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Agenda - 06-26-2003-8n
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 26, 2003 Action Agenda Item No. ~_ SUBJECT• Outdoor Lighting Standards Zoning Ordinance Amendment DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Proposed Ordinance 2. Draft Public Hearing Minutes - 2/24/2003 3. Summary of Outdoor Lighting Standards 4. Comments from Commission for the Environment 5. Comments from Duke Power 6. Comments from NCDOT 7. Minutes from 4/2/03 Ordinance Review INFORMATION CONTACT: Craig Benedict, Director, ext. 2592 Robert P Davis, Planner III, ext. 2580 Carla Thames, Planner I, ext. 2603 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 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: Based on comments and questions from the BOCC on the June 17, 2003 hearing, staff have included additional underlined information. These standards, as written, will apply to the following: 1. New fixtures for existing nonresidential development. 2. New fixtures for new residential and new nonresidential development. 3. New and replacement mercury vapor lighting except for single family residential. 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, with certain suggested changes. 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 safety and security. Without clear standards, enforcement action is limited. In these cases, persuasion is the chief enforcement tool and generally has a low rate of success. LIGHT POLLUTION: 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 traffic safety, the restful enjoyment of the night sky, and the astronomical observations of stars. Without effective regulations, the detrimental aspect of wasteful, intrusive lights will continue to reduce darkness at night. LIGHTING ENERGY EFFICIENCY: 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 - 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? - Amortization is not recommended within the amendment. • Condition that requires solar lighting for subdivision signage. - Provisions have been included in the lighting standards that are designed to promote energy conservation. The proposed standards do not allow, with the exception of governmental flags, ornamental or area lighting that is projected upwards or towards reflective surfaces, such as subdivision signs. • Request information on the cost of inspecting lights - Flexible staff hours may be necessary on occasion for enforcement of the lighting standards. Equipment for enforcement is available without requiring additional tools. Does the County have the authority to regulate publicly funded streetlights? - On North Carolina Department of Transportation (NCDOT) maintained lighting, we have incorporated NCDOT's own requirements and regulations by reference. The standards do prohibit the use of mercury vapor lights. However, according to NCDOT staff, they no longer install or repair lighting using mercury vapor lamps, preferring the cost effectiveness of high pressure sodium lighting. • 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. - The Orange County Economic Development Commission has received a copy of the standards. - Town of Hillsborough Planning Director and Chamber of Commerce have received a copy of the proposed standards. - All above agencies will receive copies of Outdoor Lighting Standards upon adoption. Summary of comments from Duke Power Company a. Define "inoperable" as situations requiring complete replacement of existing fixture - Included: Term is no longer contained within the amendment. b. Not require submittal of lighting plans for all applicable lighting installations due to additional burden on applicants - Not Included: Lighting plans must be submitted for review prior to installation. A professionally prepared plan is not required, but a plan with sufficient information must be submitted for staff to review for consistency with these standards. c. Allow flexibility in the maximum footcandles allowed at property lines where owners want to share an area light - Not Included: Recommend not changing footcandle standards at property lines d. Clarify statement with regards to the visibility of "light emitting surfaces" - Included: Replaced this statement to limit the visibility of a "lamp surface." -see Section 6.31.7.C. e. Support use of cut-off luminaires as basis for regulations - Included f. Support 36' maximum mounting height, except for sport lighting - Included: See Section 6.31.7.6. g. Do not prohibit use of mercury vapor lighting - Not Included: Since mercury vapor lighting is the most wasteful of all types of luminaires, prohibiting the use is a sound energy conservation practice that many localities, nationwide, have adopted. Summary of comments from Commission for the Environment a. Can we use sections from model ordinances or other municipality ordinances so as to borrow language that might have already been applied and refined elsewhere? - Included: These standards were drafted after exhaustive compilation and review of model and existing lighting ordinances. b. Exemptions of the ordinance may be too broad. - Not Included: Consistent with current staff limitations, an ordinance requiring amortization of residential and nonresidential lighting would be impossible to enforce. At this time, it is important to stop new development from occurring in such a manner as to create additional light pollution and wasting electricity. At such time as additional staff could be added, we may revisit these standards with a field survey and inventory to include some of the exemptions. In the interim, staff may employ public education methods which would include design ideas. c. Provide method for retrofitting existing fixtures rather than amortization - Included: Amortization is no longer being considered. Retrofitting is voluntary on existing operable fixtures, most of which could be retrofitted with relatively inexpensive shields or other means to meet the standards as proposed. d. Create a design guideline companion document for use by the public - Included: This is an excellent recommendation, and will be considered if the outdoor lighting standards are adopted. e. Do the standards cover highway lighting? - Included: Traffic control signals and devices are excluded from coverage. Other highway lights are not regulated except by reference to NCDOT standards -see Sections 6.31.4.d and 6.31.4J. f. Clarify the term "governmental flag" - Included: Section has been amended to include a more comprehensive description -see Section 6.31.2. g. Provide standards for variance approval by Planning Director. - Included: This section has been deleted. • Summary of comments from NC Department of Transportation Include definitions, submittal requirements and performance standards consistent with NCDOT regulations for street lighting. - Included: This has been incorporated into the amendment by reference. 2. Information/Issues from Ordinance Review Committee review of amendments on April 2, 2003 and May 7, 2003 • Asked about the possibility of requiring amortization of non-conforming residential lighting fixtures • Requested that seasonal decorations be defined and the hours of use regulated • Suggested a 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: There will be additional demands on staff for review and field enforcement of this amendment, which could be addressed by utilizing flexible working hours. Planning Staff has available the testing equipment necessary for the enforcement of the lighting standards. RECOMMENDATION(S): Administration recommends APPROVAL of the attached ordinance amendments without the three provisions recommended by the Planning Board noted below. Planning Board recommends APPROVAL of the proposed amendments with the three additional provisions: 1. All of outdoor lighting standards apply to all uses. 2. Seasonal/holiday lighting be 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, which is consistent with Administration's recommendation. .• The Planning Board's proposal to amortize non-residential lighting may be feasible in the future if additional staff time becomes available to conduct a lighting inventory. Prior to that, education is suggested to encourage voluntary compliance. 6 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, reduce glare, and curtail the degradation of the nighttime visual environment in addition to Qromoting conservation of energy. It is the intent of these regulations that lighting unnecessary for safety or security be discouraged. 6.31.2 Definitions AASHTO: American Association of State Highway and Transportation Officials Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that no more than two and one half (2 '/2) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Direct Light: Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of a luminaire. Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Flood Lamp: A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Floodlight: A form of lighting designated to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. Footcandle: (fc) The amount of light falling onto a surface. Full Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see or to cause annoyance, and, in extreme cases, causing momentary blindness. Holiday Decoration: holiday displays, decorations and greetings, which relate to any federally designated holiday, legal holiday or religious holiday. Lamp The source of electric light: the bulb. To be distinguished from fixture and luminaire. Lumen: A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this ordinance, the lumen-output values shall be the INITIAL lumen output ratings of a lamp. 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 outdoor lightinq installed on public or private property shall comply with the outdoor lightinq standards as contained in Section 6 31 unless exempted in Section 6.31.4. B. In the event of a conflict between the outdoor lighting standards as contained in Section 6.31 and any other section of this ordinance, the more stringent requirement shall apply. 6.31.4 Exemptions The following are exempt from the provisions of the outdoor lighting standards as contained in Section 6.31: A. All outdoor lightinq lawfully installed prior to the effective date of the outdoor lightinq standards contained in Section 6.31, except the replacement of mercury vapor luminaires. Mercury vapor luminaires except for single family residences must be replaced in conformity with the Outdoor Lighting Standards upon the earlier occurrence of the replacement of the fixture or the lamp. B. Any outdoor lightinq including mercury vapor used for an individual single family residence where the residence is constructed as of the effective date of the outdoor lightinq standards contained in Section 6.31. C. Bona fide agricultural uses. D. Traffic control signals and devices. E. Temporary emergency lighting (i.e. fire, police, repair workers, highway maintenance and construction, etc.). F. Moving vehicle lights. G. Navigation lights (i.e. airports, heliports, radio/television towers, communication 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). J. Roadway lighting installed as of the effective date of the outdoor lighting standards as contained in Section 6.31, within State maintained rights-of-way provided that the standards of Sections 6.31.5.E and Section 6.31.6.1 are met, except for mercury vapor luminaires. Mercury vapor luminaires used for roadway lightinq must be replaced in conformity with the outdoor lightinq standards contained in Section 6.31 upon the earlier occurrence of the replacement of the fixture or the lamp. 6.31.5 Submittal Requirements A lighting plan shall be submitted with site plan or preliminary plan approval documents. The plan shall contain the following information: A. Plans, drawn to scale, showing the location, type, and height of outdoor luminaires including both building, pole and ground fixtures; B. A description of the luminaires, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations and product specifications from the manufacturer; C. Photometric data, such as that furnished by the manufacturer, showing the angle of light emission and lumen output; and D. Additional information as may be required by the Planning Department in order to determine compliance with Section 6.31. 10 E. Roadway lighting installed on state maintained roads must meet ASSHTO requirements for light levels and uniformity. Roadway lighting submittal requirements can be obtained in the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights-of-Way". 6.31.6 General Standards For All Areas: A. Unless otherwise specified, the maximum light level shall be 0.5 footcandle at any residential property line and 1.0 footcandle at any non-residential property line. B. All flood lights shall be installed such that the fixture shall be aimed down at least forty-five (45) degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. C. Any facilities that require floodlighting may not arrange the light in such a way that it will shine towards roadways, onto adjacent residential property or into the night sky. D. All flood lamps emitting 1,000 or more lumens shall be aimed at least sixty (60) degrees down from the horizontal, or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way. E. All wall pack fixtures shall be full cutoff fixtures. F. All lights shall be shielded in such a way as to direct light towards the Earth's surface and away from reflective surfaces, except as expressly exempted from the provisions of these regulations. G. Any temporary outdoor lighting that conforms to the requirements of this Section shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Planning Director after considering: 1) the public and/or private benefits that will result from the temporary ~ The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and Streets, 2001". Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. 11 lighting, 2) any annoyance or safety problems that may result from the use of the temporary lighting, and 3) the duration of the temporary nonconforming lighting. H. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the outdoor lighting standards as contained in Section 6.31 will be adhered to. The required Lighting Plan and associated documents shall be submitted and approved by the Planning Department prior to installation of any regulated lighting. I. If any street will be taken over by NCDOT for maintenance, roadway lighting must meet AASHTO requirements, and must be installed and maintained according to the NCDOT publication titled "Policies and Procedures for Accommodating Utilities on Highway Rights-of-way". z .-. Upward flagpole lighting is permitted for national and state flaps provided that the maximum lumen output is 1300 lumens per flag pole. K. Any interior-lighted signs may not be lit at night when the face. of the sign is removed or damaged in such a way that the light may distract drivers or adjacent property owners. 6.31.7 Lighting in Parking Lots and Outdoor Areas A. Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures shall be full cutoff fixtures. B. The mounting height of all outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting, shall not exceed thirty-six (36) feet above finished grade. C. Any light fixture must be placed in such a manner that no lamp surface is visible from any residential area or public/private roadway. 2 The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and Streets, 2001". Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. 12 6.31.8 Lighting for Vehicular Canopies Areas under a vehicular canopy shall have a maximum point of horizontal illuminance of twenty-four (24) maintained 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 asemi-cutoff fixture or shielded light distribution. D. Indirect lighting where light is beamed upward and then reflected down from the underside of the vehicular canopy. Such fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the vehicular canopy. 6.31.9 Outdoor Sports Field/ Outdoor Performance Area A. All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area. B. The hours of operation for the lighting system for any game or event shall be no later than 11:00 p.m., except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m. 6.31.10 Lighting of Outdoor Display Areas A. Top mounted fixtures are required for legally existing lighted signs. Lighting fixtures used to externally illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of this Section. Bottom mounted outdoor advertising shall not be used. Notwithstanding this 13 provision, the lighting or re-lighting of a nonconforming advertising sign will not be permitted if the light results in the expansion .of the nonconforming use, pursuant to Article 11. B. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred, to minimize detrimental effects. Unless conforming to the above dark background preference, total lamp wattage per sign shall not exceed 41 watts. 6.31.11 Lighting of Buildings and Landscaping. Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building 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. Section 3. This ordinance is effective upon its adoption. 14 NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County" be adopted. Upon motion of Commissioner Commissioner this day of seconded by the foregoing ordinance was adopted 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this 2003. SEAL day of Clerk to the Board of Commissioners ' DRAFT 9q MINUTES 1 ORANGE COUNTY BOARD OF COMMISSIONERS 2 AND 3 ORANGE COUNTY PLANNING BOARD 4 JOINT PUBLIC HEARING AGENDA 5 6 7 g .The Orange County Board of Commissioners and~ha ~ 4n2003 at 7:301p m ~in h e F Gordon 9 joint sess~o~~R; n Hillsbo ough~North Carolmab ry 10 Battle Co 11 12 COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Moses Carey, r., 13 Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs 14 COUNTY ATTORNEY PRESENoun eManagerJ oh'In Mal nk, JranAss start County 15 COUNTY STAFF PRESENT: C tY 16 Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff 17 members will be identified appropriately below) lg PLANNING BOARD MEMBERS PRESENT' Rachel (Preston, Howard McAdams, Mariaay 19 Bryan, Bany Katz, Craufurd Goodwin, Ted Tnebe , 20 Tadd, and Renee Price 21 PLANNING BOARD MEMBERS ABSENT: Vice-Chair Hunter Schofield 22 23 NOTE: ~ ALL DOCUMENTS REF ERRS N THE CLERK'S OFFICE ARE IN TH 24 PERMANENT AGENDA 25 26 27 A. OPENING REMARKS FROM THE CHAIR 28 Chair Brown said that some items that were~a ~epard ng the school systems merger w II be 29 week (February 1'T'r") would be delayed. Item g ~, 30 delayed until March 5'". Also, items 5-a a5~d 6-a will be addressed March 5 The closed 31 session will also be addressed on March 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 ed by 42 Verbatim Minutes from audioones the request of Commissioner Gordon, typ 43 Nancy C. Glover and Jeanette J 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 Amendmen 48 regarding Outdoor Lighting and we are going to hear a presentation from staff." 49 50 51 2 15 (~ (~ ~T 1 .Crai Beneaic~ v~~ca.a..~ -•--- pirector. Tonight we will be 2 "My name is Graig Benedict, Orange County Planning Ordinance. The last 3 four items. The first three items are amendments to our Zoning 4 addressing close) related to enforcement provisions that zonin . So, we have items, actually the thiido and fourth items we'll be talking 5 item is a subdivision amendment which is very y ,nand one for zoning. 6 are noted m the 9 ~ about tonight are enforcement provisions: One for subdivis at the odium. We have 8 oin to do is start off my presentation tonight here P 9 "What I'm g 9 e resentation material which I'll be showing from the seat behind the dais t ere. 10 som p 11 " he first item has to do with Outdoor Lighting S~ o d alking about some new standards 12 T 13 limited standards for outdoor lighting. III do a presents 14 there. 15 "The second item has to do with stream buff the defin't onsswe have for streams reams 16 tJ.S.G.S. maps. We are increasing 17 are identfied by ~ g identification to include.....' 19 20 a. Amend Article 6 to establish Outdoor Lighting Standar s ill start off with the 21 "I will move my location now to the dais behind you and I w 22 Crai4 Benedict:- 23 outdoor lighting 24 ~ eo ie who have signed in for the public hearing and I do 25 My staff will get the p P 26 understand thaf there are some people who do want fo speak on a few of these ems. 27 ed into one tonight, we will move with all 28 ~ "Since we do have kind of two meetings wrapp due speed with all Proper comment that we can at tone ht s out oordl'ghting standardsmThis is 29 30 tonight. The first item that we are taking a loo 9 ethin that has been put together based on comme at from the Commiss on fo Bherd, from 31 som 9 32 the citizens that see new developmenh s as something to examine. The one area that we are 33 Environment who has also taken up 4 talking about presently are existing standards loenentldistricts~there isjust m'norreferences to 3 osed 35 districts. And even within the economic deve p conservation 36 where the lights are located and things ht nhabut the amount olf energy and energy 37 standards, we will talk about not just g 9 at is involved in I'~ghting. And we will talk about what this means when you change regulations 38 th 39 from one thing to the next. 40 reference to asking for fighting standards in our present code is a 41 "Presently the only other information that is 42 section at the end of our imp) sked ffo1Oth s ir-fo'rmation when we review site plans. Moht Kral 43 necessary. And so we have a Y g le to g li hting in them so we are in no wa askin for peop 4.4 subdivision are not putting g osed subdivisions, but if they do we want to make sure of the light spill is a minimum. And as 45 46 mentioned economic development dishe amount of the I ght sPiU that coerr'es n diffeorent areas of 47 standards do a few different things. T ro date can cause a certain amount of sky glow 48 the county if the I'ightin9 standards are that slot of people enjoy. 49 and it can damage the typical night sky 50 3 ~ T ~~ "This light pollution I think a lot of people can attest in the last five to ten years has been 1 nized last week on a foggy night 1 was driving back from 2 appreciable. And was even recog 54 ou could see this major glow. I said that can't be 3 Carrboro in the distance on Highway Y 4 Burlington, it can't be Graham. It was a small car d~{aeeeship out in White Cross area, tha 5 looked like it was some sort of major sale going on 6 7 "So even some small projects can really have quite an impact upo th selight pollution can g environment that is out there. Besides thk sk benjoyment o fhe neighbors. You will also notice 9 affect the enjoyment of the night, the da Y 10 that driving conditions based on inappropriate fighting can also cause hazards while driving. 11 Energy conservation, we just didn't want to limit ietamountof energy necessary for hausingr age 12 of energy star housing where we are reducing th 13 there is also a way of reducing the amount of en el owfor 9S ttheren s the blue I'ghts there is the 14 differenthcol there es t ehredd sh lights. there is y 9 15 white g 16 " es of these lighting that are high-energy consumption. And what 1 ~ There are certain typ va or 18 we are suggesting, at least at th ` Pedlhi hh ernerg ycon~su ption~hAnd therenis a chart which will 19 lighting which is as we have ana yz g 20 go next that just gives an example of some h b ll afterwardsres that are out there and some o 21 the costs that accrue to the people who pay 22 23 ~ "Now we also understand that the cosctfit~eshbut also) f yolu t ke'a o ok at the cost of that 24 improvement and costs of providing these fa , 25 electric service afterwards by reducing thld be brou ht down. consumption, the need and 26 dependency on sources of electncity cou 9 27 28 "Also another initiative that we are taking a look at is where possible, where feasible, 29 where appiicable, we are encouraging the use of solar lighting ,and solar lighting technology 30 just over the last five years has moved forwardlfcation at ou bbuilding n Orange County here 31 proceeding with some sort of solar lightang app 32 that was knocked down in a storm a few yeaw tecdhnolo ry for solar fighting fo that sign ou {ting 33 and so we hope to use and attempt some ne 9 34 there. This is just a quick chart of en h9h~essuretsodiumW 75 watt fxture's a~bou $ 000, 35 annual operating costs about $19.00, g P va or -175 watts, 36 middle ha{ide?? -100watt bulbs, $37.00 approximately, and mercury p 37 $67.00. 38 39 `So you can see almost 3 and'/2 times the cost of providing lighting with differen es 40 of fixtures and applications. Now there is a combination- it doesn't mean that you have to 41 provide 3 and'/:times as many lighting fixtures as low pressure sodium to make the project 42 work. This is just an example of how we haration n The consege nces we hope that the benefits 43 sure that future lights take that into conside ro riate security for people that want to 44 abound, better driving conditions still allowing for app p 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 usi a oth he os tivevconsequences, we d'd not elulc date any other 49 techniques. So those are som P 50 issues that have negative consequences. . 51 2 s 3 5 J 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 47 48 49 50 51 ~~~~ 4 ~ ~ .~ ~~ "So that is in essence where we are going with the new amendments to onizle a note that tandards. That is all for the presentation that Robert has tonight. We did recog came in from Duke Power that mentioned athat some Harts were good and they would I ke to ust read this before the meeting, they said P work with us on some other parts that discusdsaed auto new development and th ngs I ke'th tghat We do have certain clauses about this woul PP Y I in some of these new concepts we have been working with the industry~and have been app Y 9 with some new projects that h unctional and Iusablel'by the developmentacommunity and by the optimistic that these are both f electric contractors and by the power compani ers that haversigned up and we canemovte to'that able to field them, if not, there are some speak section. Someone on the Planning Board had a question that I could not hear. Another question I could not hear. I~ 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 fighting. 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. the amount "But there is a lot of information in here about what light pollution consists of, 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 then: too, the good, the bad, and the ugly. `I just want to give us all a (and I am going to apologize to everyone in the room here, you are going to go home looking at light fixtures, driving down the road now and moaning about bad lighting and good lighting, at least until we get this Ordinance implemented, not for the rest of your natural life hopefully). So the first 3 of these basically give you and idea of what good basic lighting designs are. `And the idea with this Ordinance, as I am looking at it, is to just have good fixtures put in and it is a pretty simple matter; it is just an engineering, a technical fix. The idea is to have the light shining down on the things that you want to light up.and not in your eyes, not creating glare and not creating safety and security concems where you can't see what you are supposed ~[ ~ 0 ~ TE s they are called full cut-off m to look at. And the way this works is like all these first 3, 1 to be try' 9 do not let the light go above the level of the fixture. And so for light 2 fixtures. Basically they ou a whole ur oses that keeps the light except what is refl nc{he kytand also saves ye air, be ow 3 pollution p. P o back a 4 the fixture off the pavement and keeps it from ending up of re ular street lights here, g 5 lot of light, saves you a lot of energy. And so you have g 9 this is what you would want to put out in this parkiag lot instead of these acorns that 6 couple, and it u in the 7 basically emit light almost 360 degrees just spray P ut a fixture in a 8 9 "The 3'~ one which shows ouath away frome9 is not in Youl~eYes and all the fight is going 10 box so that if you are back far en g . Then ou have two options for a sign, either frou e b thererare a bulnch of them alt IIt 11 down Y 12 signs that work really well. Then there are the bad fixt , ttown, then the wall pack, #2, If driving down 40, look behind Harris Teeter Chapel Hill 13 Eas these things: 14 North, the whole highway is tit up by 15 et the totally ugly effect, which you can get by driving etiaig{ t back 16 "And then you can g over the hill. So, in the summation pag g 17 towards Chapel Hill, just as you come up where they do not have a comprehensive lg pollution is a is that ncludes Orange County. untry 19 Ordinance an 20 21 "So we have got a good start on the Ordinance. Then given that it is ki'dhink we are 22 brainer, all you want is light where you to the work tha has already gonea nto~that. For this to 23 moving right along and I really apprecia ettin 24 actually be a success this is kind of like air polnst{n the towns and at the un~ive sityswould be g 25 the same things happening in other ~unsdictio w-de 6 something I would want to motivate. So to the d d could a ewseo elu 9~ rmity on these things 2 27 working group for a little while working on this an 9 28 that would be great. 29 ust occurred to me, it is possible to even light ball fields and things that you 30 "One thing j 31 would think would just have to create this bill balls f li ght. t enable inghe ne'ghborhood t So we 32 qn make even ball fields and big facilities like th p ttY 3 can actually bring bads the stars in town and that h' k ow ,t takesla wh~e fob1Ordinan'ces and the 3 g ut out of business. And 34 astronomers were bean p 35 I'~fe-cycle of these futures to go thcough, but es I thi k tha~s something t~hatrcan just'be done 36 pollution approaches. in all county facdfies go , 37 by the people that are planning the facilities. 38 39 "And I would really encourage that and tha hook at' t officially for the Comm sshon for the 40 a referral on this Ordinance so that we can take 41 Environment. 42 lete different topic, I was the recipient of an Orange County Arts Commission 43 `And on a carp iY rant fast year and there is a pile of these CDs over there that were a result of that (five or six 44 9 45 and they are for you all. Thank you very much. 46 47 Bill Wal r. "Hi, I am Bifl Walser, a resident of Ofa made the pre entation ti I am an amateur e 48 International Dark Sky Association which ~zsicai Y 49 astronomer, I have a private observatory just off Dodson's Cross Roads where I do deep space 0 ima ing. It's a university quality facility and there are tk skieser of other amateur astronomers in 5 9 51 the area, who until just recently have enjoyed very da 6 ~~~~ T ~a 1 last ftve years have been brutal on the sky. I ~ nt ri ht nowti o 2 "As the staff said, the im off' g roblem 3 encourage you to see this Ordine~ one is being hea vlytdevelopede It is such a simple p 4 Orange County. as the rural buff 5 to solve as Mark said. 6 idea is simply to have people buy fixtures that light what they want 9t• that is~k at ~ "The oin u into space, that is just ener y g these domes of light that hall of the light is g ' 9 P 9 wasted. I thought Ca oro 10 11' "The first night that Carrboro turned on their new Municipal horn because of the huge little properly, which is about 12 miles away 12 was burning down from my dome that it put up that was not there the night at least thank God Carrboho d'dn'tbum down. 13 nized what the problem was, 14 immediately recog g bein 15 16 "But that's why this is so important; it just takes a fewa~g cular't dur ng the summer 17 wasted with this tremendous wattage going up into the air, p Y son where humidity is high in the air, you tend to trapoUlhhdat lig chemicals m the waterto lg sea , 19 produces these light domes which are as polluting as i y es of pollution, 20 the air. Fortunately it is much simpler tan °i~ they counbry hashfixtures that conform to a large 21 because every major light fixture comp Y 22 number of these Ordinances all other the country. one of them 23~ 24 "And so it is not even a problem ofU` spand lit is just' ags mple matte 9 orEthe aarchitects to 25 make conforming and non-conforming fixt 6 s ecify conforming fixtures and it saves the tenants a lot of money. So there are very few 2 P icall the only people who 27 people who find a problem with it and the power co nP hard to be res onsible about energy P 2g find a problem with it-and even thument forl them to bring up other than trying to preserve. 29 savings and it is a very tough arg 30 31 "You know in a lot of jurisdictions they ma~lethe uarticu a~ffixture needs to be eplaced. 32 Here, the Ordinance is not proposing a retrofit un P So. it is all. just gang forward and that is why it is so important with the development that is going 33 34 on in the county. 35 36 "So I felt like I needed to come forward and e a malleable job of relsearch and coking at 37 And I have say the staff of Orange County has don 3g Ordinances in other parts of the country and looking o nh eeither overboard ortnot havinglanking 39 at the basic common sense application of it without g g 40 effective Ordinance and I hope that in some form similar to the draft it will get eventually 41 accepted. Thank you. 42 name is Ron Osborne, and I am here tonight representing Duke 43 Ron bsbome: 'Thank you. MY sition with Duke Power is that I am the Engineering 44 Power regarding the Ordinance. MY Po 45 Supervisor for the Durham, Burlington, Chapel Hill service areas which encompasses all of Alamance County, parts of Guilford, counties to the 46 Orange County. Most of Durham County, that I am heartened by the 4'7 north and south and everything. 1 wanted to lead off by saying 4g 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. 1 applaud Orange County 50 for taking a look at it. ' DRAFT pots 2 "Duke's interest in this is to make sure that the Ordinance is simple followed which wit 1 ao 3 equate to compliance, which will equate to effectiveness. And to that end, and to the intent~of 4 trying to limit fight trespass, the remarks that we have provided are geared. Let me just say a 5 couple of things because I appreciated the preceding speakers. 6 7 "The first thing is that part of my business is to look at lights all the time whenever I m 8 riding down the road so I know how everybody feels when you start thinking about things and 9 you start looking up. And I do se t the O dinantce can address thalt.g problems. And it is relatively 10 simple to fix them. And I think tha 11 12 "The other thing that 1 want to mention because I found some common ground. I live m 13 rural Alamance County, not far from what is called "Three College Observatory." I've beer} up 14 there a couple of times with my children to observe the heavens, and the light pollution is a ~15 problem. It is getting worse, especially on a foggy night. The moisture in the air does cause a 16 problem. And if you go out and look, you'll probably notice that some of the greatest ottou ook at 17 unfortunately, are governmental agencies. You look at the highway lighting down 185, y 18 the lighting over different municipalities. And it is going to be a tough issue to tackle unless 19 municipalities and govemmental lighting is included. And, again, I applaud Orange County 20 because, based on my interpretation of the Ordinance, that has not been ignored. So, t 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 lighting 28 applications. This is of concern to Duke Power from the standpoint that, due to the volume of 29 lighting and everything, it is going to be challenging for everything to be submitted and reviewed. 30 I'm not saying it cannot be done, but the burden of the submittal and the approval process will fall 31 upon the requesting party. And it would be up to a public utility like Duke Power to, we'd have to 32 have that Dome in hand from the requesting party to us. That is not a service that could be 33 performed under the current rate structure. So that translates into extra cost to a requesting 34 party to have that submitted. and brought to us, something that as approvable. Again, I don't think 35 that, I know that Duke Power does not have a position on that. We are just making everybody 36 aware that that is a direct action of the Ordinance that will take place. 37 38 "A lot of lights that Duke Power puts in are situations where there is a fanner or 39 somebody that has a convenience store or just somebody's got their own home, wants a light 40 installed. Duke Power supplies lights under the North Carolina Utility Commission, which 41 approves the I'rght selection that is installed. And, currently, the guidelines we follow to put the 42 lights up are fairly straight forward and our desire is that they remain so under the Ordinance. 43 . qq. 'The simplest way to do that is to make the foundational Ordinance the requirement of 45 cut-off fixtures, which I think would probably address 90 percent of the fight pollution, light 46 trespass problem that we see today. The biggest irritant is the point source of light that you see 47 when you are outside looking at the light, and that light is not directed on the surface, it's directed 48 out, and even a relatively small light from a distance will be an irritant just because of that point 49 source that you can see.. A cut-off fixture would address that and it is something very simple to 50 do. 51 g p~AT a~ ~~wo "One caveat to that, to governmental agencies is that when you use cut-off fixturWe first 1 2 requires more fixtures in a given area toCh rr fotte Metrop titan area over 20 yearos agoyand it a as 3 experimented with cut-off lighting in the ve many advantages, but one of its disadvantag samehi luminationeS it takes more lights m 4 ry ratio and the 5 distance to have the same uniformity 6 that this is 7 "So, what that translates to is more ~o illuma ateca subdiv sio'nglim not DsaOying 8 municipalities, even private parties that want 9 a bad thing. It is just a fact of life that will happen in many cases. 10 va or. One thing to 11 "The other item I tacueR ntly, thalt s thehlowr~ost'toption a approved by the Utility '12 keep in mind on that is tha , a flies. Mercury vapor is available in cut-off fixtures so the light 13 Commission for most requesting p 14 pollution issue would be address but the consumption issue would remain. a flat 15 16 "One side note about the consumps'ed on flat rate a Mercury vapor fixtu~e is a low-cost 17 rate, it's not based on consumption, it ~s ba 18 o tion because it is less cost to install and it's less of the fac I'i ies and the tcost that Duke Power P 19 are based on the cost of the consumption, the cos 20 has to expend going out there and makingou h t Isrmore efficient!ISo there are some trade-offs. 21 involved than the mercury vapor, even th g 22 It's not a linear comparison that can be made sometimes. 23 24 "The other thing is that the electricity that ises but the gotwer system that Duke Powere 25 energy. I know that is hard to comprehend sometim P 26 and the other utilities use to generate electricity is that g enerati ndwhether weouse' igortnot. And 27 which occur during the daytime. We have to build g 28 at night when the load is down, we've still got that gednu ratio eak timese at's kilnd of I kerbu ding a 29 And using it for illumination actually offsets the co 9 P . 30 four-lane road to get to Kenan Stadium but you only needs itof thte yea wand offset the,co s of ~ at 31 road there all, it would be nice if you could use it every Y 32 and that is how lighting is viewed. Ana agoves forlus to build the maintenance cost are 33 considered in what the Commission pp 34 35 "In closing, I would like to say that Duke Power, and I, mY~eciateothe opportun ty we'vee 36 the dialogue with the County and other interested parties. We app 37 had so far. We look forward to getting effective, and simple and, ultimately, workable Ordinance." 38 "is there anyone who was not signed up to speak who would 39 A. Nicole Gooding-Ray 40 like to speak to this tssue at this time? OK." I didn t see 41 42 Barry Jacobs "I would like to mak ss ns r-hoicmh a~etbasca ly advert'i ng signs. We don't light . 43 anything in here about subdmsion g 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. Bndationo havetalshmplet cleanerway of olok ngrat fixtures 47 keeping with Duke Power recomme 48 on a periodic basis. I don't know how that ta~ki~s about allnstreet ligh~ts.yl'm not sure we have 49 publicly -funded street lights or rf you are g 50 control over publicly-funded street lights, but we do have over privately-funded street fights. 51 Probably the grossest tight polluter in central Orange County is DOTs new interchange at 9 1 Efland, which you can, I would think you co aldwe have om th ng adopted that we bring thisto 2 would hope that when we get to the porn 3 the attention of our Division Engineer and a Couns our concems because that's a real shame 4 what they've done right in the middle of the ty ~~' as 5 6 "And another egregious example would be the bank as you are coming into Hillsboroug 7 on Old 86. I wonder ff under 6.31.11 - Lightik aOnd B nik lif phis Ordinance adequately covers the 8 review that section and think about that ban , 9 gluttony that's involved in the bathing of that building in unnecessary light all night. 10 11 "And also, I would just like to suggest that on 6.31.9c: I think you want to say, "shall no 12 exceed one hour after the end of the event." 13 14 "Thank you." 15 16 Moses Carev. Jr. "I heard one of the speakers speak and he was encouraging, a was 17 admiring the way the existing lighting or amortization of existing lighting was dealt with in the 18 Ordinance, but I heard someone, one of our Planning Board members ask about an 19 Amortization Schedule rather than the way we've dealt with it in here. And I think I heard you 20 (word I couldn't understand, maybe, "speak")favorably of the way it was dealt with in here. 21 22 "Does any of the other speakers have any comments on whether one or the other 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 period of replacement would be the perfect world, tha 31 would be a wonderful thing. My personal feeling is that it is much mare important to get a good I don't 32 ordinance on the books at this stage of our development. Given Duke Power's concems, 33 .see any of those issues that are not easy to work out. If you start reaching into people's 34 pocketbooks, [or't over?] fixtures that they've had over a number of years and pushing them, 35 you're going to get some vocal apposition. To me it's much more important that we get - 36 contain the growth of bad lighting in Orange County. Time will take care of itself. You know that 37 the International Dark Skies made a huge effort in Manhattan, which most people would think is 38 an impossible task and they didn't even do it by retrofitting. But what happens is that in 39 Manhattan because of the aggressive retailing environment, facades are redone; often, store 40 windows are redesigned; store fronts are redesigned, and every time it is renovated, it has to 41 conform. Within ten years they did an unbelievable job of reducing vertical light pollution out of 42 Manhattan. Of course, the problem is everything around Manhattan is still non-conforming. That 43 was the reason I said that. Not that it would not be ideal to do that, but, my personal feeling is 44 that it is very important to get this on the books and functional, and protect us from what could 45 happen in a rapid developing period without any ordinance." 46 47 Moses Carev. Jr. °So you don't think we have a perfect world here?" 48 49 Ron Osborne "No " (Laughed) 50 51 Moses Carev. Jr. 'Thank you " . 10 ~~ 1 2 Ron Osborne "If I can make a brief comment II new installations init'ally, and UthenStmaybe be 3 (ike to propose is that the Ordinance address 4 revisited in incremental steps to see, if, based on its efficacy, does it need to go back and revisit ~ retrofitting. . 6 7 "The retrofitting issue is problematic frog ne'serolcketbook nSomeone's I'ght goes out and 8 has been mentioned, iYs going to get mto som p 9 then all of a sudden you inform them, '~cr~e sed ost~ I think the gmportant thing to dohwo~uld be 10 fixture or whatever. It s going to be an then, over time, I think that the 11 to stop the bleeding based on the new installations. And, 12 grandfathered or the existing installationskes alnd th na s ht thingseButdwhat we would desire 13 they do wear out. Eventually fightn~ng str 9 14 from Duke Power's standpoint is something that does not place an undue burden on the 15 consumer and that can be done in an orderly and logical fashion. 16 17 "You may have a situation, and it could be a municipality or a County agency or priva e l g party that has a whole system of lights. One light needs to be replaced. Because it's replaced 19 and does not match the rest of theSYosit needso be looked at morencarefully than' just a the 20 illumination quality of that system , 21 wholesale retrofit that gets triggered. I would like to offer you that Duke Power wants to be a 22 good steward of the system that we have, and we want to make sure that we are making the I live in 23 best decisions for the Comm I look forward t the day th t Alamance County has some sort of 24 southern Alamance County, 25 ordinance, again, that is not reactive, but it is proactive. That is what I would hope that Orange 26 County pursues. ' 27 28 Barry Jacobs "May I ask Mr. O`'bh s~ a question? How much does it cost to install a shiel on 29 one of the sodwm vapor stree g 30 31 Ron Osborne "When you say a shield,~l twin chos'whatlkou see in most people's backyards. The 32 There s what s called a nemahead (sp .) Y 33 bulb is in there vertically. And for years, things were done like paint the sides of them, or 34 whatever. That's not proved to be very effectve. Duke Power ceased the practice of doing that 35 about five years ago. There s probably some of them out there, but it's just not very effective. 36 Cost wise, I don't know what the cost of the actual material would be, but the cost of sending 37 somebody out there and performing the work, especially if that cost is not passed on to 38 somebody, which ultimately it would be, you're probably looking at a minimum of someone in 39 the fifty to the one-hundnd dollar range, by the time you assessed it, got the material, went out 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 relocate a pole, which going 42 out there and sending somebody to take the fixture off the pole, put it to another pole, is a flat 43 rate of $280.Or $268, excuse me. And sometimes it's less than that and sometimes it's more, 44 but that's kind of an average. So, it's not always cheap. The workforce that we have to utilize 45 to be experts doing what they're doing, moving a light is a relatively simple matter, but they've 46 got to be prepared for all kinds of contirigencies, so it's not always that cheap." 47 48 Barry Jacobs "Thank you. I'd like to request that staff look into that. Piedmont Electric said that 49 they would do that for nothing that the owner of the light had to request it, not the person whose 50 house it's shining into. So, I would be very interested in knowing 'rf it's different by utility or, 51 maybe, I'm not using the correct term of arc (?}, but that was the information that I got, and that 11 ~~'~ certain) influence whether I thought it was a reasonable thing. tf it's going to be less ~~ 1 would. Y reasonable, then, 1 might want to consider at least easo 9 is d et leastghe schools and the s so 2 enod of tim , 3 that their lights are phased out over a p munici alities and the County phased out the lights that are polluting and take, and again, as we 4 P example. 5 often say, lead by 6 ~ Nicole Goodin4 - Rav "Commissioner Halkiotis. 8 I've been Commissioner Halkiotis "I just wanted to make surentha~ v both ends of the Couty.'n to ge 9 10 some of the proposals out to the Chambers of Com and this County long enough to know that I have see allot of sea1rch I'ght ~ f om Chapel Hildl 11 aro 12 entertainment, indoors and outdoors, and I ve also seen ood olic to et 13 Boulevard to Hillsborough and parts nortiness west. I think it would be just a g p Y community know what's being proposed here." 14 this before both Chambers to let the bus 15 " 16 Nicole Goodinca_Ray "Mr• Bryan. 17 his s Baker did not come to the mic so I could not hear 1 g Ja Brvan Ptannina Board Member [T ~ P ole? 19 all he said] " I have a couple of quick things. Therm nk cou have, deli i ion for CCUt off and [Pere 20 it talks about cut-off features. And the definfion I Y y ole? 21 full?] cut-off. And my suggestion would be that where it says "cut-off" it should be real) [p 22 full?] cut-off. That means that you donut let~hcut-off so Irminotusure how would applytbut that's 23 horizontal. 1 didn't see the term [pole . full . ] 24 one suggestion. 25 26 °The second one was that the ligntina dlthat kind of thr'ngnThat`s made a part of what's 27 consideration for energy -efficient ligh g 28 being required. 29 about how you measure light, that is how the County, 30 ."Thirdly, there wasn't anything complicate the Ordinance by that, but 31 what kind of techniques [couldn't understand him] ... 32 there's nothing in there that defines that. . 33 es of 34 "The last thing is these, some compendium of [pictures? fixtures?e dix.. Thank you " 35 ~ [couldn't hear him] ...fixtures that could be used [couldn't hear him] app 36 . 37 Nicole Goodinct - RaY `Ok, [Ms. Price?]" 38 ~ "Peo le who spoke, whether they thought the issue was more the 39 f Ms Renee A. Iman Price . ] p ou know, which would 40 type of fighting, or whether it is the design of the light fixtures itself and, y 41~ actually achieve the I'~ghting you want overall for the efficiency? 42 43 Ron Osborne "It makes sense. While I've 9OWe y ro~ dedt there lis tthe rate s h d les off ed by 44 Mr. Jacobs, in the attachment that Duke P P 45 the Commission. There's a contract period on the la once that cunt act period for whaever the 46 investment and everything. If the fight was replace 47 light is, and it varies depending on the type of light, was met, then that cost would be greatly 48 reduced. What hurts is when the light just b the tines ent.tSonthat soa fac orointthere. because 49 you haven't recouped your investment from P 50 .. 12 a~ ~4~~ ~ ueston, it would probably be answered by the first two speakers from 1 "Regarding your q that from Duke Power's perspective and my 2 their concerns of, and their perspective. I would say va or, high 3 professional experiences that the type of light, as far as metal halide, mercury P 4 ressure sodium, low pressure sodium is a lot of times a matter of personal prefd fferently. Of P 5 esthetics, you know the color rendition eEa ht, Is whatloo s theo ncest but tl sgalso the most 6 course the metal halide, theln{ of ma ntenance, materials and equipment. 7 expensive from the standpo' 8 ass issue is more of improper application or the use of fixtures that are g "The light tresp e cut-off fixtures because when the light projects b e s de.aAnid you scan see awsmall poin9 10 not th 11 down on the surface intended. It's alshrele College Observator?] you be u on atclearllnight when 12 of light for miles away. Again, from [T 13 southern Alamance County and see those lights for miles and miles even You could 14 there is no moisture in the air. It's not the light that's being projected on the roadway. e same pe lights, same wattage and everything, but if you had the cut-off lens, it would 15 have th tY e down on the roadway and not that point of light thatdeou see from miles away. I think it's t e 16 b 17 application, the type of fixture, that s the biggest offen 18 ?That's what I was, I mean. Does it mean that 19 Ms. (Price? 1 "And what about the efficiency . 0 we have several low wattage, I mean, would we have like a hundred low wattage light fixtures 2 21 for a certain area. What would that cost as corr-pau don' have the domes.e [she wasn't speaking 22 brighter lights but with the proper shielding ...if yo 23 into the mic so I couldn't hear everything she said.] 24 Ron Osborne "From a lightng design point, you are usua{I loy b stt he rat o of the brightest area toe 25 26 lights because that helps what is called the uniformity 27 the darkest area. But oftentmes if you are talking a~ re olesl fitting m somebody's yar ou 28 know that's more things for a car to run ineo, oawrier buy rights, and very understandably doesn't 29 especially if it's a street project. 'The prop rty want a pole in their front yard, then you can't sometim fsosmh!ft as o and your spacing~tSo, that's 30 31 front of their house because then it throws out your un hln else, 32 why there's a variety of fixtures and pole sizes and bracket lengths and everyt ~ 9 33 because one size does not fit all. 34 35 "To give you an example, on State higAnayso~ho ofPght falli g on the DOTlhiyhwayres 36 ~a lightng encroachment, just like they would. Y P hard to make 37 has to be approved just like a pole sitting in a right of way would have. It's very es and 38 one size fit atl. So that's why there is a lot of varieties of different fixtures and lighting tyP eve ing else. But the one basic common thread th t but thea ams fromithehel'Iminationtof that 39 ~ 9 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 questons . 45 46 "ls there a moton?" 47 4g Chair Brown `I move that we refer this to the Planning Board and return it to the Baard o 49 Commissioners no later than May 20 . 50 13 ~ ~Q~~~ Commissioner Gordon "I'd make that a motion an dl'read`AdministrafionCrecommends~efer ing ~~ 1 2 Environment, if it's the Board's pleasure. So it wou 20~, 2003." 3 the proposed amendment to the Planning BoardCa mmiss n~ers no sooneEthan Maynt for a 4 recommendation to be returned to the Board of 5 Commissioner Jacobs "And do we want to have then nomom~ et twooseparat vrecommendat ons?° 6 7 recommendation to the Planning Board or are we g g 9 8 9 Commissioner Carey "I think we ought to have them make it to the Planning Board. 10 11 Commissioner Jacobs. "So do I. If that's your motion, then I will second it. 12 13 Chair Brown "Motion and a second. All those in favor, please say `Aye. 14 15 VOTE: UNANIMOUS 16 1~ [END OF DISCUSSION ON THE LIGHTING ORDINANCE 18 19 20 b. Amend Article 6.23.7 Stream Buffers and Article 22 Definitions o 21 broaden the methods for identification of streams that require stream 22 buffers. The specific change is to include a provision allowing use of the 23 Soil Survey of Orange County and field identification by County staff to 24 identify streams subjeca~ of the amendment. new definition for Water 25 Feature is added as a p 26 27 Craig Benedict made this presentation. He said that this is a change from the existing 28 zoning code that talks about the identifying streams. The streams are identified on United States 29 Geologic Survey maps (USGS). The suggestion is to incxease the opportunities to identify streams 30 with two additional methods' The first method is to use ~ ~n9e~rou t~e~ SpueNOple ~ns• The 31 Department of Water Quality has also Put together a ce P 32 identdy streams or identify that somethin oithe zon ng code so that when subdivision's are 33 recommendation is to add thrs provrsion 34 analyzed, they can take into consideration all of the aspects of a stream. It has also been a gaal of 35 Orange County to protect the headwaters because 85% of all areas drained in the County are 36 headwaters. An implication of this provision is that there will be additional stream miles that will be 37 protected. 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 i a but she wonders what the mpactt wpouldsbe onShe 41 wants tp protect streams as much as possib e, 42 people's properties since so mu Board comm n~.mrght be in this classification. 43 There were no Planning 44 45 Public Comment 46 There was no one signed up to speak to this item, but Chair Gooding-Ray asked if anyone 47 would Pike to speak. 48 Robert Nichols, a retired dairy farmer, said that he went to the Planning Department t ay 49 to ask about this provision. He said thahrCrairo Bene hi s would take about 37bacres o hes 175 m 50 buffer would be from 130-170 feet. On p PedY ~~~ H x O O ~ H a ~ w W a a O x A ~ ° ~ z w ~a z ~ ~ O b `~ w _ ~~ a ~ ~ ~ z ~? ~ x a s~ ~ ~ ~ g wzb O ~o ~ d0 ~ z ~° o Wb z oa ~ w c .~ ~ ~ ~ ~ z~ ~ ~ Q o w ~ x ~ MM~ y 1+~ ~ + ~ ~ b ~ b ~ ~ z a W a a o ~a~ .~ ~ ~ ~z•~ °z x ~ ~° O •~ b • z ~ w a w z w H 0 W w W x z F W A ~a 3 z x H x w A z A N ~o V w A a 3 N w A W~ a x w x H 0 ~~ Orange Count Commission for the ~n~ironment c/o Orange County ERCD 306-A Revere Road / PO Box 8181 Hillsborough, NC 27278 Phone: (919) 245-2590, Fax: (919) 644-3351 Memorandum To: Nicole Gooding-Ray, Chair Orange County Planning Board From: Cara Crisler and Richard Whisnant, Co-Chairs Orange County Commission for the Environment Date: March 21, 2003 Re: Proposed Outdoor Lighting Standards Amendments The Commission for the Environment discussed the proposed amendments to the Zoning Ordinance addressing outdoor lighting standards at its March 10 meeting. The Commission supports the idea of outdoor lighting standards and commends the staff for this proposal. Light pollution is a problem that has been raised by members of the Commission in the past and the Commission feels that Orange County should take proactive steps to begin dealing with the problem. If the Planning Board's review process for the proposed ordinance ultimately stretches beyond the currently planned timeline, the Commissiort 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 ead bhave been appliedeand ref ned elsewhere?w language that might alr y • 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. GE CO TY NORTH CAROLINA CELEBRATING 150 YEARS ~}~~ ~ a8 • 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 9 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(8), "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 ORANGE C01~TY {;. Zvvz NORTH CAROLINA CELEERATIN(: 250 YEARS MRR 21 2003 12: ~4rri urcn~~ac ~.~~+„ .. .......- l~ret$t,own Chair, Oiange Cwatp Commissioners P. O. Banc 8181 P~NC T7278 DearC~ominissionerBrvovs~, . Pebruup 2~4, 2003 aP~ aq aPe have revi:~ed the ptopoaod Bradt of Seatiou 631- Umloor I~g S~ndaQ+ds of the latest draft of tote Couag-'s paQesed nooiug ardmanoe. We offer the £allcsavmg.cjuatioasand oonoerns as ~v~dl as acme Pt'o! 6313-&.'Ibis s3ectia~n itipulares that all pre~isting conditions must be raplaoed ar upgraded acre they beconoe`iyoperable". Does this section mean that a pre-existing ins most ]se upgFaded or rrpiaced whenever routine mairnenance, such as bulb, photoelectric ~ refrxbo~ ex is performed? Bach a requireau.~ could berx~ae very.o~r ~ , to the oomasner, as tiria cost ~voald be passed on to the requesting P~'~ ~ Pa'~WY oornpromise esisting a6 deagn smdfor aesthetics. It ;s suggested tfiaat "inoperable" be deSned as stdradans the complete repdaeement of existing , oompu,a<] to tfie ra~tiae mdmenaaalooa~pouatt replao~at of as exisrang fac~ity, which should require such t~;plaoemmts or upgrades. 631.5e This seaian appeus >GO sdpsilms that eae~r applicable lig~g ittstaltation (std non residential - ia~diag street. w~ !rave to be submitted to the County Plaaoiag f a t Doke Power cun+ently provides cost effective liglmag undo ~ of rate scbaduks far rnudoor fighting; (rate schedule OL}, fla~dGghang ~ _ . (rare PL) aced p~nbec lighting (rate schedule Pl} as approved by-the North Carolina . Ua'~pyCa®oansaoo. (copes of which are ~. The additional stipulation of substinitang plans for approval oas the County w7l crate additional burdens on all the rogt~stiag parses and 3a~gdsm the request process. The biu+den and expense of submitting places to the - . ~:oi>nty, indudiag plan3s for go~va~mental requests, aafould nart be the . respoa~tbdity of Duke Power Company and would rest ovirlt those xtigttesdag parties, the consuaner. 63L6-A: Pkab~tty shoald be provided for sitvatio~as where both propat~ ownc~s along a o~mmon pd~operey one de~iie to abate L'glnin~ 'There art al9o many siwatmtis where ~ . propeaties wig a ootoooaa propatF line are awned by the same paaatywho wishes to share MRR 21 20fl3 12: 34PM oRRnGt C:UUI'11 Y ifUl.l. i a +~ ~ vz~ ~~ •" ~ 30 lighting facs7itres. such should be considered and ~ ~ order to elsminare dc~-tion of fads snd uanecessary ~ lighting. 631.6-L• 'I'6e st~+enoayt is v~ocitu and clarific~tiiaa is seeded far what is meant try "Any light must be placed, m such a maan~ that na light emitriag surbce is visible from any te~idential ~ or pubfrc~prnrne raadwaY> ~~y: trod or other public way when 'vieaved at g~~ad level' mesas. Since the light emmtiag surface of say fixture is visible fraan ground kvd when B beneath that fncause, a is questionable as to whether this stmdatd, a: writoen and ooa~Pmhea~ded, r~aa be met. 631.7-A: This secdo~a appa~rs to offer a s~amd and workable guideliae tl~ can sad should be tfie fa~uudadon far tLe mtit+e oa~dinance and which would gnaraatee as oa+daance do which it is euytio cona~ply and which is effective both in the desired result attid in cast to administer. b31.7--& A moia~amm moaaroag height of 36 feet is a reasonable standard sad this height wig be beaeflcial in mfg the aumbrr of lights needed to ~ltia~iaaae a given area. as weIl as eaa~ie mnilt~laae roodaays sad other areas oo be effectiv~p sad econojmc~lyht. It also . provides the 9- nee+ded,po Provide tits Proper' I;ghtiag maunda8 height the glade at the light '~ location is significantly laaPer than the grade of the intended t7{ammaoiost area. as a road9vay next to a steq~ dawahall baak~, ~ . - 63L~2~ The pro~ition oa Menvrg Vapor luminaires is of ooacera. ,Merry Vapor ~. fighaag is~tbe law cost optaga far consumers based on the North C,aroliaa~ Utdup C-s~pps+ovad~namesthedules. ~ ~ - . ~. ~~ We ask that you ' cooaicfaadiaa m the Qom, aonaPras, and reooanmeada~aus offeaed in rhos iespooae m tlaont draft of staadu+ds, We stand ready m woak wnh the Cou~rty oa deedopmg lig~ng that ps+avide safety, security, t~eduoecl spi~sver and giac,~ sad at a na~abie aodt, wh7e at the same tiaae iimmmg the pate:ataal legal piah~ny of the Town P9rase aoatact ns ifpa} have gnesticas or oooatns..: . Siaoesdy. ~ .. . ~ ~ ; . - Ro4i..Chbome.FZ.: - ~ ~ . Durl~ onaeCbapdFII Service Ana ~ _ . .. Dube Pbwrr Coazpaay - ~ ... - ~P1r• John Lini~jr. ~.. 2 MRR 21 2003 12: 35PM Ulllil'ttat truuti ~ r n~,~.- Da1m Paves StectrichyNo.4 ,~' Alarth Carolina Fsfleenth Revived Leaf No. 34 . Superseding North Carolina ltaostxM6 Revived Leaf iVo. 34 SCIK8DU1.13 PL (rIC) 6"lRBL*7' AND PUBLIC Li(4HTII 1f) SERVICE AVAII.ABILtPY (liostlt t:ooliaa Oolr) Avaaahls ie' the potpwa of l~6de= :bean, hi~htraya, parks sad other public places for Mmticipel, Cattaty State, end Fadar+ti ClOVatnntaaet; at loeatiatts inside or etdpde ell limits vet t1u Ceanpoay's distribution Rjstem. This Schesinla ie not avat7able far eaaice to nan-prra antitiea. RATE: (A) BR.AL3t$Y~lO[)t~T18D LUl@fAl1tB$ - Allmigltt atroit satvioa uvuag areahead eondncxora and Cotnpwty sttndtrd egmpiae=tt mounted on standard weod • padx Per Moatb Por Lnmiaaira ,Lassp>tatist< Inaida Outride 1~! - E9d1~~0. St31a Iyiunicinal Limits (11 Mnnk~j unite (11 - . M>~Cf7RY VATOR 4;000 41 BaLerkaa , S 422 hiA - 7,SOiD - ?5 9obtttbaa S.47 S.B7 7,500 73 . , • fiTsba ~ - 6.43 6.63 20,000 ' 152 _ Utl>m 8.47 6.67 - 55.000 393 Utbaa - 16.45 16.85 NfiCHlRBSStiJRB 50D1~M VAPOH 9.500 47 Satbatbsn 6.66 7.06 9.500 47 Ut6w 7.72 8.12 !3,000 . S6 8rdrubeo (2) (ia sultable~ macwry tiadure) 730 7.70 16000 7s Utba~ . 6.13 B.S3 27,500 104 . Zklrata. - 9.48 y,68 38,000. 136 U>1ms (3) (itt sttitabie mammy fette:e) 998 1038 50,000 156 Urbaa 1135 ! 1.75 140,p00 391 Utbaa (4) 22.25 22.65 • IYLETAL 11tAL>n1E _ 40,000 153.' 17t5w ~ 14.10 I450 (1) Tlr saasd>-ly attc par latatiwie ~ ba aw shatva slave phty .1)523 cent par Kwlt far 6ts iadiaatad ICwh pa month, (2) Laakeeieia it sot avaibls tlor sew n lacatioas Rata applies to eodeting instaAeuions whieh Brae, m service baSarellbbeaatT3,1987. {3) I.amioain iit sta4 asatlabb !for sew ~tloo locations. Rata applies w e~ting insCelhtioaes which was in service betbtsIdeiveetbar 1Z, 1991. (4) IeaaOed art SS~Ibottwaodpola . (a) OTF~R LU1@tAUtB$ DeootYlte sad aosraevadttdlaevisims watt ba ineta>kd m ragarat, at the Compsay's option, at Die ratdfm (A) above phts Mt extra t»ostdtb oLergs aqd b 1.?% of the estimah;d instoDed cost diffemmce batavean the lom®sire and attnctm~a te9atxta4 rod. the e4mraleat ~ ttttd d pole: (C) UNDLIt,®tOUIiD CHA1bG168 m Addttiaod maothb eltge ~ the adagmnna caadector eystaon: 0 -100 ibat - S.SO 535 101-200 the - .90 .75 abet 200 ilet f.90 plus SA? for eech•mtstm-ent 5.75 plan 5.07 fbr each ®ctmttnt a~10 ie,at. or kxs, over 200 feet of 10 feet, a less, o+v+w 200 feat (~ Whea the d4fatlo~ sageitet 11111 oattbg and rcpLesotg of ptivement of more than one drive or oma wsOtwey par hOinatie, 1.?% of the astieetad txet of this cutting and replaeing of pavemeatt ail! be added to tht• mattfltly charges abot~a. {3)Whaa sa iaitrltdos is L r arts saewd by a oatxaelaoncdad dart system. add'aional chargaa Dated shave wi11 not ~and- iatit~, tlta edAllfooal ssondtiy charge rvlII be I.7X of the estuaatad cwt of the andngrooerd conductor EO+rar) MRR 21 2003 12 : 35PM ORRNGE COUNTY BOiC[: ~ ~ l ~ ~ o-. -r ~«" (S~eltednh t'L (NC) Camtianed) ~ !~ APFRpVHD bVBL CHAR(76 ~4DJUi;T1~t1'!'S ~j The Compny't Ebel ~ ate. if any. pttrmant to North Caro>ias Qeaaal Statate 62-133.2. aura spply to all service aeppiiedtedarthie Sdtsdak.l'he eaeue^tly approved adjastao~ts are octaded fi the Rate above. EXPLANA'i ORY NOT$S ~ . m The inatatletiaa a!Fhrrola~morrtuaf bmioafees is (A) above iacMdes the Coaspaay'i 40-foot: atandend wrond poke. (s) Wood•pob lan'ar tirsn /0 let, err inrctures other timt ataadasd wood gok; n-ay be insta>led for as extira raattthiy char8a oqurl ea 1.7% of fhe eaitastad isatatiea coif diff'mence l~xveea the lummairee sad eCarchtres regnaso:d, slat egtuvsleat traoineires and dardard poles„ and anch extra chaf=e she11 not be lets then 55.39 per tmath. par poh err attter straratae. (b) Tae Campay's etaadiaed teatd street lijhtiag pots msy be ®stslled for an extra monthly chase of SSS9 per cnamW per pate. (e) The Camapamlr's serodasa meW nndares pole maY be instilled for m cxtn monthly ekar8a of lSS9 pine 1.1X of Qte edbated fsdaged cost dillhrpeoe hetwebn the segnesAed pole sad the Company's standard metal drag liglttfra pole. per ntaal par pole. Tas strodsaa meW Wait-aoa pore maybe imrtalled wehoat a Mmc~aire for a moott~r eharRe of 57.36 phis I.79G of the estriroated irstdad Dort diBereor.e betareae the tegsested pole and tbe.Cotnpsny's stsndtud mahl,lnad ~~s . pots (der S~ Ord w'ooA Pot amd ~e may be pi~avided at le w~ cltatges as in (3) btJow vvhea provided eolety to ~appost tnffse (2)ftcvice tadwt o+ethead oso/oaiose it tsar awTsble is any area designated by the Company ea tmd~tmd distrtbotion ~ nor itt any aver. loeatjo4 or peameirat trains iened frame as tmdergtnaad aotmx, 'fhes+a w19 be tso etttta cbar8e for ttodetpotmd oondac4ntt to hgstisaitrs ioetdsd a ittau whore dte Cbsnpaay at its ovrtt optiam ha deteaniaed that ~desgronnd d+sflnbndan BsaiUdee sitaald ha isdrlbd. (3)Far srMa asttie4s tstistieipal ihnils: i.e~rdea of the lnm[naae or tnaeinaitea in at+eas oatsiae of mnaieiQal limit std ire dasiseat•ed h the Crsromarbart the bastion east be witltla the didertce which caa be med-ed by a eecoadery este~on from the C mpnty's ste•taro aisesbstioaa Ihcilities. Sbnld the number of poles is the secondary eatesuioa regoind to nerve the lasm~i~a(s) asoeed the a_her of poke m which bsae~et-mowed luminaires ate iaskllea. s :awttbl]' chstge of 51.78 P~ P~ i]!eY bE ttard0 fbT arch ettroaw ttttttdrer of poles. tatould dta iscbdlatiaa iaehtda dnarngays err spsngnya, a ehasge of i.63 par mom per ssry ahd 6a mars. Wags 11ee ios~atioo :egaestod rngnfasr a prmraty.apatsipn solely is tes'e the lami,aires, m . sdddiaiesl mamily ahasgp of 1.791 bf la atiostred cost of the primary extension ~ be made. (4)A>t 4os1t'tier m4esrssy far ewvio. adder this Scbednle, lndadiag fuses. temps, raaaols, Poles. hrrdwarz, trattsfotmeis, oandgetot~ and alurappmtuesooaa star ba owned sad mimed try the GSosapaay. ~ . (S) Cba mes+eaq Yapor Isarps an tttisdad e4>tipmetd in d tneacnry vapor htmit-aires strove. Color-mipmved lstaps ram Ge sstppiied !hr an calla ~ of 73 alit Pa ~p itar mt~th. (6)Wbea two os mots taaeirrirae ors iaabalied om the same pore.a other atrucmee, tl-e sttp6eable monthly ehsrgaa for each lamisairr: athar flora tors ftnt wA be tsdrard t 1.7g. (7)"Sobteibsa" >oaieak+a are da6aoi u Mndard Nt3M1--style fistores with refracmrs sad v.btgraiaa lamps. "Urbm" inat~-eies as de$ssi M'bsbndtpls° tftttoaiee widt meloead raFraceive er flat lrasee rod harman~l-bosnin8 APR FAYIwiBlgi BIOa ender bare Sdiaduli ass are red pteyahie on tea dde ofthe bib st the oRfioe of the Company. Bills ste pact doe and dcWtquast 0o the flAeaath dt~y rile the dttie afthe aitr: Many bill fe nd sa paid. the ComPmy has the t~g6t is sopaod service. !a addition, d bye sot paid by tb tantryFlllW dq rfhtr fan date of the b;n t3sr0 tie satgecc to a ama peireat (M:) Lae payraart ~ on the sms~t Tire h!e psyraest aaersi red be tmdiesed m Ibe foIIow:rs mo>tth•s bin and it siyaII become; part of; sad ba d~ea and Paybiewith. t>teb~aowbicbit itslradaed. . Tae ati~at ttttm of ootttact t8ay ba (root a mmirainm of tutee years to a mst3matn of Zt) 7e~ Contracts win contiane sfter the oeisimal teem men lewsimeed by a8aer party m thKydays' ~rtitieo notioc, and the CaemrpeDy may segsie a deposh not to exceed aoeataif of the ravauas ibr the aafisLal tense. Tae dapr>.it wll be s'etrtaed at the and of the adgiosl ~ pravidad the Castomaer has mat alt psviisioos of the eontiaat. !(imam term of oaadtsd far sparafie siheationa rhag be; (a) Three yearsfar d lmr6ufsea dsriprtesd m stsndata bYthe Coaapany rend ba:cket-monatod on ebmdQa poa:s. (b) Tea years for d im~itaa deslBaaMd u deoosadve by the Coropmy, sad for alt daotiasd menased an Ryrposts other them staadwl woos poNa~ sad lr psaary att~adors solely senrins the laminaiee:. (c) Tweatyyem fbr a8 lrttdg4ss err emppnsts deaigtuaed as sen~tsttdeed by the Ca®pemy. ~ . Naafi Crrsrria lydoeanlh RavLed Leaf No. 34 lstfecdrs for scrub as asd sdUarJei,-1.2902 AiCtTC 1SoeJrat Ne. &7. ftrb 70f t~s8er dated brae 2S, 2002 NRR 21 2003 12: 35PM ORANGE COON t Y t3U1:L l J 1 J 1 u-~ i .+.- . ~+ Ddoe Power North t;arolina TbiateeatltRevtsed I.eaf]Qo~32 . 3upeasedial Naatb 4gWina Z Revisod LeafNlo. 32 St~DULE pL {i.ICj OVII10dR L1OliT1NQ SERVICE AYAII.~IBII.If Y (rtosd~ (~mii~ pdy) Avaa7abk to tba ladi~ldml etutoma far bllWaf of private otndoor tarns st locations oh tha Cotapaa~s diskbutioa try+stem. 5etvix under this S'~edtda may bs widdaaW of diacaattinued at dte oplian of the Company, RA1E: (A) BRA(xG67' MO[JN1iIQ L1~t1NA~tE,S . `~'m~ Ica ~ ~~ ~6 asandaM egtttpmeat ttaotuttW on ataa~ard poles: • Per 1_WR-~ Per t -'--__~ atfd 1~CURYYA1wpR ' 7 900 7S ~) S 9{4) - N1A ~ 513.00 , ~A~ 152 ~ 6 ~~ . • ' .9.33. S12.04 15.013 16.09 19.08 • ffiQ SODIUM VALOR 4.000 9 500 " 21 47 PatTap(3) NIA 9abtnba ' NIA 13.00 , 9'500., 23000 47 56 a T.54 Uliati 6.59 BtiUsian (io tta~ble tata+cna~y fi>aan+e). 8 18(5) . 1324 14.29 ~ 17.29 .34 N8 16,000. 27 500 ~ 70 104 . Usiaa 9.00 Z&haa 14.70 ~ A 18.75 , 50.000 ~ 136 1035 LTiiao, ~ 1220 16.03 1790 20.10 2195 ~~$ '10.000 1SS Lltban 14.95 20.G5 24.70 W 'IUa ~y abe per lsoe;siie tta7 ie ae ataotv>; abrne tam .0349 ~ per Kwh for the iaadicaied ICwb pea month. ~ Fa tetotioaitaa i ttttevloe bafhse Navtstber I2, 1991. the moo>bty rate ie applioebie a eziaNmg iaatallstions, itichediag poiR, iat does taotiltrJtada adddiotntt ttnpasate cbrga, (3) Ltto~ne R rant ttvelV~ia for tin ~t of s-coet<e. and other vahicde there. {~ Laaaiaaite i. trot avat'ia61a !or »atr taehllatimt loatiooa. Rate appiiea to existiat ingtstlatinos whici ware in aavioe . 6tsibee Ni~aaaier 12.1991. (S) Ltn~re fu amt t-vada6k !ae aw ittaabt~tion locations. Rate applies ro axisdag imtallatiamt w)ticb wen in' txrtrtce Dote 8apeeaalasr 17;1915 Deootativa tttd eaaihrdtEl fatt~eaires coat be ittaR>tEed on avgtaeat, at the Compaary's optiian, at the abbe in (A) ahem pats an eodctt ttamtlt~r ciups egaalb 1.7% dthe ealinabd difl~oa ~ cost fastaUed betwtsea the lie and sh+utma rogaaitad . and tlta ognivalettt Inm3>tdte tad vnood pt-Is in [A) aitova. (~ TJNDERGRi017NiD t~GIRCIBS (1)Addiaaol ttaoatill-ai,npe 1hr~mdetDouad casalator ~ Feet Per )ble _ Ptooa Ontx60ad ~ From U • avae 150 that S.OT !or tttaah iaoesaaat•af ~' 1.07 for each mct+araeut of 10 beat, a Iesa. ova 130 feet l0 feet, or kat. ova 15D fam (2) Wbaa the iteWiatiom regdraa 3ieetettiq and seplaeinl 'pavement of amts than one drive ar oas vra)lcrvay per laaaittaitai, l.7%oftiti aatieaMad ooatdtlda wgiag.aod a+eplaeina ofpaveanent win be added b the cise<8ee ebo~ve. (3) When an iasWlatio• it ~ a area twMed by a coat~e-eacosed duct s}~stem~ udditia~oal changes erased above will not applyard, iaMaa4 tin addititnal attaatlaty ~ an'!i be 1.7?: of be~sfimaaed coat d$~e,maargrrn,atd eordtapma. ayslam, ('~ As wtdsrysomd•oatdocbe aysiaae.,p >n I50 feet per pole, cam ba iastalkd to an ctiovaap pole nada tie "!'~istitR Pole" mein (N,) tabopa, 4ot a addNiaeal amodQy ~ of S4.OS Pa 1>~ Per ova 150 foot pa pok, the clae8ea radar (G} ~ tdtoee a1t1 ttppiy i !dditiaa tt- the 5445 chargs. A,PPROVF.a FUEL CKARdEADA3S'1'AQtMS 1lie ~s ~ o~M ~ may. P b Norti Caroiias (leaeatl Stttttate 62_1332, waV t4tply to ail setviot tatpplied tttadsr 1W &atiadaAa. Tie ttatnady appaoved a tae included in the Race ubrtt-e. 33 (~) MRR 21 2003 12:35PM ORRIiGE COUNTY socc ~~~~, oTT-~~T~ BI~t.ANATORYTIOTE$ (Schcd~a)e OL (NCI t;ontineed) . (I) [at>dp ~ bttn from sgproaiotately as>e hsif-hour after sunset until appm~dttgtely o~ bait--hour before sunrise. The . aod6ealiee ~ and at6erwiee ratintain flu htminaitee ~8 ~~ daytime wottios hams (2) Lumisaires wiU ba isuWhtd amly on t3otnptay.owuodp~les, and all facilities nerxssary for setri~ under this Schedule, ~~ fi><tate,, Imps. ~. poles, hardware. trardormers, conductors, and other sppm'teaances shall be Darned and ma>ntiiosd by ie ~t (3) 64olpmeat (~ ~ rerllGiee) not sopplibd bT ~ Company as slandied ie not avn'lable under this 3chedsle, and clop sat he itraodled by tie Q (4~ Ttds ScLeduk ~ aativailabie ferseasoaal a other part.time opetatioe ofosadoot , (~ C1mt ~ vapor I~ nee staadaed t is ell mercury vapor Inmi~aaires above. Color-improved Istapa csa ha aopptied fgcae arras due'e dSI.M pet hsnp per mpt~, (6) Ssnios sdai 4tiat5aad oetodeeto4 a net tnrailaWe is aqy lazes duigaated by tie C3ompany es dittsiMNion area, nor is aay:sa„ laoseioa. ar pesseiaee baisg aeroed firm .a ~dargnroed soarcx. . fn ~- Glastomar zerpesR, stud for ro addidomai dauge, b~inae,a eaa be iustalhjd an wood ct riot 6 sin, if tha ioatisa petarits ~s ese dh~ocbet-type oqu for ~ IazBn than 6sa . 3afoa;, ~ Perutotrm, a ~O-foos; dsas S pale Atr 42 omta 0°°~ and saridag: ~3~fooR doss S pde 6or 3I per month Other sine po]cs, ar strrrctuaes o~ than etsmdsrd iuaod oas be iaadled ibr ae ercba mMYy crsga ~ to 1.776 of the eafim.ted ia4alkd cost btxaeea Ste Po~- O1~ ~ ~,~~fi-foot.' ~Ls b ptt~, bd ~t less tLaa s554 per month pcr pde ar stractnre. Brackets lon the as ache ~ bat not loegm thn 20 feet. enr he ioafalled where use af' beel~6type is pettattted far cLege ofl3 aeesparsoaiparbeadret (gj Wime ttwo of taote ~itaistt ttotae itsttalled far esxvlee befora Navamber ]2, 1991 0o the same poie ar other strocdtta, the apP ~4 ~rtatei lrao~ine other than 9oe iuat x311 be redwood S i.7g. (9) I.~iame looatic~os sidl be deatjasled by ~ and where only ee c>Amtion of camber d lmmiaaiea ~` tb stn pa hmmaire m (A) above shall Y ~ tie ~e~1e~, appll : W1~ea t]~e aombr~ of iaswlled fec aervisa bdma ~' ~ ~ kat then. s1.7a per aranlard wood pok shell be amde for 3~Tivotober I2. I941. A monthly chtrge of 55.70 per statiderd aropd pole shell be-~~ ~ lamltaitet ittstalisd tEr ssrvlae atifet No*eobei 12,1991. Whey any iastallatioa ncgoirn as ertamaion of primary iisc>Zitia be~dab 8~ l a r a~aotl tnoraAhly dine ppml b 1.7'k af'tlte esfimate~d cost of t6a piny eatemiao s><a11 ~ ~e lR7hL of s~oodary R a charge d63 ce_ ~t per tnontb per guy ebail be made. (10) "Subetbam" Irrsiealtea are dettjaad as sttrtdnd XF.hIA-style 5stnres with reCraetots sod venial-homing ~, `R711tan° iateioairs tae dalived aa'babea.ahla" firrtasee with axdoted refneliroe or $at letas:a and imtizaetelburmng tempt PAYA®M' ~ 6[barb S3edds sra das Dad pt~bla ca the date d the Mg at the affioe of ~ may, ggL arc pmt due and dal a!!et tle dye atria ii4 U asgr biIl is ant so paid, the CarYOpany hen the . 6iW not paid b! tb6 twevip~.~~ day date tLe date of tl-a biU abaQ 6e °~ tD ~~ resYioe. 3a additioq all uspaidamesrat. Tiitlia fo a one penomt (1X) byte peymart as Ste l+td'o~ drYp ttiai 6e readairsd ast the folioaint month's hr'H aad• it abelt beoasne pelf a~ mod be rice and Pa!'~ ~. me 1~! oa tr>rioy it is stodsad, The ori~ietal teem dooataesot mil' ba bomt a of one yrar to a maocimtirn of 2d years. Coauscis will omrtiowe aBdr tie orig~d term sao7 larasortled by eiAer poly om thirty dai'a~ ~~ notice, and the C-otnP~Y ~i' mq~r a depo~a oat to e~eed t-nedrWfof fire ntva®as roc rite arigioal tmn. 71Ya deposit w~71•ba reUrmed at the cad of tha arigmst taav, provided tlre.Cnnamer ~ paoeiaioaa dlfoe asatrat., tams. of oaatkact for epeci5e situations aheD be: - (~ ~ ~ider~ toaritaireatoa~irairea mataged at a t~etidsoce ~d designated by the Coiopeay as ~dmd, P~ mp and br~ket-asaa~d (1') > ~ ~pl~s asrt lmen.a at a t+esidmce and deeig~oated by the try a . PoB ~ ~ fit„ (e) Tm pens daC a6 ]lydeeilpe deri~,otled Iy ~ y se deaor~ive, and for ail eraedard 1am>ssuns moaetod an odrarthan sisadstdetoodpoia,•a+td lbtp~y aoeasrons aaleip serving the lumooeii+es. (d) Tw'm4 yaste feral! a ~~ ~ ~ , as non-ata~ Nab CaioliaaTYcteeath Reriiai 1Ledlia 3Z l31l~eedve far setvioe ae a®d abee Atigaat 19,1994 NCUC Docket Wo.18r7, tihrb 642 ardor dMed Jess Z?, 1499 (~I MRR 21 2003 1 Z : 36PM ~RHtiGE COUNTY 8©CC ~ ~ 1 ~ ~ o-~'~'-"~~'° ~~ Power Elacxricity No. 4 3 ~ ' WOE Cat'adina 3ixteeatL Revise! Leaf No. 30 S'°p°'~t°R North Csroli:ta FiBeetrth Revised LeafNo. 30 ' SCHEDULE FI. (NC} 1'Z+QUDLTGHTlNG SERVICE AVAILABILTfY (Nardt Cs;disa ~ A~~~ iadividwl ea~stamae at loations o® the Coaipaoy's dish~'b~ion Company s . systeat which, in the ' scheduk ~y~ withheld er diwvs~imood aft ~ installation and servicing of facilities. service Hader this • option of tau Coatpany. RATE: '. (A) BRAQCBT L[1~1AIRES - AU-s~igl~ aamoor savioe ut~ Cot~cy standard equipment mamt,ed an stsadard golex Per Month Per Lmaiaaite and ~. r~ - ~~ 'Nee-~Peles. ffiQ$ PRBSSUBg SODIUM VAPOR ~ 14000 ~ • t •511.01 516.71 520:76 ~'~ - .. l~ 12.66 20.16 50.000 I56 Pbodtigltt 13.68 21.18 24.21 It+~tAL gALIDE 25.23 ~.~ 155 Floodlight : 15.45 -22.95 27.00 ~ . - ~) tale pff >ttmiateit,e w01 be as sbogva sba}ve phts .0523 eat per Kwh far the indicated Kwh per {2) Fa hmtiotires is stttvic~e btttiote NTvawabec 12, 1991, tber monthly rate is appIicattibk w elpsting installations, m'0l°~iP~ batdoesnot iutdudesayadditiand separate charges, 4B) UNDER~SRGUt4D CHAR[lES . ~ .. ~ ~lerihetmd~vnd , ~: - aper 150 feet 5.07 for sac 3 inattmmt of s~~ ~ (2}'pi+5e'a tye f IO feet, or 1cad, w~a 150 fOet 10 foci, ar Iess. ova 150 $et retladrrs the tatting and replacing ~paveme~nt of more Itasn one drive a one walkway l1. ~ the eked cost of this and rgplaciaE of Pmt vaill bG added to fhe (3) When as is is as area saved by: catua~eaeased clot ~~~~ mobead. tltt additional mthly charge will ba l.T~ ~-~~ "wed aboves sysoar>. t~nsted tit of the uati~ •« coednclotr ayttttYq, up to 150 fiat pot poll; can be iastaIled m ao existing pok tinder the )above;, for as additicmal m~dily charge of 54.05 per pole. Far instai>ations over 50 ~ pet palty.medvugetvmder (g} (I) above vvcI1 appllc is addition to the 54.05 charge. ~ FUEG ADJfTST1dENI'S - ~ s ~"°d ~ ~ . fury. puta~mnt to North Cam}iaa C~entaal Sf~ 62-133.2, w01 ~pphed ut~ flat Se>sedala 77te try mod adjustments are included is the Rate above. ~LANATURYNt7IES . (1} ~ wilt bmn tom spptn®ttdy sue I~t=honr aiEar stmset nuh'1 appmootimatdy ~ ~f-Lora before sunrise. waft holes f~ailo~a ~~~ °m~s° maintain the lmmiaair+es detriag ttg~pr ~ Scbe ~ be iatttIIed OBIy 00 t>rvaed poke and all Facilities necessary for servitae ttadtr this ~ be nwaed atadsvod nos;~sed by fltt C,aorpsuy h ~~~' 00iu~0~, and t~tha ~ C~) Eq (ssdt ss cliaoo } ~ ~~ by the Ctaripany as tad u net avai']abde aadtr tltis SchednlG, sad alttll not bs insWisd bl+tlhe C~o~. (4} This Sc~ednle is net avsa7tbie t;tr seasonal or otixr P~~ q>~iaa bf o~tbar hmria~, (~ 6~~ltetd oofadaetort is eat avatTable iu o~any as under nay area tl~ignated try the C ~Y ~, !nation. a psaoiees being served frean au uodcrgrbuad snorts. Sid ~~} ' MRR 21 2003 12:37PM ORRMGE COUNTY ~u~~ 1J1J1 ~~~ ~`- (Schedule FL (NC) Coutiscved) - ~ ,~ , (~ ~~ two or wore was installed for service before lv~ovemba 12, 1991 oti tits same pole oz other 'Wn ~', Aga appRtw6ie a~aathly ~ far each lutamaire other than the first will be nedsgaed S 1.18. ('~ ~OOd 1~ 1oi8er ttian 40 feet or strndurrS other thorn standard wood poles a~ay be installed fa as salts monthly chargo egnel to I.7X of tLe osgmetod installed coat difference between the r polo a structure and a ~standrrd wood pob. but mt lea: man Si.59 per month per pole or stnu~ure. ~ . (6) L,aondaau~a loaatioos sbaII be dmtigaated by the Ghstonter, and whore only an exten~ioa of secondary facilities is Wired froth t6s natsat disitt~utien aourx, the rate per hmtinaire is (A) above shall apply. Vl~ea tht munber of wood pole a6~all be made fa laooi~nsliaatelted forb t~ore~N~brr~~1 1991~s X1.78 per st~adand. 2, ty charge of 55.70 PQ stentierd polo abs$ be~made for Iaminairea iastaHed for service after November 12. 1991. Whey any lain >~ ~ aitensioe of prinoa~r ibeilities s~ely to serve the lumiaaitea, as ~ditiaoal uwnthty cbargo . etitmt >a I.?X of the estimated cast of 9re p¢rraary sha[I be madQ Should say insblladioa trquire ~guyiag of ~Y , t ~~ of 63 oerrts Pea month per guy shall be tahde. PAYMBIV7' - Biills tutder this Sohedute era due and pey~bie on the date ~ the b61 at iha office of fhe Ca®pany.l3illa era past doe ~ an ~ Sgeeatb day agar the date of the hilt. Tf any befit is ant as paid, the Company has the right b . °~0°d ~o~- b 4 ~ 6ilte ewt ~ h'i` ~ h~y-58h day aibr rho date of the bill shop be to a a~ Pmt ~) ~ p~ ~~ as the tntpaid amount his Iota payment ~ shall be tnodered cti tho following mata8t's b0i end it mall beom~e part of aotd be due and payable with, the b0t os which it is reodxed. CONTRACT P'BRI~ - The original tam of oo~act maybe g+aaa a mtarmmt of three years to a ma~timam of 20 years. Cootrads will aont~e albac bs ~ term smtK tanimmea by eiTber patty on thirty days' written notice, _ esd the Company may ~; deposit sot b ratoeed oeebaif dtbe revdwe far tl~e origiaa] term. The da~sit q~l 6e 1~etta>YOd et the sad of tots arigusat tt~y P~+d dte Cbtamet lees acct aq pro~oo: of the oaotra~t Mraimma tarot of for apeci5c stdtdiba: .. - fie) ~~ ~a ~' tdllmni daigoabed by the Gornpany as standard sad hrarteE-ato~uabod oa st$adat+d Pd~ . ~) Tea Y~ ~ oil h designated by the Caanpsay as decorntivq sad i~ a![ standard lm»aaires enpgacts other then ataadard wood poles, sad for primary extmtsioas adely serving the (a)'1'vantyye~ ~r a9 Inmieairee or sappocts designated by the Compeayas nos-sandard. Nacth Camdioa Sixieeom Revised iaJNa 30 - - F.lfeetivafor service tmdot+ed as~ad albat 7aty 1.2002 NG'UC I)cc><etNo..&7, Sob 706 Ordec dated Jose 2S, ZUa2 ~ . Carla Thames - NCDOT Response to Orange t,ounry vutoo~r uy~n~~~y ~~a qua u~ - ~~ 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 NCDOTs 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 NCDOTs standard 2'-6" curb and gutter, defined as a b" vertical face curb on page 47.2 of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at speeds greater than 25 mph. It is considered to be a mountable curb as defined in AASHTO "A Policy on Geometric Design on Highways and Streets, 2001. Therefore, the mountable curb and gutter section of the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply. If you have any questions concerning these comments please give me a call at 919-250-4128. Thanks, Carla Thames - NCDOT Response to urange l~gurny vuiu~~i ~~y~ ~ a ~ ~ ,.~, w.. - 3~ Chris Haire CC: Mike Mills <mmills@dot.state.nc.us>, "Tommy Cozart, PF" <tcozart@dot. state. nc. us> 39 MINUTES ORANGE COUNTY PLANNING BOARD APRIL 2, 2003 ORDINANCE REVIEW 6:00-7:30 P.M. ORDINANCE REVIEW MEMBERS PRESENT : Nicole Gooding-Ray, Chapel Hill at Large; Hunter Schofield, Cedar Grove Representative PLANNING BOARD MEMBERS PRESENT: Jay Bryan, Chapel Hill at Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel Hill at Large; Rachel Preston, Eno Representative; Noah Ranells, Bingham at Large; Theodore Triebel, Little River Representative STAFF PRESENT (ORDINANCE REVIEW): Craig Benedict, Orange County Planning Director; Robert Davis, Current Planning Supervisor, Planner III; Tom Altieri, Comprehensive Planning Supervisor, Planner III; David Lentzer, Planner II; Carla Thames, Planner I; Tom King, Planner II AGENDA ITEM #1: APPROVAL OF MINUTES a. December i8, 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 Standazds. 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 standazds 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 dollazs. • 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 Hi1UCarrboro 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 Apri12, 2003 • Planning Boazd to make recommendation to BOCC. - Planning Boazd shall make a recommendation within 3 regularly scheduled meetings. 2 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 may be an interim solution. Gooding-Ray: Is there any way we can do this before the fixtures go out? Benedict: That is something we could explore. Thames: Condition that requires solar lighting for subdivision signage. Solar lighting is not in the plan yet. Request information on the cost of inspecting lights. Legal opinion requested regarding whether or not the County has the authority to regulate publicly funded streetlights. One of the Commissioners suggested we incorporate that into the plan only in subdivisions. The original standards exempted streetlights but DOT requested that we comply with their standards that they be included. Request the Chamber of Commerce be notified and give the opportunity to review and comment. Benedict: Our proposal will be where we do have clear authority we will ask for these new standards and where there is unclear authority, we will have a section of the ordinance that says "in these other situations, we suggest or strongly encourage the use of these standards mentioned by these other authorities", such as Duke Power, DOT, etc. Thames: One area of the ordinance that allows upward lighting is for the US Flag in cases where it is not taken down at night. I need find the definition for a governmental flag? Triebel: Concerned that the seasonal decoration sections allowed too much time. Gooding-Ray: Changes to 6.31.4 D, H and a definition of a governmental flag. We also need a definition of "upward". 3 ~'~ Benedict: We would like to put something in place to have this done with new subdivisions before they are approved. An informational booklet given to the contractors in the area would be possible. b. Enforcement Procedures Text Amendments Presenter: Tom King PURPOSE: To make recommendation to Board of County Commissioners regarding proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties of both Ordinances. BACKGROUND: Orange County's Zoning Ordinance and Subdivision Regulations both contain enforcement provisions, Article 23 and Section VII, respectively. Zoning Ordinance Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below) available for enforcement of the Ordinance. These methods 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 CIVIL PENALTIES PRIOR TO INSTITUTING ANY OF THE OTHER REMEDIES LISTED ABOVE, WITH THE EXCEPTION OF STOP WORK ORDERS. THIS PROCEDURE IS TIME CONSUMING AND, GIVEN THE HIGH NUMBER OF VIOLATIONS THAT STAFF RECEIVES THROUGH OUTSIDE COMPLAINTS, REQUIItES SIGNIFICANTLY MORE TIME BEING SPENT ON PAPERWORK THAN ON ACTUAL FIELD INVESTIGATIONS AND ENFORCEMENT. The proposed changes in the Ordinance revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The amendments also authorize the Planning Director/Zoning Officer to pursue the collection of unpaid civil penalties without BOCC intervention while, at the same time, maintaining BOCC oversight through the County Manager's Office. Subdivision Regulations 4