§ 34-132. Special provisions relating to streetlights.

(a)

Alternative means of establishing special tax district for streetlights.

(1)

The owners of property lying within a proposed subdivision of land may, but shall not be required to, construct and install lighting fixtures for illumination of public rights-of-way to be located within such proposed subdivision, subject to the provisions of this article. A written request for authorization to construct and install lighting fixtures signed by all owners of such property shall be submitted to the planning director on such forms as may be prescribed, from time to time, by the planning director together with plans and specifications for such lighting fixtures for approval by the planning director. Such plans and specifications shall be designed and/or approved by the public utility company which will provide electrical service to the proposed subdivision and shall include, but not be limited to, a preliminary plat of the proposed subdivision showing the location of the lighting fixtures within the subdivision as required by the appropriate public utility, and a description of the fixtures, poles, and other components approved for use by such utility company. Upon approval of the plans and specifications by the planning director, such plans, specifications, and other required documents, together with the recommendation of the planning director, shall be submitted to the board of commissioners for final approval. The construction and installation of such lighting fixtures shall not commence until:

a.

The board of commissioners have approved such plans and specifications; and

b.

The county planning commission has approved the preliminary plat of the proposed subdivision which shows the location of all lighting fixtures.

(2)

In the event the planning director denies the request by such owner for authorization to construct and install such lighting fixtures, the planning director shall notify such owner in writing of such denial and the reasons therefor. Any such owner shall have the right to appeal the decision of the planning director by filing a written notice of appeal with the planning director within 30 days from the date of said notice of denial. The planning director shall thereupon submit the notice of appeal to the board of commissioners together with all plans, specifications and other documents constituting the record upon which the action appealed from was taken for placement upon the agenda of the board of commissioners for its determination. The board of commissioners may reverse or affirm, in whole or in part, or may modify the decision from which the appeal is taken.

(b)

Standards for streetlights. The American National Standards Practice of Roadway Lighting of the Illuminating Engineering Society, as approved by the American Standards Institute, as amended from time to time, is hereby adopted as the standard for the installation and operation of lighting in the unincorporated area of the county, with the following exceptions:

(1)

Lighting fixtures installed within public rights-of-way to be operated for the purpose of street illumination shall comply with these standards. The uniformity of illumination shall be such that the point of lowest illumination shall have at least one-third of the average horizontal footcandle required illumination level except that on local or residential streets, it may not be less than one-sixth of this average. The minimum average horizontal footcandle illumination level by roadway classification shall be as set forth in the following table:

Roadway Classification	Commercial Area	Intermediate Area	Residential Area
Major	2.0	1.2	0.9
Collector	1.2	0.9	0.6
Local or residential	0.9	0.6	0.2

 

(2)

Lighting fixtures installed within public rights-of-way as security lights or for the purpose of lighting areas other than streets shall be mounted on the side of the pole opposite from the street and shall be oriented in such a manner to ensure that the lateral light distribution pattern is parallel to the street and the vertical light distribution, at the initial light source, is perpendicular to the street, so as to protect the users of the street from objectionable glare.

(3)

Lighting fixtures installed within or outside of public rights-of-way for any other purpose shall be installed and operated in such a manner to prevent glare from being a hazard to or interfering with the normal use of public rights-of-way.

(Code 2005, § 74-171; Ord. of 4-19-2004(2), app. A)