Type of Protective Language: Lighting Limitations
This is a type of protective language that is sometimes referred to as “nuisance”.
Why You Want It
Developers sometimes need and sometimes just prefer to do activity such as drilling and fracking at night. When they do this, they use very large industrial lights to illuminate the construction area. If you live close to a site that is being lit, the industrial lighting can be so bright that it looks like daylight even though it's the middle of the night. For many people, the intrusion of such powerful lights can disturb sleep and cause health problems.
Examples of that type of language
“Lighting on the site shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties. Lighting shall not exceed 0.2 foot candles above the existing ambient light level when measured ten (10) feet from any lot line. To the extent permitted by safety considerations, exterior lighting shall be turned off between dusk and dawn, except during maintenance activities on the site.”
(a) Lighting at the oil or gas well site, or other facilities associated with oil and gas drilling development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings within 100 feet of the oil or gas well development.
(b) Lighting at the oil or gas well site or other facilities associated with oil and gas drilling shall at no time exceed 0.1 foot candle, measured at any property line.
(c) Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
Applicants must submit “a lighting plan, demonstrating maximum feasible reduction of glare onto adjacent properties and compliance with § 27-508C(3) regulating glare.”
N. Lighting – No drill site lighting used for or associated with the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties. Lumen levels shall not exceed zero (0) foot-candle at the property line.
No well site lighting used for or associated with well site construction, drilling operations or post-drilling production shall be positioned in a manner such that it shines directly on public roads, protected structures, or any property within 3,000 feet of the well site. Well site lighting must be directed downward and shielded toprevent glare on public roads and adjacent properties.
The illumination projected from the oil and gas development or related operation shall at no time exceed 0.1 footcandle, measured at any property line.
- The lighting system shall be designed with cutoff luminaires that have a cutoff angle of 60° or less.
- Glare from gas flaring is considered to be illumination.
- The illumination projected from the Well Pad or an Accessory thereto shall at no time exceed 0.1 footcandle above the existing lighting level, measured at any property line, at a height of six feet (6') above the ground.
- All lighting shall be aimed, located, designed, filled and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance byprojecting or reflecting objectionable light or glare onto a neighboring use or property.
Additional Thoughts
For this and several other types of ordinances, you may want to include a penalties section. For example, what happens if a resident finds they are living near construction that is shining industrial lights in their windows late at night? What would the consequences of that violation entail? Fines? A first-strike type of warning?
Click here to learn more about different types of nuisances.