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HomeMy WebLinkAboutO-2009-004 Solar Lighting-Subsequent to July 1 2012-NOT ADOPTED ORDINANCE NO. 2009-004 - WITHDRAWN AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE XIV, "OUTDOOR SOLAR LIGHTING" OF CHAPTER 8, "BUILDINGS"; PROVIDING THAT ALL OUTDOOR LIGHTING INSTALLED SUBSEQUENT TO JULY 1, 2009 ON COMMERCIALLY ZONED PROPERTIES SHALL BE SOLAR POWERED; PROVIDING FOR IMPLEMENTATION; REQUIRING EXISTING LIGHTING TO COMPLY WITH THE SOLAR LIGHTING REQUIREMENT BY JULY 1, 2012; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR A SEVERABILITY CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach believes that as the governmental entity most directly involved with development in the City, it should take a leading role in protection of the local environment when approving and permitting development and re- development within the City; and WHEREAS, the City Commission believes that requiring solar powered pole lighting for outdoor commercial lighting will enhance and preserve the environment, reduce the demands on other resources, and contribute to the pubic welfare; and WHEREAS, the City Commission has determined that it will require solar lighting for outdoor commercial lighting for all new development and re-development and will establish an appropriate period of time before requiring existing commercial development to comply with the lighting requirement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,AS FOLLOWS: Section 1. That Article XIV, and Section 8-188 of Chapter 8, "Buildings" of the City Code of Ordinances are created to read as follows: Article XIV "Outdoor Solar Lighting". Section 8-188 Outdoor Solar Pole Lights. 1. All outdoor pole lighting installed on commercially zoned property, pursuant to a building permit issued subsequent to July 1, 2009, except for pole lighting in a development constructed pursuant to a site plan or master plan approved and active as of July 1, 2009, shall consist of a minimum of 25% solar powered lighting. In all cases where light fixtures on commercially zoned property are replaced subsequent to July 1, 2009, the replacement lighting shall be a minimum of 25% solar powered lighting. In all cases where the design of pole lighting fixtures in a commercial zoning district is altered, or where a pole light fixture is replaced subsequent to July 1, 2009, such lighting fixtures shall be 100% solar powered; provided, however, that for purposes of this section, another power source may be considered and approved by the City's Building Officials if the alternative power source is demonstrated to be equal to or uses less power than that generated by a solar power system. All pole lighting on commercially zoned property which has six (6) or less fixtures shall be required to be 100% solar powered by July 1, 2012. For commercially zoned properties with more than six (6) fixtures, at least six (6) fixtures shall be replaced with solar powered fixtures and twenty percent (20%) of the remaining fixtures shall be replaced with solar powered fixtures by July 1, 2012. For each of the following four (4) years, a minimum of an additional twenty percent (20%) of the fixtures shall be replaced so that by July 1, 2016, all commercial properties are equipped with 100 percent (100%) solar powered fixtures. Where, because of restrictions set forth in the Florida Building Code, or other provisions of the City Code of Ordinances, or other circumstances beyond the property owner's control, it would be an undue hardship to install the required solar powered lighting, the City Commission may postpone or waive the requirements of this section in whole or in part. 2. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starters, photo controls, housings, lenses and other similar components shall not constitute replacement unless the total value of the maintenance exceeds 50% of the value of the existing lighting structure, and shall be permitted, provided that such changes do not result in a higher lumen output or structural alteration of the outdoor pole light fixture. 3. The outdoor pole lighting must meet the following requirements: a. Certification: Certification by an independent professional engineer registered in the State of Florida of the complete system, including a lighting system attachment to the pole for the State of Florida to meet a 150-mph(3 second gust), Exposure "C"wind event. b. Solar Electric Power Modules: The solar module shall contain single or multi-crystalline solar cells. The solar module must have a rugged anodized aluminum frame, with a protective bottom surface aluminum module pan. Stainless steel hardware must be used throughout the fixture. 2 ORDINANCE#2009-004 c. Controller: Dusk and dawn detection must be provided; a remote control system is optional. d. Battery: The batteries must be able to supply five(5) consecutive days of backup power. e. Photometric information: The foot-candle illumination must be at least 1.0. The building official may require a higher illumination standard dependent upon the locations of the poles and the areas to be illuminated. f. Warranty: A five (5) year minimum warranty must be provided on the complete system and the following warranties must be provided. Battery: Full replacement(2 years);pro-rated for five (5) years Lamp: 5 years Solar Panels: 20 years Ballast: 5 years Controller: 5 years. Section 2. That all ordinances or parts of ordinances and resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. WITHDRAWN on first reading on PASSED AND ADOPTED on second reading on 52009. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 3 ORDINANCE#2009-004