[HISTORY: Adopted by the Board of Supervisors of East Hanover
Township 6-29-2015 by Ord. No.
2015-03. Amendments noted where applicable.]
This chapter shall be known as, and may be cited as the "East
Hanover Township Outdoor Lighting Ordinance."
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 intended character of the various portions
of the Township.
A.
The provisions of this chapter apply to 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.
B.
The Township may, in its sole discretion, require lighting to be
incorporated for other uses, applications and locations or may restrict
lighting in any of the above uses, as deemed necessary.
C.
The glare-control requirements herein contained apply to lighting
in all uses, applications and locations.
D.
Temporary seasonal decorative lighting is exempt from the requirements
of this chapter, except when it creates a hazard or nuisance.
E.
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 chapter.
F.
Rotating, traveling, pulsing, flashing or oscillating light sources,
lasers, beacons, searchlights or strobe lighting shall not be permitted.
As used in this chapter, the following terms shall have the
meanings indicated:
A unit of luminous intensity. A common candle emits light
with a luminous intensity of roughly one candela.
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 luminaire and no more than 10% of its lamp's intensity
is emitted between 80° and that horizontal plane.
 |
The unit of measure expressing the quantity of light received
on a surface. One footcandle is the illuminance produced by a candle
on a surface one foot square from a distance of one foot.
A term used by the lighting industry to describe a luminaire
from which no light is emitted at or above a horizontal plane drawn
through the lowest light-emitting portion of the luminaire and no
more than 10% of the lamp's light intensity is emitted at or above
an angle 10° below that horizontal plane, at all lateral angles
around the luminaire. Implicit in the definition is a fixture that
is aimed straight down and has a flat lens. A full-cutoff luminaire,
by definition, also is "fully shielded."
Attribute of a luminaire from which no light is emitted at
or above a horizontal plane drawn through the lowest light-emitting
portion of the luminaire.
The brightness of a light source that causes annoyance, discomfort,
or loss in visual performance and visibility to the eye.
DISABLING GLAREGlare that:
NUISANCE GLAREGlare that:
The quantity of incident light measured in footcandles.
Light emitting diode.
Light emitted by a luminaire or lighting installation, which
is cast beyond the boundaries of the property on which the lighting
installation is sited.
The light-output rating of a lamp (light bulb), as used in
the context of this chapter. One lumen equals one footcandle falling
onto one square foot of area.
A lighting fixture complete with the light source or lamp,
the reflector for directing the light, an aperture (with or without
a lens), the outer shell or housing for lamp alignment and protection,
an electrical ballast, if required, and connection to a power source.
A unit of illuminance stated in lumens per square meter.
One lux is a unit of incident illuminance approximately equal to 1/10
footcandle.
A unit of measurement of luminance, or the intensity of visible
light, where one nit is equal to one candela per square meter. Nits
are used to describe the brightness of video displays, such as LCD
and CRT monitors.
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.
A.
Illumination levels. Lighting, where required by this chapter, or
otherwise required or allowed by the Township or other applicable
jurisdiction, shall have intensities and uniformity ratios in accordance
with, but not limited, to the following:
|
Illumination Levels
| |||
|---|---|---|---|
|
Use/Task
|
Illumination*
|
Uniformity Ratio** (Avg/Min)
| |
|
Pedestrian walkways
|
0.2–0.4 avg
|
5:1
| |
|
Sidewalks, commercial/industrial
|
0.4–1.0 avg
|
5:1
| |
|
Local commercial/industrial streets, intersections of streets-parking
areas
|
0.4–1.0 avg
|
6:1
| |
|
Local residential streets, intersection of streets, parking
areas
|
0.4-0.6 avg
|
4:1
| |
|
Parking: multifamily
|
0.6 min–0.8 max
|
4:1
| |
|
Parking: commercial/industrial
| |||
|
•
|
High activity, e.g., regional shopping centers/fast food facilities
|
0.9 min–1.8 max
|
4:1
|
|
•
|
Medium activity, e.g., community shopping centers, office parks,
hospitals, commuter lots
|
0.6 min–1.2 max
|
4:1
|
|
•
|
Low activity, e.g., neighborhood shopping, industrial employee
parking
|
0.2 min–0.4 max
|
4:1
|
|
Building entrances: commercial, industrial, institutional
|
5.0 avg
|
—
| |
|
Service station pump islands
|
20.0 avg
|
4:1
| |
|
Car dealerships
|
20.0 max
|
5:1
| |
|
Illuminated signs
|
0.6–1.0 avg
|
6:1
| |
|
Recreational uses/parks
|
0.6–0.8 avg
|
4:1
| |
|
*
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
|
|
**
|
Uniformity ratios dictate that average illumination 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 footcandles shall not be in excess of 3.6 [0.9
x 4]).
|
|
Abbreviations: avg - average; min - minimum; max - maximum
| |
B.
Lighting fixture design.
(1)
Luminaires shall be of a type and design appropriate to the lighting
application and aesthetically acceptable to the Township.
(2)
Luminaires shall be shielded and shall be installed and aimed so
as to not project their output into the windows of neighboring residences,
adjacent uses, past the object being illuminated, skyward or onto
a public roadway. Luminaires with an aggregate rated lamp output not
exceeding 500 lumens, e.g., the rated output of a standard nondirectional
40-watt incandescent or 10-watt compact fluorescent lamp, are exempt
from the requirements of this subsection. In the case of decorative
streetlighting, the Township may approve the use of luminaires that
are fully shielded or comply with Illuminating Engineering Society
of North America (IESNA) cutoff criteria rather than full cutoff.
C.
Control of nuisance and disabling glare.
(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 neighboring
use or property.
(2)
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 onto the properties
of neighboring residences, adjacent uses, past the object being illuminated,
skyward or onto a public roadway or pedestrian way. 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.
(3)
Illumination for nonresidential building facades and/or surrounding
landscapes for decorative or aesthetic purposes is prohibited between
11:00 p.m. and dawn, except that such lighting situated on the premises
for a commercial, industrial, public recreational or institutional
establishment may remain illuminated while the establishment is actually
open for business, and until no more than one hour after closing.
Such lighting shall be automatically extinguished.
(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 accomplished by reducing the amount
or intensity of lighting by 75% from then until the start of business
in the morning. When it can be demonstrated to the satisfaction of
the Township that an elevated security risk exists, e.g., a history
of relevant crime, a lesser reduction may be permitted.
(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 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.
(7)
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.
(8)
Under-canopy lighting for such applications as, but not limited to,
gas/service stations, hotel/theater marquees, fast-food/bank/drugstore
drive-ups, shall be accomplished using flat-lens full-cutoff luminaires
aimed straight down and shielded in such a manner that the lowest
opaque edge of the luminaire shall be below the light source and its
light-directing surfaces, at all lateral angles around the luminaire.
D.
Additional requirements for recreational uses. The nighttime illumination
of outdoor recreational facilities for such aerial sports as baseball,
basketball, soccer, tennis, track and field, and football typically
necessitate higher than normally allowed luminaire mounting heights
and aiming angles, utilize very high-wattage lamps 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 Township
as a whole have been properly protected.
E.
Lighting requirements for signs and billboards.
(1)
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.
(2)
Externally illuminated billboards and signs shall have luminaires
mounted at the top of the billboard or sign and aimed downward. The
luminaires shall be designed, fitted and aimed to shield the lamp
and its reflective surfaces from direct off-site view and to place
the light output onto and not beyond the sign or billboard.
(3)
At no point on the face of the sign or billboard and at no time shall
the illumination exceed 30 vertical footcandles during hours of darkness.
(4)
The illumination of billboards whose illuminated surface is visible
from a residential zoning district or residential use within 400 feet
of it shall not be permitted.
(5)
Internally illuminated signs shall have a dark field and light message.
The aggregate output of the light sources shall not exceed 500 initial
lamp lumens per square foot of sign face per side.
(6)
The level of illumination from a billboard or sign projected onto
an adjacent residential property shall not exceed 0.1 initial vertical
footcandle, measured line-of-sight at any point on the receiving property.
The level of illumination shall not exceed 1.0 initial vertical footcandle
when measured within an adjacent nonresidential property or public
vehicle traffic area.
(7)
LED billboard and sign lighting, shall not be located within 1,000
feet of an approaching interchange or traffic-merging lanes on a limited-access
roadway. The illumination and/or intensity of the display shall be
controlled so as to not create glare, hazards or nuisances. Such signs
shall have a maximum nits level of 7,000 nits; provided the brightness
of the digital and/or electronic sign shall not exceed 0.3 footcandle
of light above the normal ambient light levels. Such sign shall be
equipped with automatic dimming technology which automatically adjusts
the brightness of the sign based on ambient light conditions. Such
sign shall be dimmed to 500 nits between sunset and sunrise. 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.
(a)
The sign luminance specification shall be determined by a footcandle
metering device held at a height of five feet and aimed towards the
sign, from a distance of 175 feet.
(b)
The metering device should be at a location perpendicular to
the sign center (as seen in plain view), as this angle has the highest
luminance.
(c)
This check shall include the measurement of an all-white image
displayed by the sign to evaluate the worst-case condition.
(d)
If the difference in illuminance between the sign "on" and the
sign "off" conditions is 0.3 footcandle or less, then the sign luminance
is in compliance.
(8)
The use of highly reflective signage that creates nuisance glare
or a safety hazard shall not be permitted.
(9)
The lighting of new or relighting of existing billboards and signs,
whether from an internal or external lighting source, shall require
a building permit, which shall be granted when the Township is satisfied
that excessive illumination, light pollution, glare and light trespass
have been adequately mitigated.
F.
Installation. The installation of all lighting fixtures and signs
shall conform to the requirements of the Uniform Construction Code
(UCC), as may be amended from time to time.
G.
Post-installation inspection. The Township reserves the right to
conduct post-installation nighttime inspections to verify compliance
with the requirements of this chapter and approved plans, and if appropriate,
to require remedial action at no expense to the Township.
H.
Maintenance. Luminaires and ancillary equipment shall be maintained
so as to always meet the requirements of this chapter.
A.
Where site lighting is required as part of subdivision and land development,
conditional use, special exception, variance, and/or zoning/building
permit applications; is required by this or any other governing Ordinance;
is otherwise required by the Township or is proposed by an applicant,
lighting plans shall be submitted for Township review and approval.
The submitted information shall include the following:
(1)
A plan or plans of the site, complete with all structures, parking
spaces, building entrances, traffic areas (both vehicular and pedestrian),
existing and proposed trees, and adjacent uses that might be adversely
impacted by the lighting. The lighting plan shall contain a layout
of all proposed and existing luminaires, including but not limited
to area, architectural, building entrance, canopy, soffit, landscape,
flag, sign, etc., by location, orientation, aiming direction, mounting
height, lamp, photometry and type.
(2)
A 10 feet by 10 feet illuminance grid (point-by-point) plot of maintained
horizontal footcandles overlaid on the site plan, plotted out to 0.0
footcandles, which demonstrates compliance with the light trespass,
illuminance and uniformity requirements as set forth in this chapter
or as otherwise required by the Township. When the scale of the plan,
as judged by the Township, makes a 10 feet by 10 feet grid plot illegible,
a more legible grid spacing may be permitted.
(3)
Light-loss factors, IESNA candela test-filename, initial lamp-lumen
ratings and specific lamp manufacturer's lamp ordering nomenclature,
used in calculating the plotted illuminance levels.
(4)
Description of the proposed equipment, including luminaire catalog
cuts, photometrics, glare reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details, pole protection
means 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.
When requested by the Township, the applicant shall also submit a
visual-impact plan that demonstrates appropriate steps have been taken
to mitigate potential consequences of on-site and off-site glare and
to retain the intended character of the Township. This plan may require
the inclusion of initial vertical footcandle values at specific off-site
venues, e.g., bedroom windows of adjacent residential uses.
C.
Plan notes. The following notes shall appear on the lighting plan:
(1)
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.
(2)
The Township reserves the right to conduct post-installation nighttime
inspections to verify compliance with the requirements of this chapter
and approved lighting plan commitments, and if appropriate, to require
remedial action at no expense to the Township.
(3)
Installer shall notify the Township to arrange for inspection and
approval of all exterior lighting equipment, including building-mounted
lighting, prior to its installation.
(4)
All exterior lighting, including building-mounted lighting, shall
meet IESNA full-cutoff or fully shielded criteria unless otherwise
specifically approved by the Township.
A.
Safety hazards.
(1)
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.
B.
Nuisance glare and inadequate illumination levels.
(1)
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
chapter, Township may cause written notification of the person(s)
responsible for the lighting and require appropriate remedial action.
Any lighting fixture or lighting installation legally installed
and operative on the effective date of this chapter 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 re-aiming 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 chapter when:
A.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $500, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. No judgment shall commence or be imposed, levied or payable
until the date of the determination of the violation by the Magisterial
District Judge. 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.
B.
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 chapter.
In addition to any other remedies provided in this chapter, any violation of § 125-5C 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.
This chapter shall become effective five days after its enactment
by the Board of Supervisors of the East Hanover Township.
