[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 1-19-2009 by Ord. No.
2009-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 79.
Streets and sidewalks — See Ch. 168.
Subdivision and land development — See Ch. 172.
Zoning — See Ch. 200.
[1]
Editor's Note: This ordinance also repealed former Ch.
124, Outdoor Lighting, adopted 8-18-2003 by Ord. No. 2003-2.
This chapter shall be known as, and may be cited as the "Union
Township Outdoor Lighting Ordinance of 2009."
The purpose of this chapter is to require and set minimum standards
for outdoor lighting to:
A.
Provide for and control lighting in outdoor public places where public
health, safety and welfare are potential concerns.
B.
Protect drivers and pedestrians from the disabling glare of nonvehicular
light sources.
C.
Protect neighbors and the night sky from nuisance glare and light
trespass from improperly selected or poorly aimed, placed, applied,
maintained or shielded light sources.
D.
Promote energy-efficient lighting design and operation.
E.
Protect and retain the rural character of Union Township.
F.
Provide for variations in permitted lighting and lighting levels
commensurate with designated lighting zones.
A.
This chapter shall regulate uses that are proposed to operate during
hours of darkness.
The following shall be exempt from the requirements of this
chapter:
As used in this chapter, the following terms shall have the
meanings indicated:
A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located - an off-site advertising
sign.
[Added 7-16-2018 by Ord. No. 2018-02]
A unit of light quantity stated in lumens per square foot
and measurable with an illuminance meter, aka "footcandle or light
meter."
A lighting fixture from which no light is emitted at or above
a horizontal plane drawn through the bottom of the fixture, and no
more than 10% of the lamp's intensity is emitted at or above
an angle 10% below that horizontal plane, at all lateral angles around
the fixture.
The sensation produced by lighting that causes an annoyance,
discomfort or loss in visual performance and visibility to the eye.
A measure of the amount of light falling onto a surface with
light coming from an external light source(s). Illuminance, or illumination,
is measured in units of footcandles or lux.
[Amended 7-16-2018 by Ord. No.
2018-02]
An instrument called an illuminance meter or light meter
which measures the amount of light (illuminance) being received at
a location.
[Added 7-16-2018 by Ord. No. 2018-02]
The level of illumination (illuminance) which the light source
on one property shines onto another property. This is measured in
footcandles (or lux), generally at the property line of the property
receiving the light.
[Amended 7-16-2018 by Ord. No.
2018-02]
The light-output rating of a lamp (light bulb), as used in
the context of this chapter.
A measure of brightness of a source emitting light such as
a backlit, digital or LED sign or billboard or a surface reflecting
light. Luminance, or surface brightness, is most often measured in
nits, or candelas per square meter (cd/m2) which are equivalent.
[Added 7-16-2018 by Ord. No. 2018-02]
A nit is a measurement of luminance whose standard is the
amount of light that one candle gives off in one square meter of area.
A nit measures light force given off from a curved surface such as
a light bulb or an LED. The nit is a unit of measurement that is used
for "brightness" given by such sources as digital signs, displays,
lighted billboards, etc.
[Added 7-16-2018 by Ord. No. 2018-02]
Any structure, building, wall, or other outdoor surface,
or any device or part thereof, which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device, or other representations
used for announcement, direction or advertisement. The word "sign"
includes the word "billboard" but does not include the flag, pennant,
or insignia or any nation, state, city or other political unit nor
public traffic or directional signs.
[Added 7-16-2018 by Ord. No. 2018-02]
The Township has been divided into lighting zones in which lighting
is allowed or restricted commensurate with the need to control light
trespass, glare and the need for more or less illumination. In addition
to the other requirements in this chapter, the following supplementary
restrictions shall be imposed:
A.
LZ1: Illumination levels shall not exceed 1.0 footcandle at any point
on the property. Sign and billboard lighting shall not be permitted.
[Amended 7-16-2018 by Ord. No.
2018-02]
B.
LZ2: Illumination levels shall not exceed 2.0 footcandles at any
point on the property. Billboard lighting shall not be permitted.
Sign lighting, whether off or on premises, shall only be illuminated
while the business or facility is actually open to receive customers
or patrons, and for an additional period of 1/2 hour thereafter.
[Amended 7-16-2018 by Ord. No.
2018-02]
C.
LZ3: Illumination levels shall not exceed 3.0 footcandles at any point on the property, except that high-activity facilities such as petroleum dispensing and fast-food operations shall be permitted to have illumination levels not to exceed 10 footcandles. Sign and billboard lighting as permitted by zoning shall be in compliance with the standards set forth in § 124-9 of this chapter.
[Amended 7-16-2018 by Ord. No.
2018-02]
A.
Illumination levels.
(1)
Lighting, where required by this chapter or otherwise required by
the Board of Supervisors, shall have illuminances and uniformity ratios
in accordance with the current recommended practices of the Illuminating
Engineering Society of North America (IESNA) as contained in the current
issue of:
(2)
These recommended practices are hereby incorporated by reference
as though more fully set forth herein. Copies of the recommended practices
are available for use at the Township Municipal Building.
B.
Lighting fixture design.
(1)
Fixtures shall be of a type and design appropriate to the lighting
application and aesthetically acceptable to the Township.
(2)
For the lighting of predominantly horizontal surfaces such as, but
not limited to, roadways, areas of vehicular and pedestrian passage,
merchandising and storage areas, automotive-fuel-dispensing facilities,
automotive sales areas, loading docks, culs-de-sac, active and passive
recreational areas, building entrances, sidewalks, paths, site entrances
and parking areas, fixtures shall be aimed straight down and shall
meet IESNA full-cutoff criteria, unless the aggregate wattage per
fixture does not exceed the output of a standard forty-watt incandescent
lamp, i.e., 500 lumens, in which case noncutoff fixtures shall be
permitted.
(3)
For the lighting of nonhorizontal surfaces such as, but not limited
to, facades, landscaping, signs, fountains, displays, flags and statuary,
the use of lighting not meeting IESNA full-cutoff criteria shall be
permitted only with the approval of the Board of Supervisors, or its
designee, based upon acceptable glare control. (Approval shall not
be required if the aggregate wattage per fixture does not exceed the
output of a standard forty-watt incandescent lamp, i.e., 500 lumens.)
(4)
Barn lights, aka "dusk-to-dawn lights," shall not be permitted where
they are visible from other uses unless fitted with a reflector to
render them full cutoff.
C.
Control of nuisance and disabling glare, i.e., excessive brightness
or hot spots in the field of view.
(1)
All lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard 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 onto a public roadway
or neighboring use or property.
(2)
Floodlights and spotlights, when their use is specifically approved
by the Township, shall be so installed and aimed that they do not
project their output into the windows of neighboring residences, adjacent
uses, past the object being illuminated, skyward or onto a public
roadway.
(3)
Unless otherwise permitted by the Board of Supervisors, e.g., for
safety or security or all-night commercial/industrial operations,
lighting for commercial, industrial and public recreational and institutional
applications shall be controlled by automatic switching devices such
as time clocks or combination motion detectors and photocells to permit
extinguishing sources between 11:00 p.m. and dawn.
(4)
Security lighting proposed for use after 11:00 p.m., or after the
normal hours of operation for commercial, industrial, institutional
or municipal applications, shall be reduced by 75% from the levels
normally permitted by this chapter from then until dawn.
(5)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles and appropriate application of fixture mounting height,
wattage, aiming angle and fixture placement.
(6)
The intensity of illumination projected onto a residential use from
another property shall not exceed 0.1 footcandle, measured vertically,
line-of-sight, from any location on the receiving property.
(7)
Except as provided for below under recreational uses, fixtures meeting
IESNA full-cutoff criteria shall not be mounted in excess of 20 feet
above finished grade of the surface being illuminated and fixtures
not meeting IESNA full-cutoff criteria, when their use is specifically
approved by the Township, shall not be mounted in excess of 16 feet
above grade.
(8)
Directional fixtures for such applications as facade, fountain, feature
and landscape illumination shall be aimed so as not to project their
output beyond the objects intended to be illuminated and shall be
extinguished between the hours of 11:00 p.m. and dawn.
(9)
Only the United States and the Pennsylvania state flag shall be permitted
to be illuminated from dusk to dawn, and each flagpole shall be illuminated
by a single source with a beam spread no greater than necessary to
illuminate the flag(s). Flag lighting sources shall not exceed 7,000
lumens per flagpole.
(10)
The use of white strobe lighting for tall structures such as
smokestacks, chimneys and radio/communications/television towers is
prohibited during hours of darkness, except as specifically required
by Federal Aviation Administration.
(11)
Canopy lighting, for such applications as gas/service stations
and bank and fast-food drive-throughs, shall be accomplished using
flat-lens, full-cutoff fixtures aimed straight down and shielded in
such a manner that the lowest opaque edge of the fixture shall be
level with or below the light source.
(12)
Uses that require the projection of light out at 45° or
higher shall not be illuminated.
D.
Installation.
(1)
For new installations, electrical feeds for pole-mounted fixtures
shall be run underground, not overhead.
(2)
Poles supporting lighting fixtures for the illumination of parking
areas and located directly behind parking spaces or where they could
be hit by snowplows or wide-swinging vehicles shall be placed a minimum
of four feet outside paved areas or tire stops, or on concrete pedestals
at least 30 inches high above the pavement, or suitably protected
by other Township-approved means.
(3)
Pole-mounted fixtures shall be aimed straight down.
(4)
Electrical installation of streetlighting shall be in accordance
with prevailing regulations and specifications established by the
Metropolitan Edison Company. It shall be the responsibility of the
installing contractor, or his agent, to have final construction inspected
by an electrical inspection agency and a written report attesting
to this fact submitted to the Metropolitan Edison Company, thereby
allowing the utility to provide pole illumination.
E.
Post-installation inspection. The Township reserves the right to
conduct post-installation nighttime inspections to verify compliance
with the requirements of this chapter and if appropriate, to require
remedial action at no expense to the Township.
A.
Residential subdivision streets.
(1)
Illumination of residential subdivisions shall be in accordance with the Subdivision and Land Development Ordinance, Chapter 172 of the Union Township Code.
(2)
For concentrated residential developments where lot sizes are on
average less than 20,000 square feet (1/2 acre), streetlighting shall
be provided as follows:
(a)
At the intersection of public roads with entrance roads to the
development.
(b)
At the intersection of roads within the development.
(c)
At cul-de-sac bulb radii.
(d)
At terminal ends of center median islands having concrete structure
curbing, trees, signs or other fixed objects, and at cul-de-sac center
islands with curbing.
(e)
At defined pedestrian crossings located within the development.
(f)
At other locations along the street as deemed necessary by the
Board of Supervisors.
(g)
In residential developments where lot sizes are too small to
accommodate the parking of two vehicles on the lot, thereby necessitating
on-street parking, streetlighting shall be provided along the length
of the street, in accordance with the illuminance requirements contained
in this chapter.
(h)
In multifamily developments, common parking areas shall be illuminated
in accordance with the illuminance requirements contained in this
chapter.
(3)
In residential developments with lesser density, where lot sizes
are on average over 20,000 square feet (1/2 acre), streetlighting
may be required as deemed necessary by the Board of Supervisors.
B.
General streetlighting. The Township shall designate where lighting
shall be provided for public roads. Such lighting shall be subject
to the following criteria:
(1)
Electrical installations shall be in accordance with prevailing regulations
and specifications established by the Metropolitan Edison Company
(Met Ed). It shall be the responsibility of the installer or his agent
to have final construction by an electrical inspection agency and
a written report attesting to that fact submitted to Met Ed, thereby
allowing the utility to provide pole illumination.
(2)
Streetlighting luminaires shall be full-cutoff and shall not be mounted
higher than 20 feet above finished ground.
[Amended 7-16-2018 by Ord. No. 2018-02]
A.
Billboards. The illumination of billboards shall be allowed only by permit (See Ch. 200, Zoning, of the Union Township Code) and proposed lighting shall conform to the following requirements:
(1)
Externally illuminated billboards.
(a)
Externally illuminated billboards shall be lighted by fixtures
mounted at the top of the billboard or sign and aimed downward. They
shall be designed, aimed and fitted to limit the light pattern to
the billboard and not beyond and so as not to project their output
into the windows of neighboring residences, adjacent uses, past the
face of the billboard, skyward or onto public roadways.
(b)
The maximum initial illuminance on the face of an externally
illuminated billboard shall not exceed 10 vertical footcandles anywhere
on the face of the billboard.
(c)
The illumination of billboards shall be limited to LZ3.
(d)
The illumination of a billboard within 400 feet of a residential
zoning district shall not be permitted.
(e)
Off-premises billboards shall be automatically extinguished
by 11:00 p.m. until dawn. On-premises billboards shall be extinguished
by 11:00 p.m. each evening except that for businesses that remain
open past 11:00 p.m., the lighting may remain on no later than 1/2
hour past the close of business.
(f)
Rotating, pulsing or oscillating lighting sources, lasers, beacons
or strobe lighting shall not be permitted.
(g)
The use of highly reflective material creating a glare hazard
shall not be permitted.
(h)
Applications for billboard lighting shall be accompanied by
catalog cuts of proposed fixtures and any glare reduction devices
and a description of lamps, mounting locations, aiming angles, proposed
method of automatically extinguishing the lighting by the required
time and a point-by-point plot of initial vertical illuminances on
the billboard face.
(2)
Internally illuminated (digital/LED) billboards.
(a)
The underlying principle by which digital/LED billboards are
considered within Union Township is that the luminance level for digital
signage should be similar to what the luminance of an identical sign
would be if it was printed out and installed on a static sign face.
In short, new digital signs should not operate at a higher surface
brightness than would be expected from the static technology that
they are replacing. As such, new digital billboards shall be permitted,
and conforming static billboards may be converted to digital billboards,
in zoning districts where off-premise advertising signs are permitted,
subject to all applicable regulations in this chapter.
(b)
All internally illuminated digital/LED billboards visible from
roadways may not display animated images, shall contain static messages
only, and shall not have movement nor flashing on any part of the
sign or structure, nor shall the sign have varying light intensity
during the display of any single message.
(c)
Each image to be displayed on an internally illuminated digital/LED
billboard shall have a minimum dwell time of 10 seconds. There shall
be no appearance of a visual dissolve or fading, in which any part
of one electronic message/display appears simultaneously with any
part of a second message.
(d)
There shall be no appearance of flashing or sudden bursts of
light, and no appearance of animation of the message/display.
(e)
No fade, twinkle, scroll, dissolve or moving pictures or animation
shall be permitted.
(f)
Contains a default design that freezes the message in one position
if malfunction occurs.
(g)
The time interval used to change from one complete message/display
to the next complete message/display shall be a maximum of three seconds.
(h)
Any illumination intensity or contrast of light level shall
remain constant throughout the sign face.
(i)
Billboards may incorporate features to provide electronic message
displays provided it does not disrupt or distract the operator of
a motor vehicle.
(j)
Off-premises billboards shall be automatically extinguished
from 11:00 p.m. until dawn. On-premises billboards shall be extinguished
by 11:00 p.m. each evening except that for businesses that remain
open past 11:00 p.m., the lighting may remain on no later than 1/2
hour past the close of business. During both daytime and nighttime
periods of operation, digital/LED billboards shall be subject to surface
luminosity limits.
(k)
The daytime surface luminance limit, based on normal daytime
brightness shall be a maximum of 3,500 nits with board face in all-white
mode.
(l)
For nighttime hours (when permitted to operate), a luminance
limit of 300 nits maximum with board face in all-white mode is established.
Nighttime shall be considered from 30 minutes after sunset to 30 minutes
before sunrise.
(m)
Digital/LED billboards shall also be required to provide for
a light sensing device that will adjust the brightness of the display
as the natural ambient light conditions change. This will adjust the
light output between sunny-day and night maximums to respond to overcast,
foggy or dusk conditions.
(n)
The owner or operator of said digital/LED billboard shall provide
for an initial certification of the light output documenting compliance
with the standards of this chapter. The measurements shall be carried
out by an independent contractor made with a calibrated luminance
meter, following the instrument manufacturer's instructions and
shall be taken from the area of the roadway where the billboard in
question will be visible from, and which is closest to being directly
in front of the billboard. The initial luminance measurement shall
be undertaken by the sign owner after construction of the sign. Final
approval of the sign permit shall be subject to compliance with the
luminance limits set forth in this chapter.
(o)
Should the post-construction luminance measurements show luminance
readings in excess of the maximum limits, the owner will be required
to adjust the signs luminance to bring the billboard into compliance.
(p)
Digital billboards should be designed so that should the digital
billboard malfunction, the message will automatically freeze.
(q)
The owner of said digital/LED billboard is encouraged to coordinate
with the local authorities to display, when appropriate, emergency
information to the traveling public, including, but not limited to,
amber alerts or alerts concerning terrorist attacks or natural disasters.
Emergency information messages shall remain in the advertising rotation
according to the protocols of the agency that issues the information.
(r)
Union Township recognizes that it is a community that is rural
in character and that the background light levels tend to be lower
than many of its adjoining municipalities and that these background
light levels may vary significantly in different portions of the Township.
Therefore, the Township reserves the right to request additional adjustments
to the luminosity levels below the limits set forth herein, when in
the opinion of the Township and/or its Code Enforcement Officer the
signs luminosity results in a negative environmental or safety impact
due to perceived excessive brightness/glare concerns.
(s)
Should a written complaint be filed with the Township, concerning
the issue of light intensity, glare or light trespass with respect
to a digital/LED billboard, the Township will notify the owner of
said billboard and the owner shall be responsible to have a luminance
measurement conducted by an independent contractor made with a calibrated
luminance meter, following the instrument manufacturer's instructions,
taken from the area of the roadway where the billboard in question
will be visible from, and which is closest to being directly in front
of the billboard. The results shall be submitted to the Township within
15 days of receipt of notice from the Township. Any failure to comply
shall be cured within 30 days. Results indicating compliance shall
be retained on record by the Township and shall create a presumption
of compliance for a period of one year from the date of the measurement
certification.
B.
Signs. Illuminated signs shall be allowed by permit only and proposed
lighting shall conform to the following requirements:
(1)
General.
(a)
The lighting or relighting of signs shall require a sign permit,
which shall be granted only when Union Township is satisfied that
excessive illumination, light pollution, glare and light trespass
have been adequately mitigated.
(b)
All illuminated on-premises signs shall be automatically extinguished
between the hours of 11:00 p.m. and dawn, except for those businesses
that remain open past 11:00 p.m., the lighting may remain on no later
than 1/2 hour past the close of business.
(c)
Professional home occupation signs, whose services are customarily
considered essential in an emergency, may be illuminated after 11:00
p.m. provided that the illumination is white light and not exceeding
the equivalent of a twenty-five-watt incandescent light source (maximum
250 lumens).
(d)
All sign lighting shall be designed, aimed and fitted to limit
the light pattern to the sign and not beyond and so as not to project
their output into the windows of neighboring residences, adjacent
uses, past the face of the sign, skyward or onto public roadways creating
a visibility hazard to drivers.
(e)
Lighting for the American Flag is permitted, but the light source
beam angle must be aimed and restricted so as not to project the light
at an angle greater than the travel of the flag or project onto another
property.
(f)
The use of red, green or amber flashing lights on any sign within
200 feet of a street intersection shall be prohibited.
(g)
Union Township reserves the right to require post-installation
reaiming, shielding, reduction of light intensity, or other remediation
to mitigate off-site consequences.
(2)
Externally illuminated signage.
(a)
It is recommended that externally illuminated signs be illuminated
by fixtures mounted at the top of the sign and aimed downward.
(b)
Ground-mounted lighting, if used, shall be shielded and suitably
protected to prevent misaiming by lawn maintenance personnel. Signs
using ground mounting shall be so designed to have their base extend
to the ground so that no open area shall be established between the
ground and the base of the sign through which ground-mounted lighting
would be visible from the opposite side of the sign, thus resulting
in a potential glare problem.
(c)
Rotating, pulsing or oscillating light sources, lasers, beacons
or strobe lighting shall not be permitted as a lighting source for
signs.
(d)
Applications for sign lighting shall be accompanied by catalog
cuts of proposed fixtures and any glare reduction devices and a description
of lamps, mounting locations, aiming angles, brightness adjusting
controls and proposed method of automatically extinguishing the lighting
by the required time.
(3)
Internally illuminated signage.
(a)
The message/background arrangement for internally illuminated
signage shall utilize a dark field with a light message.
(b)
The intensity of the internal light source for the illuminated
sign shall be such that it shall not create off-site glare, light
trespass or a visibility hazard to drivers. Control of intensity can
be through reduction in wattage or shielding of the light bulbs.
(4)
Digital (LED) illuminated on-premises signage.
(a)
The underlying principle by which digital signs are considered
within Union Township is that the luminance level for digital signage
should be similar to what the luminance of an identical sign would
be if it was printed out and installed on a static sign face. In short,
new digital signs should not operate at a higher surface brightness
than would be expected from the static technology that they are replacing.
(b)
The message/background arrangement for digitally illuminated
signage shall utilize a dark field with a light message.
(c)
Digital signs may incorporate features to provide electronic
message displays provided it does not disrupt or distract the operator
of a motor vehicle.
(d)
Digital signs may incorporate a timed or electronic display
change, where the display of the sign may change to another sign within
a specified period of time. All such signs may be considered, provided
the message (except for time and weather information) does not change
more than three times per minute (minimum twenty-second dwell time),
and does not disrupt or distract the operator of a motor vehicle.
(e)
All digital signs shall be subject to surface luminance limits,
during both daytime and nighttime hours. The daytime luminance limit,
based on normal daytime brightness shall be a maximum of 3,000 nits
with board face in all-white mode. For nighttime hours (when permitted
to operate), a luminance limit of 250 nits with board face in all-white
mode is established. Nighttime shall be considered from 30 minutes
after sunset to 30 minutes before sunrise.
(f)
Digital signs should be designed so that should the digital
sign malfunction, the message will automatically freeze.
(g)
Digital signs shall also be required to provide for a light
sensing device that will adjust the brightness of the display as the
natural ambient light conditions change. This will adjust the light
output between sunny-day and night maximums to respond to overcast,
foggy or dusk conditions.
(h)
As part of the approval process for a newly installed digital
sign, the applicant or applicant's agent shall be responsible
for submitting to the Township Code Officer a certified post-installation
test report certifying daytime and nighttime sign face luminance values.
Township shall be given the opportunity to witness the test. Readings
shall be taken at a distance of 150 feet from the sign face with the
sign in all-white mode (no color images). The luminance meter shall
have been NIST calibrated within the past year. Final approval of
the sign permit shall be conditioned on compliance with luminance
values.
(i)
Should a written complaint be submitted to the Township, subsequent
to installation, about luminance issues of any digital sign, the owner
of the sign shall be responsible for submitting a test report certifying
actual luminance values. The results shall be submitted to the Township
within 15 days of receipt of notice from the Township. Any failure
to comply shall be cured within 30 days. Results indicating compliance
shall be retained on record by the Township and shall create a presumption
of compliance for a period of one year from the date of the measurement
certification.
The nighttime illumination of outdoor recreational facilities
for such aerial sports as baseball, basketball, soccer, tennis, track
and field, and football typically necessitate fixture mounting heights
and aiming angles that are higher then normally allowed, utilize lamps
of very high wattage and potentially produce unacceptable levels of
light trespass and glare when located near residential properties.
Permission to illuminate such facilities shall be granted only when
the Township is satisfied that the health, safety and welfare rights
of nearby property owners and the municipality as a whole have been
properly protected. When recreational uses are specifically permitted
by the Township for operation during hours of darkness, the following
requirements shall apply:
A.
Recreational venues that necessitate the horizontal or near horizontal
projection of illumination shall not be permitted to be artificially
illuminated.
B.
Recreational facilities for basketball, baseball, football, soccer,
miniature golf, tennis or track shall not be illuminated if located
within 300 feet of a property containing a residential use.
C.
Sporting events shall be timed to end at such time that all lighting
in the sports facility, other than lighting for safe exit of patrons,
shall be extinguished by 11:00 p.m., regardless of such occurrences
as extra innings or overtimes.
D.
Maximum mounting heights for recreational lighting shall be in accordance
with the following:
F.
To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required under § 124-11 below, but also by a visual impact plan that contains the following:
(1)
Plan views containing a layout of the recreational facility and showing
pole locations and the location of residences on adjoining properties.
(2)
Elevations containing pole and fixture mounting heights, horizontal
and vertical aiming angles and fixture arrays for each pole location.
(3)
Elevations containing initial vertical illuminance plots at the boundary
of the site, taken at a height of five feet line-of-sight.
(4)
Elevations containing initial vertical illuminance plots on the windowed
facades of all residences facing and adjacent to the recreational
facility. Such plots shall demonstrate compliance with the light trespass
and glare control requirements of this chapter.
(5)
Proposed frequency of use of the facility during hours of darkness
on a month-by-month basis and proposed time when the sports lighting
will be extinguished.
(6)
A narrative describing the measures proposed to achieve minimum off-site
disturbance.
A.
For subdivision and land development applications where outdoor site
lighting is proposed by the applicant or required by this chapter,
lighting plans shall be submitted to the Township for review and approval
with any preliminary or final subdivision/land development plan application.
Where public health, safety and welfare are at issue, the Township
may also require that lighting plans be submitted for building permit
applications, conditional use applications, special exception applications
and variance applications. Lighting plans shall include:
(1)
A site plan, complete with all structures, parking spaces, building
entrances, traffic areas (both vehicular and pedestrian), vegetation
that might interfere with lighting, and adjacent uses that might be
adversely impacted by the lighting, containing a layout of all proposed
fixtures by location, mounting height and type. The submission shall
include, in addition to area lighting, exterior architectural, building
entrance, landscape lighting, etc.
(2)
A ten-foot-by-ten-foot illuminance-grid (point-by-point) plot of
maintained footcandles overlaid on the site plan, plotted out to 0.0
footcandles, which demonstrates compliance with the light trespass,
intensity and uniformity requirements as set forth in this chapter
or as otherwise required by the Township.
(3)
The lamp lumen ratings and types, maintenance (light-loss) factors
and IES file names used in calculating the illuminance levels.
(4)
Description of the proposed equipment, including fixture catalog
cuts, photometries, glare reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details and mounting methods.
(5)
Landscaping plans shall contain lighting fixture locations and shall
demonstrate that the site lighting and landscaping have been coordinated
to minimize conflict between vegetation and intended light distribution,
both initially and at vegetation maturity.
B.
For applications presenting unique lighting issues, a visual impact
plan may be required of the applicant to demonstrate appropriate steps
have been taken to mitigate on-site and off-site glare.
C.
Plan notes: The following notes shall appear on the lighting plan:
(1)
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Township
for review and approval.
(2)
The Township reserves the right to conduct post-installation nighttime
inspections to verify compliance with the requirements of this chapter
and as otherwise agreed upon by the Township and, if appropriate,
to require remedial action at no expense to the Township.
(3)
All site lighting shall meet IESNA full-cutoff criteria.
A.
Safety hazards.
(1)
If the Township Code Enforcement Officer determines that a lighting
installation creates a safety or personal security hazard, the person(s)
responsible for the lighting shall be notified, in writing, and required
to take remedial action.
(2)
If appropriate corrective action has not been effected and if no
appeal of the determination has been filed with the Board of Supervisors
within 30 days of written notification, the violation shall be deemed
a strict liability offense, and the Township may commence legal action
as provided in this chapter.
B.
Nuisance glare and inadequate illumination levels.
(1)
When the Township Code Enforcement Officer determines an installation
produces unacceptable levels of nuisance glare, skyward light, excessive
or insufficient illumination levels or otherwise varies from this
chapter, the Township may cause written notification of the person(s)
responsible for the lighting and require appropriate remedial action.
(2)
If appropriate corrective action has not been effected and if no
appeal of the determination has been filed with the Union Township
Board of Supervisors within 30 days of written notification, the violation
shall be deemed a strict liability offense, and the Township may commence
legal action as provided in this chapter.
Any lighting fixture or lighting installation existing on the
effective date of this chapter that does not conform with the requirements
of this chapter shall be brought into conformance when:
A.
Minor corrective action, such as reaiming or shielding can bring
conformity with the applicable requirements of the chapter.
B.
It is deemed by the Township Code Enforcement Officer to create a
safety hazard or other health and welfare concerns.
C.
It is replaced with another fixture or fixtures, abandoned or relocated.
D.
There is a change in use.
A.
Any person who is found to have violated an order of the Township
or who willfully or negligently failed to comply with the provisions
of this chapter and the orders, rules, regulations and permits issued
hereunder shall be prosecuted by action brought before a District
Justice in the same manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. The Municipal
Solicitor or the Code Enforcement Officer may assume charge of prosecution
without the consent of the District Attorney as required by Pa. R.Crim.P.
No. 83 (relating to trial in summary cases). The Board shall prescribe
criminal fines not to exceed $1,000 for the violation of this chapter
and shall prescribe imprisonment to the extent allowed by law for
the punishment of summary offenses. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
B.
The Union Township Board of Supervisors may take any appropriate
action at law or in equity, civil or criminal, to enforce the provisions
of this chapter, and this chapter shall in no way restrict any remedies
or otherwise available and provided by law.
C.
In all actions instituted and successfully prosecuted by the Township,
it shall have a further right to reimbursement from the violator for
attorney's fees and costs related to the action.