[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]
FOOTCANDLE
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.
FULL CUTOFF
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.
GLARE
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.
GLARE, DISABLING
Brightness in the field of view that impairs visibility and creates a potential hazard to the health, safety and welfare of the community.
GLARE, NUISANCE
Brightness in the field of view that creates an unreasonable annoyance or aggravation but does not create a potentially hazardous situation.
LUMEN
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).
LUMINAIRE
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
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.
TEMPORARY LIGHTING
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.