NCDOf, publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights of Ways ". The NCDOT's standard 2' -6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway.Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and T 6.31.6 Streets, 2001 ". Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. F. Plan shall show consideration for energy conservation. General Standards For All Areas: A. Unless otherwise specified, the maximum light level shall be 0.5 footcandle at any residential property line and 1.0 footcandle at any non - residential property line. B. All flood lights shall be installed such that the fixture shall be aimed down at least forty -five (45) degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. C. Any facilities that require floodlighting may not arrange the light in such a way that it will shine towards roadways, onto adjacent residential property or into the night sky. D. All flood lamps emitting 1,000 or more lumens shall be aimed at least sixty (60) degrees down from the horizontal, or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right -of -way. E. All wall pack fixtures shall be full cutoff fixtures. F. All lights shall be shielded in such a way as to direct light towards the Earth's surface and away from reflective surfaces, except as expressly exempted from the provisions of these regulations. G. Any temporary outdoor lighting that conforms to the requirements of this Section shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Planning Director after considering: 1) the public 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. H. 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 Orange County Outdoor Lighting Standards will be 9 M adhered to. The required Lighting Plan and associated documents shall be submitted and approved by the Planning Department prior to installation of any regulated lighting. I. If any street will be taken over by NCDOT for maintenance, roadway lighting must meet AASHTO requirements, and must be installed and maintained according to the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights of way". The NCDOT's standard 2' -6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way' does not act as a barrier curb at speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and Streets, 2001". Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. J. Upward flagpole lighting is permitted for governmental flags, either publicly or privately owned, and provided that the maximum lumen output is 1300 lumens. Flags are encouraged to be taken down at sunset to avoid the need for lighting. K. Any interior lighted signs may not be lit at night when the face of the sign is removed or damaged in such a way that the light may d istract'd rivers or adjacent property owners. 6.31.7 Lighting in Parking Lots and Outdoor Areas A. Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures shall be cutoff fixtures. B. The mounting height of all outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting, shall not exceed thirty -six (36) feet above finished grade. C. Any light fixture must be placed in such a manner that no light emitting source surface is visible from any residential area or public /private roadway. 6.31.8 Lighting for Vehicular Canopies Areas under a vehicular canopy shall have a maximum point of horizontal illuminance of twenty -four (24) maintained footcandles (fc). Areas outside the vehicular canopy shall be regulated by Section 6.31.6. Acceptable methods include one or more of the following: A. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the vehicular canopy. B. Light fixture incorporating shields, or shielded by the edge of the vehicular canopy itself so that light is restrained to five degrees or more below the horizontal plane. C. Surface mounted fixture incorporating a flat glass that provides a cutoff fixture or shielded light distribution. D. Indirect lighting where light is beamed upward and then reflected down from the underside of the vehicular canopy. Such fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the vehicular canopy. E. Other method approved by the Planning Director that meets the intent of this section as explained in Section 6.31.1(B). 6.31.9 Outdoor Sports Field/ Outdoor Performance Area A. The mounting height of outdoor sports field and outdoor performance area lighting fixtures shall not exceed sixty (60) feet from finished grade unless granted a waiver by the Orange County Board of Adjustment. B. All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. C. The hours of operation for the lighting system for any game or event shall be no later than 11:00 p.m., to be extended under limited, reviewable circumstances. 6.31.10 Lighting of Outdoor Display Areas A. Top mounted fixtures required for legally existing lighted signs. Lighting fixtures used to externally 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 this Section. Bottom mounted outdoor advertising shall not be used. ,a 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 sign shall not exceed 41 watts. C. Compliance Limit. Legally existing outdoor advertising signs shall be brought into compliance within three (3) years from the date of adoption of this ordinance. 6.31.11 Lighting of Buildings and Landscaping. Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building fagade, plantings, and away from adjoining properties, public or private rights -of -way, and the night sky. 6.31.12 Prohibitions A. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizon, is prohibited. B. The operation of searchlights for advertising purposes is prohibited. C. Electrical illumination of outdoor advertising off -site signs is prohibited. D. Use of mercury vapor luminaires is prohibited. 6.31.13 Severability Should any section, clause or paragraph of this Section 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 3. This ordinance is effective uporl its adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County" be adopted. 13 Upon motion of Commissioner Commissioner seconded by the foregoing ordinance was adopted this day of , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this _, 2003. day of SEAL Clerk to the Board of Commissioners f DRAFT T 1 MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 AND 0013 4 ORANGE COUNTY PLANNING BOARD 5 JOINT PUBLIC HEARING AGENDA 6 7 8 The Orange County Board of Commissioners and the Orange County Planning Board met in 9 joint session for a public hearing on Monday, February 24, 2003 at 7:30 p.m. in the F. Gordon 10 Battle Courtroom in Hillsborough, North Carolina. 11 12 COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Moses Carey, Jr., 13 Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs 14 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian 15 COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County 16 Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff 17 members will be identified appropriately below) 18 PLANNING BOARD MEMBERS PRESENT: Chair Nicole Gooding -Ray and members Jay 19 Bryan, Barry Katz, Craufurd Goodwin, Ted Triebel, Rachel Preston, Howard McAdams, Maria 20 Tadd, and Renee Price 21 PLANNING BOARD MEMBERS ABSENT: Vice -Chair Hunter Schofield 22 23 NOTE: • ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE . 24 PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 25 26 27 A. OPENING REMARKS FROM THE CHAIR 28 Chair Brown said that some items that were supposed to be addressed at the meeting last 29 week (February 17th) would be delayed. Item 9 -a regarding the school systems merger will be 30 delayed until March 51h. Also, items 5-a and 6 -a will be addressed March 5th. The closed 31 session will also be addressed on March 5th. 32 33 34 B. PUBLIC CHARGE - 35 The Chair dispensed with the reading of the public charge. 36 37 C. PUBLIC HEARING ITEMS 38 Planning Board Chair Nicole Gooding -Ray chaired these items. 39 40 1. Orange County Zoning Ordinance Text Amendments 41 42 Verbatim Minutes from audio tape at the request of Commissioner Gordon, typed by 43 Nancy C. Glover and Jeanette Jones 44 45 Nicole Gooding -Ray, Chair, Orange County Planning Board: 46 47 "The first item on the agenda is an Orange County Zoning Ordinance Text Amendment 48 regarding Outdoor Lighting and we are going to hear a presentation from staff." 49 50 51 2 0014 DRAFT 1 Craig Benedict, Director, Orange County Planning Department: 2- 3 "My name is Craig Benedict, Orange County Planning Director. Tonight we will be 4 addressing four items. The first three items are amendments to our Zoning Ordinance. The last 5 item is a subdivision amendment which is very closely related to enforcement provisions that 6 are noted in the zoning. So, we have items, actually the third and fourth items we'll be talking 7 about tonight are enforcement provisions: One for subdivision and one for zoning. 8 9 "What I'm going to do is start off my presentation tonight here at the podium. We have 10 some presentation material which I'll be showing from the seat behind the dais there. 11 12 "The first item has to do with Outdoor Lighting Standards. Presently, the County has 13 limited standards for outdoor lighting. I'll do a presentation talking about some new standards 14 there. 15 16 "The second item has to do with stream buffers. Presently stream buffers and streams 17 are identified by U.S.G.S. maps. We are increasing the definitions we have for stream 18 identification to include .....° 19 20 a. Amend Article 6 to establish Outdoor Lighting Standards 21 22 Craig Benedict: "I will move my location now to the dais behind you and i will start off with the 23 outdoor lighting 24 25 "My staff will get the people who have signed in for the public hearing and I do 26 understand that there are some people who do want to speak on a few of these items. 27 28 "Since we do have kind of two meetings wrapped into one tonight, we will move with all 29 due speed with all proper comment that we can as we move forward through these items 30 tonight. The first item that we are taking a look at tonight is outdoor lighting standards. This is 31 something that has been put together based on comments from both our Planning Board, from 32 the citizens that see new developments come in the area, from the Commission for the 33 Environment who has also taken up this as something to examine. The one area that we are 34 talking about presently are existing standards are just limited to our economic development 35 districts. And even within the economic development districts, there is just minor references to 36 where the lights are located and things of that nature. We will talk about the proposed 37 standards, we will talk about not just lighting but the amount of energy and energy conservation 38 that is involved in lighting. And we will talk about what this means when you change regulations 39 from one thing to the next. 40 41 "Presently the only reference to asking for lighting standards in our present code is a 42 section at the end of our implementation guidelines that say and any other information that is 43 necessary. And so we have asked for this information when we review site plans. Most rural 44 subdivision are not putting lighting in them so we are in no way asking for people to light rural 45 subdivisions, but if they do we want to make sure of the light spill is a minimum. And as 1 46 mentioned economic development districts do have some standards the The proposed 47 standards do a few different things. The amount of the light spill that comes in different areas of 48 the county if the lighting standards are not appropriate can cause a certain amount of sky glow 49 and it can damage the typical night sky that a lot of people enjoy. 50 15 3 DRAFT(g 1 `This light pollution i think a lot of people can attest in the last five to ten years has been 2 appreciable. And was even recognized last week on a foggy night I was driving back from 001 3 Carrboro in the distance on Highway 54 you could see this major glow. I said that can't be 4 Burlington, it can't be Graham. It was a small car dealership out in White Cross area, that 5 looked like it was some sort of major sale going on there. 6 7 "So even some small projects can really have quite an impact upon the rural 8 environment that is out there. Besides these businesses and residences, this light pollution can 9 affect the enjoyment of the night, the dark sky, enjoyment of the neighbors. You will also notice 10 that driving conditions based on inappropriate lighting can also cause hazards while driving. 11 Energy conservation, we just didn't want to limit it to light pollution we understand that in our age 12 of energy star housing where we are reducing the amount of energy necessary for housing, 13 there is also a way of reducing the amount of energy for lighting and you have noticed the 14 different color -coded lighting out there, there is yellow lights, there is the blue lights; there is the 15 white lights, there is the reddish lights. 16 17 "There are certain types of these lighting that are high - energy consumption. And what 18 we are suggesting, at least at the public hearing stage, is the prohibition of mercury vapor 19 lighting which is as we have analyzed high energy consumption. And there is a chart which will 20 go next that just gives an example of some of the lighting fixtures that are out there and some of 21 the costs that accrue to the people who pay the bill afterwards. 22 23 "Now we also understand that the costs of the initial installation is part of the capital 24 improvement and costs of providing these facilities, but also if you take a look at the cost of that 25 electric service afterwards by reducing this long term electric consumption, the need and 26 dependency on sources of electricity could be brought down. 27 28 "Also another initiative that we are taking a look at is where possible, where feasible, 29 where applicable, we are encouraging the use of solar lighting , and solar lighting technology 30 just over the last five years has moved forward in leaps and bounds and we are interested in 31 proceeding with some sort of solar lighting application at our building in Orange County here 32 that was knocked down in a storm a few years and we are still without sign and without lighting 33 and so we hope to use and attempt -some new technology for solar lighting for that sign out 34 there. This is just a quick chart of energy conservation — low pressure sodium, 35 watts, 35 annual operating costs about $19.00, high pressure sodium —75 watt fixtures, about $30.00, 36 middle halide ?? - 100watt bulbs, $37.00 approximately, and mercury vapor —175 watts, 37 $67.00. 38 39 "So you can see almost 3 and' /? times the cost of providing lighting with different types 40 of fixtures and applications. Now there is a combination- it doesn't mean that you have to 41 provide 3 and V? times as many lighting fixtures as low pressure sodium to make the project 42 work. This Is just an example of how we have done in energy conservation analysis to make 43 sure that future lights take that into consideration. The consequences we hope that the benefits 44 abound, better driving conditions still allowing for appropriate security for people that want to 45 preserve their property, using conservation measures to reduce our dependency on electricity, 46 using these solar opportunities, supporting the dark skies initiative so people can enjoy the 47 stars out there. And also taking a look at lighting so that it is used for its intended purposes of 48 security and invisibility and using the crime prevention through environmental design 49 techniques. So those are some of the positive consequences, we did not elucidate any other 50 issues that have negative consequences. . 51 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 0016 E! AM "So that is in essence where we are going with the new amendments to our lighting standards. That is all for the presentation that Robert has tonight. We did recognize a note that came in from Duke Power that mentioned a few sections of our Ordinance. In some cases, I just read this before the meeting, they said that some parts were good and they would like to work with us on some other parts that discussed such as the prohibition of mercury halide lights. We do have certain clauses about this would apply to new development and things like that that we have been working with the industry*and have been applying some of these new concepts With some new projects that have been coming on line on a volunteer basis. So we are optimistic that these are both functional and usable by the development community and by the electric contractors and by the power companies. If there are any questions for me that I will be able to field them, K not, there are some speakers that have signed up and we can move to that section. Someone on the Planning Board had a question that I could not hear. Another question I could not hear.- Chair Brown asked if they were going to get a response from the staff on all the questions brought forward by Duke Power. Craig Benedict said they would respond item by item before they go to the Planning Board. Commissioner Carey had a question about section 6.31.6H, regarding intrusiveness of lighting. He wanted to know what non- conforming meant regarding sliding scale. Craig Benedict explained this. Public Comment: Mark Smith — OC Commission for the Environment. `Thank you for all the work you do every day doing this commissioner stuff. It is scary for me to look at your schedules. So does everyone have this in front of you? Here comes Craig with that, I do not know if we have enough for the Planning Board people. This is a presentation i prepared a while ago and gave to the Commission for the Environment and then to some people on the Planning Board and I guess originated the Ordinance you are seeing now and I am not going to go through the whole . thing, it takes a little longer than i think is reasonable given that you've got like four sessions going for one. "But there is a lot of information in here about what light pollution consists of, the amount of waste, the environment impacts that are involved, security and safety issues, and a lot of things that Craig already touched on. I am not going to go over all that again. I think just for reference purposes, let's go ahead and flip to the pictures here, which Craig can put them up there too, the good, the bad, and the ugly. °I just want to give us all a (and I am going to apologize to everyone in the room here, you are going to go home looking at light fixtures, driving down the road now and moaning about bad lighting and good lighting, at least until we get this Ordinance implemented, not for the rest of your natural life hopefully). So the first 3 of these basically give you and idea of what good basic lighting designs are. "And the idea with this Ordinance, as I am looking at it, is to just have good fixtures put in and it is a pretty simple matter, it is just an engineering, a technical fix. The idea is to have the light shining down on the things that you want to light up.and not in your eyes, not creating glare and not creating safety and security concerns where you can't see what you are supposed n 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 to be trying to look at And the way this works is like all these first 3, they are called full cut -off fixtures. Basically they do not let the light go above the level of the fixture. And so for light pollution purposes that keeps the light except what is reflecting off the moisture in the air, below the fixture off the pavement and keeps it from ending up in the sky and also saves you a whole lot of light, saves you a lot of energy. And so you have got regular street lights here, go back a couple, and this is what you would want to put out in this parking lot instead of these acorns that basically emit light almost 360 degrees just spray it up in the air. "The 3`d one which shows that even for a regular parking lot you can put a fixture in a box so that if you are back far enough away from it is not in your eyes and all the light is going down. Then you have two options for a sign, either from above or these kind of internally lit signs that work really well. Then there are the bad fixtures, there are a bunch of them at Easttown, then the wail pack, #2, if driving down 40, look behind Harris Teeter Chapel Hill North, the whole highway is lit up by these things. "And then you can get the totally ugly effect, which you can get by driving straight back towards Chapel Hill, just as you come up over the hill. So, in the summation page, light pollution is a problem in most places in this country where they do not have a comprehensive Ordinance and that includes Orange County. "So we have got a good start on the Ordinance. Then given that it is kind of a no- brainer, all you want is light where you want it and not where you don't want it, I think we are moving right along and I really appreciate the work that has already gone into that. For this to actually be a success this is kind of like air pollution, the light knows no boundaries,. so getting the same things happening in other jurisdictions in the towns and at the university would be something I would want to motivate. So to the degree that we could get an ad hoc county -wide working group for a little while working on this and could get some uniformity on these things that would be great. "One thing just occurred to me, it is possible to even light ball fields and things that you would think would just have to create this bill ball of light. With the right shielding and stuff you can make even ball fields and big facilities like that pretty tolerable in the neighborhood. So we can actually bring back the stars in town and that has been done in a lot of bigger cities where astronomers were being put out of business. And I know it takes a while for Ordinances and the fife -cycle of these fixtures to go through, but as far as the state -of- the -art fixtures and light pollution approaches in all county facilities goes, I think that is something that can just be done by the people that are planning the facilities. "And I would really encourage that and the last thing that i want to ask for is that we get a referral on this Ordinance so that we can take a look at it officially for the Commission for the Environment. "And on a completely different topic, I was the recipient of an Orange County Arts Commission grant last year and there is a pile of these CDs over there that were a result of that (five or six) and they are for you all. Thank you very much." Bill Walser. "Hi, I am Bill Walser, a resident of Orange County. i am a life -time member of the international Dark Sky Association which basically made the presentation. I am an amateur astronomer, I have a private observatory just off Dodson's Cross Roads where 1 do deep space imaging. It's a university quality facility and there are a number of other amateur astronomers in the area, who until just recently have enjoyed very dark skies. 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 0011, "As the staff said, the last five years have been brutal on the sky. i came in tonight to encourage you to see this Ordinance through to completion. it is very important right now in Orange County as the rural buffer zone is being heavily developed. It is such a simple problem to solve as Mark said.. "The idea is simply to have people buy fixtures that light what they want lit. You look at these domes of light that half of the light is going up into space, that is just energy that is wasted. "The first night that Carrboro turned on their new Municipal home, I thought Carrboro was burning down from my little property, which is about 12 miles away because of the huge dome that it put up that was not there the night before. So I drove down the next day and immediately recognized what the problem was, at least thank God Carrboro didn't bum down. "But that's why this is so important; it just takes a few lights with excess energy being wasted with this tremendous wattage going up into the air, particularly during the summer season, where humidity is high in the air, you tend to trap all that light and the moisture and it produces these light domes which are as polluting as if you had put chemicals in the water to the air. Fortunately it is much simpler to solve this problem than it is a lot of types of pollution, because every major light fixture company in the country has fixtures that conform to a large number of these Ordinances all other the country. "And so it is not even a problem of shopping or finding the right thing. Every one of them make conforming and non - conforming fixtures and it is just a simple matter for the architects to specify conforming fixtures and it saves the tenants a lot of money. So there are very few people who find a problem with it and the power companies are typically the only people who find a problem with it and even those people are trying hard to be responsible about energy savings and it is a very tough argument for them to bring up other than trying to preserve. °You know in a lot of jurisdictions they make a quick retrofit and that is a big problem. Here, the Ordinance is not proposing a retrofit until the particular fixture needs to be replaced. So. it is all just going forward and that is why it is so important with the development that is going on in the county. 610 "So I felt like I needed to come forward and encourage all the people involved with this. And I have say the staff of Orange County has done a remarkable job of research and looking at Ordinances in other parts of the country and looking at the engineering aspects of it and looking at the basic common sense application of it without going either overboard or not having an effective Ordinance and I hope that in some form similar to the draft it will get eventually accepted. Thank you." Ron Osborne: "Thank you. My name is Ron Osborne, and I am here tonight representing Duke Power regarding the Ordinance. My position with Duke Power is that I am the Engineering Supervisor for the Durham, Burlington, Chapel Hill service areas which encompasses all of Orange County. Most of Durham County, Alamance County, parts of Guilford, counties to the north and south and everything. I wanted to lead off by saying that I am heartened by the actions the County is taking with regard to light pollution and light trespass and I think that something that needs to be addressed probably in most jurisdictions. I applaud Orange County for taking a look at it DRAFT 1 2 "Duke's interest in this is to make sure that the Ordinance is simple followed which will 3 equate to compliance, which will equate to effectiveness. And to that end, and to the intent of 4 trying to limit light trespass, the remarks that we have provided are geared. Let me just say a 5 couple of things because I appreciated the preceding speakers. 6 7 "The first thing is that part of my business is to look at lights all the time whenever I'm 8 riding down the road so I know how everybody feels when you start thinking about things and 9 you start looking up. And I do see lights all the time that are creating problems. And it is relatively 10 simple to fix them. And I think that the Ordinance can address that 11 12 "The other thing that I want to mention because I found some common ground. I live in 13 rural Alamance County, not far from what is called "Three College Observatory." I've beer• up 14 there a couple of times with my children to observe the heavens, and the light pollution is a '15 problem. It is getting worse, especially on a foggy night. The moisture in the air does cause a 16 problem. And if you go out and look, you'll probably notice that some of the greatest offenders, 17 unfortunately, are governmental agencies. You look at the highway lighting down 185, you look at 18 the lighting over different municipalities. And it is going to be a tough issue to tackle unless 19 municipalities and governmental lighting is included. And, again, I applaud Orange County 20 because, based on my interpretation of the Ordinance, that has not been ignored. So, I think that 21 is a good step. 22 23 "1 mentioned seven things in the memo that was sent, which I will not go over again 24 because you've got them with you tonight, but I just wanted to make a couple of mentions of a 25 couple of highlights. 26 27 "One is the Section 631.5, which refers to the submittal of plans and designs for lighting 28 applications. This is of concern to Duke Power from the standpoint that, due to the volume of 29 lighting and everything, it is going to be challenging for everything to be submitted and reviewed. 30 I'm not saying it cannot be done, but the burden of the submittal and the approval process will fall 31 upon the requesting party. And it would be up to a public utility like Duke Power to, we'd have to 32 have that come in hand from the requesting party to us. That is not a service that could be 33 performed under the current rate structure. So that translates into extra cost to a requesting 34 party to have that submitted and brought to us, something that is approvable. Again, I don't think 35 - . that I know that Duke Power does not have a position on that. We are just making everybody 36 aware that that is a direct action of the Ordinance that will take place. 37 38 "A lot of lights that Duke Power puts in are situations where there is a farmer or 39 somebody that has a convenience store or just somebody's got their own home, wants a light 40 installed. Duke Power supplies lights under the North Carolina Utility Commission, which 41 approves the light selection that is installed. And, currently, the guidelines we follow to put the 42 lights up are fairly straight forward and our desire is that they remain so under the Ordinance. 43 44 "The simplest way to do that is to make the foundational Ordinance the requirement of 45 cut -off fixtures, which I think would probably address 90 percent of the fight pollution, tight 46 trespass problem that we see today. The biggest irritant is the point source of light that you see 47 when you are outside looking at the light, and that light is not directed on the surface, it's directed 48 out, and even a relatively small light from a distance will be an irritant just because of that point 49 source that you can see. A cut-off fixture would address that and it is something very simple to 50 do. 51 0020 8 DRAFT 1 "One caveat to that to governmental agencies is that when you use cut-off fixtures, it a� 2 requires more fixtures in a given area to illuminate the same surface such as a roadway. We first 3 experimented with cut -off lighting in the Charlotte Metropolitan area over 20 years ago, and it has 4 very many advantages, but one of its disadvantages is that often times it takes more lights in a 5 distance to have the same uniformity ratio and the same illumination. 6 7 "So, what that translates to is more cost for agencies requesting tights, DOT, 8 municipalities, even private parties that want to illuminate a subdivision. I'm not saying that this is 9 a bad thing. It is just a fact of life that will happen in many cases. 10 11 "The other item I wanted to mention is the prohibition of mercury vapor. One thing to '12 keep in mind on that is that, currently, that is the low -cost option as approved by the Utility 13 Commission for most requesting parties. Mercury vapor is available in cut -off fixtures so the light 14 pollution issue would be address but the consumption issue would remain. 15 16 "One side note about the consumption issue: the rates for mercury vapor lights are a flat 17 rate, it's not based on consumption, it is based on flat rate. Mercury vapor fixture is a low -cost 18 option because it is less cost to install and it's less cost to maintain. The rates are set and they 19 are based on the cost of the consumption, the cost of the facilities and the cost that Duke Power 20 has to expend going out there and making a repair trip. Metal Halide has more maintenance 21 involved than the mercury vapor, even though it is more efficient. So there are some trade --offs. 22 It's not a linear comparison that can be made sometimes. 23 24 "The other thing is that the electricity that is used for lighting at night is really not wasted 25 energy. i know that is hard to comprehend sometimes but the power system that Duke Power 26 and the other utilities use to generate electricity is designed to address peak loading situations 27 which occur during the daytime. We have to build that generation whether we use it or not. And 29 at night when the load is down, we've still got that generation available at really no extra cost. 29 And using it for illumination actually offsets the cost during peak times. it's kind of like building a 30 four -lane road to get to Kenan Stadium but you only need it ten times a year, but you've got that 31 road there all, it would be nice if you could use it every day of the year and offset the cost of it, 32 and that is how lighting is viewed. And again the flat rate and the maintenance cost are 33 considered in what the Commission approves for us to build. 34 35 "in closing, i would like to say that Duke Power, and I, myself, would be glad to continue 36 the dialogue with the County and other interested parties. We appreciate the opportunity we've 37 had so far. We look forward to getting effective, and simple and, ultimately, workable Ordinance." 39 39 A. Nicole Gooding -Ray "is there anyone who was not signed up to speak who would 40 like to speak to this issue at this time? OK." 41 42 Bann Jacobs "I would like to make some comments. First, unless i missed it, I didn't see 43 anything in here about subdivision signs, which are basically advertising signs. We don't light 44 our street signs. I don't see why we would allow the lighting of subdivision signs. 45 46 "1 would tike to second Mr. Bryan's comment. I think it would be probably more in 47 keeping with Duke Power recommendation to have a simple, cleaner way of looking at fixtures 48 on a periodic basis. I don't know how that affects the exemptions. C, if you are talking about 49 publicly — funded street fights or if you are talking about all street lights. I'm not sure we have 50 control over publicly- funded street lights, but we do have over privately- funded street lights. 51 Probably the grossest light polluter in central Orange County is DOT's new interchange at I Efland, which you can, I would think you could see from satellites going around the earth. And 1 a 2 would hope that when we get to the point that we have something adopted that we bring this to 3 the attention of our Division Engineer and express our concerns because that's a real shame 4 what they've done right in the middle of the County. 5 6 "And another egregious example would be the bank as you are coming into Hillsborough 7 on Old 86. 1 wonder if under 6.31.11 — Lighting On Buildings and Landscaping - if you could just 8 review that section and think about that bank, and think if this Ordinance adequately covers the 9 gluttony that's involved in the bathing of that building in unnecessary light all night. 10 11 "And also, I would just like to suggest that on 6.31.9c: I think you want to say, "shall not 12 exceed one hour after the end of the event." 13 14 "Thank you." 15 16 Moses Carey. Jr. "I heard one of the speakers speak and he was encouraging, he was 17 admiring the way the existing lighting or amortization of existing lighting was dealt with in the 18 Ordinance, but I heard someone, one of our Planning Board members ask about an 19 Amortization Schedule rather than the way we've dealt with it in here. And 1 think l heard you 20 (word I couldn't understand, maybe, "speak ") favorably of the way it was dealt with in here. 21 22 "Does any of the other speakers have any comments on whether one or the other of 23 those approaches..." 24 25 Man Spoke up from the Audience in Response to Commissioner Cary: "Let me just clarify my 26 statement." 27 28 Nicole Gooding — Ray "If you could come to the podium to do that. I'm sorry." 29 30 Ron Osbome ? " Ideally, an amortized period of replacement would be the perfect world, that 31 would be a wonderful thing. My personal feeling is that it is much more important to get a good 32 ordinance on the books at this stage of our development. Given Duke Power's concerns, I don't 33 see any of those issues that are not easy to work out. If you start reaching into people's 34 pocketbooks, [or? over?] fixtures that they`ve had over a number of years and pushing them, 35 you're going to get some vocal opposition. To me it's much more important that we get — 36 contain the growth of bad lighting in Orange County. Time will take care of itself. You know that 37 the International Dark Skies made a huge effort in Manhattan, which most people would think is 38 an impossible task and they didn't even do it by retrofitting. But what happens is that in 39 Manhattan because of the aggressive retailing environment, facades are redone; often, store 40 windows are redesigned; store fronts are redesigned, and every time it is renovated, it has to 41 conform. Within ten years they did an unbelievable job of reducing vertical light pollution out of 42 Manhattan. Of course, the problem is everything around Manhattan is still non - conforming. That 43 was the reason I said that. Not that it would not be ideal to do that but, my personal feeling is 44 that it is very important to get this on the books and functional, and protect us from what could 45 happen in a rapid developing period without any ordinance." 46 47 Moses Carey. Jr. "So you don't think we have a perfect world here ?" 48 49 Ron Osborne "No." (Laughed) 50 51 Moses Carey. Jr. 'Thank you." 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 10 0 0 N N `� UKAFT Ron Osborne "if i can make a brief comment on your question, as well. The suggestion I would like to propose is that the Ordinance address all new installations initially, and, then, maybe be revisited in incremental steps to see, if, based on its efficacy, does it need to go back and revisit retrofitting. `The retrofitting issue is problematic from several standpoints. Number one is, just as it has been mentioned, it's going to get into someone's pocketbook. Someone's light goes out and then all of a sudden you inform them, 'Oh, by the way, now we're going to have to up that, fixture or whatever. It's going to be an increased cost. I think the important thing to do would be to stop the bleeding based on the new installations. And, then, over time, 1 think that the grandfathered or the existing installations would probably be addressed, because eventuauy they do wear out. Eventually lightning strikes and things hit things. But what we would desire from Duke Power's standpoint is something that does not place an undue burden on the consumer and that can be done in an orderly and logical fashion. "You may have a situation, and it could be a municipality or a County agency or private party that has a whole system of lights. One light needs to be replaced. Because it's replaced and does not match the rest of the system, it could impact the, not only the esthetics but the illumination quality of that system. So, it needs to be looked at more carefully than just a wholesale retrofit that gets triggered. I would like to offer you that Duke Power wants to be a good steward of the system that we have, and we want to make sure that we are making the best decisions for the community because we live here, too. i look forward to the day, I live in southern Alamance County, i look forward to the day that Alamance County has some sort of ordinance, again, that is not reactive, but it is proactive. That is what i would hope that Orange County pursues. Bann Jacobs "May i ask Mr. Osborne a question? How much does it cost to install a shield on one of the sodium vapor street lights ?" Ron Osbome "When you say a shield, I think you're talking about the — there's two types. There's what's called a nemahead (sp ?) which is what you see in most people's backyards. The bulb is in there vertically. And for years, things were done like paint the sides of them, or whatever. That's not proved to be very effective. Duke Power ceased the practice of doing that about five years ago. There's probably some of them out there, but it's just not very effective. Cost wise, I don't know what the cost of the actual material would be, but the cost of sending somebody out there and performing the work, especially if that cost is not passed on to somebody, which ultimately it would be, you're probably looking at a minimum of someone in the fifty to the one - hundred dollar range, by the time you assessed it, got the material, went out there and did the work and did everything like that. "Just to give you an example, we have a policy that if we relocate a pole, which going out there and sending somebody to take the fixture off the pole, put it to another pole, is a flat rate of $280. Or $268, excuse me. And sometimes it's less than that and sometimes. it's more, but that's kind of an average. So, it's not always cheap. The workforce that we have to utilize to be experts doing what they're doing, moving a light is a relatively simple matter, but they've got to be prepared for all kinds of contirigencies, so it's not always that cheap." (D' Barry Jacobs "Thank you. I'd like to request that staff look into that Piedmont Electric said that they would do that for nothing that the owner of the light had to request it, not the person whose house it's shining into. So, I would be very interested in knowing if it's different by utility or, maybe, I'm not using the correct term of are ( ?), but that was the information that I got, and that 11 DRAFT e ;0 3 1 would, certainly influence whether I thought it was a reasonable thing. If it's going to be less �� 2 reasonable, then, I might want to consider at least having it done for governmental entities so 3 that their lights are phased out over a period of time, so that, at least the schools and the 4 municipalities and the County phased out the lights that are polluting and take, and again, as we 5 often say, lead by example. 6 7 Nicole Gooding — Rav "Commissioner Halkiotis." 8 9 Commissioner Halkiotis "I just wanted to make sure that Craig and the staff were certain to get 10 some of the proposals out to the Chambers of Commerce on both ends of the County. I've been 11 around this County long enough to know that I have seen laser shows for both advertising and 12 entertainment, indoors and outdoors, and I've also seen a lot of search lights, from Chapel Hill 13 Boulevard to Hillsborough and parts north and west. I think it would be just a good policy to get 14 this before both Chambers to let the business community know what's being proposed here." 15 16 Nicole Gooding-Ray "Mr. Bryan." 17 18 Jay Bryan, Planning Board Member [This speaker did not come to the mic so I could not hear 19 all he said] " I have a couple 6f quick things. There's a couple of places in the Ordinance where 20 it talks about cut-off features. And the definition I think you have, definition for cut -off and [pole? 21 full ?] cut -off. And my suggestion would be that where it says "cut -off' it should be really [pole? 22 full ?] cut -off. That means that you don't let the light [word I could not hear] [above ?] the 23 horizontal. I didn't see the term [pole? full ?] cut-off so I'm not sure how would apply but that's 24 one suggestion. 25 26 "The second one was that the lighting plan, for instance in other ordinances show 27 consideration for energy - efficient lighting and that kind of thing. That's made a part of what's 28 being required. 29 30 "Thirdly, there wasn't anything about how you measure light, that is how the County, 31 what kind of techniques [couldn't understand him] ... complicate the Ordinance by that, but 32 there's nothing in there that defines that. 33 34 'The last thing is these, some compendium of [pictures? fixtures ?] of various types of 35 [couldn't hear him] ...fixtures that could be used [ couldn't hear him] appendix..Thank you." 36 37 Nicole Gooding — RaY "Ok, [Ms. Price ?]" 38 39 LMs. Renee A. Iman Price ?] "People who spoke, whether they thought the issue was more the 40 type of lighting, or whether it is the design of the light fixtures itself and, you know, which would 41 actually achieve the lighting you want overall for the efficiency ?" 42 43 Ron Osborne "It makes sense. While I've got my thought train, I wanted to make one comment. 44 Mr. Jacobs, in the attachment that Duke Power provided, there is the rate schedules offered by 45 the Commission. There's a contract period on the lights which helps Duke Power recoup the 46 investment and everything. If the tight was replaced once that contract period for whatever the 47 light is, and it varies depending on the type of light, was met, then that cost would be greatly 48 reduced. What hurts is when the light just been put up and then you got to go out there because 49 you haven't recouped your investment from the time spent. So, that is a factor in there. 50 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 aozs 12 DRAPT "Regarding your question, it would probably be answered by the first two speakers from their concems of, and their. perspective. I would say that from Duke Power's perspective and my professional experiences that the type of light, as far as metal halide, mercury vapor, high pressure sodium, low pressure sodium is a lot of times a matter of personal preference, esthetics, you know the color rendition. Each one is designed to do something differently. Of course the metal halide, the bright white light, is what looks the nicest but it is also the most expensive from the standpoint of maintenance, materials and equipment. "The light trespass issue is more of improper application or the use of fixtures that are not the cut-off fixtures because when the light projects below that fixture, it's not always shining down on the surface intended. It's also bleeding out to the side. And you can see a small point of light for miles away. Again, from [Three College Observator ?] you be up on the hills in southern Alamance County and see those lights for miles and miles even on a clear night when there is no moisture in the air. It's not the light that's being projected on the roadway. You could have the same type lights, same wattage and everything, but if you had the cut-off lens, it would be down on the roadway and not that point of light that you see from miles away. I think it's the application, the type of fixture, that's the biggest offender." Ms. [Price? 1 "And what about the efficiency? That's what 1 was, I mean. Does it mean that we have several low wattage, I mean,wwould we have like a hundred low wattage light fixtures for a certain area. What would that cost as compared to having say a lesser amount of the brighter lights but with the proper shielding ...if you don't have the domes.. "[she wasn't speaking into the mic so I couldn't hear everything she said.] Ron Osborne "From a lighting. design point, you are usually better off having a lot of low wattage lights because that helps what is called the uniformity ratio. It's the ratio of the brightest area to the darkest area. But oftentimes if you are talking about more lights, that's more poles. You know that's more things for a car to run into, that's more poles sitting in somebody's yard, especially if it's a street project. The property owner buy rights, and very understandably doesn't want a pole in their front yard, then you can't sometimes shift a pole fifty feet so it's not right in front of their house because then it throws out your uniformity ratio and your spacing. So, that's why there's a variety of fixtures and pole sizes and bracket lengths and everything else, because one size does not fit all. "To give you an example, on State highways, the Department of Transportation requires a lighting encroachment, just like they would. Any portion of light falling on the DOT highway has to be approved just like a pole sitting in a right of way would have. it's very hard to make one size fit all. So that's why there is a lot of varieties of different fixtures and lighting types and everything else. But the one basic common thread that can be addressed is the use of cut -off fixtures. It will impact adversely the spacing somewhat, but the gains from the elimination of that point source of light, being an irritant, from my experience, and I think the experience of like the City of Charlotte and other large municipalities is that it is worth it." Nicole Gooding — Ray "Ok. Are there any further questions ?" "is there a motion ?" Chair Brown "I move that we refer this to the Planning Board and return it to the Board of Commissioners no later than May 20''." 0 13 UKAFT �oAct, I Commissioner Gordon "I'd make that a motion and I'd add to refer to the Commission for the a� 2 Environment, if it's the Board's pleasure. So it would read, 'Administration recommends referring 3 the proposed amendment to the Planning Board and Commission for the Environment for a 4 recommendation to be returned to the Board of Commissioners no sooner than May 20,', 2003." 5 6 Commissioner Jacobs "And do we want to have the Commission for the Environment make its 7 recommendation to the Planning Board or are we going to get two separate recommendations ?" 8 9 Commissioner Carey "I think we ought to have them make it to the Planning Board." 10 11 Commissioner Jacobs. "So do I. If that's your motion, then I will second it." 12 13 Chair Brown "Motion and a second. All those in favor, please say 'Aye.' 14 15 VOTE: UNANIMOUS 16 17 [END OF DISCUSSION ON THE LIGHTING ORDINANCE) 18 19 20 b. Amend Article 6.23.7 Stream Buffers and Article 22 Definitions to 21 broaden the methods for identification of streams that require stream 22 buffers. The specific change is to include a provision allowing use of the 23 Soil Survey of Orange County and field identification by County staff to 24 identify streams subject to stream buffers. A new definition for Water 25 Feature Is added as a part of the amendment. 26 27 Craig Benedict made this presentation. He said that this is a change from the existing 28 zoning code that talks about the identifying streams. The streams are identified on United States 29 Geologic Survey maps (USGS). The suggestion is to increase the opportunities to identify streams 30 with two additional methods. The first method is to use the Orange County Soil Survey maps. The 31 Department of Water Quality has also put together a certification program where people can 32 identify streams or identify that something is not a stream based on a list of criteria. The 33 recommendation is to add this provision to the zoning code so that when subdivisions are 34 analyzed, they can take into consideration all of the aspects of a stream. It has also been a goal of 35 Orange County to protect the headwaters because 85% of all areas drained in the County are 36 headwaters. An implication of this provision is that there will be additional stream miles that will be 37 protected. 38 Commissioner Jacobs asked if Mr. Feathers has seen a copy of this and Planner Robert 39 Davis said that he was aware of it. 40 Commissioner Gordon would like to have an estimate of the impact of this provision. She 41 wants to protect streams as much as possible, but she wonders what the impact would be on 42 people's properties since so much of Orange County might be in this classification. 43 There were no Planning Board comments. 44 45 Public Comment 46 There was no one signed up to speak to this item, but Chair Gooding -Ray asked if anyone 47 would like to speak. 48 Robert Nichols, a retired dairy farmer, said that he went to the Planning Department today 49 to ask about this provision. He said that Craig Benedict said in the presentation that the stream 50 buffer would be from 130 -170 feet. On his property this would take about 37 acres of his 175 0026 t�i Orange County Commission for the Environment c/o Orange County ERCD 306 -A Revere Road / PO Sox 8181 Hillsborough, NC 27278 Phone: (919) 245 -2590, Fax: (919) 644 -3351 Memorandum To: Nicole Gooding -Ray, Chair . Orange County Planning Board From: Cara Crisler and Richard Whisnant, Co- Chairs Orange County Commission for the Environment Date: March 21, 2003 Re: Proposed Outdoor Lighting Standards Amendments The Commission for the Environment discussed the proposed amendments to the Zoning Ordinance addressing outdoor lighting standards at its March 10 meeting. The Commission supports the idea of outdoor lighting standards and commends the staff for this proposal. Light pollution is a problem that has been raised by members of the Commission in the past and the Commission feels that Orange County should take proactive steps to begin dealing with the problem. If the Planning Board's review process for the proposed ordinance ultimately stretches beyond the currently planned timeline, the Commission would like to discuss and review the ordinance in greater detail than time permitted on March 10. However, there are issues that the Commission agreed and voted to forward to you at this time: • Are there sections from model ordinances or ordinances (such as Sedona, Arizona) that we might be able to use in Orange County, so as to borrow language that might already have been applied and refined elsewhere? • Are the exemptions from the ordinance too broad? The Commission noted that the exemption of all single - family residences from the Environmental Impact Ordinance has been identified as a shortcoming in that existing document. ORANGE CO TY 24 2 17 2 NORTH CAROLINA CELEBRATING 150 YEARS i ii • Should there be some method of addressing retrofitting fixtures that do not comply, other than the amortization process? It is our reading that existing structures would be "grandfathered" in until and unless they must be replaced. • We wonder if a companion educational document (design guidelines) might be helpful for users, showing acceptable (good and bad) examples of lighting fixtures? This type of guidance document could help supplement the regulatory approach and might be especially useful for residents and businesses that are exempted from the regulatory provisions of the ordinance. • At § 6.31.3(A), should the phrase "shall apply" read "shall comply with this ordinance "? • At § 6.31.4(d), does temporary emergency lighting cover highway construction and repair? This use might or might not be deemed "emergency." • At § 6.31.6 (J), the phrase "governmental flags" is ambiguous, since it could refer either to a government owner of the site, or to the flag itself. Perhaps the language should read "for flags on government property "? The Commission is unclear just what the intended scope of this standard is. • At § 6.31.8, the preamble refers to regulation of areas outside the vehicular canopy under "section 6.31.5. Does this mean § 6.31.6? There are no standards in 6.31.5, merely information submittal requirements. • At § 6.31.8(e), there should be some standards for this variance approval by the Planning Director. Perhaps general language such as "Other methods approved by the Planning Director that meet the intent of this ordinance as explained in § 6.31.1(B)" would suffice. • At § 6.31.9(B), "their" is missing a 'T' • At § 6.31.9(C), "one" is missing an "e ". Again, the Commission commends staff for taking the time to create this proposal, and is supportive in concept of the provisions. We would be willing to to offer more technical suggestions in way of a brief report, based on a review of other ordinances, which could be ready later in the spring, if this met the needs of the Board in its process for review of the proposed ordinance. Thank you for your consideration of these questions /issues. Copies: Commission for the Environment David Stancil, Environment and Resource Conservation Director oR,e,NCE courrTY 2002 NORTH CAROLINA CELEBRATING 250 YEARS MAR 21 2003 12:34PM ORANGE COUNTY BOCC (919) 644 -0246 P•2 aq Margaret Brow ns+, Chair, Q `.","s"`T Cntrmicrinr�nrc P. O. Bo= 8181 ANC 27278 W.T, . •• Pebruary 24, 2003 We have rGVie and tie proposed dtafi of Section (31- Outdoor I Standards of the ]aftst draft of the CourWs proposed ssming ordinance, We offer the f &wing•questioas and concerns as we l as some proposed .. 6313 -B: -.'Ibis section stipulates that all pre-eisdng conditions angst be replaced or upgraded once they become " inoperable". Does this section mean that a pre-existing installation maest be upVaded or replaced whenever routine mice, such as bulb, phomeiec�tik CA refractor, etc is persatmed? Such a requirem could became very costly to the consumer, as this cost would be passed on to the requesting parry, and possibly. compromise existing 1•ig itim design xWor aesthetics. It is suggested that "inoperable" be defined as sitaraaions requ(ring the complete replacement of exi*sd*ng fa31itim uAgur r u to the routine aperloomponent replacement of as eiosnng fadlity, which should 'require siuh mphcemerits or upgrades. 6315_ 'This section appears to stipulaws drat every applicable lightin g installation (al nay residential instailadorL% including street.lighting) wtiIl have to be submitted to the County Y Mitring Department for review. Duke Power a=eatlypravides cost effective under the guidelines of rate schedules for outdoor lWi ing. (rate schedudle OI), fia� (rate schedule FL) and public lighting (rate schedule PL) as approved by the Nortfi CazoTina UqEtyCommisslon (copies of which are armed). The additional stipnrlattion of submitting plans for approvzl to the Co uaty will aeatte additional burdens on all the rogvesting parties and lengthen the request process. The burden and expense of submitting plans to the - - County, aclodurg plans for govt requests, would not be the riespotunRiffityof Duke Power Cornpaty and would rest with those requesting parties, the consumer. - 6.3L&A.- Fksi[>ility show be provided for sitinfiions where both property owners sloth a common property fine desire to share fighititrg:'There arc alva marry siuradow where ' - propoties with a common property line are oavned by the "same partywho wishes to share MAR 21 2003 12:34RM ORANGE COUNTY BOCC (919) 644 -0246 lighting facilities. Such situations should be considered and pem itted in order to a bift2te tom of facilities and tunaecessary adcfitioual li&tin& 6314 -L• Ile statement is unclear and clarification is needed for what is meant by "Amy light famm must be placed in such a, manner that no light emitting surface is visible from any reidential area or pubadpnvate roadway, walkww, trail or other public way when viewed at ground level' meatus. Since the light emitting surface of cry fixture is visible f -cm ground lewd when standing beneath that ftxatre, it is questionable as to whether tins standard, as written and comprehended, an be met. 631.7-A; This section n appears to offer a sound and workable guideline that can and should be the kundatioin for the entire ordinance and which Would guarantee an ordinance no which it is easyno comply and which is effective both in the desired resuk and in cost to administer. 631.7 -B: A maaimnm mounaing height of 36 feet is a reasonable standard and this height will be beneficial is m *Mi: ng the number of lights needed to ilhm inane a give area as well as enable mnlnIane roadways and other areas to be effectively and economicallyliL It also - provides the flaw" needed to provide the Proper l ghtung mounting height when I the grade at the light pole's location is significan* lower than the grade of the intended Mu ihm ion area (such as a roadway next to a steeps dowuabill bano. 6.3L12 -D The prohibition on. Mercuuy Vapor huninaires is of eoncaw. Memug Vapor lighting is the low cost opt for consumers based on the North Carolina. LARity . C,ornu i6sion -approwed-rate schetlnles. We ask that YOU I've enaiaa to the questions conorras, and rococo nendations offered in thus response to the lancet draft of ligmiag standards, We stand teadyto wok wsh the Cotpdy an dembp ng fighting stanchrds that Favahe satiety, seas , r &XMd T&Vtr and glare; and at a reasonable cost, while at the same time limiting the pwmaial legal 1"ity of the Town Please contact us ifyou la questions or o xwerns. Sinoandy, -.. • - - R,xi Osborne, P.E. - Dulee Power Canpangr Cagy: John Lick Jr. 2 P•3 , MAR 21 2003 12:35PM ORANGE COUNTY BOCC (919) 644 -0246 p•4 Dine Fovea E►ectricityNo.4 'Noah Cu mbna Fdieeoth Revised Leaf No. M SupelvAngNorth Caalim Fourteenth Revised Leaf No. 34 SCHEDULE PL (NL) STREET AND PUBLIC LIGHTWO SERVICE AVAILARRM (North Ca:vlies Only) Available Got the porpow of lighting mots, highways„ part and otter public places fcr MuniriA Cotmty Stutc; and Fe iedd Oovesama ts; at locations inside or outside municipal Bmft an the Company's dimrbudoo syAcm. This Scbe&b is not available for service to cacao -gov« tuncow entities. RATE: • (A) BR.AC3= MOURM LUMNA]RE9 p Xl�oighti k street l oting service using ovalteed conductors and Company staodwd equipment mounted an standard wood (1) The monthly rate per iamioairc will be as shown above plus .0523 cwt per Kwh for the hmHorted Xwb per manth. (2) Iarmimbe is ad evadable for new iostaBstion locaGmL Rate apprm to a Mog mmgWiems whicb ware m servirm before itebrnuy 3.1987. . (3) Lumemase is not avabtbb for new iaslaMdM iocatims Rate applies to ero5ting iusta hOoas which were in gervioe befoaeNawsmober12,199� (4) bataBed on SS4kxot wood pole. (a) 07mm LUbm")RES Demo ative aid aon- obmdmdlumiumba on be installed as request;, at the Company's t►pt M at Eve Win (A) above plat M e>;na monthly charge equal to 1.7% of the wftdcd mstoned cost difference between the hug>mgim end atructgrt regnceted, tm46tc egmvabnt hrmmaire and standetd pole. (C) UNDERatOUNDCRARM m AdMieoat monthly chugs for the undawound ceaduetor system: Fax hx rel O- IOOfat- 550 S3S 101- 200 fat 90 .75 over 200 feet ;90 plus S.07 for eackiammunt S.75 plan S.07 far each bm mtet of IO feet, or les% own 200 feet of 10 fact, or leas. over 200 foot (2) When the inslallttim mgnlrea the cutting and replacing of pnvenumt of more than ono drive or one walkway pat 3mviasi[e. 1.7% of tde codmsmd cart of this cutting and replacing of pavement wM be added to tbe' monthly chmgm above. . -(3) Whoa an imiWbdm is in an area served by a eonciate- eocesed duct tow% adfiifinal charges stated above will not ap* sad, intlesd, the eddand monthly charge win be 1.7% of the estimated coat of the =dngtoond cmdacror (Over] pa Month Per Landaaire .LMP Rn*g Inside Outside jm8 Kwh PQhftL Style hbal :imlLenits 0) MERCURY VAPOR 4"D 41 Sabmban S422 NA 7,%D 75 Suburban SA7 S.87 7,500 75 Urban 6.43 613 20,000 152 Urban BA7 8.87 $SAN 393 Urban 16AS 16.85 HIGHPRESSUBSSODIUM VAPOR 9,500 47 Sia:am 6A6 7.06 9,500 47 Ud= 7.72 8.I2 IUD* .56 Snborbm (2) (in suitablemercury fndure) 730 7.70 I6,m 70 UAW. LIS 853 27,509 104 Urban, 9.48 4.88 39AN I36 Urban (3) (in suitable merefty fatwm) 998 1038 5%m 136 Urban ! !35 1 1.75 140,400 .391 Ud m(4) 2235 22.65 METAL BAID1£ 40,009 155. Urban 14.10 1430 (1) The monthly rate per iamioairc will be as shown above plus .0523 cwt per Kwh for the hmHorted Xwb per manth. (2) Iarmimbe is ad evadable for new iostaBstion locaGmL Rate apprm to a Mog mmgWiems whicb ware m servirm before itebrnuy 3.1987. . (3) Lumemase is not avabtbb for new iaslaMdM iocatims Rate applies to ero5ting iusta hOoas which were in gervioe befoaeNawsmober12,199� (4) bataBed on SS4kxot wood pole. (a) 07mm LUbm")RES Demo ative aid aon- obmdmdlumiumba on be installed as request;, at the Company's t►pt M at Eve Win (A) above plat M e>;na monthly charge equal to 1.7% of the wftdcd mstoned cost difference between the hug>mgim end atructgrt regnceted, tm46tc egmvabnt hrmmaire and standetd pole. (C) UNDERatOUNDCRARM m AdMieoat monthly chugs for the undawound ceaduetor system: Fax hx rel O- IOOfat- 550 S3S 101- 200 fat 90 .75 over 200 feet ;90 plus S.07 for eackiammunt S.75 plan S.07 far each bm mtet of IO feet, or les% own 200 feet of 10 fact, or leas. over 200 foot (2) When the inslallttim mgnlrea the cutting and replacing of pnvenumt of more than ono drive or one walkway pat 3mviasi[e. 1.7% of tde codmsmd cart of this cutting and replacing of pavement wM be added to tbe' monthly chmgm above. . -(3) Whoa an imiWbdm is in an area served by a eonciate- eocesed duct tow% adfiifinal charges stated above will not ap* sad, intlesd, the eddand monthly charge win be 1.7% of the estimated coat of the =dngtoond cmdacror (Over] MFR 21 2003 12:35PM ORANGE COUNTY BOCC (919) 644 -0246 (961"6015 PL (NGj Cvntieue* APPROVED FM CE1A CIE 14D3USTMENT9 The Company's approved fad charge edjuatments, V say, pase nt to Notb Catarina Ganaral Soma 62- 1332, wM apply to al! service sapplied ender this St3edab:. The cnnendy approved adpstmgpts are Indoded b the Rate above. EXPLANATORY NOT&5 (1) The kwislistion of bredloet-roonted lmninaices in (A) above inclades the Company's 40 -foot, standard wood poles (a) Wood.poks longer than 40 fee4 or structures other than standard wood palm any be knalled for an cam monthly charge ognd to 1.7% of The estimated installed doss difference between the losainsi m and otmotores iaphested, and equivalent kmdnenss and atsudud poles, and mt* exun chaise shall not be loss rhea 55.39 per monk Per pob a• orbs c sk=tm. (b) 715 a Compauf s standard metal street 5ghtsag pole may be 6atalled for an extra monthly eharge of 5559 per month per pole. (e) The Company's standard metal mast -am pate may be installed for as extra mtmibly dmp of S559 plus 1.7% of The estimated nt tolled test diftenee between the requested pole and the Company's standard metal street 90tahs perk. per awndt per pok. no 9toodard meted asset -sins pole may be installed Wfthouta hsminaite for amobft charge of $736 piss 1.7% of the end installed cost differma between the requested pole and ft. Company's standard =&W akud fig abq (d) Standard wood poles end gays may be provided n tba same charges ae in (3) below when provided solely to support 1raft rignats. . (2) Service using overhead ekndodton ps not milable is any area designated by the Company as tmdapound distsibation we&. scar in any Took location. or pre ilm being served icon an vadwgtoaad somas. These will be no extra d mge for tmdargtowhd - aoadmon to la miuka butella in was whore the Company at its own option bas de terminad that anslargsnand d'tstnbadaat flha'litles should be installed. (3)For nun outside monidpal fim► its: Lecadon of the haminaire or laminaires in arias outside of munktW limits s1w11 be deaipnted by the Cosaemarbat the location nnaat be within the distance which an be %cwhod by a secondary Wagon £rose sloe Company's neatest distribution facilities. Sboa3d the number of poles in the secondary exfension regained to serve the hm kuae(s) exceed The narmba• of poke an which bran WAsotmted luminaires use bxk&d, a monthly chargr: of $1.78 pet pelt: shat! be made for Mich Www namber ofpola. Should 4he fostaWon inclade doaragays or spanguya, a chars- of S.63 per mouth per guy abell be mercer. Mm sous installation tequestoi sngaii -s a pdonny.exansion aokly to awn The fiminai ek an add'N'esal mdnddy ebatgre of 1.7% df slosh atimmed cast of the primary extension wO be made (4)Afl %cAW= necessary for =doe under tbht Schedule, incladmg fnatum. lampa, eouno* poles, berdware. tra aliotmem dondoexors, and odwappmkpaneas shall be owned and makdached by the Company.. - (5)Cbur marcary vapor lamps are standard ogaiproom in all meroary vapor lama► sires above. Color - improved lamps cm be mwliaad for en extra charge of 73 nests per lar4p per mbnth. (6)When two our ma >3 inmiinaites are installed on the came pole or other stracdste, the applicable monthly ebsages for each unto" other than dm fast will be reduced $ 1.78. (7) "Snbatbtta" lommakta are dafined as standattl NBMA -style f darea with raf uturs and vertueal•bgrmng Lamps. "!doom° bmk bas aka defined as'oAn-style" fi>ttnrea with enclosed rehactive or flat bases endlNe dvatTbbhuaiaglarnpe. PAYMENT 111111s radar shits Schedule are doe and payable on the date ofthc hill at Qhe office of the Company. Bi& are past due and delinquent on the flAaeath day aft The demo of tie blL ff my bill is not w paid. the Company has the rigout to suspend setvim >a addition, alt br1ls not paid by the taste day adtat ths'dat,e of the bill "lie =40at to a amt peree t (NA) late payment theme on the unpaid ameamt This hoe payment cbwp shall be renda red on The fallewing mosdh's bill and it shall bewmepatt at and be due and peyablewith, the bill on which it it reader & The on ' d tee cf ex a' may to from a minhaam of three years to a mss of 20 yam Contrasts wM a mliaae of r the ornal team tsmsil tamieeted by ether party m thity. days' wtitfea nofiee. and the Company may require a deposit not to exceed oaa4v if of due revenue for the anginal term. The deposit will be resumed at the and of the adglood Term, p mviftd the Customer has mat a6 p urisions of the ooatretd. Mai niam term of ooehad for *W& situations "be: (s) Three years fns all lammoaies designated as standard by Ste Company and bracket - mounted on Mtandartt poles. (b) Ten years for all bhminsi m desipaud n decoradae by the Company, and for alt standard hmmfineires mounted an s app Wo other thaws daodard wean poles, and for primary artendons solely serving the lominsii -s. (c) Twentyyeam for ell MmisWm or mappmft dedgaded as non4dmWkrd by t6eCongmy. North CataSna Fifteenth Revised Leaf Ka. 34 Etteadve fat service an and after ftly 1.2002 NCIX Doeltet Me. &7, Sob 708 Ordar dated lams 2S, 2002 ' P.5 3� MRR 21 2003 12:35PM ORRNGE COUNTY BOCC (919) 644 -0246 Dnloe Power file*idiy No. 4 1JMd1 Carolina Tbf"M&RVMM Lcd Wo. 32 Supeasedisg Nortb CtmQma. Twelft Rmwd Lwf W 32 SCHEDULE OL (KC) OUTDOOR LJORTM SMV1CB AVAII.ABUM (North Carolina Only) Avsilabk to the individual cts- r a for Hgihting ofpsivate outdoor am tt locationt on the Compass db tnbutioa system. Service under this Schedule may be withheld of diacontianed at the option of the Company. [LATE (A) BRAG M IKKM 8U LUMlNAIItP.S All -toga t otddocc liglt M service 2=9 COmPMAY a wbA egnVow t mounted on standard poke Per , And HmPok Served jamma KwhParMo. , ry gS Pala (riF21 x*,. F8k n lbdamagm m The monthly ate pee luodoiis will Was ahowri above nA— .0349 cent Per Kwh fordo indicated Kwb per moo& (2) For Iumitabas in vervioe before Novemba 12, 1991, tlo monthly rate is appiihable to e>iseg mats Wiw% ioclading poly, but does ootbdode adShonal seperaie charges. (3) Ltumimairs is act available for vtl E of Mack m dwajnt, amd odxt vebde therm (4) Lmminaire is jot available for mew inshllation bationa. Rate applies to sxk ft installations whkb ware in service. bdbwKbvembw 12,199L (5) Lwaintim is not avail" for new imstailatlon locations. Rate applies to st ioing indallations wMcb were in tntvice before September 17;1985 (B) O'YM LUM 411 Deootatm and nowgisndetd luminaires can be installod on request, at the Company's option, at the hats in (A) abovo pins an actra monthly clarp egn1to l .7% of the estimated diffatmcs in cost ithst W between the lmoinsits and s4vctuas requested and the egsivakat 1u+cc and wood pok in (A) above.. (C) UNDERGROUND CHARGES (1) Additional moasft t5hargo for the tmdarvand conductor system Feet Per Pole FwM0y bwd &ietn From Underground $s"a n COW ISO heel S.07 for each inoronaot of S.07 for each b=t m m of 10 feet, a leis„ ova 150 fat 10 fat, or kar. ova Mfeet (2) Wh= The installation requires—the—cuffing and replacing of pavement of mare than cote drive or one walkway per . hninaa 1.7% afibe estit ted cost of 6da ca fiagasd replacing ofpavemeat will be added so tiro charges above. (3) Whoa an installation is is an area served by a coaaadoomcased duct system, idM m d charges stated above will not apply mad. inslead do adddianal moodily damp will be 1.7'A of tbevWnkated cwt of One rmdwpoond conductor system. (4) An undagmtmd-ceedoct or system, up m 150 feet per pole, can be iod dled to an existing pole under the " Piiaior PbV Late in (A) above, fora additional moathiy cbgp of $4.05 par pole. For installations over ISO foot per pole, be clinger .under (C) m above vn-H apply is addition to the $405 &vge. APPROVED FUEL CHARGE ADRISTi EM Thu Ccaapraty's approved foal class, *m4nstments, if ow, pun ae nt to North Cardioa General Statrhba 62133.?. w� apply to all set— supplied under this Schednie. The wnmOy gop v"d adjasbamis w included in due Rave ttbm-e. (Ova) P.6 33 PJZRCUILY VAPOR 4,000 41 Post Top (3) S6.19(4) NA 513.00 7,500 75 Soudan 634 $12.04 16.09 20.000 152 [khan • -.933. ' .. IS.03 19.08 MGM MU St7R7B SODU M VAPM 4,000 21 PoatTop(3) NA • NA 13.00 91500 47 Snbmbaa 7.54 1324 1729 9.500. 47 Utbaa L59 1429 1834 13,000 56 Sabud an (in smtml& mercury fi once). 8.18(5) • NA NA 16,000• 70 Urban 9.00 14.70 18.75 27,500 104 Udsn 1035 16.OS 20.10 50,000 136 Urban. 1220 17.90 21.95 AMAL HAMS 40.000 155 Urban 14.95 20.65 24.70 m The monthly ate pee luodoiis will Was ahowri above nA— .0349 cent Per Kwh fordo indicated Kwb per moo& (2) For Iumitabas in vervioe before Novemba 12, 1991, tlo monthly rate is appiihable to e>iseg mats Wiw% ioclading poly, but does ootbdode adShonal seperaie charges. (3) Ltumimairs is act available for vtl E of Mack m dwajnt, amd odxt vebde therm (4) Lmminaire is jot available for mew inshllation bationa. Rate applies to sxk ft installations whkb ware in service. bdbwKbvembw 12,199L (5) Lwaintim is not avail" for new imstailatlon locations. Rate applies to st ioing indallations wMcb were in tntvice before September 17;1985 (B) O'YM LUM 411 Deootatm and nowgisndetd luminaires can be installod on request, at the Company's option, at the hats in (A) abovo pins an actra monthly clarp egn1to l .7% of the estimated diffatmcs in cost ithst W between the lmoinsits and s4vctuas requested and the egsivakat 1u+cc and wood pok in (A) above.. (C) UNDERGROUND CHARGES (1) Additional moasft t5hargo for the tmdarvand conductor system Feet Per Pole FwM0y bwd &ietn From Underground $s"a n COW ISO heel S.07 for each inoronaot of S.07 for each b=t m m of 10 feet, a leis„ ova 150 fat 10 fat, or kar. ova Mfeet (2) Wh= The installation requires—the—cuffing and replacing of pavement of mare than cote drive or one walkway per . hninaa 1.7% afibe estit ted cost of 6da ca fiagasd replacing ofpavemeat will be added so tiro charges above. (3) Whoa an installation is is an area served by a coaaadoomcased duct system, idM m d charges stated above will not apply mad. inslead do adddianal moodily damp will be 1.7'A of tbevWnkated cwt of One rmdwpoond conductor system. (4) An undagmtmd-ceedoct or system, up m 150 feet per pole, can be iod dled to an existing pole under the " Piiaior PbV Late in (A) above, fora additional moathiy cbgp of $4.05 par pole. For installations over ISO foot per pole, be clinger .under (C) m above vn-H apply is addition to the $405 &vge. APPROVED FUEL CHARGE ADRISTi EM Thu Ccaapraty's approved foal class, *m4nstments, if ow, pun ae nt to North Cardioa General Statrhba 62133.?. w� apply to all set— supplied under this Schednie. The wnmOy gop v"d adjasbamis w included in due Rave ttbm-e. (Ova) P.6 33 ti CL to It N 0 m m U U 0 ar Z a U W M z O E tL M a 0 N N d E 0 Ig ail go � , =� jAs IL log A C9 Fj th Pt ,�, • a -� .. w E ='• °`• C a 8 P 8 .�. lit MRR 21 2003 12:36PM ORRNGE COUNTY HOCC (919) 644 -0246 Deere Power Electricity Nm 4 North Carolina Sixteenth Ra" edLrafNm 30 Superseding North Caraliaa Fiftaath Revised Leaf No. 30 SCHEDUE FL (KC) PLAODUGWMG SERVICE AVAILARWY (Nodh Carolina Only) Available to the individual customer at location on the Company's distn`bRvion system which, m the Compsay's opinion, permit the Use of hucke 43" etp7ipmaat far installation and servicing of facilities. Service under this SchKh& maybe withheld car diwoudousd at the option of the Company. RATE: (A) BRACKET-MOUNTED LUM NATRES AU -night outdoor lighting service using Company standard Numment $haunted on at wdard poles: Per Month Fer Ltmomuaire Ed Llb ZZ U . Abdd . Ewing lie (11[21 �3ewPde/1) 1� —� $ HIGH PRESSDB$ SODIUM VAPOR 16,000 70 Floodlight $ 11.01 $16.71 520.76 27,500 104 Floodlight 12.66 20.16 2421 50,000 t56 Floodlight 13.68 21.18 25.23 AWAL HALIDE 40,000 155 Floodlight ' 15.45 22.95 27.00 (1) The monthly rate per l uminaure wi[l be as abowu above phn .0523 cW per Kwh for due indicated Kwh per month. (2) For luminaires in service before November 12, 1991, the monthly rate is applicable to existing installations, including pole, butdoes not kmb& aay-*ddif wd separaee chargca. (B) UNDERGROUND CHARGES (1) Additional monthhly charge for the underground eoodactor system: Fret Per Pole EMa andlo d over 150 foot S.07 for each incranent of S.07 for each increment of 10 foes, or lesd,'wa 150 ferret 10 fat, or less, over 150 feet (2) When the iattdWon requires the culting and replacing of'pavemart of more them one drive or coo walkway per hmainsire, 1.7% of the estimated cost of thin coming and replacng of pavanmt will be added to the moesti charges abase. (3) When an installation is in an area served by a conu;ewmeased duct system, additiahal. charges stated above will sat apply and, instead, the a Monal monthly charge will be 1.7% of the ca heated oast of the uadm- gro nd systm (4) An underground conductor systm up to 150 fleet pa pole, can be ksmlled to an existing pole hmdor the "ExistQUg Pole" rate in (A) above, for an additional monthly charge of $4.05 per polo For installations ova 150 fief per pole,•6he dhwg% -w*r (1) (I) above will apply in addition to the $4.05 charge. APPROVED FUEL CHARGE ADIUSTLIEM . The Coa>paa3rs aplsroved feast charge a*Mft=ts, if any, PWMW to NOM Goa GeueW Statnbe 62- 133.2, welt apply to ad soffm supplied ender 43his Scheduia The currently approvcd adjustments an included in the Rafe abaft. EXPLANATORY NOTES . ¢}Lamps will born &w apptnaaimately ace baMhom after sunset until apps mmatalyace half`hour before sunrise. The Company will readily replace burned-oW bmVs and adharwim maintain the humnaires during regular daytime woridng hours following nodficadoan by the (2) Luminaires will bo installed only on Compau}r-owned poles and all facilities necessary far service under this Scheduk, including Sxiuce0. lamps, controls, poles, hud%wm transfaatnets„'oondamM and other appurtenances aihell be awned and Eby die Czww. (3) Eq kmmt (such as d6scounceft n0chn) not supplied by the Company as standard is not available under this Schedule, and shall nd be installed by Ste Customer. (4) This Scbe&& is not ava mbla for seasonal or other part Halite operation ofoatdoar la nioaires. (5) Service using ove:rboad conductors is not available in any area designated by the Company as underground c8siaif - a w-m nor in any area, location, or prenism being am-nA frown as undesgmund source. (over) ' p.8 35- MRR 21 2003 12:37PM ORANGE COUNTY HOCC (919) 644 -0246 P.9 (Schedule FL M Cca:t mwm - (6) Wbam two or more laninsim mere installed for service before NwmiA r 12, 1991 ob the same pole or other strudiuM tlm app6emMe ntoafhly edesrges fix each lum m m other tbm the first will be rtxloced $1.78. (`7ry wood poles longer than 40 feet or straexures other than standard wood poles may be installed for an settle mthly charge equal to 1.7% of the saluted installed cost difference I>". vmm the rc4ucsW pole or swwwre and a standard Rood pale, bd not less than $5.59 per month per pole or strerckm (g) ExambWre locafions"be designated by the Customer, and when'mly an extension of secondary Mlitie s is regained from the nearest dish-ftntion soarer, the rate per haninatre in (A) above shall apply. Whm the number of required polar exca* fhe.atieehber, of luminaires negnestmi. a monthly charge not leas than $1.78 per asndard wand pole shall be made for luminaires installed for service beore Numnbcr 12,1991. A rm ft charge of $5.70 per standard pale shall be-made for luminaires installed for service after November 12, 1991. When any mstaWtiaa requires an extension of prkwy facilities solely to serve the kuninair+ea, an additional monthly ebarge equal to l.7°R of the esibmalmd cost of Ere primary cwtcasion shall be made, Should any iastsllsliou require guying ofsaaulary facilities, a charge of 63 cants per month per guy shall be made. PAYMENT Wk under this Schedule one due and payable on the date of the bill at the office of the Cmnpmy. BWx art past due and ddh gnmt (a tip 58eenth day after the date of tla bill. If any bell is not so paid, the Company has else right to mnpmd w-Acm la addition, all hills not paid by the tonvnty - day of the; date of the bell shall be su*a to a are Percent Q%) left payment change on the unpaid amartat. This late payment charge s1rs11 be rea imed on the following memth's b0l and tt shall booms part of and be due and payable with% the bill on which it is nbdstid. CONTRACT PERIOD The original term of contract may be f vm a minimum of three years to a maximum of 20 years. Contracts will continue after the original term until dm m tad by either party on thiQty days• written notice;. and the many may recimea do pwk not to enced ono batf of the savories for the w4 *W tam. The deposit will be returned at the and of the origittel mom, pnvvided tht t WMW has met an p MVWons ofthe cm ttact. Mmim= term of contract Ew spwifie . si4aatiem8 $ban be: (a) Itree, years for all luminaires designated by the Company as standard and bash et-vnowftd on standard POIGIL (b) Tan years for all huninaiars mated by the Cm Veny as deoccudve, and ft all standard luminaires mounted an supports other than standard wood poles, and for primary e3etettsiorts n$* serving the batmivairas,. , (c) Twenty years for all hummiret or v gVaets designated by the Camp" nom-standwA North Caro ma Sbftmth Revised LeafNt , 30 Effective far smice rendered on and em July 1, 2002 NCUC Dodoot No.. P7, Sob 708 Order lobed Am 25,20M to Orange Carla Thames NCDOT Response County Outdoor t �ghting Standards Page From: "Chris Haire, PE" <chaire @dot. state. nc.us> ✓� To: <cthomes @co.orange.nc.us> Date: 3/25/03 4:39PM Subject: NCDOT Response to Orange County Outdoor Lighting Standards Carla: I was asked by Mike Mills, PE, Division 7 Engineer to review and comment on the Orange County Outdoor lighting Standards that are to be amended to the Zoning Ordinance of Orange County and presented to the Planning Board on March 26, 2003. Comments from the Special Design Section of the Design Services Unit are listed below. Under 6.31.2 "Definitions" add — AASHTO: American Association of State Highway and . Transportation Officials. Under 6.31.5 "Submittal Requirements" add -- Roadway lighting installed on state maintained roads must meet AASHTO requirements for light levels and uniformity. Roadway lighting submittal requirements can be obtained in the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights of Way". The NCDOT's standard 2' -6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered to be a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and Streets, 2001. Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. Under 6.31.6 "General Standards For All Areas" item "I." add -- If any street will be taken over by NCDOT for maintenance, roadway lighting must meet AASHTO requirements, and must be installed and maintained according to the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights of Way." The NCDOT's standard 2' -6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered to be a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and Streets, 2001. Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. If you have any questions concerning these comments please give me a call at 919- 250 -4128. Thanks, Carla Thames,. NCDOT Response.to Orange County Outdoor Lighting Standards Page 2 01 Chris Haire CC: Mike Mills <mmills @dot.state.nc.us >, 'Tommy Cozart, PE" <tcozart @dot.state. nc. us> 39 MINUTES ORANGE COUNTY PLANNING BOARD APRIL 2, 2003 ORDINANCE REVIEW 6:00 -7:30 P.M. ORDINANCE REVIEW MEMBERS PRESENT: Nicole Gooding -Ray, Chapel Hill at Large; Hunter Schofield, Cedar Grove Representative PLANNING BOARD MEMBERS PRESENT: Jay Bryan, Chapel Hill at Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel Hill at Large; Rachel Preston, Eno Representative; Noah Ranells, Bingham at Large; Theodore Triebel, Little River Representative STAFF PRESENT (ORDINANCE REVIEW): Craig Benedict, Orange County Planning Director; Robert Davis, Current Planning Supervisor, Planner III; Tom Altieri, Comprehensive Planning Supervisor, Planner III; David Lentzer, Planner II; Carla Thames, Planner I; Tom King, Planner II AGENDA ITEM #1: APPROVAL OF MINUTES a. December 18, 2002 — Ordinance Review MOTION was made by Hunter Schofield to accept the minutes. Seconded by Nicole Gooding - Ray. VOTE: Consensus AGENDA ITEM #2: ITEMS HEARD AT THE FEBRUARY 24, 2003 PUBLIC HEARING a. Outdoor Lighting Standards Text Amendments Presenter: Carla Thames PURPOSE: To provide a recommendation to the Board of County Commissioners regarding Outdoor Lighting Standards. BACKGROUND: Presently, the Orange County Zoning Ordinance does not have any outdoor lighting standards for new or existing development. Generally, the lighting information that the County reviews has been submitted as part of the site plan approval, limiting oversight to those projects requesting a construction authorization. As development and population numbers increase in the County an effective lighting standards ordinance that reflects community values can be an important component in helping to maintain a high quality of life. On occasion, the Planning Department receives complaints that specific lights exceed the brightness necessary to accomplish a particular task. Without clear standards, enforcement action is limited. In these cases, persuasion is the chief enforcement tool and generally has a low rate of success. More recently, there have been concerns about the general loss of darkness during the nighttime hours. `Light Pollution', the common term for sky glow, adversely affects astronomical / 1 observations of stars and also reduces nocturnal activities of various nighttime species. Without effective regulations, the detrimental aspect of wasteful, intrusive lights will continue to reduce darkness at night. Another often - overlooked economic benefit of having outdoor lighting standards is the energy efficiency savings realized. Many of the most commonly used lights are expensive to install initially, plus have higher operating costs ongoing. Outdoor lighting standards that promote the use of efficient, yet adequate lighting can result in substantial cost savings for the private sector, while simultaneously promoting energy conservation. Finally, properly installed and maintained lighting acts as a deterrent to crime and will result in increased security for residents, businesses and visitors in Orange County. Information/Issues at Public Hearing on February 24, 2003 • Request information on where the flood light standards were derived from Flood light standards are based on research of other effective lighting regulations. • Requested an example of "temporary lighting" - The annual Efland Rodeo would be one example of when temporary lighting is necessary. • What is the cost of amortization or shielding of existing lights? The cost of replacing existing fixtures will vary depending upon the exact type of lighting fixture being utilized. In cases where mercury vapor lighting is being discontinued, cost savings of up to 67% annually will more than exceed for the cost of the up -fit. The price of shields varies from approximately $15.00 to $50.00. If an electrician is required to install these shields, the cost of a service call must be included which should range from $75.00 to $150.00, depending on the application. • Condition that requires solar lighting for subdivision signage. • Request information on the cost of inspecting lights. - This ordinance is structured in such a way as to require documents establishing compliance prior to installation of lighting fixtures. Should a complaint be filed regarding lighting issues, a staff Planner will visit the site in the evening to measure foot - candles at the property line. A light meter will be required and costs approximately two hundred and fifty dollars. • Legal opinion requested regarding whether or not the County has the authority to regulate publicly funded streetlights. • Request the Chamber of Commerce be notified and given the opportunity to review and comment. The Chapel Hill/Carrboro Chamber of Commerce received a copy of the Outdoor Lighting Standards on March 24, 2003. We are awaiting comments. Process • Public Hearing on February 24, 2003. • Commission for the Environment met on March 10, 2003. • Ordinance Review Committee on April 2, 2003 • Planning Board to make recommendation to BOCC. - Planning Board shall make a recommendation within 3 regularly scheduled meetings. 2 41 If Planning Board fails to make a recommendation within the allocated time, the application shall be forwarded to the BOCC without a Planning Board recommendation. BOCC makes final decision. RECOMMENDATION(S): Planning Staff recommends APPROVAL of the proposed Amendment. Carla Thames presented an overview of the proposed Ordinance Thames: Our ordinance as it stands now has a reference that requires to submission of additional documents to include lighting. Lighting plans do not have performance standards for review. Several goals that we are trying to achieve with the Outdoor Lighting Standard are promoting energy conservation, reducing light pollution, and preventing light trespass onto adjacent properties. Discuss Information/Issues at Public Hearing on February 24, 2003 ". Requested information on where the flood light standards were derived from. Requested an example of "temporary lighting What is the cost of amortization or shielding of existing lights? Benedict: Instead of mechanical shields, the lights may be painted which may not be completely effective but may be an interim solution. Gooding -Ray: Is there any way we can do this before the fixtures go out? Benedict: That-is something we could explore. Thames: Condition that requires solar lighting for subdivision signage. Solar lighting is not in the plan yet. Request information on the cost of inspecting lights. Legal opinion requested regarding whether or not the County has the authority to regulate publicly funded streetlights. One of the Commissioners suggested we incorporate that into the plan only in subdivisions. The original standards exempted streetlights but DOT requested that we comply with their standards that they be included. Request the Chamber of Commerce be notified and give the opportunity to review and comment. Benedict: Our proposal will be where we do have clear authority we will ask for these new standards and where there is unclear authority, we will have a section of the ordinance that says "in these other situations, we suggest or strongly encourage the use of these standards mentioned by these other authorities ", such as Duke Power, DOT, etc. Thames: One area of the ordinance that allows upward lighting is for the US Flag in cases where it is not taken down at night. I need find the definition for a governmental flag? Triebel: Concerned that the seasonal decoration sections allowed too much time. Gooding -Ray: Changes to 6.31.4 D, H and a definition of a governmental flag. We also need a definition of "upward ". 3 Benedict: We would like to put something in place to have this done with new subdivisions before they are approved. An informational booklet given to the contractors in the area would be possible. b. Enforcement Procedures Text Amendments Presenter: Tom King PURPOSE: To make recommendation to Board of County Commissioners regarding proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties of both Ordinances. BACKGROUND: Orange County's Zoning Ordinance and Subdivision Regulations both contain enforcement provisions, Article 23 and Section VII, respectively. Zoning Ordinance Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below) available for enforcement of the Ordinance. These methods may be used individually or in concert. The current Ordinance does not provide detailed procedures with regard to general violation notification process. • Criminal Action — Offender guilty of Class 3 misdemeanor punishable by fine of no more than $500.00. • Civil Penalties — Offender subject to penalty of $100.00 after notice sent to offender and demand for civil penalty payment made by BOCC. Penalties accrue daily. • Injunction and Abatement — Zoning Officer may ask Court of competent jurisdiction to prevent violation from continuing. • Stop Work Order — Zoning Officer may post and issue Stop Work Order to compel offender to cease work and bring property into compliance. PRESENT ORDINANCE PROCEDURE MANDATES THAT THE BOCC, BY RESOLUTION, MAKE DEMAND FOR PAYMENT OF CIVIL PENALTIES AFTER NOTICE OF SAID CIVIL PENALTIES HAS BEEN COMMUNICATED TO THE OFFENDING PARTY. THE DEMAND MUST BE MADE BEFORE THE ZONING OFFICER OR THE COUNTY ATTORNEY MAY TAKE ANY COLLECTION ACTION. STAFF HAS PURSUED CIVIL PENALTIES PRIOR TO INSTITUTING ANY OF THE OTHER REMEDIES LISTED ABOVE, WITH THE EXCEPTION OF STOP WORK ORDERS. THIS PROCEDURE IS TIME CONSUMING AND, GIVEN THE HIGH NUMBER OF VIOLATIONS THAT STAFF RECEIVES THROUGH OUTSIDE COMPLAINTS, REQUIRES SIGNIFICANTLY MORE TIME BEING SPENT ON PAPERWORK THAN ON ACTUAL FIELD INVESTIGATIONS AND ENFORCEMENT. The proposed changes in the Ordinance revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The amendments also authorize the Planning Director /Zoning Officer to pursue the collection of unpaid civil penalties without BOCC intervention while, at the same time, maintaining BOCC oversight through the County Manager's Office. Subdivision Regulations 4 E OWQ- ac,©3 -CD31 9� c. Outdoor Lighting Standards The Board considered closing the Public Hearing and making a decision regarding the adoption of the Outdoor Lighting Standards amendment to the Zoning Ordinance. Planning Director Craig Benedict said that this amendment would enable the County to have standards for new development for lighting in the County. There were many comments at the public hearing. There were three areas that were difficult to consider in the administration recommendation. These areas had to do with requiring amortization for existing single - family homes; holiday decorations (Planning Board recommends setting time limits on holiday lights); and another amortization system for existing commercial, industrial, churches, and governmental buildings. They propose not having it in the ordinance at this time, but just beginning a public education campaign for residential and non - residential existing properties to discuss the benefits of changing the lights out over a period of time. Craig Benedict said that Duke Power requested that the County not prohibit mercury vapor lights, but it is still recommended to be prohibited because it is the least energy - conserving fixture. Commissioner Jacobs asked that governmental flags be defined. Commissioner Jacobs referred to the issue that is addressed in 6.31.11 and said that he thinks there should be some statement regarding unnecessary lighting that is not due to security and that this should be discouraged. If the point is to bring attention to the building, it is wasteful. Commissioner Jacobs said that he understands not wanting to get into the single - family retrofitting business, but he would still like to have a conversation with the power companies where we do encourage the power companies to work with people to put in shielded lighting. Craig Benedict said that they have pursued this and they are getting favorable response from the power companies. Commissioner Gordon made reference to page 7, applicability, and that item B says that all outdoor lighting fixtures are to be amortized within 10 years. Craig Benedict said that item B should have been pulled out. Commissioner Jacobs asked where subdivision signs were regulated in the document. Craig Benedict pointed out page 9 under general standards. Commissioner Jacobs said that he is concerned that it is not really addressed specifically. Geof Gledhill said it could be a condition of approval to not permit lighted signs in subdivisions as part of the subdivision review process. Craig Benedict answered several clarifying questions. In answer to a question from Chair Brown, Geof Gledhill said that new lighting fixtures on existing homes after this ordinance is adopted would have to comply with these requirements. Commissioner Halkiotis asked who is going to police this and Geof Gledhill said that it will be caught or not in the building permitting process. Commissioner Gordon said that the staff should look this over again just to be sure that nothing was left out or kept in that should have been left out. The Board agreed to table this item to the next meeting as a consent item. d. Aaaointments (1) Adult Care Home Community Advisory Committee The Board will consider the appointment of two (2) members to the Adult Care Home Community Advisory Committee. (2) Board of Health