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Supplementing Chapter 42, Environment, of the Code of the Township of South Brunswick Establishing Standards for Residential Outdoor Lighting and to Regulate Floodlights, Light Trespass, Glare, and Nuisance Lighting and Providing for Enforcement and Penalties and Reserving Sections for Future Supplementation
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WHEREAS, misdirected, excessive, or unshielded outdoor lighting constitutes a nuisance within the Township, interfering with the use and enjoyment of neighboring and surrounding properties, impairing the vision of pedestrians and motorists, and contributing to sky glow; and
WHEREAS, N.J.S.A. 40:48-1 and 40:48-2 authorize the Township to adopt ordinances for the preservation of the public health, safety, and welfare and to prevent and abate nuisances; and
WHEREAS, the Illuminating Engineering Society, through IES RP-33 (Lighting for Exterior Environments), IES TM-15 (Luminaire Classification System for Outdoor Luminaires), and the Joint IDA-IES Model Lighting Ordinance, has established nationally recognized standards for lighting zones, luminaire shielding, and limits on backlight, uplight, and glare, and the Township Council finds it appropriate to base the Township's residential standards on those recommendations; and
WHEREAS, the Council has determined that it is in the best interest of Township residents to minimize light trespass and nuisance lighting on residential and public properties.
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, that the Township Code of the Township of South Brunswick be amended as follows:
ADD
Sections 42-230 -- 42-239.-Reserved
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Chapter 42, Article VII,
SEC. 42-240. Title.
This ordinance shall be known as the "Residential Outdoor Lighting and Light Trespass Ordinance."
SEC. 42-241. Purpose.
The purpose of this ordinance is to regulate outdoor lighting on residential properties so as to prevent light trespass and glare onto neighboring properties and public rights-of-way, to protect residents' reasonable expectation of darkness within their homes and yards at night, to promote safety for pedestrians and motorists, and to reduce skyglow, while permitting adequate lighting for safety, security, and the reasonable use of property.
SEC. 42-242. Definitions.
For purposes of this ordinance, the following terms shall have the meanings set forth below:
BUG rating: the luminaire classification under IES Technical Memorandum TM-15 that rates Backlight (B), Uplight (U), and Glare (G) on a scale from 0 to 5, as reported on the manufacturer's photometric data.
Direct glare source: a lamp, lens, reflector, or other light-emitting element of a luminaire that is directly visible from a point on an adjoining property or public right-of-way at a height of five (5) feet or greater above grade.
Floodlight: a luminaire designed to project a broad beam of light, including but not limited to fixtures commonly marketed as floodlights, spotlights, security lights, or area lights, whether or not motion-activated.
Footcandle: a unit of illuminance equal to one lumen per square foot, as measured by a calibrated light meter.
Fully shielded luminaire: a luminaire constructed and installed so that all light emitted, whether directly from the lamp or by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the lowest light-emitting part of the fixture.
Glare: light emitted from a luminaire with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance or visibility.
Initial luminaire lumens: the total initial lamp lumens of all lamps in a luminaire multiplied by the luminaire efficiency; where efficiency is unknown for a residential luminaire, seventy percent (70%) shall be assumed. For LED and other luminaires reported under IES LM-79 absolute photometry, the rated luminaire lumens.
Light trespass: light emitted by a luminaire that falls beyond the property line of the property on which the luminaire is located.
Lighting Zone 1 (LZ-1): the standard for low ambient lighting, applied by this ordinance to lots used for single-family and two-family dwellings, consistent with the lighting zone classification of IES RP-33 and the Joint IDA-IES Model Lighting Ordinance.
Lighting Zone 2 (LZ-2): the standard for moderate ambient lighting, applied by this ordinance to lots used for townhouse and multifamily dwellings of six (6) or fewer units without common outdoor areas.
Luminaire: a complete lighting unit regardless of souce consisting of a lamp or lamps together with the parts designed to distribute the light, position and protect the lamp, and connect it to the power supply.
Mounting height: the height of the photometric center of a luminaire above grade.
Outdoor luminaire: a luminaire that illuminates any area outside the walls of an enclosed building, whether mounted on a building, pole, fence, or other structure, or within a structure having open or partially open walls, such as a canopy, carport, porch, pavilion, gazebo, or pergola.
Partly shielded luminaire: a luminaire with an opaque top and translucent or perforated sides, designed to emit most light downward.
Residential property: any lot located in a residential zoning district or used principally for residential purposes, including single-family, two-family, townhouse, and multifamily dwellings and their accessory structures.
Shielded directional luminaire: a luminaire that includes an adjustable mounting device allowing aiming and that contains a shield, louver, or baffle to reduce direct view of the lamp.
Skyglow: the diffuse luminance of the night sky resulting from artificial lighting practices, and unrelated to discrete light sources such as the Moon and visible individual stars.
Unshielded luminaire: a luminaire capable of emitting light in any direction, including upward.
Vacancy sensor: a motion-detecting control that extinguishes a luminaire within a fixed period after the monitored area is vacated.
SEC. 42-243. Lighting Zone Assignment.
For purposes of this ordinance, lots in the RR, R-1, R-2, R-2.1, R-3, R-4, MHP, PRD-I, PRD-II, PRD-III, PRD-V, PRD-VI, and PARC districts and any lot used for a single-family or two-family dwelling are assigned Lighting Zone 1. Lots used for townhouse or multifamily dwellings of six (6) or fewer units without common outdoor areas are assigned Lighting Zone 2. Multifamily properties of seven (7) or more units, or having common parking or other common outdoor areas, are governed by the site plan and design standards of Chapter 62, Land Use, of the Township Code. Where a lot in a higher zone abuts a lot in Lighting Zone 1, the property line shared with the LZ-1 lot shall be governed by the LZ-1 limits of Section 7.
SEC. 42-244. Applicability.
This ordinance shall apply to all outdoor luminaires installed, replaced, or operated on or directly adjacent to residential property within the Township, whether installed before or after the effective date of this ordinance, except as provided in Sections 8 and 13.
SEC. 42-245. General Standards.
A. All outdoor luminaires shall be installed, aimed, shielded, and maintained so that light is directed only onto the property on which the luminaire is located. The owner and the occupant of the property shall each be responsible for the placement, aiming, shielding, and operation of every outdoor luminaire on the property, and shall ensure that no luminaire creates light trespass or a nuisance on adjoining property or on any public right-of-way.
B. All outdoor luminaires installed or replaced after the effective date of this ordinance shall be fully shielded and shall not exceed 1,260 initial luminaire lumens per fixture, except as follows:
1. One partly shielded or unshielded luminaire at the main entry, not exceeding 420 initial luminaire lumens on an LZ-1 lot or 630 initial luminaire lumens on an LZ-2 lot.
2. Any other partly shielded or unshielded luminaire not exceeding 315 initial luminaire lumens.
3. Landscape lighting aimed away from adjacent properties and not exceeding 1,050 initial luminaire lumens per fixture on an LZ-1 lot or 2,100 on an LZ-2 lot, and low-voltage landscape lighting not exceeding 525 initial luminaire lumens per fixture.
4. Shielded directional floodlighting complying with Section 6.
5. Any luminaire controlled by a vacancy sensor that extinguishes it within fifteen (15) minutes after the area is vacate.
6. Open-flame gas lamps.
C. No outdoor luminaire, including a fixture mounted on a pole, fence, or accessory structure, shall be mounted higher than twelve (12) feet measured from the grade immediately beneath the fixture, except that a fixture attached to the principal dwelling may be mounted up to the height of the first-story eave line.
D. No flashing, blinking, laser, searchlight, strobe, tracing, traveling, pulsating, color-changing, ultraviolet, or neon exterior lighting is permitted on residential property, except for temporary holiday decorations as provided in Section 8.
E. Outdoor luminaires shall not be attached or mounted to trees or to any public property, including public buildings, utility poles, telephone poles, streetlight poles, and road or street signs.
F. Independent of the numerical limits of Section 7, no outdoor luminaire shall (1) shine directly onto any neighboring property, or into any room of a structure on a neighboring property, in a manner that creates glare for its occupants; (2) cast illumination that distracts motorists or pedestrians or that obscures the view of any street, sidewalk, driveway, or traffic control device; or (3) create light trespass that constitutes a nuisance or annoyance to the occupants of a neighboring property. Compliance with Section 7 shall not be a defense to a violation of this subsection.
G. No outdoor luminaire shall be erected within a public right-of-way without the prior approval of the Township Council and of any other agency having jurisdiction over the right-of-way.
H. No outdoor luminaire on a dock, bulkhead, boathouse, or other structure adjacent to a lake, pond, stream, or other natural body of water shall create glare on the water, constitute a safety hazard to persons on or near the water, or constitute a direct glare source when viewed from the water or the opposite shore.
SEC. 42-246. Floodlights and Motion-Activated Lighting.
A. Floodlights shall be shielded directional luminaires. Unshielded floodlights, and floodlights whose shield, visor, or baffle has been removed, are prohibited.
B. No floodlight shall exceed 1,260 initial luminaire lumens on an LZ-1 lot or 2,100 initial luminaire lumens on an LZ-2 lot. Where a floodlight contains more than one lamp or head, the limit applies to the combined output of the fixture.
C. Floodlights shall be aimed so that the lamp, lens, or reflector is not directly visible from any adjoining property or public right-of-way at a height of five (5) feet or greater above grade, and in no case at an angle greater than forty-five (45) degrees below horizontal.
D. In lieu of the limits in subsections A through C, a floodlight or other directional luminaire may be installed if the manufacturer's IES LM-79 or LM-63 photometric report shows a BUG rating not exceeding B2-U1-G1 on an LZ-1 lot or B3-U2-G2 on an LZ-2 lot, and the fixture is mounted in a fixed, non-adjustable position at least one mounting height from any property line with its backlight oriented toward that line. Fixtures within one mounting height of a property line shall not exceed B1-U1-G0 (LZ-1) or B2-U2-G1 (LZ-2). A copy of the photometric report shall be furnished to the Code Enforcement Officer on request.
E. Floodlights shall not be operated continuously between 11:00 p.m. and sunrise unless controlled by a vacancy sensor. Vacancy-sensor fixtures shall be adjusted so that they are not triggered by activity located off the property and shall extinguish within fifteen (15) minutes after the area is vacated.
F. No floodlight shall be aimed at or across a property line, at any window of a neighboring dwelling, or onto a public street.
SEC. 42-247. Light Trespass Limits.
A. Vertical illuminance at any point in the plane of the property line, measured at a height of five (5) feet above grade with the meter aimed toward the light source, shall not exceed 0.1 footcandle on an LZ-1 lot or 0.3 footcandle on an LZ-2 lot, from any luminaire or combination of luminaires on the subject property. These limits correspond to the maximum vertical illuminance for Lighting Zones 1 and 2 in the Joint IDA-IES Model Lighting Ordinance.
B. Illumination at the property line shall not exceed 0.5 footcandle measured horizontally at grade.
C. No direct glare source shall be visible from any adjoining property or public right-of-way.
D. Measurements shall be taken by the Code Enforcement Officer or designee using a calibrated light meter, after sunset, with the subject luminaires operating. Where ambient light from sources not on the subject property contributes to the reading, the Officer may take a comparison reading with the subject luminaires extinguished.
Table 7-1. Summary of Residential Lighting Limits
|
Limit |
LZ-1 (single- and two-family) |
LZ-2 (townhouse / small multifamily) |
|
Fully shielded luminaire, per fixture |
1,260 lumens |
1,260 lumens |
|
Unshielded luminaire at main entry (one only) |
420 lumens |
630 lumens |
|
Other unshielded luminaire, each |
315 lumens |
315 lumens |
|
Shielded directional floodlight, per fixture |
1,260 lumens |
2,100 lumens |
|
Landscape lighting, per fixture |
1,050 lumens |
2,100 lumens |
|
Low-voltage landscape lighting, per fixture |
525 lumens |
525 lumens |
|
Max BUG rating, fixed mount ≥ 1 mounting height from line |
B2-U1-G1 |
B3-U2-G2 |
|
Max BUG rating, fixed mount < 1 mounting height from line |
B1-U1-G0 |
B2-U2-G1 |
|
Vertical illuminance at property line, 5 ft above grade |
0.1 fc |
0.3 fc |
|
Horizontal illuminance at property line, at grade |
0.5 fc |
0.5 fc |
Table 7-1 is provided for reference only; the text of Sections 5 through 7 controls.
SEC. 42-248. Exemptions.
The following are exempt from this ordinance:
A. Temporary emergency lighting required by police, fire, or other public safety agencies, for the duration of the emergency only or for such time as is necessary to illuminate a hazardous condition created by the emergency. Such lighting shall be discontinued as soon as the emergency condition has ended.
B. Streetlights and other lighting owned or operated by the Township, the County, the State, or a public utility within a public right-of-way or easement for the principal purpose of illuminating streets.
C. Temporary holiday and seasonal decorative lighting displayed for not more than [sixty (60)] consecutive days, provided that individual lamps do not exceed 70 lumens and the display does not create a direct glare source or a traffic hazard.
D. Lighting required by the Uniform Construction Code or other applicable law for ingress and egress.
E. Underwater lighting in swimming pools and other water features.
F. Lighting on nonresidential properties and on multifamily properties described in Section 3A as governed by Chapter 62, Land Use, of the Township Code.
SEC. 42-249. Recreational Courts and Accessory Uses.
No residential tennis court, basketball court, sports court, swimming pool deck, or similar accessory recreational facility shall be artificially illuminated between 10:00 p.m. and sunrise. Lighting for such facilities shall in all cases comply with Sections 5 and 7.
SEC. 42-250. Nuisance Declared.
Any outdoor lighting on residential property that violates Sections 5, 6, 7, or 9 of this ordinance is hereby declared a public nuisance.
SEC. 42-251. Complaints and Enforcement.
A. This ordinance shall be enforced by the Code Enforcement Officer, the Zoning Officer, and the Police Department of the Township of South Brunswick.
B. Any person may file a written complaint with the Code Enforcement Office identifying the location of the offending luminaire and the nature of the light trespass or glare. The Officer shall investigate, including a site visit during affected hours where practicable.
C. Upon finding a violation, the Officer shall issue a written notice to the owner and, if different, the occupant of the property, specifying the violation and, with due regard to safety, directing that the offending luminaire be turned off immediately and remain off until the violation is corrected. The time provided to correct the violation shall not exceed [fourteen 14] days. Correction must be to the satisfaction of the Code Enforcement Office or designee and may be achieved by successfully re-aiming, shielding, reducing lamp output, relocating, adding controls, or removing the luminaire.
D. If the violation is not corrected within the period specified, the Officer may issue a summons. The Township Attorney may also seek injunctive relief in a court of competent jurisdiction.
E. No person shall be retaliated against for filing a complaint in good faith under this section.
SEC. 42-252. Penalties.
Any person who violates any provision of this ordinance shall, upon conviction, be subject to the penalties set forth in Section 1-13, General Penalty, of the Township Code, in accordance with N.J.S.A. 40:49-5. Each day that a violation continues after the expiration of the correction period set forth in Section 11(C) may constitute a separate offense.
SEC. 42-253. Existing Lighting.
Outdoor luminaires lawfully installed before the effective date of this ordinance that do not conform to Section 5(B), 5(C), 6(A), or 6(B) may remain, provided that they are operated in compliance with Sections 5(A), 5(D) through 5(H), 6(C), 6(E), 6(F), 7, and 9. Any such fixture that is replaced, relocated, or substantially altered shall conform to all provisions of this ordinance. Nothing in this section shall preclude enforcement against light trespass or glare from a pre-existing fixture.
SEC. 42-254. Severability.
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
SEC. 42-255. Repealer.
All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
SECTIONS. 42-256 -- 42-265.-Reserved
This ordinance shall take effect upon final passage and publication as required by law.
The above ordinance was introduced and passed on first reading at a regular meeting of the Township Council of the Township of South Brunswick held on October 7, 2026, and will be considered on second reading and final passage at a regular meeting of the Township Council of the Township of South Brunswick to be held at the Municipal Building, Monmouth Junction, New Jersey, at 6:00 p.m. on October 21, 2026, at which time and place any person having an interest therein will be given an opportunity to be heard.