Chapter 74
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

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Cross references: Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the city saved from repeal, § 1-11(6); any ordinance providing for local improvements and assessing taxes therefor saved from repeal, § 1-11(9); any ordinance establishing or prescribing street grades in the city saved from repeal, § 1-11(15); consumption of alcoholic beverages on public property, § 6-13; aviation, ch. 18; buildings and building regulations, ch. 22; cemeteries, ch. 30; environment, ch. 42; floods, ch. 50; parks and recreation, ch. 58; planning, ch. 62; depositing trash on streets and sidewalks, § 70-2; traffic and vehicles, ch. 82; weight limit on city streets, § 82-2; derelict motor vehicles obstructing public property, § 82-77; utilities, ch. 86; vehicles for hire, ch. 90; zoning, app. A; subdivisions, app. B; design standards for streets, app. B, § 601.

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Article I. In General

Sec. 74-1. Provisions saved from repeal.

Sec. 74-2. Removal of vehicles in order to improve or scrape streets; fees.

Sec. 74-3. Encroachments, obstructions prohibited; exceptions; abatement.

Sec. 74-4. Projecting vegetation; failure to remove.

Sec. 74-5. Obstruction of ditches, canals, rights-of-way.

Secs. 74-6? 74-35. Reserved.

Article II. Street Excavations, Boring, Trenching and Utility Installations

Sec. 74-36. Construction plans and specifications.

Sec. 74-37. Utility installation.

Sec. 74-38. Utility relocation.

Sec. 74-39. Excavations, etc.; permit.

Secs. 74-40? 74-70. Reserved.

Article III. Street Lighting

Sec. 74-71. Purpose.

Sec. 74-72. Uniformity.

Sec. 74-73. New lighting.

Sec. 74-74. Lighting in lanes.

Sec. 74-75. Special requests.

Secs. 74-76? 74-105. Reserved.

Article IV. Parades and Demonstrations

Sec. 74-106. Permit.

Sec. 74-107. Distributing articles from participating vehicles.

Secs. 74-108? 74-130. Reserved.

Article V. Engineering Policy

Sec. 74-131. Applicability.

Sec. 74-132. Drainage.

Sec. 74-133. Pavement.

Sec. 74-134. Street and roads requirements.

Sec. 74-135. Street markers.

Sec. 74-136. Sidewalks.

Sec. 74-137. Bonds.

Sec. 74-138. Utility installation.

Sec. 74-139. Construction plans and specifications.

Sec. 74-140. Inlets and channels.

Sec. 74-141. Interpretation.

Sec. 74-142. Extension of water, sewerage, storm drains or street paving prohibited; exception.

Secs. 74-143? 74-170. Reserved.

Article VI. Outdoor Lighting

Sec. 74-171. Purpose.

Sec. 74-172. Applicability.

Sec. 74-173. Criteria.

Sec. 74-174. Compliance monitoring.

Sec. 74-175. Street lighting dedication.

Sec. 74-176. Nonconforming lighting.

ARTICLE I.
IN GENERAL

Sec. 74-1. Provisions saved from repeal.

Sections 16-9 through 16-23, as amended, relating to street excavations, and sections 16-101 through 16-108 relating to encroachments on road rights-of-way in the 1976 Code are not repealed and shall continue in full force and effect pending a revision of the subject matter by the city.

Sec. 74-2. Removal of vehicles in order to improve or scrape streets; fees.

(a) The city marshal or any other duly appointed and acting police officer of the city shall have the authority to remove from the public streets of the city any automobile or other vehicle that blocks such streets when the motor grader or other vehicle owned and operated by the city is attempting to improve or scrape such streets. Such automobiles or vehicles may only be removed after proper notice has been given to the owner of such vehicles that the streets are being scraped and improved and a request has been made of the owner to remove such vehicle, unless the owner cannot be found. Such automobiles and vehicles may be removed by a private garage or towing company after such police officers have instructed a private garage or towing company to tow away and impound such automobiles or vehicles.

(b) The towing company, garage or wrecker service may continue to impound any automobiles or vehicles removed in order to improve or scrape city streets, until such towing company, garage or wrecker service is paid a reasonable charge as set forth in the schedule of fees and charges, as a towing fee, plus storage charges as set forth in the schedule of fees and charges, per day, for each day or portion of a day that such automobiles or vehicles are impounded.

(Code 1976, §§ 16-1, 16-2)

State law references: Abandoned motor vehicles, O.C.G.A. § 40-11-1 et seq.; when police officers may remove vehicles, O.C.G.A. § 40-6-206; removal of improperly parked cars or trespassing personal property, O.C.G.A. § 44-1-13.

Sec. 74-3. Encroachments, obstructions prohibited; exceptions; abatement.

(a) It shall be unlawful for any person to encroach upon, or to place any obstruction of any kind or nature in or upon any street or sidewalk within the city, or to cause such to be done. Streets and sidewalks shall at all times remain open to the use and enjoyment of the public, except for the purpose of making needful repairs or other public purpose such streets and sidewalks may be blocked or closed by the mayor or other designated official, who may also issue a permit to builders for placing materials and structures on such streets and sidewalks.

(b) Should there be any encroachment or obstruction in or upon any street or sidewalk of any kind or nature, and the person responsible for such encroachment or obstruction is known, such person shall be ordered by the mayor or other designated official to remove such encroachment or obstruction within five hours from the issuance of such order, which order shall be in writing, bear the date and the hour issued, and be served by the city marshal upon the person to whom directed immediately upon its issuance and delivery to the city marshal; and on being so served, should such person fail or refuse to remove such encroachment or obstruction within the time given, the city marshal shall proceed to remove such obstruction without further delay, and all expense incurred in the removal shall be charged to the obstructor and an execution issued therefor as in the case of a tax defaulter, provided, nothing in this subsection shall be construed as to abridge or affect the right and duty of the city marshal to prevent any encroachment or obstruction of any of the streets coming to his knowledge.

(Code 1976, §§ 16-3, 16-4)

State law references: Powers with respect to municipal street system, O.C.G.A. § 32-4-92; regulation of maintenance and use of public roads generally, O.C.G.A. § 32-6-1 et seq.; grant by municipal corporation of right to obstruct public street prohibited, O.C.G.A. § 36-30-10; power of city to open, close or extend public streets, alleys and sidewalks, O.C.G.A. § 36-34-3; municipal street improvements, O.C.G.A. § 36-39-1 et seq.

Sec. 74-4. Projecting vegetation; failure to remove.

(a) No person owning, occupying or controlling property in the city shall permit any tree, bush or shrub on his property to project over any street, sidewalk or other public way so as to obstruct or interfere with the view of or use by pedestrians or drivers of vehicles thereon, or of other persons or vehicles approaching from intersecting streets.

(b) It shall be unlawful for any person, whether the owner, tenant, agent or other person controlling property in the city, to fail to remove any projecting tree, bush or shrub after ten days' notice by the city to do so.

(Code 1976, §§ 16-5, 16-6)

State law references: Obstructing sidewalks or other public passages, O.C.G.A. § 16-11-43.

Sec. 74-5. Obstruction of ditches, canals, rights-of-way.

It shall be unlawful for any person to obstruct or cause an obstruction to be placed in a ditch, right-of-way, canal, or gutter, whether running adjacent to a public street or road or other public right-of-way, or in any manner to cause a blockage of any drainage ditches, canals, rights-of-way, or waterways, which affects the drainage of surface water and which is maintained by the public departments and agencies of the city.

(Code 1976, § 16-24)

Secs. 74-6? 74-35. Reserved.

ARTICLE II.
STREET EXCAVATIONS, BORING, TRENCHING AND UTILITY INSTALLATIONS*

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Cross references: Utilities, ch. 86.

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Sec. 74-36. Construction plans and specifications.

(a) Prior to beginning construction, the aldermanic board and/or public works department shall approve the design plans and specifications for such construction.

(b) Gas, electric, telephone, cable, etc., distribution construction plans for a subdivision development shall be approved by the city prior to recording the subdivision plat.

(Ord. of 7-19-1999, § IV)

Sec. 74-37. Utility installation.

(a) Utility installation in a public right-of-way shall require approval (a permit) by the aldermanic board and/or the public works department of the city.

(b) Utilities shall be placed in the utility easements when easements are provided.

(c) All rights-of-way, except rights-of-way specifically identified as private, shall become the exclusive property of the city at the time a final subdivision plat is recorded. Utilities may be placed within a city right-of-way only when utility easements are not provided, and only after approval is given by the city.

(d) An excavation permit is required when working, excavating, etc., in a city right-of-way and/or utility easement.

(Ord. of 7-19-1999, § II)

Sec. 74-38. Utility relocation.

All costs of relocating a utility shall be at the expense of the utility company. An unapproved installed utility in the city's right-of-way and/or utility easement that the city requires to be relocated shall be completely removed or relocated within 60 days. The 60-day period shall begin when the person installing an unapproved utility has been notified. If the unapproved utility has not been moved and/or relocated within the 60-day period, the city will impose a fine of $100.00 per day, until the utility is relocated and/or removed and as-builts are submitted to the city. The 60-day period may be extended by an additional 30 days by requesting the extension, in writing, to the office of the city manager and/or public works department. Extension shall be granted only for circumstances beyond the control of the utility owners, such as material delays, weather, etc.

(Ord. of 7-19-1999, § III)

Sec. 74-39. Excavations, etc.; permit.

(a) No person shall remove, dig, excavate, bore under, trench, plow or destroy any portion of any sidewalk, public way, right-of-way and/or road, for any purpose other than for emergency utility repairs or laying water mains, storm drains or sanitary sewer under the supervision and control of the city, without first obtaining a permit from the city.

(b) Permits shall be applied for not less than 72 hours, not including weekends and/or holidays, before any excavation is scheduled to begin. The cost of obtaining a permit shall be as set forth in the schedule of fees and charges.

(c) Permits can be obtained from the public works department and/or the city designee.

(Ord. of 7-19-1999, § I)

Secs. 74-40? 74-70. Reserved.

ARTICLE III.
STREET LIGHTING

Sec. 74-71. Purpose.

The purpose of this article is to regulate and control the installation of streetlights within the jurisdictional limits of the city.

(Code 1976, § 19-110)

Sec. 74-72. Uniformity.

All streetlights will be standard, 175 watt, mercury vapor lights mounted overhead on wood poles with overhead streetlight wiring.

(Code 1976, § 19-111)

Sec. 74-73. New lighting.

New lighting will be installed when one or more of the following criteria are met and it is found to be in the public interest to install the new lights:

(1) At all major intersections if the intersection is unlighted;

(2) Traffic engineering studies indicate that additional lighting is needed to prevent accidents;

(3) Police department studies indicate that additional lighting is needed to deter crime;

(4) At a mid-block location if the block spacing or the spacing between adjacent lights is 500 feet or greater in the developed areas;

(5) At the end of a dead end street or a cul-de-sac if the resultant light will be more than 250 feet from an existing light;

(6) That there are at least four separate residences or business establishments within a radius of 500 feet of the proposed light.

(Code 1976, § 19-112)

Sec. 74-74. Lighting in lanes.

Lighting in lanes, as a general rule, will not be provided unless police department studies indicate that lighting is needed as a crime deterrent.

(Code 1976, § 19-113)

Sec. 74-75. Special requests.

All streetlighting requests not covered in section 74-73 shall be submitted to the planning and zoning commission. The planning and zoning commission will make a comprehensive study of such requests, and shall, within 30 days, recommend approval or disapproval of the request.

(Code 1976, § 19-114)

Secs. 74-76? 74-105. Reserved.

ARTICLE IV.
PARADES AND DEMONSTRATIONS*

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State law references: Preventing or disrupting lawful procession, O.C.G.A. § 16-11-34; authority to regulate or prohibit processions or assemblages on the highways, O.C.G.A. § 40-6-371(a)(3); funeral processions, O.C.G.A. § 40-6-76; operation of motorcycles and motor vehicles in parades, O.C.G.A. § 40-6-7.

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Sec. 74-106. Permit.

(a) Required. It shall be unlawful to promote, organize or hold, or to assist in organizing or holding, or to take part or participate in, any parade or procession or other public demonstration in the public streets or public ways of the city, unless a permit therefor has been secured from the aldermanic board.

(b) Application. To secure a permit for a parade, procession or public demonstration, except as to those parades, processions and public demonstrations exempted by this article, written application shall be made to the aldermanic board setting forth the hour and date, the probable number of persons, vehicles and animals which will be engaged in such parade, procession or other public demonstration, the purpose for which it is to be held or had, and the streets or other public ways over, along or in which it is desired to have or hold such parade, procession or public demonstration.

(c) Granting; refusing; conditions. The aldermanic board may grant or refuse an application for a permit for a parade, procession or public demonstration as a privilege permit, as the aldermanic board, in its judgment may determine whether the parade, procession or public demonstration is or is not in the best interest, welfare, peace, safety, health, good order, morals or convenience of the citizens of the city and the public; and if the permit application is granted, the aldermanic board reserves the right to set the hour, time limit and streets and public ways where such parade, procession or other public demonstration shall be had, moved or held.

(Code 1976, §§ 13-50? 13-52)

Sec. 74-107. Distributing articles from participating vehicles.

(a) It shall be unlawful for any person to distribute or cause to be distributed from any vehicle participating in a parade, procession or other public demonstration in the public streets or public highways within the city, any item, either perishable or otherwise, to any bystander or onlooker. It shall also be unlawful for any owner or operator of any vehicle participating in a parade within the city to allow or permit any item, perishable or otherwise, to be distributed to any bystanders or onlookers from the vehicle.

(b) The term "vehicle," as used in this section, shall include any device which moves on wheels or on tracks, whether under its own power or otherwise.

(c) This section shall apply to gratuities and to items offered for sale.

(Code 1976, § 13-53)

Cross references: Traffic and vehicles, ch. 82.

Secs. 74-108? 74-130. Reserved.

ARTICLE V.
ENGINEERING POLICY

Sec. 74-131. Applicability.

All developments in the city shall conform to the minimum design requirements of this article, the subdivision regulations and zoning ordinance. The city will accept for maintenance the paving, storm drainage, sanitary sewer and water systems when designed and constructed in accordance with the engineering policy outlined in this article; provided, the city is furnished with engineering drawings satisfactory to the city's engineer containing the improvements "as built" being accepted by the city.

(Code 1976, § 16-30)

Sec. 74-132. Drainage.

(a) Storm drainpipe beneath pavement shall be minimum 18 inch concrete pipe unless a smaller size is approved by the city.

(b) Storm side-drain under driveways and walkways shall be minimum 15 inch diameter pipe. Plastic culverts shall have concrete headwalls to protect the pipe ends. However, in cases where there is less than 21 inches from the top of the traffic service on the driveway to the bottom of the ditch, the city has the right to reduce the size of this culvert pipe to such size as is, in their best judgement, adequate to fulfill the purpose of the drain.

(c) Metal pipe is not permitted as cross drains under pavement or in the city's rights-of-way or easements.

(d) Lot drainage shall be from the rear to the front of lots to eliminate rear lot ditches and swales. Exceptions will be considered when this requirement is not possible to accomplish due to existing ground elevations. Lot grades of one-half percent minimum are acceptable.

(e) Side lot drainage shall be piped; ditches on side lot lines are not permitted, unless specifically agreed to by the city. If ditches are allowed, they shall be placed in a right-of-way or nonencroachable easement large enough to accommodate the ditch plus a 25 foot access on one side.

(f) Rear lot drainage ditches and canals, new or existing, shall be piped or placed in a right-of-way of sufficient width to be maintained by mechanical equipment. Minimum drainage rights-of-way shall be the width of the ditch or canal plus 25 feet for equipment operation. A permanent stand of grass shall be established on both slopes and equipment area. Rights-of-way lines shall be parallel and changed in increments of five feet or ten feet. The developer shall provide the necessary canal right-of-way. Ditches or canals shall have a minimum sideslope of two to one.

(g) Swales less than one foot deep shall be paved a minimum of two feet wide. Swales greater than one foot deep but less than three feet deep shall have a four to one side slope. Four to one is four feet horizontal of each one foot vertical. A permanent stand of grass shall be established on both slopes. A swale is a drainage feature that receives stormwater from sheet flow and/or overland flow. Storm drainage pipe or gutter flow shall ont discharge into a swale. A drainage swale or ditch greater than three feet deep shall be piped unless it is a primary or secondary outfall.

(h) Ditch bank side slopes shall be constructed in such a manner that they will not erode and can be maintained with riding grass cutting equipment. The type of soil encountered will be considered in selecting the proper slope. Slope approval shall be at the discretion of the city, with a laboratory report on the angle of repose.

(i) Drainage calculations shall be submitted along with preliminary plans for review; internal subdivision drainage to be designed for a minimum of a ten-year storm with immediate runoff. Calculations shall include a rating showing the maximum water elevations at each structure for the year storm.

(j) Floodplain elevation for 100-year storm will be shown on drainage plan.

(k) Outfall drainage shall be designed for a ten-year storm. The peak post development discharge shall not exceed the predevelopment discharge for the property under construction. This will necessitate stormwater detention on most projects. If the existing outfall does not have the capacity to adequately pass the ten-year storm, then the allowable discharge for the outfall will be a prorated share of the available capacity based on acreage. The city will not be responsible for maintenance of any detention area nor will the city accept such for ownership. Maintenance and liability will remain with the developer or the designated successors, who shall be named prior to final plat approval.

(Code 1976, § 16-31)

Sec. 74-133. Pavement.

(a) Street paving shall be constructed under the current version of state department of transportation specifications and supplementary specifications as issued.

(b) An approved crusher stone pavement base with a minimum thickness of 7.5 inches shall be provided for all streets.

(c) Asphalt wearing surface shall be a minimum of 1 1/2 inches thick hot plant mix.

(d) Curbing six inches high is preferred, a rollover curb is permitted. Curb and gutters shall be constructed of Portland cement concrete.

(e) Concrete gutters where provided, shall be 12 inches or 18 inches wide. (Combined curb and gutters 18 inches or 24 inches wide).

(f) Minimum street pavement grade shall be three-tenths percent.

(g) Laboratory compaction, stability and density tests are required for the pavement with compression for the concrete curb and gutter.

(h) Street rights-of-way shall have a permanent stand of grass.

(i) Select trees left within a right-of-way with permission shall be the developer's responsibility for 24 months after the city accepts maintenance.

(j) Evidence that construction will be performed under the supervision of a registered engineer shall be submitted with construction plans.

(Code 1976, § 16-32)

Sec. 74-134. Street and roads requirements.

(a) The city will not accept for maintenance-unpaved streets and roads.

(b) Unopened platted streets and open streets not city maintained to be accepted shall be:

(1) Cleared and grubbed.

(2) Paved streets less than 200 feet in length, which cannot be extended will be given special consideration on an individual basis.

(3) Shoulders shall be eight feet wide.

(4) Have curb, gutter, and a proper drainage system. Roadside swales will not be accepted unless a waiver is granted by the city.

(5) Right-of-way shall be of sufficient uniform width to accommodate subsections (3) and (4) of this section.

(6) Road shoulders and roadside ditch banks shall be grassed and a permanent stand established.

(Code 1976, § 16-33)

Sec. 74-135. Street markers.

Street names shall be four-inch wide letters on a six-inch green, reflectorized background mounted on an approved metal standard eight feet above the ground. The city will prepare and erect the signs upon written request from the developer or his agent for the actual cost of labor and materials. If the city prepared street signs are not desired, the developer will deposit with the town $25.00 per street intersection for future replacements at the time the plat is recorded.

(Code 1976, § 16-34)

Sec. 74-136. Sidewalks.

Sidewalks shall be required as stated in the subdivision regulations and placed when street improvements are made, or:

(1) Sidewalks shall be placed as lot improvements are constructed.

(2) Undeveloped lots shall require sidewalks in place within 18 months after the subdivision is recorded. A 150 percent completion bond will be posted for the sidewalks.

(3) Sidewalks shall be placed in the right-of-way as approved by the city.

(Code 1976, § 16-35)

Sec. 74-137. Bonds.

(a) A bond or escrow account is required from the developer for the paving, curbs, and gutter, drainage system, sidewalks, water systems and sanitary sewage systems prior to recording the subdivision. The city may reduce the bond or escrow account 50 percent upon completion of construction. If no faults or failures develope, the remaining bond or escrow may be reduced an additional 50 percent at the end of six months. At the end of the second six months, the developer shall request an inspection, and if no faults or failures have developed, the city will release the bond or escrow.

(b) The bond or escrow shall remain in force until released by the aldermanic board and shall not automatically expire at the end of 12 months. Bond and escrow forms are available from the office of the city clerk.

(Code 1976, § 16-36)

Sec. 74-138. Utility installation.

(a) Utility installation in a city right-of-way shall require approval by the aldermanic board. The application form is available from the clerk.

(b) A right-of-way that is to be closed during utility installation must be advertised in the newspaper two days prior to construction and notice given police, fire departments, Emergency Medical Service (EMS), school buses, etc., The Georgia Manual on Uniform Traffic Control Devices for Streets and Highways shall be followed.

(c) Utilities shall not be placed longitudinally under street pavement. Utilities shall be placed a minimum of an equal distance from the edge of the pavement or back or curb, to their depth.

(d) After final compaction is reached on paving base or subbase, utilities shall be installed by jacking or boring.

(e) Rights-of-way shall be the exclusive property of the city at the time of recording subdivision plats. Utilities shall be installed in rights-of-way with permission of the city council.

(Code 1976, § 16-37)

Sec. 74-139. Construction plans and specifications.

(a) The design plans and specifications shall be approved prior to beginning construction.

(b) Approval of construction plans and specifications expire in six months if construction is not actively pursued.

(c) Utility construction plans shall show sufficient detail to prevent or to recognize conflicts. A typical cross section shall be provided.

(Code 1976, § 16-38)

Sec. 74-140. Inlets and channels.

(a) Artificial or natural waterways for boat traffic are not accepted for maintenance by the city.

(b) Artificial or natural lakes or ponds for fishing and recreation or for stormwater detention are not accepted for maintenance by the city.

(Code 1976, § 16-39)

Sec. 74-141. Interpretation.

In a conflict of the interpretation of these regulations, the interpretation of the city shall govern.

(Code 1976, § 16-40)

Sec. 74-142. Extension of water, sewerage, storm drains or street paving prohibited; exception.

No city water, sewerage, storm drainage or street paving shall be extended or added to except after permission is granted for such extension upon petition accompanied by a deposit of such funds as will accomplish the desired work. If the petition is denied, the deposit is to be returned. If granted, the funds shall be used exclusively for that purpose. The intent of this resolution is to relieve the city of any expense for such work, it being the obligation of the petitioner to make payment in full thereof.

(Code 1976, § 16-41)

Secs. 74-143? 74-170. Reserved.

ARTICLE VI.
OUTDOOR LIGHTING

Sec. 74-171. Purpose.

This article sets forth criteria for the following:

(1) The provision of lighting in public places where safety and security are concerns.

(2) The control of disabling glare from non-vehicular light sources that shine into driver's and pedestrian's eyes and thereby impair safe traverse.

(3) The protection of neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, shielded or applied light sources.

(Ord. of 10-18-2004, § II)

Sec. 74-172. Applicability.

Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse; including but nor, limited to single family and multifamily dwelling unit developments, commercial, industrial, public recreational, and institutional uses. In addition to the minimum placement requirements, the city council may require lighting to be incorporated for other uses or locations as they deem necessary. The glare control requirements herein contained apply to all lighting installations, including residential. (Refer to subsection 74-173(d) for placement and location of fixtures).

(Ord. of 10-18-2004, § II)

Sec. 74-173. Criteria.

(a) Illumination levels.

(1) Illumination, where required by this article, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA), as from time to time amended. The following table reflects said recommended practices of IESNA at the time of adoption of this article:

(2) All future amendments to the recommended practices of IESNA shall be made a part of the Pooler Outdoor Lighting ordinance without further action by the city board of supervisors. Copies of IESNA current publications may be obtained from IESNA Publications, 120 Wall Street, New York, NY 10005.

(b) Fixture design.

(1) Fixtures shall be of a type and design appropriate to the lighting application, and aesthetically acceptable to the planning and zoning commission for recommendation to the city council.

(2) For areas, such as parking lots, cutoff type fixtures shall be used.

(c) Control of nuisance and disabling glare.

(1) All outdoor lighting, whether or not required by this article; on private, residential, commercial, industrial, municipal, recreational or institutional property; shall be aimed, located, designed fitted and maintained so as not to present a disabling glare hazard to drivers or pedestrians, or a nuisance glare concern to neighboring properties.

(2) Directional fixtures such as flood lights, spot lights and sign lights shall be installed or aimed so that they do not shine directly into the window of a neighboring residence, directly into a roadway, or skyward.

(3) Externally illuminated signs shall be lighted by fixtures mounted at the top of the sign and aimed down rather than by fixtures mounted at the bottom of the sign and aimed up.

(d) Installation.

(1) Lighting fixtures shall not be mounted in excess of 30 feet above grade.

(2) Electrical feeds to lighting standards shall run underground, no overhead (on new projects and developments).

(3) Lighting standards in public parking areas shall be placed a minimum of four feet outside the paved area, or four feet behind tire stops locations; or be protected by other acceptable means.

(e) Maintenance.

(1) Lighting fixtures shall be maintained so as to always meet the requirements of this article.

(2) Plan submission: Lighting plans submitted to the municipality for review and approval shall include a layout of the proposed fixture locations; isofootcandle plots that demonstrate adequate intensities and uniformity; and manufacturer's catalog cuts that present a description of the equipment, including glare reduction devices, lamps, switching devices, mounting heights and mounting methods proposed. All proposed development plans shall, at the time of preliminary plan submittal, include lighting plans indicating proposed placement of all lighting fixtures incorporated with the above referenced specifications. The lighting plans shall also provide an engineering detail of fixtures, manufacturer, model, and installation of same.

(Ord. of 10-18-2004, § II)

Sec. 74-174. Compliance monitoring.

(a) Safety hazards. If the code enforcement officer or city engineer, judges that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified and requested to take timely remedial action.

(b) Nuisance glare and inadequate illumination levels. When the code enforcement officer, or city engineer, judges that an installation produces unacceptable levels of nuisance glare or skyward light or that illumination levels are insufficient or not being maintained in accordance with this article, the officer shall cause notification of the person(s) responsible for the lighting and request remedial action.

(Ord. of 10-18-2004, § II)

Sec. 74-175. Street lighting dedication.

(a) When street lighting is to be dedicated to the city, the applicant shall be responsible for all costs involved in the lighting of streets and street intersections from the date the first dwelling is occupied unit the date the street is accepted for dedication. The applicant must pay all cost associated with the installation of the lighting infrastructure and shall be responsible for all energy cost associated with the lights for a period not less than one year.

(b) Upon dedication of public roads, the city shall assess the homeowners, association, individual property owners, or corporations, as may be necessary, to collect all revenues required which are directly or indirectly associated with all costs of each specific street lighting fixture. These costs shall include:

(1) Administration.

(2) Collection.

(3) Pro-ration of non-payables.

(4) Actual charges from the utility.

(5) All maintenance and maintenance contracts necessary for the proper maintenance of said fixtures.

(c) Prior to dedication, and in the event of the formation of a homeowners' association and/or a property management declaration, the city shall require said agency to enter into an agreement guaranteeing the city payment of all costs associated with street lighting.

(Ord. of 10-18-2004, § II)

Sec. 74-176. Nonconforming lighting.

Any lighting fixture existing on the effective date of this article which does not conform with the requirements of this article shall be considered a lawful, nonconforming lighting fixture, subject to the following:

A nonconforming lighting fixture shall be made to comply with the requirements of this article when such fixture is replaced, relocated or repaired.

(Ord. of 10-18-2004, § II)