HomeMy WebLinkAboutAgenda - 06-17-2003-9cORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 17, 2003
Action Agen a
Item No. - G.
SUBJECT• Outdoor Lighting Standards Zoning Ordinance Amendment
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
1. Proposed Ordinance
2. Draft Public Hearing Minutes -
2/24/2003
3. Comments from Commission for the
Environment
4. Comments from Duke Power
5. Comments from NCDOT
6. Minutes from 4/22/03 Ordinance
Review
PUBLIC HEARING: (YIN) No
INFORMATION CONTACT:
Craig Benedict, Director, ext. 2592
Robert P Davis, Planner III, ext. 2580
Carla Thames, Planner I, ext. 2603
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
PURPOSE: To close the Public Hearing and make a decision regarding the adoption of the
Outdoor Lighting Standards amendment to the Zoning Ordinance.
BACKGROUND: This proposed amendment was heard at the February 24, 2003 Public
Hearing and referred to the Planning Board for a recommendation. The BOCC requested that
the Commission for the Environment (CFE) be included in the review process of the proposed
ordinance and that the CFE submit their comments and recommendations to the Planning
Board prior to returning a recommendation to the BOCC for consideration. The Ordinance
Review Committee (ORC) and the Planning Board discussed the amendments at their April 2,
2003 meeting and continued until May 7, 2003. After receiving comments from the CFE
(attached), the Planning Board, at its May 7, 2003 meeting, recommended approval of the
amendments.
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
observations of stars. 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.
Process:
1. Issues/Staff responses to comments from 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
- Provisions have been included in the proposed section to require applicants to show
consideration for energy conservation initiatives.
• 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
footcandles at the property line. Alight 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
- In the case of a proposed subdivision with street lighting, the approval of said lighting
shall be conditional upon meeting the requirements of this section. Staff has also
incorporated comments from the North Carolina Department of Transportation
(NCDOT) into the standards to have consistent installation regulations.
• 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. To date, no responses have been received.
Summary of comments from Duke Power Company
a. Define "inoperable" as situations requiring complete replacement of existing facility
b. Not require submittal of lighting plans for all applicable lighting installations due to
additional burden on applicant.
c. Allow flexibility in footcandle maximum standards at property lines where owners want
to share an area light.
d. Clarify statement with regards to light emitting surfaces visibility.
e. Support use of cut-off luminaires as basis for regulations.
f. Support 36' maximum mounting height.
g. Do not prohibit use of mercury vapor lighting.
Summary of comments from Commission for the Environment
a. Exempting single-family residences is a shortcoming of the regulation.
b. Provide method for retrofitting existing fixtures rather than amortization.
c. Create a design guideline companion document for use by the public.
d. Clarify the term "governmental flag".
• Summary of comments from NCDOT
a. Include definitions, submittal requirements and performance standards consistent
with DOT regulations for street lighting.
2. Information/Issues from Ordinance Review Committee review of amendments on April 2,
2003 and May 7, 2003
• Possibility of requiring amortization of non-conforming residential lighting fixtures.
• Request from Committee that seasonal decorations be defined and regulated
• 10-year amortization for nonconforming non-residential lighting.
3. Planning Board voted 8-1 to recommend approval of the Outdoor Lighting Standards with
the changes discussed during the Ordinance Review meeting as outlined above.
4. BOCC to make decision no sooner than May 20, 2003.
FINANCIAL IMPACT: Equipment necessary for light measurement and height of poles
measurements will cost approximately $750.00 and has been provided for in this year's budget
and, if necessary, in next year's budget. There will be additional demands on staff for review
and field enforcement of this amendment.
RECOMMENDATION(S): Administration recommends APPROVAL of the attached
ordinance amendments without the three provisions recommended
by the Planning Board.
Planning Board recommends APPROVAL of the proposed
amendments with the three additional provisions:
1. Ordinance apply to all uses, including single family residential.
4
2. Seasonal/holiday lighting is restricted between the hours of 12:00
am and 6:00 am.
3. Ten (10) year amortization of non-residential lighting fixtures.
Planning Staff recommends APPROVAL of the attached
ordinance amendment.
•:~ The amortization proposal for non-residential (Planning
Board #3) may be feasible in the future if a lighting inventory
is created. Prior to that, an education campaign is
suggested.
5
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 curtaiN 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 '/z)
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 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.
Luminaires 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 NCDOT 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
q
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.
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
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
i~
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.
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 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 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(8).
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
facade, 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 upon 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 day of
.2003.
SEAL
Clerk to the Board of Commissioners
1 ~RA~ ~~
T
1 MINUTES
2 ORANGE COUNTY BOARD OF COMMISSIONERS
C
3 NTY PLANNING BOARD
4 ORANGE COU
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. Brawn, 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 S sAe and GweN Harvey and Clerk to the Boards Donna SS Baker All other staff
16 Managers Rod V
17 members will be identified appropriately below)
1 g PLANNING BOARD M GMoB~RSTedETr ebel, Rachel fP~eston, Howard M Adams, Maria ay
19 Bryan, Barry Katz, Cra
20 Tadd, and Renee Price
21 PLANNING BOARD MEMBERS ABSENT: Vice-Chair Hunter Schofield
22
23 NOTE: ~ ALRMOANENT AGENDA FIRLE NTH CLERK'S OFF CE. ARE IN THE .~
24 PE
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 17'") would be delayed. Item 9-a regarding the school systems merger will be
30 delayed until March 5~'. Also, items 5-a and 6-a will be addressed March 5~'. The closed
31 session will also be addressed on March 5~'.
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 i 5
~ a ~ T
1 .Craig Benedict Director nranae County Plannina Department:
2
3 "My name is Craig Benedict, Orange County Planning Director. Tonight we will e
4 addressing four items. The first three items are closeld re ated to enfo~cemeOnt provis ons that st
5 item is a subdivision amendment which is very Y
6 are noted in the zoning. So, we have itemsOne forlsubdivhsion and one forzon ng ~I be talking
7 about tonight are enforcement provisions
8 resentation tonight here at the podium. We have
g "What I'm going to do is start off my p
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 as
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 s reams
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 t e
23 outdoor lighting
24
25 "My staff will get the people who have signed in for the public hearing and ! o
26 understand fhaf 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 a
29 due speed with all proper comme { k nt a look at toneght s outdoordl'iyhting standardsmThis is
30 tonight. The first item that we are 9
31 something that has been put together baserd e n the area, from thetCommiss on forBtherd, from
32 the citizens that see new developments co
33 Environment who has also taken upetaindards are jusglim t d to' our economic developmentre
34 talking about presently are existing
35 districts. And even within the economi od{hatlnatuee.t Werw II tahk about the proposed ences to
36 where the lights are located and things
37 standards, we will talk about not just ligt t~k about what th snmeansewhen younchange egulafions
3g that is involved in lighting. And we will
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 9u nformaf ohn when we review s to plansatiMost rural
43 necessary. And so we have asked for th
q.4 subdivision are not putting fighting in the ke ssure of the fight sp IS s agminimum` And iastl rural
45 subdivisions, but if they do we want to ma
46 mentioned economic development dThe amount of the light sp U thattcomes m dill ~ent areas of
47 standards do a few different things.
4g the county if the lighting standardst sre that apot of people enjoy. a certain amount of sky glow
49 and it can damage the typical nigh kY
50
3 ~ Ib
a
1 "This light pollution t think a {ot 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
3 Carrboro in the distanceaham'g It was a smallocalyddealerslhip out inlWhite Cross areanthat
4 Burlington, it can't be G
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 hearirig 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 exa oPl~e who ma the li l afterwardsres that are out there and some of
21 the costs that accrue to the p p P Y
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 attempf 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'/2 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 '/z 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 properly, 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
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51
~~~~
4
"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, if 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.
n
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 fife 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
5 ~ ~ ~. '6
1 to be trying to look at. And the way this works is like all thvel of the fixturearAnd sotl orllight-off
2 fixtures. Basically they do not let the light go above the le
3 pollution purposes that keeps the light e{ f O~t endi Is up ncthe ky and also saves you a~whole
4 the fixture off the pavement and keeps ~ 9 g o back a
5 lot of light, saves you a lot ofVeo '~ waA to put outhn this parka g lot instea'dhof t ese acorns that
6 couple, and this is what you
7 basically emit light almost 360 degrees just spray it up in the air.
8
9 "The 3~d one which shows that even for a regular parking lot you can put a fixture in a
10 box so that if you are back far enough swan either from above or these k nd lofhnte'9nally 9t ing
11 down. Then you have two options for a s g there are a bunch of them at
12 signs that work really well. Then there are the bad fixtures,
13 Easttown, then the wall pack, #2, If driving down 40, look behind Harris Teeter Chapel Hill
14 North, the whole highway is lit up by these things.
15
16 "And then you can get the totally ugly effect, which you can get by driving straight bac
17 towards Chapel Hill, just as you coe en th 5vcountry where~they do not have a comprehensive
18 pollution is a problem m most pla
19 Ordinance and that includes Orange County.
20
21 "So we have got a good start on the Ordinance. Then given that it is kind o a no-
22 brainer, all you want is light where eciate the work tha has already gonea nto~that'nFor this to
23 moving right along and I really app
24 actually be a success this is kind of likesa ctolnstin thehtowns and at the unive sity would be'ng
25 the same things happening m other fur
26 something I wou{d want to motivate. So t thhs and cou d get omeluniformity on theseuth ngsde
27 working group for a little while working on
28 that would be great.
29
30 "One thing just occurred to me, it is possible to even light ball fields and things t a you
31 would think would just have to create thisS like that Irehtty tolerable inghe neighborhood t Soywe
32 can make even ball fields and big facilit e P
33 can actually bring back the stars in to S Hess. And I know t takes'a while foblOrdinanlc sand the
34 astronomers were being put out of bu
35 life-cycle of these fixtures to go th facgif tiesUtoes, I thi k th t sesometh ng thatrcan just'betdone
36 pollution approaches m all county 9
37 by the people that are planning the facilities.
38
39 "And I would realty encourage that and the last thing that I want to ask for is that we ge
40 a referral on this Ordinance so that we can take a look at it officially for the Commission for the
41 Environment.
42
43 "And on a completely different topic,these CDsroverl the~e thatOwere aCesul o that (five oar six)
44 grant last year and there ~s a pile of
45 and they are for you all. Thank you very much.°
46
47 Bill Walser. "Hi, I am Bill Walser, a resident of Orange County. I am alife-time member of the
48 International Dark Sky Association which basically made the presentation. I am an amateur
49 astronomer, I have a private observatory just off Dodson's Cross Roads where I do deep space
50 imaging. It's a university quality facility and there are a number of other amateur astronomers in
51 the area, who until just recently have enjoyed very dark skies.
6
~~~~ ~~
1
2 "As the staff said, the last five years have been brutal on the sky. I came in tonight o
3 encourage you to see this Ordinance this beino heavpytdevelopede It is suchaatsimple problem
4 Orange County as the rural buffer zone g
5 to solve as Mark said.
6
7 "The idea is simply to have people buy fixtures that light what they want lit. You look a
g these domes of light that half of the light is going up into space, that is just energy that is
9 wasted.
10
1 l "The first night that Carrboro turned on their new Municipal home, I thought Carr oro
12 was burning down from my little property, which is about 12 miles away because of the huge
13 dome that it put up that was not ther b e~ N9 st at feast thank God Carrboro d'dn'tburn down.
14 immediately recognized what the pro
15
16 "But that's why this is so important; it just takes a few lights with excess energy being
17 wasted with this tremendous wattage going up into the air, particularly during the summer
18 season, where humidity is high in the air, you tend to trap all that light and the moisture and it
19 produces these fight domes which are as polluting as if you had put chemicals in the water to
20 the air. Fortunately it is much simpler tan oin the~counbry hashfixtures thatoconforrn to aolarge
21 because every major light fixture comp y
22 number of these Ordinances all other the country.
23~
24 "And so it is not even a problem of shopping or finding the right thing. Every one of them
25 make confom~ing and non-conforming fixtures andsta lot of moneye So thereoare very few is to
26 specrfy conforming fixtures and it saves the tenan
27 people who find a problem with it and teo pe arece ng hard to be Pesplonshble albout enlergyo
28 find a problem with it and even those p p ffY
29 savings and it is a very tough argument for them to bring up other than trying to preserve.
30
31 "You know in a lot of jurisdictions they make a quick retrofit and that is a big prob em.
32 Here, the Ordinance is not proposing a retrofit until the particular fixture needs to be replaced.
33 So. it is all just going forward and that is why it is so important with the development that is going
34 on in the county.
35
36 "So I felt like I needed to come forward and encourage all the people involved with this.
37 And I have say the staff of Orange Coun nd ~ookine at the eng'meering aspects of i and looks gt
38 Ordinances in other parts of the country a 9
39 at the basic common sense application of it without going either overboard or not having an
40 effective Ordinance and I hope that in some form similar to the draft it will get eventually
41 accepted. Thank you."
42
43 Ron Osborne: 'Thank you. My name i siRon 0th Duke Powe s that I am the EngineeringDu e
44 Power regarding the Ordinance. My Po
45 Supervisor for the Durham, BurlingtounChAlamalnlce County, partshof Gu Iford,pcountiesllto the
46 Orange County. Most of Durham Co ty,
47 north and south and everything. I wanted to lead off by saying that I am heartened by the
48 actions the County is taking with regard to light pollution and light trespass and I think that
49 something that needs to be addressed probably in most jurisdictions. I applaud Orange County
50 for taking a look at it.
7
Q~~~.
1 ao
"Duke's interest in this is to make sure that th s0 A d toh ate d,landlto the ntent oft
2
3 equate to compliance, which will equate to effectivene
4 trying to limit light trespass, the remarks that ecedine srealkersare geared. Let me just say a
5 couple of things because I appreciated the pr 9 P
6 business is to look at lights all the time whenever I'm
~ "The first thing is that part of my
8 ridin down the road so I know how everybody feels w teare Great g probtlemsb Andlit 9 relatvely
9
9 you start looking up. And I do see lights all the time t a
10 simple to fix them. And I think that the Ordinance can address that.
11
12 "The other thing that 1 want to mention because I found some common 9r1;ve been upn
13 rural Alamance County, not far from what is called "Three College Observatory.
14 there a couple of times with my children to oserv ni ht The moisturetinethehaipdoesocatuse a
15 problem. It is getting worse, especially on a ggy 9
16 problem. And if you go out and look, you'll probioelk at the h'ghway light ng down 185 you ook at
17 unfortunately, are governmental agencies. You
lg the fighting over different municipalities. And eluded'nAndbagainugapplaudtOrangle Colunty
19 municipalities and governmental lighting is
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 "I 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 lighfing
28 applications. This is of concern to Duke Powen in nfor a erything to be submitted and rev ewed.
29 lighting and everything, it is going to be cha g g
30 I'm not saying it cannot be done, but the burdeno of table ut lity I ke Duke Power toPwe d have toll
31 upon the requesting party. And it would be up t p
32 have that come in hand from the requesting party tows. That is not a service that could be
33 performed under the current rate structh{ to us something that ns approvable t Agafn, I dotn'gt think
34 party to have that submitted and broug ,
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 armer or
39 somebody that has a convenience store or just somebody's got their own home, wawhichl~ght
40 installed. Duke Power supplies lights under the North Carolina Utility Commission,
41 approves the light selection that is installed. And, currently, the guidelines we follow to put the
42 tights 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 o
45 cut-off fixtures, which I think would probably address 90 percent of the light pollution, fight
46 trespass problem that we see todhe•ITht, and that I ght is not dPected on the surfaceai 's directed
47 when you are outside looking at g
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
8
~~~~
- ff fixtures, it
encies is that when you use cut o We first
"One caveat to that, to governmental ag
1 ears ago, and it has
more fixtures in a given area to illuminate to{rosamta~ area ove 20 y roa way.
2 requires
3 experimented with cut-off lighting in the Charlotte M P
es but one of its disadvantages is that ofteationes it takes more lights in a
4 very many advantag ~ ratio and the same illum-n
5 distance to have the same uniformity
6 that this is
"So what that translates to is more cost for nateca subdiv sio'ngllmhnot DsaOying
7 arties that want to illumi
g municipalities, even private p en in many cases.
9 a bad thing. it is just a fact of life that will happ
10 anted to mention is the prohibition of mercury vapor. One thing to
11 "The other item I w roved by the Utility
~12 keep in mind on that is that, { nrrently, that is the low-cost option as ap
. arties. Mercury vapor is available in cut-off fixtures so the light
13 Commission for most reques 9 P
14 pollution issue would be address but the consumption issue would remain. li hts are a flat
15 tion issue: the rates for mercury vapor g
16 "One side note about the consump va or fixture is a low-cost
17 rate, it's not based on consumption, it is based on flat rate. Mercury P
use it is less cost to install and it's less cost to me I'i ies and the ceost that Duko Power
18 option beca tion, the cost of the fa
19 are based on the cost of the consump
as to expend going out there and making a repasrmop e efficientllSo there are some trade-offs.
20 h va or, even though it
21 involved than the mercury P
22 It's not a linear comparison that can be made sometimes.
23 'tat the electricity that is used for lighting at night is r{ puke Powered
24 "The other thing is h
I know that is hard to comprehend sometimes but the power systeak loading situations
25 energy.
26 and the other utilities use to gen We have to build that generation whether we use i extra costnd
27 which occur during the daytime.
28 at night when the load is down, we've stil- got that generation available at rea Y n of that
offsets the cost during peak times. It's kind of like building a
29 And using it for illumination actually ear, but you ve g
30 four-lane road to get to Kenar~n Stadium but you only need it ten times a Y ost are
if ou could use it every day of the year and offset the cost of it,
31 road there all, it would ben Y
32 and that is how lighting is viewed: n a a9oves fo flus totbuild the maintenance c
33 considered in what the Comm~ssio PP lad to continue
34 that Duke Power, and I, myself, would be g
35 "In closing, I would like to say ortunity we've
36 the dialogue with the County and othe effect veeandas Imple andPuitimately, workable Ordinance
ettm
37 had so far. We look forward tog 9
38 "Is there anyone who was not signed up to speak who would
39 A. Nicole Gooding-Ray
40 like to speak to this issue at this time? OK."
41
Bar Jacobs "I would tike to make some com a e bas salty advert'i ing signs. We don't fight .
42
43 anything in here about subdivision signs, which
44 our street signs. I don't see why we would allow the lighting of subdivision signs.
45
46 "I would like to second Mr. Bryan's comment. I think it would be prooaolok norat fixtures
47 keeping with Duke Power recommendation to have a simple, cleaner waou are talking about
48 on a periodic basis. I don't know f outaret talking about allnstreet ligh~ts.yl'm not sure we have
49 publicly -funded street fights or y
0 control over publicly-funded street lights, but we dro a County is DOT's new me change t
5
51 Probably the grossest tight polluter in central Ora g
9 ~~~a
uld see from satellites going around the earth. And I ~~
1 Efland, which you can, I would think you co this to
2 would hope that when we get to the point that we have something adopted that we bring
the attention of our Division Engineer and express our concerns because that's a real shame
3
4 what they've done right in the middle of the County.
5
6 "And another egregious example would be Bui din s andoLands api g ! f you~llcould j 9 t
7 on Old 86. I wonder if under 6.31.11 -Lighting On 9
review that section and think about that bank, and think unnecessary I'tyht all night ly covers the
8
9 gluttony that's involved in the bathing of that bwlding in
10 est that on 6.31.9c: I think you want to say, "shall not
11 "And also, I would just like to sugg
12 exceed one hour after the end of the event."
13
14 "Thank you."
15
16 Moses Care , Jr. "I heard one of { ne sp amortizat on of ex sting I'ghtinguwas' dealt with in the
17 admiring the way the existing Itgh g
1 g Ordinance, but I heard someone, °the wa uweive dealgwith itnin here SAnd I th nk I heard you
19 Amortization Schedule rather than Y
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 o
23 those approaches..."
24
25 Man Spoke up from the Audience in Response to Commissioner C~ry: "Let me just clari my
26 statement."
27
28 Nicole Gooding - RaY "If you could come to the podium to do that. I'm sorry."
29
30 Ron Osborne ? "Ideally, an amortized peri edlin f isthat it is much more important t Beta good
31 would be a wonderful thing. My personal fe g
32 ordinance on the books at this stage of our devek out a If ou' sta breaching into people's ' I don't
33 see any of those issues that are not easy to wo Y
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'sT'ruce vmi ~k~ Pare of itself. You know that
36 contain the growth of bad lighting in Orange County.
37 the International Dark Skies made a huge effo~ ~ trof ttin tit But what happens sl that ind think is
38 an impossible task and they didn t even do ~t y 9
39 Manhattan because of the aggressive r etaieidesi ned and every time t s renovated,et has to
40 windows are redesigned; store fronts a 9
41 conform. Within ten years they did an unbelievn blP ound Manhattan s stilllnlontconform ng~That
42 Manhattan. Of course, the problem is everythi g ersonal feeling is
43 was the reason I sa- nt tot et th saon the books andfunctionaltantd protect us from what could
44 that it is very importa 9
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."
~~
~~ ~ ~~
estion I would
1 be be
2 Ron Osbome "If I can make a brie ecaddress all newrinstallat ons initially, and uthen, mayd revisit
3 like to propose is that the Ordmanc
4 revisited in incremental steps to see, if, based on its efficacy, does it need to go bac an
5 retrofitting. ust as it
6
"The retrofitting issue is problematic from ne'serolcketbook nSomeone's I ght goes out and
7 et into someo P g that,
g has been mentioned, it's going tog the wa now we're goin to have to up
9 then all of a sudden you inform them, `Oh, by Y~
re or whatever. It's going to be an increased cost. I t th nt o e p°~e I ftthink thatthe ould be
10 fixtu
11 to stop the bleeding based on the new installations. An
randfathered or the existing installations would proba sl ht thindseButdwha we would desire
12 g
13 they do wear out. Eventually lightning strikes and thing
14 from Duke Power's standpoint is something thatddoescn I fashion.n undue burden on the
15 consumer and that can be done in an orderly an og
16 a enc or rivate
17 "You may have a situation: a is ItOnelld~i ht needs Ito beltreplaced uBecause it s replaced
1 g party that has a whole system of Ilgh 9
19 and does not match the rest of the system, it coul be looked at morencarefully than) justua the
20 illumination quality of-that system. So, It needs to
21 wholesale retrofit that gets triggered. I would likWe want to make sDurekthat we a`re mak ng the
22 good steward of the system that we have, and I live in
23 best decisions for the community beta a`d to the day th t AlamanceoCounty has some sort of
24 southern Alamance County, I look forty
25 ordinance, again, that is not reactive, but it is proactive. That is what I would hope that Orange
26 County pursues.
27
28 gamy Jacobs "May I ask Mr. Osborne a question? How much does it cost to install a shiel on
29 one of the sodium vapor street lights?°
30
31 Ron Osborne "When you say a shdiesd,~ tWih ch is'whatlyousee in most people' backyards. The
32 There's what's called a nemahea (p )
33 bulb is in there vertically. And for yee rs effe rive. Duke Power ceased the practice of doing that
34 whatever. That's not proved to be v ry
35 about five years ago. There's probably some t al materi Ihwou~ld bet'but theocost of sending
36 Cost wise, I don't know what the cost of the ac
37 somebody out there and performing the wou're srobably looking at a1 minimum ofsomeone in
3 g somebody, which ultimately it would be, Y thetime ou assessed it, got the material, went out
39 the fifty to the one-hundred dollar range, by Y
40 there and did the work and did everything like that.
41 "Just to give you an example, we have a policy that if we rut it to another pole h sa'flat
42 out there and sending somebody to take the fixture off the pole, p
43 rate of $280.Or $268, excuse me. And so way s rhea !eThehworkforce that we have Ito utiti e~
44 but that's kind of an average. So, it s not a y P
45 to be experts doing what they're doing, moving aso tts not always that cheap tter, but they've
46 got to be prepared for all kinds of contmgencle ,
47
4g BarrY Jacobs "Thank you. I'd like to requ ne tof theaff ht had to request t notttheeperson whose
49 they would do that for nothing that the ow 9
50 house it's shining into. So, I would be very in?er b t that wn s the information that I got and that
51 maybe, I'm not using the correct term of arc ( },
11 ~?~`
fluence whether I thought it was a reasonable thing. If it's going to be less ~~
1 would certainly in overnmental entities so
2 reasonable, then, 1 might want to consider at least having it done for g
' i hts are phased out over a period of time, so that, at leasgt the schools and fain, as we
3 that their I g teased out the lights that are poltutin and take, and ag
4 municipalities and example. p
5 often say, lead by
6
7 Nicole Gooding -Rav "Commissioner Halkiotis. and the staff were certain to get
8 I've been
9 Commissioner Halkioti outlto the Chambers of Commerce o both end for both advertising and
10 some of the proposalong
11 around this County enough to know that I have seen laser shows
t indoors and outdoors, and I've also seen a lot o ould be us t a good pol cy to g'let
12 entertainmen , ro osed here."
13 Boulevard to Hillsborough t d p the bus Hess commun ty know what's being p p
14 this before both Chambers
15
16 Nicole Goodin4-Rav "Mr. Bryan.
17 hiss Baker did not come to the mic so I could not hear
lg Ja B an Plannin Board Member [T ~ p ole?
II he said " I have a couple of quick things. There's a au have, defin'i ion for Ccutloff and LP ere
19 e ] y ole?
20 it talks about cut-off features. And the definition I think y
full? cut-off. And my suggestion would be that where it says "cut-off" it should be real) [p
21 ] I but that's
22 full?] cut-off. That means that you donut let~heu{ off so Irminotusure how would app Yt e
23 horizontal. I didn't see the term [pole . full . ] c
24 one suggestion.
25
26 "The second one was that the lighting dlthat kind of thingnThat`s a'de part of what's
27 consideration for energy -efficient lighfing
28 being required.
29
30 . "Thirdly, there wasn't anything about hh myou ~mpl cate'9he Ordinance by that buts
31 what kind of techniques [couldn't understand ]
32 there's nothing in there that defines that.
33 some compendium of [pictures? fixtures?] of various types of
34 "The last thing is these,
35 [couldn't hear him] ...fixtures that could be used [couldn't hear him] appendix..Thank you.
36
37 Nicole Goodin4 -Rav "Ok, [Ms. Price?]"
38 ~ "Peo le who spoke, whether they thought the issue was more the
39 GMs. Renee A. Iman Price . ] P ou know, which would
40 type of lighting, or whether it is the design of the light fixtures itself and, y
41 actually achieve the lighting you want overall for the efficiency?
42
43 Ron Osborne "It makes sense. While I've 9 we y rovided~ ttherelis theeate schedules offered by
4.4. Mr. Jacobs, in the attachment that Duke Po p
45 the Commission. There's a contract period on the ligon~ that cone act period for whatever the
46 investment and everything. If the light was replaced
47 li ht is, and it varies depending on the type of light, was met, then that cost would be greatly
9
4g reduced. What hurts is when the light just b the tme spent.tSonthat soa fa cor intthere ecause
49 you haven't recouped your investment from
50
2 -~' ..
1 ~~
®~ ~ Bakers from
our uestion it would probably be answered by the first two sp
1 "Regarding y q. ` that from Duke Power's perspective and my
ers ective. I would say va or, high
2 their concerns of, and their p P e of li ht, as far as metal halide, mercury p
3 professional experiences that the typ g differently. Of
ssure sodium, low pressure sodium is a lot of till des gned to do something ference,
4 pre
5 esthetics, you know the color rendition. Each one
e the metal halide, the bright white light, is wh on iska d eq~ipme t it is also the mos
6 cours
~ expensive from the standpoint of maintenance, ma licatian or the use of fixtures that are
g er app
9 "The light trespass issue is more of improp
- ff fixtures because when the light projects belo de And you carinsee awsmall point
10 not the cut o
11 down on the surface intended. It's alshrele College Observator?] you be up on the hills in
12 of light for miles away. Again, from [T
Alamance County and see those lights for miles an o eicted on the roadway. iYou could
13 southern
but if you had the cut-off lens, it would
14 there is no moisture in the air. It's not the light that s e g P miles away. I think it's the
15 have the same type lights, same wattage and everything,
16 be down on the roadway and not that point of light that you see from
17 application, the type of fixture, that's the biggest offender." Does it mean that
18 ~ "And what about the efficiency? That's what I was, I mean
19 Ms (Price • 1
we have several low wattage, I mean, would we h ed to hav ng ay al lesser amou nhof theres
20
21 for a certain area. What would that cost ag compar
r li hts but with the proper shieldin if you don't have the domes.."[she wasn t speaking
22 brighte g
23 into the mic sa I couldn't hear everything she said.J
24 oint, you are usually better off having a lot of low wattage
25 Ron Osborne From a lighting design p ratio. It's the ratio of the brightest area to
26 lights because that helps what Is called the uniformity oles. You
27 the darkest area. But oftentimes if your intoathiag more poled stting m somebody's yard,
28 know that's more things for a car to a owner bu rights, and very understandably doesn't
Y
29 especially if it's a street project. The prop -tY that's
t a ole in their front yard, then you can't sometimes shift a pole fifty feet so it's not right in
30 wan p
31 front of their house because then it throws ous and braicket ngths and e~eryth ng else,o~
32 why there's a vanety of fixtures and pole size
33 because one size does not fit all.
34 the Department of Transportation requires
35 "To give you an example, on State highway onion of light falling on the DOT highway
36 alighting encroachment, just like they would. Any p es and
has to be approved just like a pole sitting in a right of of different fixtures and Ilghti 9 tyP ake
37 there is a lot of varieties
3g one size fit all. So that's why
everything else. But the one basic common thread hat but the gains fromithehel'Imination of that
39
40 fixtures. It will impact adversely the spacing some erience, and I think the experience of like the
41 point source of light, being an irritant, from my exp
42 City of Charlotte and other large municipalities is that it is worth it."
43
44 Nicole Gooding - Ray "Ok. Are there any further questions?
45
46 "Is there a motion?"
47
4g Chair Brown "I move that we refer this to the Planning Board and return it to the Board o
49 Commissioners no later than May 20 .
50
13 ~Q~~j
issioner Gordon "I'd make that a motion and I'd add,AdministrafionCrecamim nds~ fer ing ~~
1 Comm leasure. So it would re ,
2 Environment, if it's the Board's p 20~', 2003."
the ro osed amendment to the Planning Board ommiss oniers no sooneE han Maynt or a
3 P P
4 recommendation to be returned to the Board of n for the Environment make its
5
6 Commissioner Jacobs "And do we want to have the Commissio
ndation to the Planning Board or are we going to get two separate recommendations?"
7 recomme Board."
8
9 Commissioner Carev I think we ought to have them make it to the Planning
10
11 Commissioner Jacobs "So do I. If that's your motion, then I will second it.
12 lease say 'Aye.'
13 Chair Brown "Motion and a second. All those in favor, p
14
1~ VOTE: UNANIMOUS
16
17 [END OF DISCUSSION ON THE LIGHTING ORDINANCE
18
19
20 b. Amend Antic{e 6.23.d7s to` de B ficat on of st earns that requ're s earn
21 broaden the metho
buffers. The specific change is to include a provision allowing use~ff toe
22 Soil Survey of Orange County and field identification by County
23
24 identify streams subjecarttOOf the amendment. new definition for a er
25 Feature is added as a p
26
27 Craig Benedict made this presentationeamsS The streams are den ified on United States
28 zoning code that talks about the identifyin9~tion is to increase the opportunfies to idenfrfy streams
29 Geologic Survey maps (USGS). The su99 Soil Surve maps. The
30 with two additional methods. The fitso ut t ~ethe~ a ~~~~ n Program where people can
31 Department of Water Quality has a p o9
32 identify streams or identify that something is a zonin ecode so that when subdivisions are
33 recommendation is to add this provision to th 9
4 anal ed, they can take into consideration all of the aspeof al~f areas drained n the County afeoal of
3 Yz
35 Orange County to protect the headwaters because 85 /o
36 headwaters. An implication of this provision is that there will be additional stream miles that will be
37 protected. of this and Planner Robert
38 Commissioner Jacobs asked if Mr. Feathers has seen a copy
39 Davis said that he was aware of it.
40 Commissioner Gordon would like to have anhe wonders what he mpact would be onShe
41 wants to protect streams as much as possible, buts mi ht be in this classification.
42 people's properties since so much of Orange County 9
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 ' anyone
47 would like to speak.
48 Robert Nichols, a retired dairy farm ai, Benediict sad n the peeslentation tha the stream Y
49 buffer wo d be from 130-170 feet On h srproperty this would take about 37 acres of his 175
50
~~`~
Orange Count
` `' ~ ~ ?' '- Conunission fc~r the Environment
8^,. 3~... r ~-
_ ~~ ; ' ~~- a; c/o Orange County ERCD
_ ~ 306-A Revere Road / PO Box 8181
` Hillsborough, NC 27278
_F_ "~'~ 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.
GRANGE COUNTY
~ -Mx;.
~O
NORTH CAROLINA
CELE BIUTIN6 150 YEARS
~~
as
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 tem ora emer enc li htin cover hi hwa
§ () p rY 9 Y g g 9 Y
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(8)" would suffice.
• At § 6.31.9(6), "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
OFANGECOUNTY
®~~
NORTH CAROLINA
CHLHBRATINC 250 YCARS
MRR 21 2003 12:34PM ORAPlGE COUAITY BOCC
Braavn
Chair, Orange County Comsnissianets
P. O. Boz 8181
I-~Asbor 1vC 27278
Dear CarDmissioa~a &~aovi~,
(9191 b'F't - u c-r v
Pebruary 2~4, 2043
rrP~ aq
~e have reviewed the proposed dra$ of Section 631- Outdoor Lig~g ~ of the lanest
draft of the Co~unty'a proposed oboe: We offer the £oIlaaviug.questioas and aoo~rns
as well as some pt+oposed changes..
6313-8:. This section stip~ilates t~iat all pre~rsisting conditions ~ be reptaood or
upgradod once they become`inopaab~e". Does this section mesa that a pre-ex~ing ~ '
installation nnrst be upg~rided or replaced whenever matine ~nauuenance, such as bulb,
phatoeZecaic odl; refractor, etic is perfarmed3 Sash a requureraeat could became verycosdy .
to the consumer, as this oast would be passcd~ oa to the requesting party, and possibly
c~omprnmise eslstiag lighting design and/or aesthetics. It is suggested that "inoperable" be
cle8ned as sitirat>oas reQu,ong the complete replacement of eaistmg , eoa~pared to
the r+outiae auautmanceJcoa~porialt ~t of an existaag facility, which should
~nxluir+e such t~p]aoemmts or upgrades.
6315: This section appears to stipulatxs that every applicable lig~ing ittsp~ation {al non-
residential installations, iaduding street.lighdag} ~ have to be snbmittod to tha Coemty
Flaaa~ag Depa:maent for review Duke Power G~rr+ently provides cost effoctive lighxtag
undo the guide4aes of rate scheldules for cnndoar lighting (rate schedule OL), flooding
(rate schednle FL) and public lighting (rate schedule PL) as approved by the North Carolina
Ud'GtyC.or~ission (rnpies of which are ~~. The additional sdpnrlation of submitting
plans for approval oo the County w,~l crate additional burdens on a!1 the requesting parses
sad langthea the process. The btu+den and expense of submitting plans to the
Coaatq, indudiag plans for govt sequesrs, aPOUEd n:ot be the respo~nabiliry of Duke
Po~aver Coarpaary- sad would rest with those r+r~gvcsdag parties, the consumer.
6.3L6-A: Fk.~abslity should be provided for situations where both propert~• owne~ts along, a
comimon property Iiae desire w share lighting 'Ibeet,e arc also marry snuatiaas where ~ .
pmpmtie~ with a oamnzoa p~+opetly line are awaod by thc~same ~pattywho wishes to share
[9191 g~F9~-uc-rv r
MRR 21 2003 12:34PM ORANGE COUNTY $OCC
30
S. such should be considered and peraritted iii order to elimunaae
duplication of facilities and unnecessary additional ~~•
631.6-L• 'Ibe so~ettt is uacleu and clari~i°n is needed for what is meant by "AaY
light nip be placed in such a manner that no light emitting surface is hsible from
nay r area or publirlpaivare roadway, way, trad or other public way when
'vieanod at end Icvel' mews. Since the light emoting surface of lap fimtike is visible froaa
ground kv~d whest standing beneath that fiatvre, it is questionable as to whether this
standard, as wrAx+ea and comprehended, can be met
631.T-A This sxtian appears to offer a sound and workable guideline rho c~a and should
be the f amdatio~a far the quire w+dinance and which would gua~rai~e an ordinance ro
which it is easyto canaply and which is effective both in the desired resblt and in cost to
adLl11ii15tCl.
631.7-B: A moudmrma mfg height of 36 feet is a reasonable standud and this haght
wig be benrfiaal is minimii~g the numlxr of lid needed m ~ a 1;~ arez ~ well
as enable rrnilti7ane roadways and other areas tin be effeccivelg an4l econamicallYlit. Italso
paavides the fle~6iTap oeerled to provide tf ie proper~h tliig 7ononnmag heig~it avhea the
grAde at the light 's location is s~ficandy kraPer than the gxade of the iatcnded
ar~e.h as a road~vapruz~ to a davrnln~l bank),
b3L12 D '171e pta6ibirion oa Ma+cvey Vapor hwninaires is of oancera.~. Mercury Vapor
ligbiing is the low cost optjwa for consumers based on the North Caroling Unliip
Cosnmissio~a~pproved~rate schedules. ~ .
~Pe ask thu you~e eoosidaatian to the moons, c~nae<as, amd neooinmendwians ofb~d in
tlris response to the laoosat ditift of li~mg standards. We stand ready to w+aak with the Con~.y
on d~.welopitig standards that paoHide saf ety, seonrity, t+educed spillavex s~nrl glary and at a
rabic ~ wlnlc at the same titre Wniung tale potential legal ~itp of the Town. P9nse
ns if pvu have questions ar oono~ns..
Rosi t?sboaae, Pte.:
Durchaaa, B>adiag~poia && t~lapd I-~ Servioc Area
Duke Power Company ...
Copy: j~ I~Jr• ~ • ~ . .
[ 91 y l b.}~-uc~o ~
MAR 21 2OQ3 12:35PM ORANGE COUNTY FiOCC
Dnloe Power ~ 8lecpricrtyNo.4 ,~'
Nat't6 Camlins fifteenth Revised Leaf No. 34
Snperaeding North Camliaa Poorleertth Revised Leaf No. 34
. 5C}~DULB PL (TtC}
STREET AND PUBLIC GiGli74Nt3 SERVICE
AVAILABII.t!'Y (North Carolina Oily)
Ava0able tbt the pntpoae of 5ghtia8 streets, highways, Parke sad other pablic place fcr Mu>iiicipsl, C.onnry State, and Federai
(3ovetameate, at locations inside or outside muaicipl baits os- the Carnperay'e distribntioa system. This Schedule is not avar7able
fot service to cart-~ eatitros.
RATE:
(A) BRAC~KBT MOUNT$D LU14~TAIItE9
Aflatight meat lighting smwioe nebng ora'haed eoadnctoKe gad Cotnpaay standard equiparrnt mounted an pandard wood
. ~~ Per Month Par Lnmiasir+e .
~p~g reside feeds
ai<rrnlciaall.;atirs n~
1~ ~h.P~bdO. ~ MERCURY YAtOR .
4,000 41 Snburbaa . _ S 422 NA
7,500 - 75 Sabaibea 5.47 S.B7
7,500 7S Urban 6.43 3.63
' 20.000 152 Urban 8.47 8.87
55,000 393 Urbsu 16.45 16.83
18IGH>!ItB.ffiSUltE 5ODRUM VAPOR
9,500 47 Sabmbaa 6.66 7.06
9.500 47 Urban ~ 7.77 8.12
13000 56 Snhorbao (2) tin suitablx mercury Sattttre) 730 7.70
• 16.000 70 Urban . 6.13 833
27,500 304 Urban. 9.48 988
38,000. I36 Urban (3) (in sortable mareasy futwre) 9.98 1038
50,000 136 Urban 1135_ 11.75
140,000 391 Utbut (4) 2225 2.2.65
METAL HALIDE
40,OOt! 1SS .' Urban 14.10 1450
(l) Ths maathly talc per lamioai<e wfil be as ~aovn above plea .0523 cent pct Kwh far the iadioatad Kwh per memt8.
(2) Lumims3re b not wadable !br ndw iasta6atioa lacadsaa. Rate apprise to esle~g installations which were m servux
beitose FebsneQy 3.1987.
(3) [anaoiaaire ie aa4 war7able far saw isstaQatioo ioa~NOaa Rate applies to ezotlag inshllatioae which were is service
befote:Novansbar 12,1991.
(4) ImtaUed on SS~foot wood pole. .
(B) OTI~R LUM1NAIItRS
Daoarativa gad aoaitsndard lombaises ~- be insmLed oa requeft, at the Campeay'e option. at the ratdin (A) shove plus
en e~ma taonthly charge egaal ~ 1.7SG of the estimated instsned oust difference 6stweea the hrmmahe and annctsirs
t+egneetsd, gad.lhe equivaioat hamdnsir+a gad etsndard polo
(C) t1NOERtIltoUlw CHARt3ES '
m Addrtiaoal monthly charge for the undagmand cartdactor eyettaa:
i~ P:~ .
0-IOOfat- ~ SSO 535
101- Z00 tbet .90 .7S
aver Z00 feet 5.90 phta SAT for eecb•in~cnt 5.75 plus 5.07 far cacti iacr+ament
of 10 feet, or less„ over 200 ket of 10 font, or leas, oroar 200 feet
(2) When the inslalletlon regairos the patting and replaemg of psivemmt of more than one drive or aete walkway par
hamina'tt;. I.Td. of the eetinuted cost of this cutting ad rtphdng of pavement an'0 be added to tbe•maaithtr charges
above. -
{3} When an inets>Ytion is fa m stea emved by a oorx~eDpaed dact systeaa, additional charges stated stews w01 got
~ ,n-d, fnatead, the addidaa+d moadtlY charge .vlll be 1.7X of the estimated coat of the nadergmatld conductor
~~
fAver)
[9191 644-u~4d r•~
MRR 21 2003 12:35PM ORRNGE COUNTY BOCC
(Scleednb PL (NCj Caatianed) 2 ~ '
APFRaVBD F[3Fd. CIfARt3B ,kDlpS'1'I+D:NTS J
'the Company's approved foil ~ ad~ntmanb. if'sny, pursuant to North Carotins C3eaesal3tatabi i2-133.2, witi apply to all
vice snppiied C this Schedak. The a~sdy approved sdjnsOmertts are deluded ie t~be Rate above.
EXPLANATORY NOTES .
m The instalbdon of bn~aloet-nwunted Anmins~ is (A) abovs ia~uda: the company's 40-foot, standend wrood poke
(a) Wood.polea bogs than 40 tea, or structures other than standard wood pokx, maybe iosta>!ed for ate extra taontbly charge
«juat to ].7yL of the estmtsted estalled oust ddI'ereace between the luaeiorces and erFnct,aa regaested, and equivalent
huninaires and standard piles. and such extra cbatse shau not be less than T5.59 per month. par pubs or other straatace.
(b) The Caaspaay's standard meat street 5ahting pops may ba eeatellod for an extra monthly eharje of 55.59 per manta per pole.
(e) The Company's ata>rder+d instal arast.am pole may be installed far an extra manffily ~ oil' SSS9 phis I.?4!i of des
rstiasaled isstalbd t:ast d betwxse the tegnated pa>fe and the Company's standard natal sheet ligltdna pole, pax
mantas pa pub:. The stsat+drad aaebl coast-seta pole may bs 9nstalled w>aotrt a lanristairo for a mon~r charge of:7.36 phta
t .7'aG adtbe atbnabed i»shYed coat dita'ereece baawreas the requested pole and tbs. Carrapaay'e afrmderd taattal asned ti6btiti8
p~
(d) Stattdard wood poles and gays maybe peo~vided d the same clearga as m (3) bebw when provided softly m eappost trntTrc
. augnals.
(2) Saarvbe ~ onerbeid csa-ductoss ie trot tnasTable bs sspr area deaiynated by the Company m tmdagstrtmd distriirotion area, nor
b ~Y +~. . or premises bains served from as ttmletrgt~~aad stsmYx. Thane wni ba no atdrs ebarSe far nndst8totaed .
aoeductors m hratioeitet installed k arrow where the Caapaaty art its own optiam her determined that nadaxBranad &stribataon
iirciikies ahoald bo itaxalled.
' (3)For anon outside municipal limits: Lowdaa of the lnmieaire or h-minairea m areas outside arF mtmieipai nmib ahan be
deaiSeated by d-e Cnabomea hat the loaaation mast be withla the d~ex evhielt aaan bs ta:ached by a fatcoadary wdeoaim fig tbre
Company's nesrost distnbntaam fac9Mies. Sbou]d the number of poles is the secandery aarfeaaiat regtrirtd to nerve the
bmma>ta(s) exaxed be number of poles ~ whiob bsacloet-nonmed laminates are iasfJled~ a masrthir chlQgo of 51.78 pa pole
ah8g be made for suds tnt~oess tmstater of poles. Should the iatsddltlian btt:lnde doraragays oT spragnys, a chor=e ut L.b3 per
month per 8QY shall be roads. Whets We iodalLllan regnettod ttiqulrss a prisnary.extaesion solely m serve the htmiitsiree, en
. aulatAioreal rnanthly cbargp of 1.7X 6f the atiaseted cost of the primary extension wiB be anode.
(4)Ail facrlitica aaaxssaty for service tinder thin Schednbs, ladadieg fhdures, lamp,, contmla, poles. hardware, traersftitmers,
oondgttots, and clharspportenanees shall be t>.voed and ma®tamed by the Carl-paey.
(S) Clear mnrcnry vapor lamp ors standard egtripmaeat in all tneronry vapor hrmiteaiarea above. Cobrm-pmved buapa aaa tie
supplied for ae extra die of 73 amen pax bttop per mtonth.
(6)Wbea two a mare latabiaites ors instrvlsd on the same pub err other etructtae, the applicable monthly chargr fvr eaeclf
lsminab: ota>cr than the fast win be iedn0ed t 1.7E.
(7)"Snbtsrban" lnssinahes tae deffied uya~tm~d_ar~dyNBlr(A-irtyk Sodares wnit-h. rnfrsctYors nil verlical~barai~ )ter. "Urban"
brttur~ ate det7nod y °axebrtatyb" iirrtmee RAIL ealaled refraCtiVe of ilat 1r~0aea fnd hg baspa.
PAYIn18N1'
Bills under this ScLadnla era due end payable rm the date of the bib art the office of the Ceaopany. Bins are past doe and dcibtqutnt
oa tare t3tbseath day tiEa thti dads of the 6t11: ff tutY biII ie not so paid. taee CompmY has the tigW to mspead tetvitx. In addition, atl
bi9t not paid by the day eRat the date aaP the bt7! t~ lie aayect to a nine panxat (flit) btta patyaaent char~a ~ the
unpaid ama>{mk Ibis bee payment tdtarge sba0 be tendaaed on the foIIawing month's b111 and it ahaIl became part of, astd be due and
payable with, the Iran an which it ii rasdettsd.
CONTRACt PERIOD
The tam ~of tra>lhact tttay be tram a mmimetu of three yews ~ a maximum of 20 yeah. Cantraets wtU eontimre after the
aaei6ie>tl term nntii taam6aeoed by asitha party as thirty days' writtaa notiax, and the Company may regnie a deposit not ro exceed
aae~aff of the revaaae far the eaigieal term. The deposit wr~l ba t+ebased a< the and of the ad8mal berm, prravided the Caatxrmer hoe
met ad prmdsions of the ooattrck taro of noeutsaet for spaeific sidtations shop br.
(a) Threw years for atIl lnmioeues desigQ»sed as shndgd by tha Company and 6aaclcet-tnonntsd an shntbid poir~
(b) Tan yearn for all laaninabea desi8aabd as decarariR by the Company, and Pa' aR atrandud lmnbadt+as maasntad on aae}eports
otatx than modard wood polo, nail for primary extana3ont sorely aervma the luminaires.
(c) Twaety yaxm far all Inmomh+a at eapportt deaignemed as aen.ata>Waed by the Campamy. ~ -
North Carotins Fifteeatb RevLad Leaf Nei. 34
bRedhe for service on wad atfltr ~ 1.2002
NCLTC Dodoast No. &7, Snb 708
Order dated lusse 25.2002
t `J 1`.31 b•F`f uc~v
MRR 21 2003 12:35PM ORRNGE COUNTY BOCC
Dulc Povvsr 8ledcitaty No. 4
Nortlt Carolia Thirteenth Revised LsafNo. 32
3npersedirr6 Nortb CAtvlint T'wdi3b. Revised Loaf No. 32
SCI~DULE C1L QdC)
OU?DOOR LK}ATlNCi 5fiRV1CE
AVAiI.ABILITY (North Camliaa ONy) .
Availabk to the iodi~idwl customer for lightins of private outdoor trees kt loeatious ~ tha Cotnpar~s diMbrttioti ayrtem. 5ervia
uadtr this Sche~tk map be widdteld of disaratinned at the option of the Company.
RATB:
(A) t3RAC~'1' 1~kO1JMP]? Lt~M1NMtES
Allatight otitdaar lighting ssrvioe using C,omptaty atandetd egttipmwt moun6ed oa poke:
• Per I4(~ Per L--~.. ~~~
~ .~ $ldstma Pole /I1~f21
l~sc11>l;Y vnrolc
4,DOD 41 Post Top (3) ~ S 6.19(4) - NA 513.00
7,500 75 Submibea 6.34 S11.04 16.09
20,000 l52 Urlam ~ - _ 9.33. 15.03 19.08
ffiQ t~JR>r SODIUM VA!"0~R
4,000 21 Past Top (3) NA NA 13.00
9,300 47 Sabmbaa 7.54 1324 17.29
9.300. 47 Utban 8.59 14.29 1834
13,000 56 Saburban (ia suitable marcray fomn+e). 8.180 ~ NA NA
16,000- 70 Urban 9.00 14.?0 18.75
27,500 104 thhear 10.35 ~ 16.05 ~ 20.10
50.000 136 Urban. 1220 17.90 21,95
' 1tI11:PAL ldlli~E
40.000 155 Urban 14.95 .20.65 24.70
(~ The ate pa lamiasie wi>t bs sQ shows; above tm~s .0349 ant pee Kwh for the indicated Kwh par month.
(2) Far lamirseirea in savke bofnoe Novmtber ]2, 1991, tha ~Y rats is epplieatrle to existing inaWlatiarta, iociedirg
pole; bn: dose not inchrds adctitioual eepanue dmrga.
(3) Lemiaaire is not ava7ebk>ior the lighting ~ sold other vahide thorostgbferea.
{4) Lnminairs is not avaihtbla for ne:w inslelhition bestions, gals applies to sxistiat imnaliatians which ware in aavi<x .
befbreNovember 12,1991.
(~ Ltaniaait+e is not ava0abk Bur new inatallatioa Iocetioms. Rate applies to existing instWatiosm w)ticb were in'sesviae
bei~ote 3aphaber 17,1985.
(B) OTllBit;L111NIldA]it>sS
Dtootetiva turd nao-standard lttmiaaitrs es:- be i an iegne~, at the C.empaery's option, M t6s rste in (A) above plw ea
extra amnthlY cheege equal to 1.776 o[ths estimsted di8enaios in cost installed between the lteniaait+e end str+retm+e ttagaaRed
. seal the egmvalerst luminaire end vaod pok is (A) above.
(C) UNBERGROUND G7iARCiES
W Additiao.l ~ far dre rmdergma.d conductor rystaa
Felt Per Pole Front Ovalhaad Sygem - Fmn, tJ
- over 150 Beet 5.07 for snob hwrsrneot of 5.07 for arch incnaesnt of
I O felt, or less. over 150 fat l0 feet, or ksa, ovtx 150 feet
(2) When the installation rsgolresdhacattiag and replaeiag of'p~evemeni ofmote than one drive ar one vralltvvap per
l~inaire~ I.7'li o~'ibe esCa~td Cat of thin eWing.and replacb~ of pavement wsU be added b the charges shoos.
(3)11Yhao ea iasWlstiou is is an frea served by a t~storets.eacased duct system, additions] charQas staled shove vn71 not
aPPIS' od. instead, the additional naoegrly ~ w>71 be 1.77. of 8re cost of the rmdergrmmd oardacaor sys6em.
(4) An under8roand oo~rcta ayetan, up m t50 feet per pole, coo be installed to w eziatag polo under the "siistirtg Pole"
tale in (A) above, for a additional mont>t{y ~ of 54.05 par pale. Por iastalrations over 150 Bost per pok, the cLerBas
ceder (C) p) above vvty apply ie sdditiao to the 1445 rbarge.
APPROVSU Fuse c~1~gc1E ~nnlsi~malls
The Gasr~pauy': spptoved tnei ohsrse'ad~terrt,, if nay, purauemt b NoM Cbruiiaa t3esrersi Sfa4toe 62-133.2. wU apply to nU
service snppGed nnda this St~edale. The ans'entl]- appswed sdjwtraspg~ are included in We Rage ubtrt-e.
33
(~')
(9191 644-0246 P•~
MflR 21 2003 12:35PM ORRI`lGE COUNTY BOCC
BID'LANATORYNOTE3 (Schodaie OL (NC) Caatiteoe~
(1) Lampe will bttra from approximately one half--Lour efts armset until approzamately one half-hour before snoriee. The .
Co~3' ~ ~Y bittned-mart Ianeps and oe6etwise tmiatain the Itoaiaaires darinS regular daythae vyottittg heath
follosping aodfication by the Customer.
(2) Lsmtinavet will be aastaUed only on Cotttpenpwsvoedpules, and all facilities nectstaty for novice n~er this Schedule,
mare ~ ~ ~ pokn. hardware, tr~sfatzners, condncton~ and othx appm~emnces nhatl be owned lord
(3) Bgaipme~ (wdt u disooaaeetiag swhohe:) aoE sopplibd b]' ~ C-0ttrpetry m skodnd is not avat7abie order this Scbedale. aced
sbsq not be installed by the Uustatoer.
(4) i'his Srdmdrtie is hat svaiLble far seataotd at other part time apaatiae of out+loot .
(S) Clear toexcttry vapor heaps ere standard egoipmeat in all mercray vapor tutamttres above. Color-iffiptovad lamps can ba
stgipiied loran et~aaitsr'e 451.04 Pet hmop per month.
r
f 6j Sat;,-ioe asiag o~ead aomdndaa is sot available im agytuea deeig„nated by ~ 9 as undergirotmd c6stidbwioa eras,
nor is aegr ~. ~~. a P being nerved from an tndatpvmrd svmee.
(T) Oa Costooaer reQrtest, and for m additiasel dtsrge, bmointirea eaa be installed oa wood poles Iargac that Hta stodatd, 30.fno;
des 6 awe, if the iocatim petmiq the nee d bedoettypa ogaiprnaot for mamniteg and savidegr-3~fod. does 5 pole 6or 31
manta P~~4 ~'~-~ drse S pale far 42 sale pet t~ Other site pules. ar sltttceetea o!Oter tbtm. agordaM wood poke,
am be iadalled for an tnttra dhat~a etptel to 1.746 die estimated itaralled suet diBereooe btxntvem the tctpteeted pole
or s4[nctote, and a 30-foot; class 5 pok but sot lest tbaa lSS9 per tuot-th per pde ar stteetnre. Br~lcets longm than the
etaodsM leog8r of 30 ittdtes, hart toot ]eager >!>aa 20 f'~. can be installed svhet+e use ofi Ludcettyps er~pmat fs perni>:ad far
as aAta charge of 73 aimo~per titomth per btaeioet.
(g) ~Vhesie ttvo at tttut~e losirooQee swats itttde0ed far service 6efara ]doveoaber 12, 1981 0o the same pole a other steaedae, the
k dnnEes far eaeL lutstamite offer dram fbe fast wiU be teduoed 51.78.
(9) Loteieaitss Ioestiaos aboll be dessagmsdeal by the Castonaet~d svLat: aolp ea attrasioe- of seoottdary facilities ie requited 8rom
~ aem+dtt di~tttion source, tLe tads per bmtineane ht (A) shove sLaIl appiq. Wlsea the mmbet of regtdrod poles etoeeds the
ttotnber d Lusv>rita tn~nasled, a aaonOdy ~ taut lest then E 1.78 per stmtderd snood pole sLeF! be msde for hoaiaaires
installed for smvice bofaie i~Tovember 12. I991. A monthly dttuge of 55.70 per atattderd wood polo stall be mssde for
lmniatrira iashlkd tDr salvias after Nov®bea IZ, ]941. Wbeto any ir,sfallation tegmtp ax eataasion ofptitnerr faot~atia
soklp m salve tits lmmeaiait+et„ tm addidood trosrthly charge equal b 1.7~ of the esed sad od the primary eatnaion shell
be tttede. 5bodd say iostailrtiem rogaire guying of secaadaty fa~tiet, a ~ of 63 eattr per moth per guy shell be made.
(10) "3trbatbed' hrmimitesa era defined as etaodard NEMA-style li~CS with refi~actbts sad vortical-btaalag Iamps. "lJrban'
It~ndre are defined as "eelrrardyk" f»cttaas stfth etrclased tefative: or flat louses and horimsesal-btramtg
1'AYM>~iT
Balls under thin Slchesbtk ere dos esd payable an the date of the ba11 art t>m oi5ce of the Camt~potty, Bilbr an ~ doe and d'eliaquent .
an t3sa 8tla~ day atfnr Bic dace of the ba71.1f ~ bill is not so paid, the Ccempatry has the tight.ta snepesd resvioe. in additioq all
bills not pdd by ttie tswetiy~-fi01t day slier Poe dots of the bW shalt 6e wb~ea b a cue petoeot (lY.) lets paytaesst ebeege on the
~ arocimtr Tleis lab poyment dheege sLa1f be tss,deted at- dm fo>kaing moath'e bz'iland. it a6eQ become pelf d, sod be doe and
pa}wbk saidt, the bill txi ssgach et is tetdarod, ~ .
The origiael term of oontrect may be trams a taiaimota d otre pear to s matdmma of 20 years. Coofnrds wiII cnettitinte oiler the
origimt term mtir7 desttt6teted by athear party on thirty dsys' writka notice, and the: Catspany msy togtiire a ~a itot to eACeed
one-half of 8ia avemra for the aaigiml tears. TLa deposit we7l~ba rststmesd at the end d ~e original lemma, Pt'o*~ ~ ~uomet Las
met a41 provieiow of the cam~ctl~nfmom tam of aamtsct for opedfie sictratioas shaD be: -
(a) ~ ~~ insmlled at a teaidsoce: and desi~ by tLe Comer ore stdnd,Qd, post top and 6tsdreta~soomad
[b) momteed on ataadatd O0t itutaAad at< a tesidmce and deaig~saAed by the Catapamy as stsadsed, p~ mP ~ bracket
1~
(c) Tor Yeats ff ooC aQ lomct~airee dsaanotod by the Company as deoarativeti and for all etands~ Iamiasires awon~od on imports
other ltea etordetd srooil poke, and forpmawy etteadana saleip serving Ste lttmimdtes.
(d) Ttvtsaty years far a1! lmosinita a ttpppcuts desigpated by the: Campan)r ns non-atatede:d.
1!Qordt Carolina l'Lfiteaglt ltoviied ll.eef Nor 32
Effiecdive far service an and alter Atsgast 19, 1999
21C[JC Docloet No. &7, Sub 6a,2
Order dated Jane 22,1999
3~
(~)
[9191 644-u~~b
MRR 21 2003 12:36PM ORRNGE COUNTY BOCC
17a1~ pO'V°r Eiecerlcity No. 4
North Grdias Sixtemtlt Revised Leaf Ate 30
3npa^aeding North Carolina FiBet~th Raviaa! Loaf No. 30
. SCAEDUI$1Z (NC}
FIAODLiGHTIIJG SERVICE
AVA,IIABlT~y (North Carolina Oaly)
Avaitsble a the individual castomer at locations an the Cantpaay's distn'bation syateat which, is me Company's
opiniion, PaIDit the ass of baGket-type oquipmeat i'or installati~ and servicing of facitides. $ernioe user this
Schedule may be withheld ~ diwaoatinaed at the option of the Company.
RATE:
(A} BRACKET MOiINTED LI)iNIDdAIRES
All-night onldoor 1~im8 aervioe using Y af~dad equipmeat mcatatod an standard polex
Ptr Meath Per Lnmimtite and
~dli>a00S ~. ~c New .Ne
SIGH PR&4SIJBg S'QDftJM VAPOR
276,500 lp4 ~ t ~S 11.01 ~ 516.7! SZ0.76
50.000 I56 pl~ooodli~tt 12.66 2p.16 ?,4Z1
~~ AALmE 13,65 21.18 ?5,23
40.000 155 Fbodiight 15.45 ~ 22.95 27.00
(I} The mtoc9tly rate Pa botIDinaire will be as aho~t above plus .0523 Deaf per Kwh far the indicated Kwh per
month.
(2) Far luminsires in txtvia before No~veatbdr l2, 1991, the maathty rate is applicable to wasting iaabtIlations,
ine~ding pole, bat does nd iac4ude any.sdditiaad separaae charges,
{8} u1+1DERGROUhiD CHARt3i;S
.. (~ : FeetFeet Ppy-o~1y ciVsrge far die ~; .
over I50 feat 5.07 fort each iaa,amatt oft 5,07 for each increnfeat of
to ~ a i~.~ot+t:r ] so fax 10 ~ a ]eaY, ova 15o Rat
(2) Whin the iaatalhdlon regairea the touting and replacing ot'pavemart of more tLan me drive or eoe walkway
PQ ~ I.7'G of the estimated cost of this naming sad roplaaag of pavammt will be added to the
monti~ charsea:tbo~.
(3) When an inataliation is is an eras saved by a ea~to-caeased dta;t systan, additiasal chargr:s sbaed above
~d instead, the additional monthly chargr3 will be 1.?3[- of the ~imated coat Des the uadra~
~y
(~ ~ d Dt ttpsttxn, up to 150 feat Per Polq can be installed to ~ exiatiii
8 fie" ram is (A} abovr, faor ea additional masithl c6 g P~ ta~da the
ISO ~ pet pale,.8te Y ~ ~ 54.05 per polo For instsIIations ova
rbargea!~_(~ (I) above will applx is addition to the 54.05 charge.
APPROVED Ft)f:L (~IARGE ADTUSTMIENTS . ~ .
The Coa>panira ~ ~~ +ts, if say, ptusvaat to Nara[ Cam]ima C,eaetal Statute 62-]33.2, ar-31
°~n'fO °~ taQVioe ~PP]~d 4°da' this Schedule The aa''eudY appenvod adjnspmenta are inclitdod in the Rate above.
EXPLANATORY NOTES
(t) Lmnpa wt~l barn, i~ aFpt+aocitnatelynne half-hoar atbr sunset tmtil approocimatety sae half-hots be6ote sunrise.
~ °3` ~ ~Y nP~ bornM~n>! laeops and otherwise maintain the htmiaas+es during ~a* ~Y~
working horse following aotiftmtioo by the (:
(2? Luminairta will be iaataped only tin Campany4o~vvned poles sad all ihcalities a ~ woe u~. tltia
~ be ova ~$~ ed ~ ~ h~dware, ttsasfoa~mers„ oondend Atha apptstepanoea
(3) EQutpmmt (80~ ffi swims) not suppliod by We Company as standard is not avac7abk aada this
Scheduile. and shall not be im4Ued by the Cvtoauer.
(4) This Schedule is sat avat7able for tteasoosl ar otlxr part-time op~oo afoatdaor lua~aires.
(~ Secvix using overhead caodnctors is not ava0able in say aria designated by the
~sta~atioo apes, nor is any area, kx~tion, or premises being saved from an andergro,tmd ey as uadagroand
(Over} .
~...
3~~
[915) b+'F't~uc-ro
MRR 21 2003 12:37PM ORRNGE COUNTY BOCC
(Scheele FL (~ Continued}
(6} Where taro ro rntxe lumiaauts aKre idled fix service before November 12, 1991 a~ the same pole oz other
strunttur, ffie applicable monthly charges for each lumiaaite other than the first will be tedtuxd 51.78.
(7} wood piles latgrr than 40 Saet or stractarcs caber rb~ saoaar<i wood poles msy be installed far an extra monthly
charge equal to 1.?9L of the eBtimated installed cost difference the retested pole a structure and a
standard wood pok. but not lass than 55.59 per maath pa pile err str~xxcue. '
(8} Ltaniaeire locaaians shag be designated by the Ltistocyta, and where early ~ extension of axmdary facilities is
mquirod froth the nearmt distrtbutioa source, the rate per haninaue ity (!~ above mall apply. Whey the uerrnber of
roquitrod Poles exceeds the.numba of lutniaairrs regnestad; a monthly urge hat lei than t2.'1a per st~t,d
wood pole shall be made f+oc lumioatres iastatted for rervioe before November 12,1991. A monthly charge of 55.70
per standard pole shall be made for lnminairea iastaHed for service aRcr November 12. 1991. Whoa any
itiaa roquiros sm aotaoaian of primary ~cilities solely b saris the lamieaitea, sr! additional monthly c6argo
equsl b t .TR of the end chat of the pa~tttuery ra~asion shall be mach Should any installation requireguying
of sacmdary faalitiea, a eherge of 63 cents per month per gay shall be made.
PAYMBNI'
Bills under this Schedule are due and p4yable oa the date of the bill at the office of the Y &W are past doe
and deliaqueot ca the Sgamh day alter the da4e of the hill. if say bill is ad aQ paid, the hen the ri b
. snspmd services Iu additioor W bflb not paid by the twenty-S$h day afia tht: tote of d-a bill she snbjact to a ana
peraat (t'!o) late payaaut charge ar the unpaid amamt This Tate payment ~ strait be taadaed ore the folaowiag
month's bc71 and it shall became part of and be doe and payab~ with, the b,7T ao which it is reoder,ed,
CON1 RACI' PERIOD
The original term of contract maybe tram a miniaaun of three years to a of 20 years. Contracts wi0
eontimte niter the acigimal term nndi tamimbd by eithex !~ ~ ~ ~' yvridr.n botice,.aasd the Qoaspaay may
reQrmea deposit sot b exceed aao~half of the revaate for the acigiail tcrnn. The deposit t>Htl he retnmed d Bye sad of
die origtnei ~- Pyrwidal the t'~ao>Qr has and all pruvisacsu of the cxatract. Minimum trtay of £or specif e .
s shall be: .
(a) Three years far all laminaires deagoeMd by the Coynpany as standard sail Ixa~rlset mavatod on staadaz,d
Pd~
(b) Tea years for sU haaiaairea designated by the Catapeny as doooatttive, and far alt standard luminaires
. ~t~ auppor4s other Wan atandsrd wood pelts', and for primary rntteatsit>ns solety serving the
(c) 7~ueaty years for all hunm~ a supports designabd by the Campeusy as aoa-stindard. -
3~
North Cantina Sixteenth Revised iRaf Na 30
P.ffective for secures rmda+ad on sad sflrr Jaty i. 2t)t)2
Nt+UC Doc]oot Na. E-7, Sub 706
Order dated ~ 2s, 2tT02
Carla Thames - NCDOT Response to Orange County Outdoor Lighting Standaras
3~
From: "Chris Haire, PE" <chaire@dot.state,nc.us>
To: <cthames@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'-b" 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'-b" 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.
Thnnks.
Carla Thames - NCDOT Response to Orange County Outdoor Lighting 5tanaaras
3~
Chris Haire
CC: Mike Mills <mmills@dot.state.nc.us>, "Tommy Cozart, PE"
<tcozart@dot. state. nc. us>
3~
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
~~
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. Alight 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.
ai
- 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 maybe 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".
~'~
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 maybe 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 CNIL 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 Re~cclations
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