Broward County Commission Regular Meeting

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO UNINCORPORATED AREA LIGHTING; AMENDING SECTION 39-91 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") REGARDING LANDSCAPE LIGHTING; CREATING SECTION 39-113 REGARDING OUTDOOR LIGHTING; REPEALING SECTIONS 39-107 AND 39-226 REGARDING BEACH AREA LIGHTING AND OFF STREET PARKING AND LOADING LIGHTING; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by the Board of County Commissioners)

ACTION:  (T-4:00 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)

VOTE: 8-0.  Dr. Sharief was not present during the vote.

ACTION:  (T-4:02 PM)  Dr. Sharief telephonically requested being shown voting in the affirmative. (Refer to minutes for full discussion.)

VOTE: 9-0.

A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of January 8, 2019.

Amends the Code to update standards for outdoor and landscape lighting within the unincorporated area of Broward County.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT (EPGMD) AND THE ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION (EPCRD) RECOMMEND APPROVAL OF THE ABOVE MOTION.

This item supports the Board's Value of "Encouraging investments in renewable energy, sustainable practices, and environmental protection" and Goal 2: "Proactively lead in the planning, design and construction of projects supporting resilience and climate adaptation . . . ."

On August 17, 2017, the Climate Change Task Force voted unanimously to recommend the County develop a Night Friendly Lighting Ordinance and recommended that the cities also consider adoption. Community outreach to the Central County Community Advisory Board, Broadview Park, and Florida Power and Light occurred on January 22, 2018, February 6, 2018, and January 16, 2018, respectively. On April 10, 2018, the Board of County Commissioners directed the County Attorney to draft an amendment to the Broward County Code of Ordinances ("Code") pertaining to outdoor lighting and the issues of light pollution and trespass, including establishing criteria for site design and fixtures.

This proposed Ordinance has direct application in the unincorporated area of Broward County and serves to improve the quality of light by limiting light pollution and trespass. The proposed Ordinance supports the implementation of Policy 3.6.8 in the Broward County Land Use Plan regarding adoption of outdoor lighting standards that reduce energy use, increase public safety, and protect human health and wildlife; Action No. 11 of the Broward County Climate Action Plan regarding adoption of a "Dark Skies" ordinance discouraging light trespass; and the Ambient Noise & Light objective highlighted for focused attention and improvement through the Sustainability Tools for Assessing and Rating (STAR) certification process. In addition to energy conservation, benefits of the proposed Ordinance include safer conditions for drivers and pedestrians, improved security lighting, and improved environmental conditions for residents and wildlife.

On November 1, 2018, the Environmental Protection and Growth Management Department, as the local planning agency for the elements of the Broward County Comprehensive Plan for the unincorporated area, held its public hearing and made a recommended finding that the proposed Ordinance is consistent with the adopted Broward County Comprehensive Plan.

Michael C. Owens, Senior Assistant County Attorney, (954) 357-7600