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14 - Street Lighting OrdinanceItem No. 14 TO: Mayor, Mayor Pro -Tem & City Council FROM: Todd Mittge, City Engineer SUBJECT: Street Lighting Ordinance DATE: April 24, 2023 BACKGROUND: The City of Paris is experiencing an influx of growth with new residential, commercial, and industrial development. One of the goals as the city grows is to continue to update our standards to help Paris stay vibrant and modern. One opportunity for modernizing the city as it grows is to develop a standard for street lights to be installed along new city streets where private business and residential development occurs. STATUS OF ISSUE: This proposed ordinance sets forth the guidelines for design and construction of street lighting on new arterials, collectors, and residential streets. There is currently an avenue for street light expansion in the city, but it is not a streamlined process, and based solely on individual requests to the Police Department. If approved by the Police Chief, lights can be placed on existing power poles in the requested areas. While this is a great opportunity to add illumination where it has not previously existed, a more holistic approach is needed for new development as the city grows. Modern lighting developed during the design of new neighborhoods and commercial areas will help reduce crime, increase traffic safety, and add to the beautification of neighborhoods. Developers will work with the city and the Local Electrical Service Provider to build them into their projects moving forward. The new stand-alone street lights will be selected by the Local Service Providers list of approved poles and will be more aesthetically pleasing than the current luminaire attachments to power poles. Without an ordinance in place establishing street lights as a requirement for new development, new neighborhoods and commercial areas will likely continue to be dark at night. The new lighting standard will apply equally to new development and will have many long term benefits for the city and its residents. BUDGET: With a new ordinance requiring street lights, there will be increased costs for development. The Local Service Provider will have a set allowance for installation of new street lighting, including electrical conduit. Costs above and beyond those allowances will be borne by the developer. The City of Paris will pay the monthly charge for the street lights within Public Street Rights of Way only. Maintenance, upkeep and eventual replacement of these new lights will be the responsibility of the Local Service Provider, as that is included in the monthly charges. RECOMMENDATION: It is the recommendation of staff that the City Council adopts the Street Lighting Ordinance as presented. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES TO AMEND CHAPTER 10, "STREETS, PARKS, AND OTHER PUBLIC WAYS AND PLACES," BY ADDING A NEW DIVISION 9, "STREET LIGHT REGULATIONS," TO ARTICLE 10.05, "STREETS AND SIDEWALKS;" MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris is experiencing an influx of growth including new residential, commercial, and industrial development; and WHEREAS, the City continues to update development standards to help Paris stay vibrant and modern; and WHEREAS, it is desirable to adopt standards for street lights to be installed along streets when and where private development occurs, both to enhance the appearance of the City and to ensure adequate lighting on said streets as a matter of public safety; and WHEREAS, the City Council, having reviewed the standards set forth in this ordinance, find that said standards are in the best interest of the City, its inhabitants, and those who conduct business here; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved and are incorporated herein by reference. Section 2. That Chapter 10, "Streets, Parks, and Other Public Ways and Places," of the Code of Ordinances of the City of Paris, Texas is hereby, and shall be, amended by adding Division 9, "Street Light Regulations," to Article 10.05, "Streets and Sidewalks," to read as follows: "DIVISION 9 Street Light Regulations § 10.0 5.3 3 5 Definitions. The following words and terms, as used herein, have the meanings respectively ascribed to them, as follows: Local Service Provider - An electrical corporation, a local publicly owned electric utility, or an electrical cooperative, or any other entity that offers electrical service. Luminaire - A complete lighting unit consisting of a light source such as a lamp or lamps and the parts that distribute the light, position and protect the light sources, and connect it to the power supply. Banding-- Any strap, linkage, ribbon, or adjustable attachment to a Local Service Provider electrical pole or Luminaire. Medallion - Anything resembling a medal in form, used as a hanging ornament on a Local Service Provider electrical pole or Luminaire. Banner - A flag, hanging tapestry cloth, standard, or informational sign attached to a Local Service Provider electrical pole or Luminaire. Downtown Sector - For the purpose of this Division, the area bounded by Graham Street to the North, Sherman Street to the South, and 3rd Streets to the East and West. Approved Subdivision - A subdivision that has a city approved Final Plat which has been recorded at the Lamar County Clerk's Office. § 10.05.336 General. (a) Street lighting refers to lighting systems installed within residential subdivisions and along collector and arterial roadways. These lighting systems are designed to provide safety lighting at intersections, roadside hazards, geometric changes, and other areas. (b) The provisions of this ordinance shall apply to street lighting only and shall not apply to site lighting associated with private development. (c) The requirements of this ordinance shall apply to only to street lighting in the City of Paris' right-of-way (ROW). Illumination of highways, tollways, and other facilities outside of the City of Paris right of way (ROW), shall be subject to the design requirements of the agency within whose authority the regulation of said highway, tollway, or other facility is entrusted. (d) Street lighting shall be provided for very light traffic in residential areas, medium traffic on collector streets, and heavy traffic on arterial streets. (e) Street lighting assemblies shall be placed to avoid blocking the visibility of traffic control devices. In all cases, lighting assemblies should be placed on the downstream end of the radius, just beyond the limit of the theoretical crosswalk. Street lighting assemblies should be located on the opposite side of the intersection from the name blades. (f) Street lights shall be installed within the right-of-way of public streets and within the easements of private streets. (g) Street lights shall be installed at all street intersections, at the end of all cul-de-sacs or dead-end streets where allowed, and at all significant changes in direction of roadways. In addition, street lights shall be installed at varying intervals along straight roadways in accordance with this ordinance. (h) A street light plan provided by the developer, including, location, style, (e.g. pedestal, post, and lamp) as well as mounting details shall be provided to the City for review and approval. In general, each development should adhere to a consistent lighting style, subject to the approval of the City Engineer. (i) Street light electrical service shall be installed underground unless otherwise approved by the City Engineer. Such exceptions may exist in areas of redevelopment/infill where power poles are located adjacent to the street. (j) All street lighting systems within the City of Paris shall utilize the Local Service Provider's current Street Lighting catalog on new installations. (k) Costs above and beyond Local Service Provider's set allowance for installation of new street lighting and conduit for street lights shall be borne by the developer. Monthly charges for street lights outside of the ROW of public streets shall be borne by the developer or subsequent owner of the property upon which a street light is located. § 10.05.337 Arterial streets. The following standards shall apply to all Arterial Streets: (a) Street lighting shall be placed on alternating sides adjacent to the roadway with spacing not to exceed 300 -feet and no closer than one 150 -feet depending on intersections. Proximity of street lights shall be determined by photometric analysis conducted by the developer. Pole spacing near signalized intersections shall consider the presence or lack of Luminaires on the traffic signal poles. (b) The new Luminaires shall be LED and shall have a color temperature of 3,000 to 4,500. (c) Street lighting shall be installed prior to final acceptance of the construction of a thoroughfare. When partial thoroughfares are constructed, the City may allow the payment of a street light fee in lieu of installing the required lighting. For development on existing streets, street lighting shall be installed prior to the issuance of a building permit. (d) The Developer must provide a street lighting plan and adhere to the Local Service Provider's current Street Lighting Catalog, design and construction specifications. Poles are to have a maximum height of forty-five feet (45') and a minimum height of thirty feet (30'). Poles may have single or double heads. Poles will be consistent in color and style. (e) Street lighting poles will be selected by the City from the Local Service Provider's current Street Lighting catalog. No other style will be allowed unless it is approved by the City Council. (f) Street lighting will be installed and maintained by the Local Service Provider. The Developer and Local Service Provider will share in the cost of the street lighting. The Local Service Provider has a set allowance per light. Costs above and beyond this allowance shall be covered by the Developer. (g) Street lighting foundations shall adhere to Local Service Providers current design and construction specifications. (h) All street lighting poles shall adhere to the NESC guidelines adopted by the Local Service Provider (i) Regarding street lighting conduits, wiring, and pedestals, Local Service Provider's design and construction specifications shall prevail. § 10.05.338 Collector streets. The following standards shall apply to all Collector Streets: (a) Street lighting shall be placed in the parkway between the curb and the sidewalk, with spacing not to exceed one per 450 -feet and no closer than one per 150 -feet. Proximity of street lights shall be determined by photometric analysis conducted by the Developer. Pole spacing near signalized intersections shall take into account the presence or lack of Luminaires on the traffic signal poles. (b) The new Luminaires shall be LED with a color temperature of 3,000 to 4,500. (c) Street lighting shall be installed prior to final acceptance of the construction of a collector street. For development on existing streets, street lighting shall be installed prior to the issuance of a building permit. (d) The developer must provide a street lighting plan and adhere to the Local Service Provider's current Street Lighting Catalog, design and construction specifications. -Poles are to have a maximum height of thirty feet (30') and a minimum height of twenty feet (20'). Poles will be limited to single Luminaires. Poles will be consistent in color and style. (e) Street lighting poles will be selected by the City from the Local Service Provider's current Street Lighting catalog. No other style will be allowed unless it is approved by the City Council. (f) Street lighting will be installed and maintained by the Local Service Provider. The developer and the Local Service Provider will share in the cost of the street lighting. The Local Service Provider has a set allowance per light. Costs above and beyond this allowance will be covered by the developer. (g) Street lighting foundations shall adhere to Local Service Provider's current design and construction specifications. (h) Regarding street lighting conduits, wiring, and pedestals, Local Service Provider's current design and construction specifications shall prevail. § 10.05.339 Residential streets. The following standards shall apply to all Residential Streets: (a) Street lighting shall be placed in the ROW. (b) No street lights shall be installed in alleys or for alley intersections with residential roadways. (c) Residential street lighting poles shall be selected by the developer, from the Local Service Provider's current Street Lighting catalog so long as it remains in compliance with the specifications herein and is approved by the City. (d) The developer may install additional Banding, Banners and/or Medallions with prior approval from the Local Service Provider and City. All Banding, Banners, and Medallions shall meet the Local Service Provider's Banner Policy. The City will not be responsible for the cost of maintenance and/or replacement of banding, banners, or medallions, including when work is performed by the Local Service Provider, with or without notice. If a street light is repaired or replaced, any banding, banners, or medallions will not be reattached by the Local Service Provider. (e) Street lights shall be installed without multiple Luminaires, unless approved by the City Engineer. (f) Subdivisions shall have a common type of Luminaire and pole throughout. (g) Street lighting shall be installed prior to final acceptance of the subdivision by the City. For development on existing streets, street lighting shall be installed prior to the issuance of a building permit. (h) The new Luminaires shall be LED with a color temperature of 3,000 to 4,500. (i) Street lighting will be installed and maintained by the Local Service Provider. The developer and the Local Service Provider will share in the cost of the street lighting. The Local Service Provider has a set allowance per light. Costs above and beyond this allowance will be covered by the developer. (j) Street lights shall typically be located at intersections and at mid -block locations if the block length is greater than 600 -feet. Cul-de-sacs over 225 -feet in length, measured from centerline of cross street to center point of cul-de-sac, shall have a street light installed at the street intersection and at the beginning of the bulb. Other locations may be required as deemed necessary by the City. (k) Street lights shall not be closer than 150 -feet nor greater than 600 -feet apart. Pole spacing near signalized intersections shall take into account the presence or lack of Luminaires on the traffic signal poles. (1) Street lighting foundations shall adhere to Local Service Providers current design and construction specifications. § 10.05.340 Lighting plan. A lighting plan developed by the Developer shall be required anytime street lighting is proposed or modified. All lighting shall adhere to the Local Service Provider's current design and construction specifications and standards. The lighting plan shall be submitted to the City for review and approval prior to the issuance of a construction permit. A certified engineer, architect, landscape architect, lighting engineer, or designer shall prepare the plan. The plan shall also contain a certification by the property owner or agent and the preparer of the plan that the street lighting depicted on the plan complies with these requirements. The submission shall contain all information which may be required by the City Engineer, including but not limited to the following: (a) Plans indicating the location of the lighting, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices. (b) Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required) and height of the Luminaires. (c) Photometric plan and data sheets, such as that furnished by manufacturers, or similar to that furnished by manufactures or the lighting designer, showing the angle of cut off or light emissions. (i)Light contribution from lighting systems outside the ROW shall not be considered in the photometric design of continuous arterial lighting systems. (d) Water, sewer, and franchise utility locations along with any other existing utilities lightly shaded on plans, with emphasis on any possible location conflicts with proposed lighting. § 10.05.341 Additional street lighting. Requests for additional street lighting shall be made to the Paris Police Department and decided upon by the Police Chief or designee. The Police Chief or designee shall consider the benefit of the street light to the surrounding area, the cost of service of the street light to the City, and any other factors appropriate and necessary to approve or disapprove the request. If the cost to install the requested additional street light exceeds the Local Service Provider's allowance, the additional cost shall be borne by the requestor. The City will provide only the monthly charge for the light. § 10.05.342 Street lights in the Downtown Sector and in overlay zoning districts and Planned Development zoning districts (PA). (a) Lighting in the downtown sector shall be coordinated with the Department of Community Development, which may, from time to time and in conjunction with the Engineering Department, vary the standards contained herein to account for unique historic or other considerations of the area. (b) The Department of Planning and Community Development may vary from these requirements as part of the approval of public street and sidewalk projects in overlay districts and Planned Developments. § 10.05.343 Violations; penalty. Violations of this ordinance shall be punishable by a fine not to exceed $500.00. Each day a violation exists shall be a separate offence. § 10.05.344 Defenses to prosecution. The following are defenses to prosecution under this ordinance: (a) That the street lights to provide temporary lighting which had been approved in writing by the City. (b) That the development consists of a city approved existing or phased subdivision as of the effective date of this ordinance. § 10.05.045 Legal non -conforming street lights. Lighting Luminaires in existence on the effective date of these requirements shall be exempt from these standards and shall be considered legally non -conforming. Such fixtures may be repaired, maintained and/or replaced. If an identical replacement of non- conforming luminaires is not available, the new luminaires shall comply with these requirements." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED on this 12th day of June, 202.3. Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney