Lighting Ordinance to Take Center Stage at July 28^th Council Meeting

By: Michael M. Shapiro

On Monday, July 28, 2008, New Providence Borough Councilman Brooke Hern intends to move for approval on first reading of a lighting ordinance he proposed during the June 26, 2008 meeting of the Council. The ordinance addresses commercial lighting and field lighting. It does not address residential lighting. Councilman Hern told The Alternative Press that it does not deal with residential lighting because, “I am not a big proponent of government that over-regulates.”

The Councilman said he sees this ordinance as bringing together two groups of people that were previously divided: residents for and against field lighting. He said the proposed ordinance will not stop lights from being installed at the high school but rather will make sure neighborhoods around the field are not lit by the field lights, which has been a primary concern of those opposed to field lighting. “Lighting companies have the means to comply with the ordinance and the technologies involved are readily available,” stated Councilman Hern. He summarized the content of the ordinance as, “if you’re going to put up lights, you must use technology that is readily available to make sure you are only lighting that area and are reducing glare.” Councilman Hern predicted that the ordinance will not meet with opposition by those who want the fields lighted because the ordinance “deals with areas everyone can agree on” and is a “reasonable approach which should be enacted now.”

Councilman Hern’s proposed ordinance has a long history to it. Approximately a year and half ago, Councilman Hern proposed to the Council that the Borough enact a lighting ordinance. He brought materials to the Council including ordinances from surrounding towns and relevant information from organizations that are experts in the lighting field, to help facilitate the process and put an ordinance together. At that time, the lighting ordinance issue was referred to the Planning Board with a request for the Board to come up with a draft ordinance for the Council’s consideration.

Councilman Hern told The Alternative Press that the Planning Board has been very busy and unable to get to drafting the ordinance since then. He said that in no way was a criticism of the Planning Board, noting that the Board members expend a lot of effort, prepare for and attend very long meetings and have a lot of work to do. He added that Board members are not compensated for their efforts.

Since the Board has not had the time to draft a lighting ordinance, Councilman Hern said that efforts were made to draft a comprehensive lighting ordinance, which was proposed to the Council on June 26, 2008. He told The Alternative Press that the Borough “needs a lighting ordinance” and that according to State statute, “the ultimate responsibility rests with the Council.” Councilman Hern noted that State statute also says that if the Council plans to pass an ordinance, it must first refer the ordinance to the town’s Planning Board for comment. He said that if the Planning Board does not provide comment within 30 days, the Council is legally able to take action anyway. If the Planning Board does provide comment, it is the Council’s decision whether to follow the Board’s suggestions.

As previously noted, Councilman Hern said that he intends to make a motion at the Borough Council meeting on July 28, 2008 to pass the ordinance on First Reading. He said that once the ordinance passes on First Reading, a public hearing is scheduled, as well as a final vote. The Councilman intends to ask that the public hearing be set approximately 40 days from the First Reading and that final action on the ordinance also take place within that 40 day period. In addition, he plans to ask that the ordinance be referred to the Planning Board for comment, those comments to be due back to the Council within 30 days.

The Councilman said that he has decided to take this course of action because the ordinance “has already waited a long time” and that “a lot of work has already been done,” noting that the ordinance is comprehensive and well-informed. He said he would be surprised if anyone on the Council has any changes to suggest since the ordinance “is not an early draft.”

Councilman Hern said that under his plan, the Planning Board would have the time to look at the ordinance, discuss it, and provide comment, while exerting minimal effort. He told The Alternative Press that Mayor Thoms has reacted negatively to his proposal. Councilman Hern said the Mayor “was outraged” and claimed that Hern’s proposal was an “attack on the Planning Board.” Councilman Hern said he was surprised by the Mayor’s reaction and noted that his proposal “is not a sleight to the Planning Board in any way.”

Mayor Thoms has proposed an alternative course. Under his proposal, the ordinance would first go to the Board of Education for review, then to the Community Activities Advisory Board for review, and finally to the Planning Board for review, with no deadlines provided for any of the reviews. Councilman Hern called the Mayor’s proposal “unacceptable to me.” He added, “we have a responsibility to act as a governing body.”

Councilman Hern told The Alternative Press, “We are elected to address issues such as this that require Council action and to do so in a timely manner. Timeliness has passed. This ordinance is now overdue.” He continued that, “I am trying to fulfill my obligations as an elected member to address an issue that requires an ordinance.” He said that if enacted, New Providence “won’t be the first community to enact one but might be the last.”

The Councilman told The Alternative Press that the Borough should have an ordinance enacted as part of its Code by September. He concluded, “I am optimistic we can get this moving forward.”