Township of Kidder, PA Performance Standards

With the exception of residential uses, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards in this Part 2 and applicable to such use, and affirming his agreement to conduct or operate such use at all times in conformance with such standards.

The Right to Know Law protects certain information submitted in connection with a zoning permit from public disclosure by the Township. Section 708(3) of the Right to Know Law, 65 P.S. § 67.708(3), exempts, "A record, the disclosure of which creates a reasonable likelihood of endangering the safety or the physical security of a building, public utility, resource, infrastructure, facility or information storage system, which may include . . . (iii) building plans or infrastructure records that expose or create vulnerability through disclosure of the location, configuration or security of critical systems, including public utility systems, structural elements, technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems." Additionally, § 708(11) of the Right to Know Law, 65 P.S. § 67.708(11), exempts, "A record that constitutes or reveals a trade secret or confidential proprietary information." An applicant for a zoning permit may designate application material submitted to the Township meeting the exemption criteria of the Right to Know Law as confidential. Such confidential information shall thereafter be protected from public disclosure by the Township to the extent permitted by law.

Regardless of whether or not a use is required to comply with the procedure specified in this § 180-59B, every use shall comply with all performance standards.

§ 180-60 Setbacks and buffers.

Unless otherwise regulated by this chapter, where a nonresidential use is proposed contiguous to any existing residential dwelling and where a C or BD/LI District adjoins any RR, R-1, R-2, R-3 or OS District, the minimum size of the abutting setback shall be increased by 50% and a landscaped buffer not less than 15 feet in width shall be provided in accord with this § 180-60. Storage of equipment, supplies, products or any other materials shall not be permitted in any front setback or side setback. In the case of conditional uses and special exceptions, landscaped buffers may be required by the Township in any setback in order to assure the protection of adjoining uses by providing visual barriers that block the glare of lights; reduce noise; serve as a protective barrier by blocking physical passage to dangerous areas; and reduce air pollution, dust and litter; and to otherwise maintain and protect the rural character of the district.

In determining the type and extent of the buffer required, the Township shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.

The width of the required buffer, as determined by the Township, shall not be less than 15 feet.

A mix of ground cover and shrubbery vegetation and canopy trees, of such variety compatible with the local climate, may be required so that a dense screen not less than six feet in height will be formed within three years of planting. Plants shall be species identified by Chapter 153 (Subdivision and Land Development).

Berms and landscaped walls or fences, compatible with the principal building design, may be incorporated in the required buffer. Front yard buffers shall be provided in the same manner to a height of not less than four feet; however, all clear sight triangles shall be maintained.

In any case, special consideration shall be given to existing residential uses and sites where residential uses are likely to be developed. In cases where the adjoining use is a commercial use, or when two or more adjacent properties are developed under a common site plan, the width and density of the buffer may be reduced if the Township shall determine that the proposed use and adjoining use(s) are not incompatible.

Design details of buffers shall be included on the site plan, and buffers shall be considered "improvements" for the purposes of guaranteeing installation in accord with the requirements for "land developments" in Chapter 153 (Subdivision and Land Development). It shall be the responsibility of the property owner to maintain all buffers in good condition and replace any dying or dead plants or deteriorating landscape material.

§ 180-61 Landscaping.

A landscaping plan for the proposed project shall be submitted by the developer for review and approval by the Township. Where the project involves landscaping of more than 0.5 acre, the plan shall be prepared by a qualified registered landscape architect. Landscaping for land developments shall comply with the requirements of Chapter 153 (Subdivision and Land Development). The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be utilized, and details of installation. Landscaping shall be installed to the following minimum standards.

All disturbed areas of the site shall be included in the landscaping plan, and those areas immediately adjacent to buildings and walkways shall be given extra consideration.

Adequate pedestrian walkways shall be provided for access from parking areas and to common use areas and shall be an integral part of the landscaping; and shall be consistent with the architectural type of the project and shall be a minimum of four feet in width.

Plants shall be species identified by Chapter 153 (Subdivision and Land Development).

Where landscaping is required to serve as a buffer (e.g., between the project and adjoining properties or between buildings and parking areas), the plants used shall be of the evergreen type and of adequate size to provide an effective buffer within five years of project approval or in accord with the time frame as may be established as a condition of approval for conditional uses, special exceptions or variances.

The variety of landscape materials shall be consistent with building architecture and the surrounding area and plant type shall be appropriate for the size and location of the space it is to occupy.

All areas in and around parking areas shall be landscaped.

Attractive natural features of the site, including mature trees, shall be preserved to the greatest extent possible.

Artificial landscape materials shall not be used in place of live trees, shrubs and vegetative ground cover.

All trees to be planted shall have a trunk diameter of at least one inch as measured one foot above the ground.

Ground cover shall be spaced to allow for complete fill-in within one year of the date of planting.

Adequate soil preparation in accord with accepted landscape industry practices shall be required.

All landscaping shall be maintained in good growing condition by the property owner and free of weeds, debris and brush.

§ 180-62 Operations and storage.

All facilities and operations of any principal use (with the exception of nurseries, agriculture and the display for sales purposes of new or used cars, motorcycles, trucks, trailers, vehicles, or farm equipment, in operative condition or other similar uses) including the storage of raw material, finished products, fuel, machinery and equipment and any other materials or supplies shall be enclosed and conducted within a building except as follows:

Sales area. One outdoor sales area meeting the required setbacks for the district shall be permitted not to exceed the lesser of 10% of the interior retail sales space or 500 square feet.

Conditional use/special exception.

Outdoor storage for other uses may be approved as a conditional use for a use listed as conditional use by the Schedule of Uses and as a special exception for a use listed as a special exception.

In the case of a use listed as a principal permitted use by the Schedule of Uses, outdoor storage shall be considered a conditional use.

A-WEIGHTED NOISE LEVEL (dBA)

Larger setbacks and/or buffers to afford protection to adjoining uses and any public road rights-of-way may be required.

Minimum setback. Unenclosed uses and activities shall, in any case, be a minimum of 100 feet from any existing residential structure or any R Residential district, unless a greater setback is required by the Township.

Storage in setback and parking areas. Storage of equipment, supplies, products or any other materials shall not be permitted in any required setback or parking areas.

Vehicles, trailers, containers. Storage of materials, supplies or products in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. In the C and BD/LI District, trailers, painted one color without advertising and maintained in good condition, may be used as accessory structures provided all wheels and axles are removed, the trailers are erected and maintained as structures, and are screened from view from adjoining properties in accord with § 180-60. Trailers, painted one color without advertising and maintained in good condition, shall be permitted for storage for a temporary period on the site of an on-going construction project. The placement of said trailers shall be for a specified time as stated in the required permit from the Township, shall meet the setback requirements of this chapter and shall not be used for the storage of any flammable or hazardous material except in accord with applicable state and federal regulations.

§ 180-63 Fire and explosion hazards.

All activities involving any manufacturing, production, storage transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the local fire company(s). In the case of conditional uses and special exceptions, larger setbacks, additional buffer areas or fencing may be required by the Township if the nature of the proposed use as determined by the Township so requires.

§ 180-64 Radioactivity or electric disturbance.

No activities shall be permitted which emit dangerous radioactivity, electrical disturbance or electromagnetic radiation adversely affecting the operation of any person or any equipment other than that of the creator of such disturbance. All applicable federal regulations shall apply.

§ 180-65 Noise.

Definitions. As used in this section, the following terms shall have the meanings indicated:

A measure of sound pressure in decibels with the sound pressure scale adjusted to conform with the frequency response of the human ear. A sound level meter that measures A-weighted decibels, designated as dBA, has an electrical circuit that allows the meter to have the same sensitivity to sound at different frequencies as the average human ear (2007, Australian Academy of Science).

AMBIENT NOISE LEVEL

The average A-weighted noise level (Leq) at any specified point which is representative of the noise level of that environment over an extended period of time. It is a composite of all sounds from sources, both near and far.

EQUIVALENT NOISE LEVEL (Leq)

The dBA level of a steady state sound which has the same dBA weighted sound energy as that contained in the actual time-varying sound being measured over a specific time period (2003, Eilar Associates, Encinitas, CA).

NOISE SOURCE

A single piece of equipment, or a collection of equipment under the control and operation of a single entity (e.g., a wind farm), that produces noise as a consequence of its operation. A collection of equipment may not necessarily be connected or related, if they may be operated simultaneously.

SUSPECT SOURCE

A noise source that may be in violation of this § 180-65 identified by the nature of sounds or a correlation with the times of operation and the alleged violation.

Limits.

Ambient noise level threshold.

No noise source shall produce an A-weighted noise level at any point in the Township outside the boundaries of the property on which the noise source is located (or in the case of a project considered a single noise source, the boundaries of the collective project area) at a level in excess of 10 dBA above the ambient noise level.

An increase in excess of 10 dBA shall be permitted provided the owner/operator of the noise source acquires a noise easement in form and content approved by the Township (solely with respect to the noise easement) from the affected property owner which establishes the maximum increase. However, no increase shall be permitted for properties separated by any public road right-of-way and in no case shall the maximum noise level exceed the level established by § 180-65B(2).

Ambient noise level. For projects being developed, the ambient noise level for the entire project may be established prior to construction of such project for the duration of construction and operation of such project by measuring the noise level near the boundaries of the property on which the project is to be constructed in accord with § 180-65C for a continuous two-week period no more than two years prior to the start of construction of such project.

Maximum Sound Levels
Period	Receiving Land Limits (dBA)
	Existing Dwelling	Zoning District
	Existing Dwelling	OS, R-1, R-2	R-3	R/RC, VC, C	BD/LI
Monday through Saturday, 7:00 a.m. to 9:00 p.m.	60	60	60	65	70
Saturday, 9:00 p.m. through Monday, 7:00 a.m. Monday through Friday, 9:00 p.m. to 7:00 a.m.	50	50	55	60	70

Maximum noise level. Notwithstanding any of the foregoing provisions of this § 180-65B, in no event shall a noise source produce an A-weighted noise level outside the boundaries of the property on which the noise source is located (or in the case of a project considered a single noise source, the boundaries of the collective project area) at a level in excess of the limits established in the Maximum Sound Levels Table.

Measurements.

Type and certification. All noise level measurements shall be made using a sound level meter meeting American National Standard Specification for Sound Level Meters (ANSI S1.4-1983 (R2001)/ANSI S1.4A-1985 or the current revision of that standard) for Type 1 instruments. The instrument shall have been laboratory recertified according to the manufacturer's directions within the periodicity required by the manufacturer (usually one- or two-year interval) prior to the measurements.

Methods. All measurements shall be taken using the FAST response time and A-weighting.

Field calibration. A field calibration check, using a certified field calibrator, shall be performed at the beginning and end of the measurement period and reported with the other data.

Proposed projects.

For projects establishing an ambient noise level for the project prior to the approval of such project, the average A-weighted noise level (Leq) shall be measured at multiple points near the outside boundaries of the property on which the project is to be constructed for a continuous two-week period no more than one year to the start of construction of such project.

Measurements should be attempted to be performed near outside boundaries which are closest in proximity to where the noise source will be located and/or where noise is reasonably expected to be the loudest.

The measurements must be made by an independent professional using the commonly accepted measurement procedures specified in ANSI/ASA S1.13-2005 (R2010) standard "American National Standard Methods for the Measurement of Sound Pressure Levels In Air."

Investigation of complaints.

Initial determination.

In the event a complaint is received regarding a suspect source, the Zoning Officer shall first determine that the complaint is valid by visiting the site of the complaint and the site of the suspect source.

If the nature of the sound at the site of the complaint is not similar to the nature of the sound produced by the suspect source, and if the subjective noise levels do not correlate with the operation of the suspect source, then the Zoning Officer shall file a report noting those observations, and shall notify the complainant and the owner/operator of the suspect source that the complaint has not been validated.

Test date.

If, by the nature of the sound, or correlation with the operation of the suspect source, the Zoning Officer determines a complaint to potentially be valid, the Zoning Officer shall make a reasonable effort to arrange a date and time with the complainant and the owner/operator of the suspect source to conduct a test.

The test should be close to the time of day and day of week of the complaint, but shall not represent an unreasonable burden on the complainant or the owner/operator of the suspect source.

Background noise level.

The Zoning Officer, or the Zoning Officer's designee, shall conduct an average background A-weighted noise level measurement before and after the operation of the suspect source using commonly accepted measurement equipment and standards, provided that, at the election of the owner/operator, the owner/operator may engage an independent professional to conduct such measurements mutually agreed to by the Township, at the cost of the owner/operator.

At the direction of the Zoning Officer, or the Zoning Officer's designee, the owner/operator of the suspect source shall operate the equipment according to normal operating procedures according to design limits, or the maximum approved limits of the conditional use approval, whichever is lower, for the duration of the test.

The owner/operator may be required to operate the equipment in any mode or for any use that the equipment is normally or occasionally used. The owner/operator shall not be required to operate the equipment in any manner inconsistent with the design or normal use, nor in any unsafe manner.

Average background A-weighted noise level.

An average background A-weighted noise level shall be measured without the suspect source in operation. The atmospheric conditions at the time of measurement shall be as near the atmospheric conditions reported at the time of the complaint (wind direction and speed, temperature, temperature gradient, etc.).

Background activities shall be representative of those expected in the environment for the time of day and day of the week.

Measurements of the average background A-weighted noise level shall be made for the length of time the suspect source will be in operation, but need not be any longer than 15 minutes. If manual measurements are being taken, the measurements shall be recorded every 15 seconds. If an automatic recording device is being used, the recording interval shall be one second, or the closest fixed or variable interval allowed by the meter and recording equipment.

Measurements.

Measurements of the average A-weighted noise level (Leq) with the suspect source in operation shall be conducted as soon as possible after obtaining the background noise level measurements without the suspect source in operation and shall be made for the length of time the source will normally be in operation, but in any case shall not be less than five minutes and need not be any longer than 15 minutes.

If manual measurements are being taken, the measurements shall be recorded every 15 seconds. If an automatic recording device is being used, the recording interval shall be one second, or the closest fixed or variable interval allowed by the meter and recording equipment.

The equation for deducing the A-weighted noise level (Leq) being produced by the suspect source (Ls) shall be as set forth below where L1 equals the measured average A-weighted noise level (Leq) of the background without the suspect source in operation and L2 equals the measured average A-weighted noise level (Leq) of the background with the suspect source in operation. Basically, Ls equals L2 minus L1 as shown in log notation below which is the basis for decibel calculations.

Report. After completion of the background noise level measurements before and after the operation of the Suspect Source, the report of the Zoning Officer, or the Zoning Officer's designee (or the independent professional, if engaged by the owner/operator of the suspect source), shall include:

The instrument manufacturer, model, type, serial number, and laboratory recertification date of the sound level meter and the field calibrator.

The level of the field calibration after making any adjustment of the sound level meter.

The location of the noise level measurements, by latitude and longitude or by other descriptive terms that would allow someone unfamiliar with the complaint to locate, unambiguously, the measurement point on the ground or on a map.

The location of the suspect source by latitude and longitude or by other descriptive terms that would allow someone unfamiliar with the complaint to locate, unambiguously, the measurement point on the ground, or on a map.

A description of the suspect source in operation, sufficient to allow someone to recreate the conditions of the test.

The weather conditions at the time of measurement, including temperature, relative humidity, wind speed and direction, cloud cover, and an impression of the temperature gradient.

(7)

The time at which noise level measurements were started and stopped.

(8)

The time at which the operation of the suspect source was started and stopped, and when measurements were started and stopped.

(9)

For manual measurements:

A table of lines and sound levels as reported on the meter.

The calculated A-weighted noise level for each set of measurements.

(10)

For automatic measurements:

A notation of the time the instrument was started and the time stopped.

The reported A-weighted noise level.

If the instrument can report each data point, an electronic form of the data, including each measurement time and level, and a description of the data format shall be retained as a supplement to the report.

A calibration mark using the field calibrator.

(11)

A list of witnesses or other persons present during the measurements.

(12)

Any additional comments from the complainant, witnesses or the operator/owner of the suspect equipment or sources.

Studies for proposed use.

Compliance with standards. Applicants for a specific proposed use shall be required to demonstrate that the proposed use will not violate the standards in this § 180-65 by providing reasonable documentary evidence, which may include:

Engineering studies which estimate the environmental noise levels from the proposed equipment operations and the impact of mitigation measures applied to the equipment and/or site; and/or

Environmental noise measurements from similar operations and sites (same number and types of equipment, comparable topography and prevailing weather conditions).

Loudspeakers. The applicant shall provide specifications for any proposed exterior loudspeakers and detail how compliance will be attained.

Conditions. Given the inherent vagaries of acoustic predictions and the variability of acoustic measurements, the Board of Supervisors may apply conditions which are more conservative than would be indicated by the studies. In any case, the acceptance of proposed control or mitigation measures does not relieve the applicant from complying with the standards provided in this § 180-65 and/or any zoning approval.

Exceptions. The standards in this § 180-65 do not apply to:

Radiated noise levels for vehicles or other operations subject to state or federal preemption.

The operation of lawn mowers, leaf blowers, string trimmers, chain saws, and other small yard maintenance equipment between sunrise and sunset.

Emergency equipment and signals.

Emergency operations of any kind, including, but not limited to, road repairs, utility repairs, response to accidents, injuries, fires, flooding, or hazardous material spills.

Short duration activities, such as construction or repair of facilities or infrastructure.

Discharge of firearms.

§ 180-66 Vibration.

Operating or permitting the operations of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

§ 180-67 Lighting and glare.

The standards of this § 180-67 shall also apply to residential and agricultural uses. Lighting shall be controlled in both height and intensity to maintain community character; and lighting design should be an inherent part of the project design. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site. Any proposal which is considered a land development as defined by Chapter 153 (Subdivision and Land Development) shall be governed by the lighting and glare standards in that chapter. Following the establishment of any land development, the ongoing operation and maintenance of the lighting facilities shall comply with the requirements of this § 180-67 and violations shall be subject to the enforcement provisions of this chapter.

Purpose. To set standards for outdoor lighting to:

Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns;

Protect drivers and pedestrians from the glare of nonvehicular light sources;

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources; and

Promote energy efficient lighting design and operation.

Applicability.

This § 180-67 shall apply to all uses within the Township where there is exterior lighting that is viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

Exemptions. The following lighting applications are exempt from the requirements of this § 180-67:

Lighting within public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right-of-way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement.

Lighting for public monuments and statuary.

Underwater lighting in swimming pools and other water features.

Low-voltage landscape lighting.

Repairs to existing luminaires not exceeding 25% of the number of total installed luminaires.

Temporary lighting for theatrical, television, performance areas and construction sites.

(g)

Temporary lighting and seasonal decorative lighting provided that individual lamps are less than 10 watts and 70 lumens.

(h)

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.

Standards.

Illumination levels. Lighting shall have illuminances, uniformities and glare control in accord with the recommended practices of the illuminating Engineering Society of North America (IESNA) unless otherwise directed by the Township.

Luminaire design.

Horizontal surfaces.

For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, culs-de-sac, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down and shall meet IESNA full-cutoff criteria.

Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional forty-watt incandescent or ten-watt compact fluorescent lamp, are exempt from the requirements of this subsection. In the case of decorative street lighting, luminaires that are fully shielded or comply with IESNA cutoff criteria may be used.

Nonhorizontal surfaces.

For the lighting of predominantly nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the Township, 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.

Control of glare.

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.

Directional luminaires such as floodlights and spotlights shall be so shielded, 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 or pedestrian way. 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.

Barn lights, also known as dusk-to-dawn lights, when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

(Reserved)

Parking facility and vehicular and pedestrian-way lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be extinguished after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of luminaires or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the Township that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the twenty-five-percent limit may be permitted as a conditional use.

Luminaires shall be automatically controlled through the use of a programmable controller with battery power-outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonal variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security dusk-to-dawn luminaire operation when such lighting is specifically approved by the Township in accord with § 180-67C(3)(e). The use of motion detectors is permitted.

(g)

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 luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.

(h)

Light spillover.

Residential. The illumination projected from any use onto a residential use or permanent open space shall at no time exceed 0.1 initial footcandle, measured line-of-sight at any time and from any point on the receiving residential property. This shall include glare from digital or other illuminated signs.

Nonresidential. The illumination projected from any property onto a nonresidential use shall at no time exceed one initial footcandle, measured line-of-sight from any point on the receiving property.

(i)

Height. Except as permitted for certain recreational lighting and permitted elsewhere in this Subsection, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted 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 discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For maximum mounting height of recreational lighting, see § 180-67D.

(j)

The United States, state and other official flags may be illuminated from dusk to dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.

(k)

Under-canopy lighting for such applications as 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. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles and the maximum density shall not exceed 30 initial footcandles.

(l)

Soffit lighting around building exteriors shall not exceed 15 initial footcandles.

(m)

The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications towers is prohibited during hours of darkness except as required by the Federal Aviation Administration.

Installation.

Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accord with the National Electric Code (NEC) Handbook.

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 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, shielded by steel bollards or protected by other effective means.

Pole-mounted luminaires for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.

Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

Maintenance. Luminaires and ancillary equipment shall be maintained so as to meet the requirements of this chapter.

Billboards and signs. The lighting of new or relighting of existing billboards and signs shall require a permit, which shall be granted when the Zoning Officer is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:

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 off-site view and to place the light output onto and not beyond the sign or billboard. Lighting shall be by linear fluorescent unless it can be demonstrated to the satisfaction of the Township that such a mounting arrangement is not possible. 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.

Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.

The illumination of a billboard within 400 feet of a residential use shall not be permitted.

Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

The use of highly reflective signs that creates nuisance glare or a safety hazard shall not be permitted.

Recreational uses. The nighttime illumination of outdoor recreational facilities for such sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally permitted 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. When recreational uses are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply:

Race tracks and such recreational venues as golf driving ranges and trap-shooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination, may be permitted by conditional use. A visual impact analysis shall be required in accord with § 180-67D(6).

A proposed illuminated recreational facility located within a OS or R-1 District or sited on a nonresidential property located within 1,000 feet of a property in a OS or R-1 District shall be considered a conditional use.

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 10:00 p.m. except in the occurrence of extra innings, overtimes or make-up games.

The Township reserves the right to limit the number of illuminated sporting events per week or season.

Maximum mounting heights for recreational lighting shall be in accordance with the following:

Basketball: 20 feet.

Football: 70 feet.

Soccer: 70 feet.

Lacrosse: 70 feet.

Baseball and softball:

Two-hundred-foot radius: 60 feet.

Three-hundred-foot radius: 70 feet.

Miniature golf: 20 feet.

See "driving range" in § 180-67D(1).

(g)

Swimming pool aprons: 20 feet.

(h)

Tennis: 20 feet.

(i)

Track: 20 feet.

(j)

All uses not listed: 20 feet.

Visual impact plan. 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 by § 180-67E, but also by a visual impact plan that contains the following:

Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line-of-sight.

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 § 180-67C(3).

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.

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Plan submission. Lighting plans shall be submitted for Township review and approval for subdivision and land development, conditional use, variance, zoning permit and special exception applications. The submitted information shall include the following:

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, flags and signs, by location, orientation, aiming direction, mounting height, lamp, photometry and type.

A ten-foot-by-ten-foot 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. When the scale of the plan, as judged by the Township, makes a ten-foot-by-ten-foot grid plot illegible, a more legible grid spacing may be permitted.

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.

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.

Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

When requested by the Township for conditional uses or special exceptions, the applicant shall also submit a visual impact plan in accord with § 180-67D(6).

(7)

Plan notes. The following notes shall appear on the lighting plan:

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 shall be 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 approved plan.

The Township reserves the right to conduct post-installation inspections to verify compliance with chapter requirements and approved lighting plan commitments, and if deemed appropriate by the Township, to require remedial action at no expense to the Township.

All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Township.

Installer shall notify Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.

Compliance monitoring.

Safety hazards. If the Zoning Officer determines that a lighting installation creates a safety hazard, an enforcement proceeding shall be initiated.

Nuisance glare and inadequate illumination levels. If the Zoning Officer determines that a lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from the requirements of this chapter, enforcement proceedings shall be initiated.

Nonconforming lighting. A nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this § 180-67 when:

It is deemed by the Zoning Officer to create a safety hazard;

It is replaced, abandoned or relocated;

There is a change in use; or