[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 10-23-2017 by Ord. No. 784.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building permits — See Ch. 126.
Nuisances — See Ch. 261.
Parks and recreation areas — See Ch. 274.
Subdivision and land development — See Ch. 330.
Zoning — See Ch. 390.
[1]
Editor's Note: This ordinance repealed former Ch. 235, Lighting,
Outdoor, adopted 1-23-2006 by Ord. No. 612, as amended.
A chapter establishing regulations, specifications and restrictions
for the use and/or installation of outdoor lighting in the Township
of Exeter, Berks County, Pennsylvania.
This chapter shall be known as, and may be cited as, the "Exeter
Township Outdoor Lighting Ordinance of 2016, as amended."
The purpose of this chapter is to establish requirements for
the installation of new outdoor lighting or for the replacement of
existing outdoor lighting in places on private property where the
public gathers, parks or travels. It is the intent of this chapter
to protect drivers and pedestrians from disabling glare from nonvehicular
light sources, to protect neighbors from nuisance glare and light
trespass, and to promote energy efficient lighting design and operation.
A.
This chapter shall be applicable to uses that are proposed to operate
during hours of darkness where there is public assembly or traverse.
Lighting facilities shall be required for all off-street parking areas
and off-street loading areas, and for all driveways providing ingress
and egress thereto and for all subdivisions and/or land developments
for business, commercial, retail, personal service, industrial, multifamily,
recreational, institutional and public uses, and for all construction
or reconstruction or improvement of any such use. In addition, the
provisions of this section shall apply to signs, architectural lighting,
and landscape lighting.
B.
Exceptions: For adaptive reuses of existing structures or for other
types of building permits that do not involve a subdivision/land development
application and where the lot area is less than 1/2 acre, the applicant
is not required to submit a fully engineered lighting plan as defined
in this chapter, but alternatively must submit other evidence of compliance
with the intent of the provisions of this chapter. Specifically, the
applicant shall comply with the following provisions of this chapter:
As used in this chapter, the following terms shall have the
meanings set forth below:
A lighting fixture that has, either through its design or
through separate shielding, no more than 10% of the lumens emanating
from the light source traveling higher than 10° below the horizontal
plane of the bottom of the fixture.
A unit measuring lumens per square foot as measured by a
light meter.
A lighting fixture where none of the lumens emanating from
the light source are traveling higher than 10° below the horizontal
plane of the bottom of the fixture.
The sensation produced by lighting that causes annoyance,
discomfort or loss in visual performance and visibility to the eye.
The quantity of light measured in footcandles.
Light emitted by a lighting installation that extends beyond
the boundaries of the property on which the installation is located.
The light output rating of a lamp or light source.
A complete lighting unit including the fixture housing and
the light source or lamp, but not including the mounting structure
or pole.
A vertical structure specifically designed for the mounting
of a luminaire for use in exterior areas away from buildings.
During the plan review process applicants shall demonstrate
compliance with the provisions of this chapter through the preparation
of a lighting plan which shall be prepared and submitted in accordance
with the following criteria:
A.
A lighting plan shall be submitted for review and approval for all
applications and uses which require exterior lighting.
B.
The lighting plan shall include a schematic layout of all proposed
exterior fixture locations, footcandle data, and a plat demonstrating
intensities and uniformities within the limitations established with
this chapter. The applicant shall also provide the manufacturer's
description of the equipment (catalog cuts), glare control devices,
lamps or light sources, mounting heights, and proposed hours of operation
of the lighting. Illumination intensities shall be plotted on a ten-foot-by-ten-foot
grid.
C.
The applicant shall submit a visual impact photometric plan that
demonstrates both light coverage and light spillage resulting from
the proposed lighting plan and the provision for adequate measures
to mitigate nuisance from light pollution and disabling glare, both
on the use or development site and on adjacent properties.
D.
The following design standards and illumination specifications:
(1)
Lighting facilities located within off-street parking areas and loading
areas for all uses and developments requiring exterior lighting, or
in connection with signs and recreational and institutional activities,
shall provide an illumination level utilizing using the chart below.
The list is not all-inclusive, but provides the requirements for most
common applications:
|
Use
|
Maintained Footcandles
|
Uniformity
(average: minimum)
| ||
|---|---|---|---|---|
|
Streets
| ||||
|
Nonresidential
|
0.9 average
|
6:1
| ||
|
Residential
|
0.4 average
|
6:1
| ||
|
Parking
| ||||
|
Multifamily residential
|
0.8 average
|
4:1
| ||
|
Nonresidential
| ||||
|
High activity - shopping centers, restaurants, athletic facilities,
entertainment facilities
|
0.9 minimum
|
4:1
| ||
|
Medium activity - single mercantile buildings, convenience stores,
office facilities, hospitals/medical facilities, commuter lots
|
0.6 minimum
|
4:1
| ||
|
Low activity - industrial facilities, public/private schools,
churches, recreational facilities/municipal parks
|
0.2 minimum
|
4:1
| ||
|
Fueling stations
|
20 avg/30 max
|
4:1
| ||
|
Car dealerships
|
20 avg/30 max
|
5:1
| ||
|
Public sidewalks
|
0.5 average
|
5:1
| ||
|
Commercial building entrances
|
5.0 average
|
—
| ||
|
Levels for the maintained footcandles are to be at the surface
of the pavement or area being served. The maximum to minimum ratio
for parking areas shall not exceed 20:1 max:min. If a particular use
or facility is not listed above, the Township will determine which
category applies to the proposed facility.
| ||||
(2)
For all applications, the Township may impose a more stringent lighting
standard requiring less illumination as a condition of any such approval
when it determines the same to be necessary to protect adjoining properties
or streets from light pollution and/or glare.
(3)
As part of any application, the Township may consider alternative
design methods and specifications, provided that such alternative
meets the purpose statement and community development objectives of
this chapter.
(4)
In no case shall illumination exceed 0.1 footcandle measured at the
property lines, except at driveway entrances, provided the illumination
at the cartway center line of the contiguous street shall not exceed
1.0 footcandle, unless a more stringent standard is ordered by the
Township.
E.
The following general design standards, illumination specifications,
installation provisions and maintenance requirements shall apply for
exterior lighting for residential and/or nonresidential uses:
(1)
Lamp types and colors shall be in harmony within the adjacent community,
any special circumstances existing on the site, and with surrounding
lighting facilities. Lamp types and colors shall be consistent and
shall not create a mix of colors.
(2)
Canopy lighting shall be located on the undersurface (ceiling) of
the canopy and shall be limited to flush lens fixtures mounted on
the canopy ceiling. Drop-lens fixtures shall be prohibited. In no
event shall any other lighting fixtures be located on or otherwise
attached to or used to light a canopy or any area of the property
adjacent to the canopy. Outdoor canopies include, but are not limited
to, the following applications:
(3)
With the exception of security lighting, all exterior lighting for
any commercial, industrial, institutional and recreational use shall
be reduced by 50% between the hours of 10:00 p.m. and 6:00 a.m. Security
lighting shall only be considered to illuminate specified areas between
building and off-street parking area, as considered necessary and
appropriate by the Township.
(4)
All new lighting fixtures shall meet full cutoff criteria. No lighting
shall be permitted which shines directly into residential units, or
results in glare beyond an angle of 30° from a vertical plane,
measured from the light source.
(5)
Light fixtures, including mounting base, shall not exceed 25 feet
in height above finished grade unless the applicant can demonstrate
to the satisfaction of the Township that higher pole mounting is required
and will not provide nuisance light sources to any residential areas
or facilities that can view the fixtures. The applicant shall consider
the spacing and height of the lighting standards as well as the intensity
of the illumination to disperse the desired lighting in a uniform
manner within the off-street parking area.
(6)
All lighting sources shall be effectively shielded and shall be installed
and/or aimed so as to shield nearby public or private streets and
neighboring properties from direct-glare light radiation, or light
pollution which may create a safety hazard or a nuisance.
(7)
The use of vegetation, fences and similar screening methods may be
utilized to supplement glare or cutoff control devices.
(8)
Fixtures used for architectural lighting, such as facade, feature
and landscape lighting, shall be directed so as to preclude light
projection beyond the immediate objects, which are intended to be
illuminated as an architectural feature.
(9)
Within the HC, GI, LI, and SCC Zoning Districts, the use of floodlighting,
spotlighting, or other high-intensity lighting over 100 watts shall
be located, directed and aimed in a manner so that it does not produce
light trespass in excess of 0.1 footcandle at the lot line of any
adjacent property line. All such lighting fixtures shall be installed,
directed and aimed so that they do not project their output into windows
of neighboring residences, adjacent uses, skyward or public street.
All such lighting shall be reduced by 50% between the hours of 10:00
p.m. and 6:00 a.m. Lighting for commercial, industrial, and institutional
uses shall be controlled by automatic switching devices, such as time
clocks, to permit the reduction of exterior lighting in order to mitigate
nuisance glare and sky lighting consequences.
(10)
Electrical feeds to all lighting standards shall be installed
underground, not overhead.
(11)
The lighting support structures and poles utilized to illuminate
an off-street parking area or loading area shall be placed a minimum
of five feet from the curb stops or curbline, or placed on a concrete
pedestal at least 30 inches above the surface of the pavement.
(12)
The applicant or landowner shall be responsible for the replacement
of any damaged or nonfunctional lighting standards, bulbs, light shields
or cutoff fixtures, lens, timing devices, electrical components and/or
other lighting feature.
(13)
The applicant or property owner shall install all required lighting
fixtures and facilities at his expense. Light fixtures and poles shall
be in accordance with a lighting plan approved by the Township, as
part of the application for subdivision, land development conditional
use, special exception and/or building permit.
(14)
The applicant or property owner shall be responsible for all
costs involved in the maintenance, upkeep and operation of all required
lighting facilities.
F.
For agricultural uses the following criteria shall apply:
(1)
No lighting shall be permitted that shines directly onto an adjacent
residence.
(2)
No lighting shall be permitted that creates a hazard by shining onto
a public right-of-way.
(3)
Floodlights and other directional light fixtures visible from an
adjacent residential use shall be extinguished no later than 11:00
p.m. or shall be controlled by a motion sensor.
G.
For outdoor athletic stadiums or complexes the following criteria
shall apply:
(1)
No lighting poles shall be higher than 150 feet without express approval
of the Township's Planning Commission. Applicant must demonstrate
the reason for the poles to be higher and provide sufficient documentation
to the Planning Commission to reach a decision.
(2)
Lighting shall be extinguished no later than 11:00 p.m. unless written
permission is obtained from the Township for special events.
H.
Signs and billboards.
(1)
Illuminated signs, other than electronic, changeable signs and billboards,
shall have an internal lighting source, an external indirect lighting
source or/and external shielded source. Billboards and externally
illuminated signs shall be lighted by fixtures mounted at the top
of the sign and aimed down toward the ground. Uplighting of signs
is not permitted.
(2)
The maximum initial illumination of the vertical face of the sign
or billboard shall be 30 footcandles. The maximum lamp rating for
internally illuminated signs shall not exceed 1,000 lumens.
(3)
Rotating, flashing, pulsing, marching or oscillating light sources,
lasers, beacons or strobe lighting are not permitted.
I.
The Township reserves the right to conduct a postinstallation nighttime
inspection to verify compliance with the requirements of this chapter.
If it is determined that any lighting source or installation creates
a safety or personal security hazard due to insufficient illumination
levels or produces unacceptable levels of nuisance glare, light pollution,
or skyward light, the property owner shall be so notified and required
to take timely remedial action at his expense to resolve the problem.
If the appropriate remedial or corrective action has not been completed
within 30 days of notification, the property owner shall be issued
an enforcement notice and shall be subject to the penalty provisions
specified by the Township.
J.
The Township may consider optional design and site development alternatives
if the standard requirements are determined to be unwarranted or inappropriate
based upon the existing site conditions. If approved, the optional
design and site requirements shall be considered as part of the zoning
permit, building permit, subdivision or land development plan.
K.
Nonconforming lighting. Any lighting system or fixture legally installed
prior to the adoption of this chapter which does not comply with the
requirements of this chapter shall be deemed an existing nonconforming
installation. Nonconforming lighting systems are to be maintained/kept
operational in their existing format. However, any expansions, alterations
or replacements of these systems must comply with the requirements
of this chapter.
A.
For the installation of new exterior lighting in conjunction with
a new land development plan, the lighting plans shall be submitted
as part of the plan set for review and approval by the Township's
Planning Commission and by the Board of Supervisors. The plans shall
comply with the requirements of this chapter.
B.
For the installation of new exterior lighting at an existing developed site or for the redesign/replacement of an existing exterior lighting system as provided for in § 235-4B of this chapter, the applicant shall prepare a plan as noted in § 235-6 of this chapter. The plan will be reviewed by the Township as part of the approval process for an electrical permit, building permit or land development application. The plan shall comply with the requirements of this chapter.
Any person who violates or permits a violation of this chapter
shall, upon being found liable in an enforcement proceeding commenced
by the Township before the local District Judge, be required to correct
the violation and pay a fine of not more than $500 plus court costs.
The time duration for the correction of the violation shall be not
more than 30 calendar days from the date of the hearing with the District
Judge.
The various parts, sections and clauses of the chapter are hereby
declared to be severable. If a court of competent jurisdiction adjudges
any part, sentence, paragraph, section or clause to be unconstitutional
or invalid, the remainder of this chapter shall not be affected thereby.
Any ordinance or parts thereof in conflict with the provisions
of this chapter are hereby repealed to the extent of such conflict.
This chapter shall take effect immediately upon adoption by
the Exeter Township Board of Supervisors.
