[Ord. 3-1977, 12/27/1977, § 1]
Whenever any structure at any time used for human habitation
shall be vacant and untenanted for a period of nine months, it shall
not thereafter be inhabited by any person or persons until they shall
first obtain from the Township Code Enforcement Officer a certificate
of use and occupancy, which certificate shall only be granted after
inspection by the Code Enforcement Officer and upon his being satisfied
that the building or structure is fit for human habitation.
[Ord. 3-1977, 12/27/1977, § 2]
The Code Enforcement Officer, in making a determination as to
whether the structure is habitable, shall look to and rely upon codes
adopted by the Township and applicable to the construction and occupancy
of dwellings within the Township. He shall have a period of 10 days
from the date of application in which to make such determination.
[Ord. 3-1977, 12/27/1977, § 3; as amended by Ord.
2-2005, 7/6/2005]
Any person occupying a structure definable as abandoned under § 11-102 of this article without a certificate of use and occupancy, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and cost, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[Ord. 1-2005, 8/18/2005, § 4]
The purpose, scope and interpretation of this article is to
regulate all non-residential property units, apartments, institutions
or other multi-dwelling housing and properties associated with the
non-residential use or apartment or other multi-dwelling housing use,
wherein owner or resident elects to provide outdoor lighting within
the Township, to provide outdoor subdued lighting, in a safe, adequate
and appropriate manner consistent with the character of the Township
in the control of light pollution and to protect the health, safety
and welfare of the residents and the community.
[Ord. 1-2005, 8/18/2005, § 5]
A unit of light quantity or density when the foot is the
unit of measure. One footcandle equals one lumen per square foot of
area.
An industry recognized IESNA designation used by the lighting
industry to describe a lighting fixture from which no light output
is emitted at or above a horizontal plane drawn through the bottom
of the fixture and no more than 10% of the lamp's light intensity
is emitted at an angle 10° below that horizontal plane, at all
lateral angles around the fixture. Implicit in the definition is a
fixture that is aimed straight down and has a flat lens.
Brightness that impairs visibility in the field of view caused
by insufficient shielded lighting source that is sufficiently greater
than the amount of light to which the eye is adapted, to cause annoyance,
discomfort or loss of visual performance and visibility.
Brightness in the field of view that impairs visibility and
creates a potential hazard to the health, safety and welfare of the
community.
Brightness in the field of view that creates an unreasonable
annoyance or aggravation but does not create a potentially hazardous
situation.
A unit used to express the light output of a lamp or fixture.
The number of lumens striking a square foot of area determines the
footcandle level (lumens per square foot).
Complete lighting unit consisting of a lamp(s) together with
the parts required to distribute the light, position and protect the
lamp and to connect the lamp to the power supply. Used synonymously
with the term "fixture."
Replacement is a change to an existing lighting source or
lighting fixture costing more than 50% of the depreciated value of
replacing any part of the existing lighting source and lighting fixture,
including the bulb or any lighting element.
Use of non-permanent or portable lamps, fixtures or apparatus
for illumination of worksites, athletic events, celebrations or emergency
use not exceeding the minimum amount of time reasonably required,
but in no event longer than 30 consecutive days unless owner or operator
obtains a temporary lighting permit from the Township of Thornbury.
[Ord. 1-2005, 8/18/2005, § 6]
1.
The requirements and standards of this section shall apply to sign,
architectural, landscape lighting and outdoor lighting facilities
when provided for in all non-residential off-street parking areas,
off-street loading areas and roadways serving only non-residential
uses, all apartment or multi-dwelling unit parking areas consisting
of 10 or more spaces, and such other non-residential properties or
uses where outdoor lighting is deemed necessary by the Township of
Thornbury or owner for the protection of the health, safety and welfare
of the residents and the community. The requirements and standards
herein shall apply to future installations and replacements only.
2.
The property owner shall demonstrate that no nuisance glare or disabling
glare will result from implementation of the proposed lighting plan.
In addition, the property owner shall also demonstrate that the lighting
provides adequate measures to conceal visibility of the light source
from any point off the property being illuminated.
3.
Outdoor Lighting Design Standards and Illumination Standards.
A.
All outdoor lighting facilities required by this article shall provide
an illumination level utilizing the current recommended practices
and standards of the Illuminating Engineering Society of North America
(IESNA).
B.
Illumination pursuant to this article shall have the lighting intensities
and uniformity ratios as provided in the Lighting Handbook of the
Illuminating Engineering Society of North America (IESNA), 9th Edition,
as follows:
|
Use
|
Maintained Footcandles
|
Uniformity Avg: Min
| |||
|---|---|---|---|---|---|
|
Parking, Multi-dwelling
| |||||
|
Vehicular/Pedestrian Activity
| |||||
|
Low Activity
|
0.2 Min
|
4:1
| |||
|
Medium Activity
|
0.6 Min
|
4:1
| |||
|
Parking, Industrial/Commercial/ Institutional/Municipal
| |||||
|
High Activity
| |||||
|
(Regional Shopping Centers/Fast Food Facilities/Major Athletic/Civic/
Cultural Facilities)
|
0.9 Min
|
4:1
| |||
|
Medium Activity
| |||||
|
(Community Shopping Centers, Office Parks, Hospitals, Commuter
Parking Lots, Cultural/Civic/ Recreational Facilities)
|
0.6 Min
|
4:1
| |||
|
Low Activity
| |||||
|
(Neighborhood Shopping, Industrial Employee Parking, Schools,
Church Parking)
|
0.2 Min
|
4:1
| |||
|
Streets, Local Commercial
|
0.9 Avg
|
6:1
| |||
|
Building Entrances
|
5.0 Avg
| ||||
|
NOTES:
| ||
|---|---|---|
|
1.
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
| |
|
2.
|
Uniformity ratios dictate that average illuminance values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g. for commercial parking, high activity,
the average foot-candles shall not exceed 3.6 (0.9 x 4)
| |
C.
Lighting fixtures shall be of a type and design appropriate to the
lighting application and sensitive to the architecture and overall
character of the area in which they are located.
D.
For lighting horizontal surfaces, such as non-residential roadways
and parking areas, fixtures shall meet IESNA full cutoff criteria.
E.
The use of floodlighting, spotlighting, wall-mounted fixtures, decorative
globes and other fixtures not meeting IESNA full cutoff criteria may
be permitted by the Township of Thornbury only when the aforementioned
regulated property owner can demonstrate acceptable glare and light
trespass control and concealment of light source.
F.
Fixtures shall be equipped with or be capable of being fitted, at
a later time should the need arise, with light directing devices such
as shields, visors or hoods when necessary to redirect offending light
distribution or conceal the light source.
4.
Control of Nuisance Glare, Disabling Glare and Light Source.
A.
All outdoor lighting shall be aimed, located, designed, installed
and maintained so as not to present a hazard (disabling glare) to
drivers or pedestrians by impairing their ability to safely traverse,
and so as not to create a nuisance by projecting or reflecting objectionable
light (nuisance glare) onto a neighboring property, roadways or use.
B.
Floodlights and spotlights shall be so installed and aimed so that
they do not project their output into the windows or on property of
neighboring residences, adjacent uses, directly skyward or onto a
roadway.
C.
Unless otherwise permitted by the Township of Thornbury for reasons
of safety and security, all exterior lighting required by this article
shall be controlled by automatic switching devices, such as time clocks
or combination motion detectors and photocells, to permit extinguishing
light between dusk and dawn so as to mitigate nuisance glare and skyward
light trespass.
D.
When all-night safety or security lighting is permitted by the Township
of Thornbury, the lighting intensity levels shall not exceed 25% of
the levels normally permitted by this article.
E.
Vegetative or other screens shall not be employed as the primary
means of controlling glare, but rather glare control shall be achieved
through the use of such means as cutoff fixtures, shields and baffles
and the appropriate selection and application of fixture mounting
height, wattage, aiming angle and fixture placement.
F.
The intensity of illumination projected onto a residential use from
another property shall not exceed 0.1 vertical footcandle measured
at 30 inches above the ground at the property line.
G.
Fixtures meeting IESNA full cutoff criteria shall not be mounted
in excess of 14 feet above finished grade.
H.
Fixtures used for architectural lighting, e.g., facade, fountain,
feature and landscape lighting, shall be aimed so as not to project
their output beyond the objects intended to be illuminated and shall
be extinguished between 11:00 p.m. and dawn, unless specifically approved
by the Township of Thornbury.
I.
The source of all lighting shall be sufficiently shielded and concealed
so that it shall not be visible from any point off the property being
illuminated.
J.
Temporary lighting, as defined herein, shall be allowed which does
not create a hazard to the health, safety and welfare of the community.
5.
Installation.
A.
Electrical feeds for exterior lighting standards shall be placed
underground.
B.
Exterior lighting standards shall be placed a minimum of five feet
outside paved areas or on concrete pedestals at least 30 inches high
above the pavement or suitably protected by other means as approved
by the Township of Thornbury.
6.
Maintenance. Lighting fixtures and ancillary equipment shall be maintained
so as to continuously meet the requirements of this article.
7.
Inspection and Compliance.
A.
The Township of Thornbury may conduct a post-installation nighttime
inspection to verify compliance with the requirements of this article
and if appropriate require remedial action, the cost of which shall
be home by the property owner.
B.
Nuisance Glare and Inadequate Illumination.
(1)
The owner of an exterior lighting fixture or installation that
produces unacceptable levels of nuisance glare, skyward light, excessive
or insufficient levels of illumination or otherwise does not conform
to the requirements of this article shall be notified thereof by the
Township and shall be required to take remedial action.
(2)
Remedial action must be completed within 30 days of notification
by the Township of Thornbury or the Township may issue a citation
or file such other actions as allowed by law.
[Ord. 1-2005, 8/18/2005, § 7]
Any person, partnership or corporation who or which shall violate
any provision of this Ordinance shall be subject to a civil penalty
in the amount of $300 for each violation, plus court costs, including
reasonable attorney fees, as authorized by law.
