[Ord. 803, 10/7/2002, § 165; as amended by Ord.
820, 12/8/2003]
The Zoning Administrator shall have the duty and authority for
the administration and general enforcement of the provisions of this
Part, as specified herein. Permits required for the installation of
lighting facilities shall not be issued by any municipal official
unless in accordance with the procedures specified herein.
[Ord. 803, 10/7/2002, § 166]
The light meter used for verification of illuminance levels
shall be the light meter owned by the Township. The light meter shall
be calibrated on a yearly basis to ensure accuracy.
[Ord. 803, 10/7/2002, § 167]
1.
The design for all outdoor lighting installations, to which the requirements
of this Part 1L apply, shall be reviewed by the Township of Ferguson,
or its duly appointed representative, for conformance with this Part.
When applicable, the required design submittal items shall be included
with the land development or site plan submittal pursuant to the issuance
of a zoning permit. In all cases, the outdoor lighting design shall
be approved by the Township of Ferguson prior to issuance of a zoning
permit and prior to construction of the outdoor lighting installation.
The required design submittal items are as follows:
A.
Site plan, drawn to scale of one inch equal to 50 feet (maximum),
indicating the following:
(1)
The zoning district and use of the property.
(2)
The property lines of the property.
(3)
The zoning district(s) and uses of the adjoining properties.
(4)
Public roadways and right-of-ways on or adjoining the property.
(5)
The principal buildings and structures on the property.
(6)
The areas or elements to be illuminated on the property.
(7)
The proposed layout of the outdoor lighting installation on
the property including, but not limited to, all pole-mounted luminaries,
bollard- or pedestal-mounted luminaries, canopy-mounted luminaries,
and luminaries mounted on the exterior of buildings and structures.
Identify each luminaire by a type designation.
(8)
The results of the lighting design superimposed on the site
plan. This shall be in the form of isofootcandle diagrams, drawn to
scale with the value of contours labeled. The information presented
shall be of sufficient quantity and detail to determine compliance
with the requirements of this Part.
(9)
The lighting design information required in Subsection 1B below.
B.
Required Lighting Design Information.
(1)
The total light loss factor(s) used in the calculations to de
ermine maintained illuminance values.
(2)
The maximum maintained illuminance value at grade within the
area being illuminated (in horizontal footcandles or horizontal lux).
(3)
The average maintained illuminance value at grade of the functional
area being illuminated (in horizontal footcandles or horizontal lux).
(4)
The maximum maintained illuminance values at grade along all
property lines (in horizontal footcandles or horizontal lux).
C.
Required Luminaire Information.
(1)
A luminaire (light fixture) schedule of all luminaries used
for the outdoor lighting installation. Each luminaire type shall be
indicated by a type designation which correlates with those indicated
on the site plan. The luminaire schedule may be indicated on the site
plan or submitted separately. The luminaire schedule shall include
the following information for each luminaire type: description of
luminaire, mounting configuration and height, IES candlepower distribution
classification (cutoff, semi-cutoff, or non-cutoff), IES lateral light
distribution if applicable (Type I, Type II, Type III, Type IV, or
Type V), lamp type, lamp wattage, and lamp initial lumens.
(2)
Manufacturer's product data sheets (catalog cuts) for each
luminaire type.
(3)
Manufacturer's photometric report (certified to IES standards)
for each luminaire type. The photometric report shall clearly indicate
the cutoff classification of the luminaire. This information is mandatory
in order to be able to independently verify the lighting design results.
[Ord. 803, 10/7/2002, § 168]
1.
The design for all outdoor lighting installations, to which the requirements
of this Part 1L apply shall be reviewed by the Township of Ferguson,
or its duly appointed representative, for conformance with this Part.
When applicable, the required design submittal items shall be included
with the land development or site plan submittal pursuant to the issuance
of a zoning permit. In all cases, the outdoor lighting design shall
be approved by the Township of Ferguson prior to issuance of a zoning
permit and prior to construction of the outdoor lighting installation.
The required design submittal items are as follows:
A.
Basic site plan information indicating the following:
B.
Required luminaire information:
(1)
Manufacturer's product data sheets (catalog cuts) for each
luminaire type.
(2)
Manufacturer's photometric report (certified to IES standards)
for each luminaire type. The photometric report shall clearly indicate
the cutoff classification of the luminaire.
(3)
If the proposed fixtures are not IES cutoff fixtures, the manufacturer's
product data must clearly illustrate the proposed method of glare
containment (glare shield or visors).
[Ord. 803, 10/7/2002, § 169]
The lighting design information and luminaire information submitted
for approval shall correlate with the actual lighting equipment installed
in the field. Installation of lighting equipment in the field, which
is not the same as that approved in the design submittal, is prohibited.
Where the actual lighting equipment to be installed cannot be verified
during the design phase of a project (such as with a competitively-bid,
publicly funded project), preliminary approvals may be obtained for
the outdoor lighting design based on performance specifications. However,
once the actual equipment to be installed is determined, the design
submittal requirements of this Part shall apply.
[Ord. 803, 10/7/2002, § 170]
For purposes of enforcement, initial illuminance levels (measured
at grade in horizontal footcandles or horizontal lux) produced by
outdoor lighting installations shall be the maintained illuminance
levels indicated by the approved design submittal divided by the light
loss factor (LLF) indicated by the approved design submittal. To account
for variations in illuminance levels, the initial illuminance level
may deviate upwards from the approved design, including the light
loss factor, by a factor of 10%.
[Ord. 803, 10/7/2002, § 171; as amended by Ord.
820, 12/8/2003]
1.
Enforcement Officer. The Zoning Administrator is hereby designated
as the enforcement officer for this Part. In furtherance of his/her
authority as such enforcement officer, the Zoning Administrator shall
have the following duties and powers:
A.
Review and Issue Permits. Review all applications for lighting permits.
Issue permits for those lighting installations found to be in compliance
with the provisions of this Part.
B.
Issue Notices of Violations. Issue Notices of violation to owner,
agent or person having the beneficial interest in the building or
the premises on which a lighting installation is located which is
found to be in violation of this Part.
C.
Cause Removal of Certain Lights. After due notice, cause the removal
of certain lights which are found to be in non-compliance with one
or more of the provisions of this Part.
D.
Administrative Interpretations. Render, when called to do so administrative
interpretations regarding the provisions of this Part and their effect
on the display of any lighting located or to be located in the Township
of Ferguson.
E.
Maintenance of Records. Maintain all records necessary to the appropriate
administration and enforcement of this Part, including applications
for variances and appeals.
F.
Public Information. Provide and maintain a source of public information
relative to all matters arising out of this Part.
2.
Zoning Hearing Board of Ferguson Township.
A.
Jurisdiction. The Zoning Hearing Board is hereby vested with the
following jurisdiction and authority:
(1)
Appeals. Hear all appeals from any order, requirement, decision,
determination, or interpretation of the Zoning Administrator or lighting
consultants acting with the authority vested by this Part and make
written decisions for the disposition of such appeals.
(2)
Variances. Hear all requests for variances from the provisions
of this Part and make written decisions for the granting or denial
of such requests.
3.
Appeals. An appeal may be taken to the Zoning Hearing Board by any
person aggrieved by an order, requirement, decision, determination,
or interpretation by the Zoning Administrator acting within the authority
of this Part.
A.
Petition for Appeal.
(1)
Standing. An appeal shall be filed within 30 days after the
alleged erroneous order, requirement, decision, determination or interpretation.
(2)
Filing. An appeal shall be filed in writing with the Zoning
Administrator and shall include the following information:
(a)
The names, addresses and telephone number(s) of the petitioner(s),
the owner(s) or the property on which the light is to be erected or
affixed, the owner(s) of the lighting, and the person affixing the
lighting.
(b)
A description of the appeal.
(c)
Justification of the appeal.
(d)
The location of the building structure, or zoning lot on which
the light(s) is to be erected or affixed.
(e)
A site plan on the property involved, showing accurate placement
thereon of the proposed light(s).
(f)
The written consent of the owner of the building, structure,
or property on which the light(s) is to be erected or affixed.
(g)
Such other information as the Zoning Administrator may require
to determine full compliance with this and other applicable ordinances
of the Township of Ferguson.
(3)
Each appeal to the Zoning Hearing Board shall be accompanied
by a fee in an amount as set by resolution of the Ferguson Township
Board of Supervisors.
B.
Effect of Appeal. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Zoning Administrator certifies
to the Zoning Hearing Board, after the appeal has been filed with
the Zoning Administrator, that by reason of the facts stated in the
application, a stay would in her/her opinion cause imminent peril
to life or property. In such case, the proceeding shall not be stayed
unless a restraining order is issued by a court of record, and then
only if due cause can be conclusively shown.
C.
Zoning Hearing Board Public Hearing.
(1)
Timing. The Zoning Hearing Board shall hold a public hearing
on an appeal within 60 days of its receipt of a completed, written
petition for appeal.
(2)
Attendance. The petitioner and Zoning Administrator and/or their
authorized representatives shall attend those meetings of the Zoning
Hearing Board at which an appeal is to be heard.
D.
Zoning Hearing Board Decision. Within 45 days after the close of
the required public hearing on an appeal, the Zoning Hearing Board
shall prepare and submit written findings of fact and conclusions
of law to grant, deny, wholly or in part, or to modify said appeal.
E.
Effect of Zoning Hearing Board Denial. No appeal which has been denied
wholly or in part by the Zoning Hearing Board in accordance with the
provisions established herein may be resubmitted for a period of one
year from date of said denial, except on grounds of new evidence or
proof of changed conditions found to be valid by the Zoning Hearing
Board.
F.
Maintenance of Records. The Zoning Administrator shall maintain complete
records of all findings of fact and conclusions of law of the Zoning
Hearing Board relative to an appeal. All such records shall be open
to the public for inspection.
4.
Variances. It is the intent of this Part to use variances only to
relieve hardship. Specifically, variances are to be used to overcome
some exceptional condition which poses practical difficulty or particular
hardship in such a way as to prevent an owner from displaying his/her
lighting as intended by this Part. Such practical difficulty must
be clearly exhibited and must be a result of an external influence;
it may not be self-imposed.
A.
Petition for Variance.
(1)
Standing. A petition for a variance from any provisions of this
Part may be made by any person having a proprietary interest in the
light(s) for which such variance is requested.
(2)
Filing. A variance request shall be filed in writing with the
Zoning Administrator and shall include the following information:
(a)
The name, addresses and telephone number(s) of the petitioner(s),
the owner(s) of the property on which the light(s) is to be erected
or affixed, the owner(s) of the light, and the person affixing the
light(s).
(b)
A description of the requested variance.
(c)
Justification of the requested variance.
(d)
The location of the building, structure, or zoning lot on which
the light(s) is to be erected or affixed.
(e)
A site plan of the property involved, showing accurate placement
thereon of the proposed light(s).
(f)
The written consent of the owner of the building, structure,
or property on which the light(s) is to be erected or affixed.
(g)
Such other information as the Zoning Administrator may require
to determine full compliance with this and other applicable ordinances
of the Township of Ferguson.
B.
Fees. Each variance request to the Zoning Hearing Board shall be
accompanied by a fee in an amount as set by the Board of Supervisors,
which fee is to be paid at the time of filing of the variance request.
C.
Zoning Hearing Board Public Hearing.
(1)
Timing. The Zoning Hearing Board shall hold a public hearing
on a variance request within 60 days of its receipt of a completed,
written petition for variance.
(2)
Attendance. The petitioner and Zoning Administrator and/or their
authorized representative(s) shall attend those meetings of the Zoning
Hearing Board at which a variance is to be heard.
D.
Standards for Variances. The Zoning Hearing Board may determine that
a variance be granted when it shall be determined from evidence presented
to the Zoning Hearing Board that the variance will not merely serve
as a convenience to the petitioner, but is necessary to alleviate
some demonstrable hardship or unusual practical difficulty and that
the granting of the variance will not in any way be inconsistent with
the intent, purpose and objectives of this Part.
E.
Zoning Hearing Board's Decision. Within 30 days after the close
of the required public hearing of a requested variance from one or
more of the provisions of this Part, the Zoning Hearing Board shall
prepare and submit written findings of fact and conclusions of law
to grant, deny, wholly or in part, or to modify said variance request.
[Ord. 803, 10/7/2002, § 172; as amended by Ord.
820, 12/8/2003]
1.
Failure to Obtain or Renew Lighting Permit. Any person who erects,
alters, or relocates within the Township of Ferguson any light(s)
without first obtaining a light permit shall, upon conviction thereof
in a proceeding commenced before a district justice in accordance
with the Pennsylvania Rules of Criminal Procedure, be sentenced to
pay a fine of not less than $300 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days, provided that each day's continuation
of a violation shall constitute a separate offense.
2.
Display of Illegal Lights. Any person who displays a light or lights
in the Township of Ferguson found to be in violation of one more of
the provisions of this Part shall, following receipt of a written
notice of such violation(s) and, upon conviction thereof in a proceeding
commenced before a district justice in accordance with the Pennsylvania
Rules of Criminal Procedure, be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days, provided that
each day's continuation of a violation shall constitute a separate
offense.
3.
Other Remedies. In addition to all other remedies, the Township of
Ferguson may institute any appropriate action or proceeding to prevent,
restrain, correct or abate any violation of this Part.
