Hot Topics

Hot Topics includes subject matter that remains newsworthy over a significant period of time with the potential to impact the character and integrity of the village. Items covered on this page may not change frequently. We will maintain the latest public status as the information becomes available. While not all of the subject matter may be in the “backyard” of all residents, the decisions have far reaching ramifications to the village as a whole and as such we encourage all residents to participate in the dialog. Latest news in each topic area will be at the top followed by references and older information.

Page last updated May 6, 2010

External Lighting and Dark Skies

Background: The Village has been addressing topic topic of Dark Skies throughout 2009. In March 2009, the Village Board asked the Plan Commission to take the concepts from the Comprehensive Plan and draft an Ordinance update for Lighting which reflects the character of the Village and the need for enhancements to the Lighting Ordinance in effect to address recurring complaints from residents that by and large had been unresolved on a neighbor to neighbor basis. The Plan Commission completed their work and turned the raw material over the the ZBA, Zoning Board to get public comment and reach a recommendation for potential enhancements to the existing Ordinance.

The topic drew large crowds as Special Meetings of the ZBA three times in 2009. This page is being created to move all of the related Website material from the Lighting discussion to this page. The most recent information will always be on the top.

Lighting Ordinance Highlights

The Barrington Hills Village Board approved the Exterior Lighting Regulations effective January 24, 2011. The Village Code is being officially updated. The Ordinance becomes Section 5-3-13 of the Village Code. A few segments of the document are included below. Link to the Village Government Website Section to Village Code for a complete view of the Ordinance.

5-3-13: EXTERIOR LIGHTING REGULATIONS
PURPOSE:
The purpose of this Section is to provide lighting standards and practices which will minimize Light Pollution and will conserve energy and resources while maintaining nighttime health, safety, utility and security. It is also intended for this Section to provide regulations which will protect the health and welfare of the general public and protect the ecological and natural resources of the Village, while preserving the ability to view the celestial features of the night sky for present and future generations.
Village authorities recognize:
• The need to safeguard the rural character, aesthetic value and the unique quality of life that Village residents enjoy by preserving and enhancing the ability to view the night sky.
• The night sky as a natural resource.
• The need to define limits and protect residents from the trespass of excessive and misdirected light from adjacent properties.
• That proper direction and use of light minimizes the use of energy.
• That excessive illumination may have a detrimental effect on wildlife that depends on the natural cycle of the day and night for survival.
• The importance to all of astronomical observations and the enjoyment of the night sky.

The language of the Ordinance can be found in the text of the Village Code.

PENALTIES:
1. Non-Essential Lighting or Prohibited Lighting can be ordered by the Village Police Department or the Enforcing Officer to be extinguished, including mobile or ground mounted Searchlights, laser light shows, decorative flashing, blinking or tracing lights, exclusive of exempt Lighting, at any time.
2. It shall be unlawful for any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity to install, alter, repair, move, equip, use or maintain or allow such installation of any Exterior Lighting in violation of any of the provisions of this Section, or to fail in any manner to comply with a notice, directive or order of the Village.
3. If, after investigation, the Enforcing Officer finds that any provision of this Section is being violated, notice shall be given by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. Applicable staff shall be available to assist in working with the violator to correct said Lighting violation. If the violation is not abated within the thirty (30) day period, the Enforcing Officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this Section and to collect the penalties for such violations.
4. A violation of this Section, or any provision thereof, shall be punishable by a civil penalty of fifty ($50) dollars for residential violations and one hundred fifty ($150) for non-residential violations for each day of the violation after the expiration of the thirty (30) day period, and each day shall constitute a separate offense for the purpose of calculating the civil penalty.

ZBA Proposed Exterior Lighting Ordinance

Next Public Meeting May 17, 2010
Countryside School
205 W County Line Road

On May 17, the Zoning Board of Appeals will have on their regular agenda, the continuation of discussion on the proposed Exterior Lighting Ordinance. The Government website provides full access to the proposal along with pertinent zoning documents. http://www.barringtonhills-il.gov/zoning.htm

On April 22, the proposed Exterior Lighting Ordinance Impact Study was presented by the Village Engineers. Seven residents volunteered to have their homes evaluated. In all, only one of the seven homes met the criteria as stated in the proposed ordinance. Each site was reviewed and the reasons for non compliance and suggested remediation to meet the proposal were discussed.

For the complete Lighting Impact Study, the PDF is available through the Village Government website. http://www.barringtonhills-il.gov/pdf/VBHLightingImpactRptPart1.pdf

The meeting lasted several hours with each person in the audience having an opportunity to ask questions of the study team representative. Members of the Planning Commission and the Village Administration were on hand to answer ancillary questions.

Members of the audience questioned the methods used by the study team. Each person in the audience was given time to ask questions.

The ZBA reserved the right to review the study in greater detail and come back to the next meeting on May 17 at Countryside School to ask their own questions and engage in further discussion on the Proposal. Chairman Knight reminded the audience of the choices and options before the ZBA. In general, the ZBA members can accept or reject the Proposal in its entirety, or substitute language within the Proposal based on text amendment criteria of the Zoning Ordinance. They can make changes in accordance with information learned during the Technical presentations, from what was learned in the Impact Study and from comments and questions from the residents.

At the April 23 Board of Trustees meeting, residents eager to be heard spoke at the Board Meeting to state their positions. The measure has not reached the Board for action and will not reach them until the ZBA has concluded its deliberations.

February 2010 Newsletter Lighting References

Message from the Village President

Date:    Friday, January 22, 2010
To:      The Residents of Barrington Hills
Subject: The President’s Message for January 2010
Illuminating Lighting

Unless you have been living on Pluto during the last year, you have most likely been hearing a lot about lighting issues in the Village. Even the Wall Street Journal decided that lighting in our Village warranted a nationally published editorial. Apparently, we are more weighty a subject than the troubles in banking and the economy.

The Issue: From my perspective, the fundamental issues are property rights, long term protection of our character and environment, and governance.  Over use of lighting has been a concern of the Village since long before I came onto the Board in 2001.  It is driven in part by technology, architectural fashion, and operational and safety concerns.

In summary, does one resident have the unlimited right to light their property at the substantial detriment created by the halo to another?  And, if we are to balance these competing rights, what mechanism should we use and how should we go about discussing it?

The unique rural environment and character in Barrington Hills is fundamental to our property values and our lifestyle.  We enjoy the night as well as the day.  A clear night sky filled with stars on a warm summer evening or a crisp January night is part of the spectacular character of our community.  As residents, we expect to enjoy our property with little or no impact from our neighbors.  With the advancement of lighting technology in the last decade, a number of residences (mostly builders trying to advertise new spec. homes), and some institutions have installed wide scale property lighting.  In particular, lighting positioned high above the ground, and/or washing the sides of buildings.  On an intermittent use basis this would not be a problem.  However, some of these locations have brilliant lights on during all dark hours on a daily basis.  This creates a ‘halo’ effect in the night sky which many consider light pollution. These lights can also shine in windows, spill out onto surrounding properties, and disrupt the overall character of night in our Village.

I do not believe that the abuse of lighting is yet a wide scale problem.  There are 20 or so properties, both residential and institutional that are currently problematic and impacting the rights of surrounding neighbors.  But, as a community, we should consider how to prevent this issue from becoming wide spread given the recent growth in the problem.

The Recent History: In 2000, a lighting ordinance had failed to pass with some of the same controversy we have seen over this last year.  In order to address continuing complaints the Board received from residents, and in keeping with the perspective of small and non-intrusive government, Trustee Fritz Gohl and I authored changes to a simple lighting ordinance and enacted them in May of 2003. (See BH Ordinance 7-1-5) In short, it says that outdoor lights shall not create excessive glare or light levels so as to be dangerous to the public or result in annoyance or discomfort to the public or adjacent land uses.  It also says that if you can see the light bulb from the property line, you are out of compliance.  This was designed to address the spotlight shining into another’s yard or into someone’s windows.  It has been effective, easy to enforce, targeted, and solved a large number of problems since its enactment into our code. Typically, resolution involved simply reorienting the light or adding a small shield.

More recently, there has been increasing complaints caused by larger scale lighting as I described above that this existing ordinance was inadequate to address.  In an attempt to solve this problem, the Village Board asked the Plan Commission, through Trustee Steve Knoop, to look into the problem and make recommendations regarding this issue. 

The Process: The Plan Commission began holding public hearings in June 2008.  Like all Plan Commission hearings, they were public, regularly scheduled, and their agenda was posted on the BH WEB site.  Late in the fall of 2009, the Plan Commission issued a draft ordinance as a result of its findings.  This draft was sent to the Zoning Board of Appeals for further review, as we do with all ideas for ordinance changes.  The ZBA is specifically organized to process these drafts, review them technically, take more public comment, and make a specific recommendation to the Village Board.  This recommendation can range from ‘do nothing’ to substantial changes to the Village code. The ZBA is presently in the middle of these hearings.

Once the Village Board receives the analysis from the ZBA, I will instruct the Board to review these recommendations, take more public comment, and then vote on a final action.  It is the vote of the Board that determines what action the Village will take in this matter.  I suspect that it will be at least March before the Village Board takes up this matter.  Please continue to check the Village WEB site for meeting and agenda updates.

My Perspective: The lighting ordinance draft created by the Plan Commission and before the ZBA, from my own perspective, is overly burdensome and too draconian to achieve the correct balance between the property rights of neighbors and provide protection to the character of the Village. It impacts many residences and institutions that are not a problem.  Substantial changes and modifications are necessary before I can support an ordinance on this issue.  I have been clear about my perspective on this for a fair number of months. 

The nature of this draft is not unexpected.  The Plan Commission, as well as our other committees frequently create drafts which are not suitable for direct inclusion as a text amendment to the Village Zoning Code.  The Plan Commission’s purpose is to create a detailed library of issues and possible solutions.  They have done a good job of drilling down on many details of lighting, its impacts on our community, and provided a series of possible solutions.  It is the job of the ZBA to select from this library and create a Zoning Code text amendment, if they feel any is needed, which balances the issues and the concerns of our community.  The process is working precisely as it should.

It is imperative that the review of this issue continue to be conducted in an open and balanced way so that all sides can weigh in, without fear of retribution or being shouted down by any particularly loud organization. My primary role in this process is to ensure that democracy is not short-circuited or otherwise corrupted to the advantage of one view or another.

Please remember that our commissions and Board members are made up of your neighbors.  The work our commissions are doing is difficult and they need your cooperative input.  I commend their patience in this process as with every issue they deal with.  I commend their willingness and fairness to consider the quiet voices as well as the shrill ones.

It is without question that our community is well numbered with strong, independent, colorful, and committed people.  That is why part of the long term answer is to be considerate of your neighbors.  Take a critical look at your own property from your neighbor’s point of view.  Let’s work together in preserving this unique community that is shared by us all.

Steve Knoop, Trustee

Planning

What is a Comprehensive Plan… and Why Do We Care?

The present lighting ordinance has issues open to unintended consequences and must be addressed – especially to alleviate safety concerns. The Plan Commission (to which I am a non-voting liaison) prepared a draft ordinance solely as a first step to begin discussion as to how the village's Comprehensive Plan and ultimately our zoning might be compromised if lighting is not more adequately addressed in our zoning code.

Although comprehensive planning dates back to 1791, it was the famed Chicago visionary planner Daniel Burnham who employed comprehensive planning to not only address ways to make communities more beautiful but also to function better with all its inherent elements.

Today, a comprehensive plan is a land use document that provides a holistic framework covering a community's character regarding policy and land use decisions. An effective plan will address density, land use issues, transportation, water capacity, public facilities (or lack thereof), natural resources, environmental protection, and other similar issues. Once enacted, with community participation and professional advice, it provides developers and its citizens the framework on what to expect from that particular community.

Simply, it is the legal statement of community policy to guide zoning decisions and development.

It must be noted, however, that a comprehensive plan itself is not legally binding. For the comprehensive plan to be effective, the community's zoning ordinances must be legally consistent with the details of the plan to protect the community's character. The Village of Barrington Hills, unfortunately, has first hand legal experience with inadequacies and inconsistencies in its Comprehensive Plan. In 2003, McHenry County Judge Michael Sullivan ruled against our village in allowing nearly 400 acres to be disconnected as he specifically pointed out that the village's current Comprehensive Plan was inadequate in addressing the “growth prospects” (or limits to it) and “zoning ordinances” regarding the disconnection of the Duda owned property. This was a catalyst to the 2005 amending and updating of our Comprehensive Plan.

Zoning's principal function is to protect property values. In an intensively competitive real estate market such as Chicago, each community strives to create its niche and thus protect its value. Developers in their attempts to take advantage of a present environment and its inherent value often will test the limits of zoning to take advantage of the surroundings while differentiating their product for a broader and different audience. If left unabated, a community will slowly morph to an unintended new standard. This, in itself, is a danger as developers turn to what are called “LaSalle Factors” to bust existing zoning - separate from disconnection. An example of a LaSalle Factor is some perceived inconsistency or deficiency in the thoroughness in which a municipality has planned and zoned its land use. Another primary consideration, according to the Illinois Supreme Court, is whether a property is zoned in conformity with surrounding existing uses (in our case; open space, semi-rural, ecologically friendly) and whether those uses and codes are uniform and established. Being uniform is important concerning lighting, i.e. just because the sun goes down, doesn't mean we stop being semi- rural.

Barrington Hills is truly unique, especially given its proximity to Chicago. Protecting its uniqueness - and thus its property values - puts more stress on the need for consistent and adequate zoning that is in harmony with our Comprehensive Plan. Without such protective zoning regarding our semi-rural, open space, equestrian and conservation minded environment as stated clearly in our Comprehensive Plan, the community is vulnerable to change and loss of its niche. Property values will also change commensurately. During the last 10 years the village character has already changed - do we want to continue to change or maintain what we have? This is the discussion we should have.

Joseph S. Messer, Trustee

Zoning Board of Appeals

In recent months, the Zoning Board of Appeals (ZBA) has been busy at work on several matters important to the interests of all Village residents. .....

....Finally, the ZBA is currently considering an amendment to the Village Code which would create a lighting ordinance. After a mailing to residents informing them of the matter, on October 19, 2009, the ZBA held a special meeting at Countryside School, during which the
Plan Commission presented the petition for the amendment, and initial public comment was taken. A second special meeting was held on November 18 to allow for more public comment. The ZBA is now scheduled to begin deliberations at their January 20 meeting. Although no public comment will be taken at this meeting, it will be held at Countryside School to allow seating for those interested in the matter.

Fritz Gohl, Trustee

Public Safety

Lighting & Home Security

The Barrington Hills Police Department (BHPD) is in favor of lighting for the purpose of crime prevention and security 1) when that lighting is strategically placed, and 2) when illumination levels are set to be the most effective in order to provide a feeling of security to the homeowner. Additional levels of security for residents recommended to protect their family and their home include:

• Having an alarm system and keeping it on at all times.
• Displaying yard signs or window stickers indicating that you have an alarm system.
• Installing a back-up alarm.
• Setting up timers or computer software to control your indoor lights when you are away.
• Using CCTV (Closed Circuit Television) or IP (Internet Protocol) cameras.
• Owning a dog.
• Having an operational gate at the entrance to your driveway.

It is each homeowner's individual choice as to the amount of money they wish to invest in home security. But remember that the easiest and least expensive way to help provide a feeling of security is locking all doors and windows.

Ed. There are additional references on the Village News Committee Page under ZBA which will be moved into this position. Dark Skies material was on the IYA 2009 Page. That page is going to be moved into the History Section of the Website.