[Ord. 12-10-12(B), 12/10/2012, § 101]
An ordinance establishing regulations, specifications and restrictions
for the use and/or installation of outdoor lighting in the Township.
[Ord. 12-10-12(B), 12/10/2012, § 102]
This Part shall be known as, and may be cited as the "Outdoor
Lighting Ordinance."
[Ord. 12-10-12(B), 12/10/2012, § 103]
1.
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 non-vehicular
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 intended character of the various portions
of the Township.
[Ord. 12-10-12(B), 12/10/2012, § 104]
1.
All uses within the Township where there is interior or exterior
lighting that creates a nuisance or hazard as viewed from outside,
or exterior lighting that creates a nuisance when viewed from inside
including, but not limited to, residential, commercial, industrial,
public and private recreational/sports and institutional uses, and
sign, billboard, architectural and landscape lighting.
3.
The Township may, in its sole discretion, require lighting to be
incorporated for other uses or locations or may restrict lighting
in any of the above uses, as deemed necessary.
4.
The glare-control requirements herein contained apply to lighting
in all uses, applications and locations.
5.
Temporary seasonal decorative lighting is exempt from all but the
glare-control requirements of this Part.
6.
Emergency lighting, as may be required by any public agency while
engaged in the performance of their duties, or for illumination of
the path of egress during an emergency as described in NFPA 75 and
NFPA 101, are exempt from the requirements of this Part.
[Ord. 12-10-12(B), 12/10/2012, § 105]
A lighting fixture from which no more than 2.5% of its lamp's
intensity is emitted at or above a horizontal plane drawn through
the bottom of the fixture and no more than 10% of its lamp's
intensity is emitted between 80° and that horizontal plane.
A unit of incident light stated in lumens per square foot
and measurable with an illuminance meter, aka footcandle or light
meter.
A lighting fixture from which none of its lamp's intensity
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 between 80° and that horizontal plane.
A lighting fixture, from which, in the installed position,
none of its light output, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the fixture (excepting only incidental reflections from supporting
brackets or arms), is projected above a horizontal plane through the
fixture's lowest light-emitting part, as determined by photometric
test or certified by the manufacturer. Any structural part of the
fixture providing this shielding shall be permanently affixed.
The sensation produced by lighting that causes an annoyance,
discomfort or loss in visual performance and visibility to the eye.
The quantity of incident light measured in footcandles.
Light emitted by a lighting installation, which extends beyond
the boundaries of the property on which the installation is sited.
The light-output rating of a lamp (light bulb), as used in
the context of this Part.
A complete lighting unit.
The description of a luminaire from which no direct glare
is visible at normal viewing angles, by virtue of its being properly
aimed, oriented, and located and properly fitted with such devices
as shields, barn doors, baffles, louvers, skirts or visors.
[Ord. 12-10-12(B), 12/10/2012, § 106]
1.
Illumination Levels.
A.
Lighting, where required by this Part 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 IESNA
Lighting Handbook and relevant recommended practices or as otherwise
specified herein.
B.
Future amendments to said Lighting Handbook and recommended practices
shall become a part of this Part without further action by the Township.
2.
Lighting Fixture Design.
A.
Luminaires shall be of a type and design appropriate to the lighting
application and aesthetically acceptable to the Township.
B.
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, luminaires shall be aimed straight down and shall
be full cutoff or fully shielded, unless the aggregate wattage per-luminaire
does not exceed the output of a standard non-directional 40-watt incandescent
lamp, i.e., 500 lumens, in which case non-cutoff fixtures shall be
permitted.
(1)
For the lighting of non-horizontal surfaces such as, but not
limited to, facades, landscaping, signs, fountains, displays, flags
and statuary, the use of lighting fixtures that are not full cutoff
or fully shielded, shall be permitted only with the approval of the
Board of Supervisors, based upon acceptable shielding and other glare
control (approval shall not be required if the aggregate wattage per
fixture does not exceed the output of a standard non-directional 40-watt
incandescent lamp, i.e., 500 lumens).
(2)
"Barn lights," aka "dusk-to-dawn lights," shall not be permitted
where they are visible during hours of darkness from a residential
use, unless fitted with a reflector or other shielding device to block
direct viewing of the light source from the adjacent use.
3.
Control of Nuisance and Disabling Glare (Excessive Brightness in
the Field of View).
A.
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 neighboring
use or property.
B.
Floodlights and spotlights that are not full-cutoff or fully shielded,
where 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. Floodlights installed above grade
on residential properties, except when motion-sensor actuated, shall
not be aimed out more than 45° from straight down. When a floodlight
creates glare as viewed from an adjacent residential property, the
floodlight shall be required to be re-aimed and/or fitted with a shielding
device to block the view of the glare source from that property.
E.
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.
F.
The level of illumination projected onto a residential use from another
property shall not exceed 0.1 initial vertical footcandle, measured
line-of sight at any point on the receiving property. The level of
illumination projected onto a nonresidential use shall not exceed
1.0 initial vertical footcandle measured line of sight at the property
line.
G.
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, shall be extinguished
between the hours of 11:00 p.m. and dawn and shall not be in conflict
with the Township's aim to maintain its intended character.
H.
Only the United States and the state flag shall be permitted to be
illuminated from dusk till dawn and each flag shall be illuminated
by a source or sources with a beam spread no greater than necessary
to illuminate the flag. Flag lighting sources shall not exceed 7,000
lumens per flagpole.
I.
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 FAA.
J.
Canopy lighting, for such applications as gas/service stations, bank,
drugstore and fast-food drive-through, 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. The average maintained illumination
in the area directly below the canopy shall not exceed 20 initial
footcandles, with no value exceeding 30 initial footcandles.
K.
Temporary residential holiday lighting is exempt from the requirements
of this section except as it creates a hazard or nuisance.
4.
Agricultural Use Criteria.
A.
For agricultural uses, the following criteria shall apply:
(1)
No lighting shall be permitted that shines directly onto an
adjacent residential use.
(2)
No lighting shall be permitted that creates a hazard by shining
onto a public right-of-way.
(3)
Floodlights and other directional luminaires whose lamp and/or
reflective surfaces are visible from an adjacent residential use shall
be extinguished by no later than 11:00 p.m. or controlled by a motion
sensor.
5.
Recreational Uses.
A.
When facilities for such outdoor recreational activities as baseball, tennis, football, miniature golf or any other recreational use permitted under the Township's Zoning Ordinance [Chapter 27], are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply.
(1)
Lighting shall be accomplished only through the use of luminaires
conforming to IESNA full-cutoff criteria, or as otherwise approved
by the Township based on suitable control of glare and light trespass.
(2)
For new recreational facilities and for recreational facilities
wishing to change their hours of operation during hours of darkness,
sporting events shall be timed so 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.
(3)
Trap shooting facilities, golf driving ranges and race tracks
shall not be illuminated unless it can be demonstrated that such lighting
will not create a nuisance, shine on or into any nearby residential
properties or be visible to traffic on any nearby streets, roadways,
or institutional or commercial parking lots. In any case, if lighting
is permitted at these facilities, it shall not be accomplished by
using any horizontally aimed fixtures or floodlights nor shall these
fixtures be aimed at an angle greater than 45° from vertical.
(4)
The outdoor recreational activities listed below shall not be
illuminated if located within any residential district or sited on
a nonresidential property located within 1,200 feet of a residential
use.
(5)
Maximum mounting heights for recreational lighting shall be
in accordance with the following:
6.
Street and Parking Lot Lighting for Residential Applications.
A.
For residential developments where lot sizes are or average less
than 20,000 square feet, streetlighting shall be provided as follows:
(1)
At the intersection of public roads with entrance roads to the
development.
(2)
At the intersection of roads within the development.
(3)
At cul-de-sac bulb radii.
(4)
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.
(5)
At defined pedestrian crossings located within the development.
(6)
At other locations along the street as deemed necessary by the
Board of Supervisors but in no case shall lighting fixtures be spaced
more than 500 feet apart.
(7)
Where lot sizes permit the parking of less than two vehicles
on the lot, thereby necessitating on-street parking, streetlighting
shall be provided along the length of the street.
(8)
In multifamily developments, common parking areas shall be illuminated.
B.
In residential developments with lots of less than 20,000 square
feet, where six or more contiguous parking spaces are proposed, such
spaces shall be illuminated.
7.
Signs and Billboards.
A.
For the lighting of billboards and externally illuminated signs,
fixtures shall be designed, fitted and aimed to limit the light pattern
to the sign or billboard, so as not to project their output into the
windows of neighboring residences, adjacent uses, past the face of
the billboard or sign, skyward or onto a public roadway.
B.
Billboards and externally illuminated signs shall be lighted by fixtures
mounted at the top of the billboard or sign and aimed downward.
C.
Billboards and signs, whether on or off premises, shall be automatically
extinguished by 11:00 p.m. except that signs for businesses that remain
open past 11:00 p.m. shall be allowed to be automatically extinguished
no more than one hour past the close of business.
D.
The maximum initial illumination on the face of an externally illuminated
billboard or sign shall not exceed 30 vertical footcandles and shall
have a maximum to minimum uniformity ratio not to exceed 6:1.
E.
The illumination of billboards shall be limited to commercial and
industrial zoning districts.
F.
The illumination of billboards within 400 feet of a residential zone
or use shall not be permitted.
G.
Rotating, flashing, pulsing, "marching" or oscillating light sources,
lasers, beacons or strobe lighting shall not be permitted.
H.
LED billboard and sign lighting shall only be permitted in commercial
and industrial districts, shall be static, shall not be allowed to
operate between 11:00 p.m. and dawn when located where visible from
a residential district or use, and shall not be located within 1,000
feet of an approaching interchange or traffic-merging lanes on a limited-access
roadway. Except for time and weather signs, the digital message shall
not be permitted to change more than once each half hour. During hours
of darkness, the LED output shall be automatically reduced to a level
that does not create glare. The sign or billboard nighttime brightness
shall be capable of being further dimmed if the Township requires
a reduction in brightness when the lighting is judged to create a
nuisance or hazard.
I.
The use of highly reflective signage that creates nuisance glare
or a safety hazard shall not be permitted.
J.
The lighting or relighting of signs or billboards shall require a
building permit, which shall be granted only when the Township is
satisfied that excessive illumination, light pollution, glare and
light trespass have been mitigated to the extent possible.
K.
Applications for the lighting or relighting of signs and billboards
shall be accompanied by a point-by point plot of initial vertical
illuminance on the sign or billboard face, catalog cuts of proposed
fixtures and any glare reduction devices and a description of lamps,
mounting locations, aiming angles and proposed hours of operation
and method for automatically extinguishing the lighting by the required
hour.
8.
Installation.
A.
Electrical feeds for pole-mounted fixtures shall be run underground,
not overhead.
B.
Poles supporting luminaires for the illumination of parking areas
and located within the parking area or directly behind parking spaces,
or where they could be hit by snow plows or wide-swinging vehicles,
shall be suitably protected by being placed a minimum of five feet
outside paved area or tire stops, or placed on concrete pedestals
at least 30 inches high above the pavement or suitably shielded by
steel bollards or suitably protected by other Township-approved means.
C.
Pole-mounted fixtures shall be aimed straight down.
D.
Mounting Heights. The following maximum fixture mounting heights
shall prevail:
(1)
Except as permitted for certain recreational lighting and permitted
elsewhere in this paragraph, luminaires shall not be mounted in excess
of 20 feet above finished grade of the surface being illuminated.
Luminaires not meeting full-cutoff criteria, when their use is specifically
allowed by the Township, shall not be mounted in excess of 16 feet
AFG. Mounting height shall be defined as the distance from the finished
grade of the surface being illuminated to the optical center of the
luminaire. Where proposed parking lots consist of 100 or more contiguous
spaces, the Township may, at its sole discretion, based partially
on mitigation of potential off-site impacts, allow a luminaire mounting
height not to exceed 25 feet AFG.
(2)
Mounting heights of 25 feet shall not be permitted when located
less than 100 feet from a residential district or use.
E.
Pole foundations shall be designed by a structural or civil engineer
taking into account luminaire projected areas, wind loading and local
soil conditions.
[Ord. 12-10-12(B), 12/10/2012, § 107]
1.
For subdivision and land-development applications where site lighting
is required by this Part or otherwise the Township, or proposed, lighting
plans shall be submitted to the Township for review and approval with
any preliminary or final subdivision/land development plan application
and with any conditional use application. The Township may also require
that lighting plans be submitted for building permit applications,
special exception applications and zoning hearings. Lighting plans
shall include:
A.
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.
B.
A point-by-point illuminance-grid plot on ten-foot by ten-foot centers
(or as necessary for suitable legibility) of footcandles overlaid
on the site plan, plotted out to 0.0 maintained footcandles, which
demonstrate compliance with the light trespass, illuminance and uniformity
requirements as set forth in this Part or as otherwise required by
the Township.
C.
The lamp lumen ratings and types, color temperature, maintenance
(light-loss) factors and IES file names used in calculating the illuminance
levels.
D.
Description of the proposed equipment, including fixture catalog
cuts, photometrics, glare reduction devices, lamps, on/off control
devices, mounting heights, pole wind-loading conformance, foundation
pole details and mounting methods.
E.
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.
2.
When requested by the Township, applicant shall also submit a visual-impact
plan that demonstrates appropriate steps have been taken to mitigate
on-site and off-site glare and to retain the intended character of
the area.
3.
Plan Notes. The following notes shall appear on the lighting plan:
A.
Post-approval alterations to lighting plans or intended substitutions
for specified lighting equipment on the approved plan shall be submitted
to the Township for review and approval prior to installation. Requests
for substitutions shall be accompanied by catalog cuts of the proposed
equipment that demonstrate the proposed substitution is equal to or
exceeds the optical quality and maintainability of the specified luminaires;
and accompanied by a lighting plan, including a point-by-point plot,
which demonstrates that proposed substitutions will result in a lighting
design that equals or exceeds the quality of the lighting on the approved
plan.
B.
The Township reserves the right to conduct post-installation nighttime
inspections to verify compliance with the requirements of this Part
and as otherwise agreed upon by the Township, and if appropriate,
to require remedial action at no expense to the Township.
C.
Installer shall notify Zoning Officer to arrange for inspection and
approval of all exterior lighting equipment, including building-mounted
lighting, prior to its installation.
D.
All exterior lighting, including building-mounted lighting, shall
meet IESNA full-cutoff or fully-shielded criteria unless otherwise
specifically approved by the Township.
[Ord. 12-10-12(B), 12/10/2012, § 108]
1.
Safety Hazards.
A.
If appropriate officers or agents of the Township judge a lighting
installation, including lighting poles, 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.
Nuisance Glare and Inadequate Illumination Levels.
A.
When appropriate officers or agents of the Township judge an installation
produces unacceptable levels of nuisance glare, skyward light, excessive
or insufficient illumination levels or otherwise varies from this
Part, Township may cause written notification of the person(s) responsible
for the lighting and require appropriate remedial action.
[Ord. 12-10-12(B), 12/10/2012, § 109]
1.
Any lighting fixture or lighting installation legally installed and
operative before the date of adoption of this Part shall be considered
as a lawful nonconformance subject to the following:
A.
Nonconforming lighting shall not be changed to any other nonconforming
lighting, structurally altered, altered in any way that increases
its degree of nonconformance, or expanded or extended in scope.
B.
Unless minor corrective action, such as reaiming or shielding, is
deemed by the Township to be an acceptable alternative, a nonconforming
lighting fixture or lighting installation shall be made to conform
with the applicable requirements of this Part when:
C.
Regardless of the requirements of paragraph .A above, nonconforming
lighting fixtures and lighting installations shall be made to conform
with the requirements of this Part or removed within three years from
the effective date of this Part.
[Ord. 12-10-12(B), 12/10/2012, § 110]
1.
Any person who violates or permits a violation of this Part shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by the Township before a district justice, pay a fine of
not more than $500, plus all court costs including reasonable attorney's
fees, incurred by the Township in the enforcement of this Part. No
judgment shall commence or be imposed, levied or payable until the
date of the determination of the violation by the district justice.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense.
2.
The appropriate officers or agents of the Township are hereby authorized
to seek legal and/or equitable relief, including injunction, to enforce
compliance with this Part.
[Ord. 12-10-12(B), 12/10/2012, § 111]
In addition to any other remedies provided in this Part, any violation of § 10-406 hereof, control of nuisance and disabling glare, shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
