POLICY STATEMENT 13

STREET LIGHTING

POLICY PURPOSE

The purpose of this statement is to adopt an official policy for the Town of Cary pertaining to the installation of street lights for the purposes of traffic safety and crime control.

COVERAGE

This policy, upon adoption, shall apply to all public rights of way within the municipal limits of the Town of Cary and any public rights of way annexed in the future until such time that the Policy Statement is altered, modified, or rescinded by the Town Council.

POLICY

The Town Council of the Town of Cary hereby establishes the following policy.

A.       The owner, developer, or subdivider of a site plan or subdivision, shall be required to install street lighting via underground contribution, unless specifically approved otherwise by the Director of Engineering, along all proposed streets and along all existing streets, which adjoin the property, in accordance with this policy.

B.       Through the site plan and subdivision plan approval process, the Director of Engineering may approve street lighting which exceeds the standard Town requirements for residential streets so as to reduce the length of sag vertical curves provided the street lights are operational prior to the issuance of any Certificates of Occupancy on such street.  In any case, the minimum allowable length of sag vertical curves shall be as follows: residential streets - 20A; cul-de-sacs and loop streets - 15A.

C.       All underground electrical distribution systems for street lighting within the corporate limits of the Town of Cary and its Extraterritorial Planning Jurisdiction shall be installed according to the following standards:

1.        Underground service for light fixtures shall be installed by the developer in conformance with Progress Energy and Town of Cary standards at the developer’s expense.

2.        The placement of street lighting fixtures on residential streets shall be at 400 to 600 foot intervals unless:

a.        the roadway length is less than 400 feet but more than 200 feet in which case a street light will be provided at the end of the street; or

b.        where the roadway length is less than 200 feet and a street light is placed at the intersection and no natural features create a problem, no street light will be placed at the end of the roadway; or

c.         the vertical and horizontal street alignment or natural features necessitate shorter spacing intervals.

3.        The placement of street lighting along non-residential streets shall be in accordance with the latest revision of the Illuminating Engineering Society’s “American National Standard for Roadway Lighting.”

4.        A street light shall be provided at all street intersections.

D.       Standard street light fixtures shall be enclosed high pressure sodium Cutoff Cobrahead lamps and conform to the following:

1.        All fixtures on residential streets shall be either 5800 or 9500 lumen lamps on Progress Energy standard gray fiberglass poles twenty-five (25) feet in height.  The 5800 lumen fixture shall be placed only at the “neck” of cul-de-sacs.

2.        All fixtures along thoroughfares shall be 16,000 or 28,500 lumen lamps on Progress Energy standard gray fiberglass poles thirty (30) feet in height or 50,000 lumen lamps on Progress Energy standard gray fiberglass poles thirty-five (35) feet in height.  The 16,000 or 28,500 lumen fixtures shall be placed in residential areas when spillover from the 50,000 lumen fixtures would be excessive.

E.       Authorization for street light installations shall occur at such time as:

1.        A developer, through the Town of Cary , requests the installation of street lights prior to the issuance of any Certificates of Occupancy.  The developer shall incur a monthly electrical expense billed from Progress Energy equal to the monthly electrical expense incurred by the Town of Cary , for each street light installed.  The developer will be billed by Progress Energy for the period beginning with installation of the street light and ending with notification to the Town of Cary , by the Developer, of issuance of a Certificate of Occupancy in the immediate area of each street light location.

2.        A Certificate of Occupancy is issued in the immediate area of the proposed street light location.

3.        A street is constructed or widened as a part of development. Streets that are constructed or widened by the Town of Cary shall be lighted immediately after construction, dependent on the availability of funds.

F.        Street lighting facilities and street lights shall be installed by the developer on any street, portion of street, or widening prior to the Town of Cary’s acceptance of that street for total maintenance unless otherwise approved by the Director of Engineering.  In the event street lighting has not been installed, the owner, developer, or subdivider may submit payment to the Town prior to acceptance of total maintenance.  Payment shall be based on a cost estimate provided by Progress Energy or the Engineering Department for street light installation. 

G.       Residents along a street may request the relocation of a street light provided the proposed street light location meets Town standards and the relocation is approved by the Engineering Department.  Residents living at the cul-de-sac end of a street may request the replacement of an existing 9500 lumen street light fixture with a 5800 lumen street light fixture.  A petition, signed by all persons within the area of influence, is required  for the relocation or replacement of street lighting and shall include information on the specific location and associated construction impacts.  The Engineering Department shall determine the area of influence on a case by case basis and provide the required petition for the residents to complete.  Relocation or replacement cost and all facilities abandonment costs must be paid in full to Progress Energy, in advance, by the resident(s) requesting the relocation or replacement.

H.       Residents along a street may request additional street lighting, beyond that already installed, provided current street lighting does not meet Town standards and the requested additional street lighting is approved by the Engineering Department.  A petition, signed by all persons within the area of influence, is required  for additional street lighting and shall include information on the specific location and associated construction impacts.  The Engineering Department shall determine the area of influence on a case by case basis and provide the required petition for the residents to complete.  After the petition is completed and approved by the Engineering Department, the Town will process the request and pay all costs associated with street light installation.

I.           Upon annexation, residents along a street may request additional street lighting, beyond that already installed, provided current street lighting does not meet Town standards and the request includes an approved petition.  The Engineering Department shall contact Progress Energy for the street lighting layout, including associated construction impacts and installation costs.  An approved petition for additional street lighting shall include the street lighting layout, associated construction impacts and signatures of 70% of residents within the area of influence.  The Engineering Department shall determine the area of influence on a case by case basis and provide the required petition for the residents to complete.  After the petition is completed and approved by the Engineering Department, the Town will process the request and pay all costs associated with street light installation.

J.         A developer or Homeowner’s Association (HOA) may request non-standard street lighting within a development provided:

1.        Street light fixture types and locations must be approved by the Town of Cary .

2.        The developer and/or HOA shall be responsible for all installation costs and monthly operating costs associated with non-standard street lights.

3.        The developer and/or HOA shall be responsible for any costs associated with deletion of non-standard street lights and any costs associated with installing the Town’s standard street lights prior to the expiration of the ten (10) year contract with Progress Energy.

4.        The developer shall include all responsibilities of the HOA pertaining to the non-standard street lighting in the development covenants.  The developer shall inform all purchasers of property in the development of these same responsibilities.

5.        Non-standard lighting shall not be used on thoroughfares.

6.        Developers of private streets shall be required to install private street lighting in accordance with this policy, with the exception that the Homeowner’s Association will not have the option of deleting the private street lighting at any time in the future.