[HISTORY: Adopted by the Board of Supervisors
of the Township of Hellam 8-7-2003 by Ord. No. 2003-02.
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Hellam Township Outdoor Lighting Ordinance."
It is the intent of this chapter to define practical
and effective measures by which the obtrusive aspects of excessive
and/or careless outdoor light usage can be minimized while preserving
safety, security and the nighttime use and enjoyment of property.
These measures will curtail the degradation of the nighttime visual
environment by encouraging lighting practices that direct appropriate
amounts of light where and when it is needed, increasing the use of
energy-efficient sources, and decreasing the wastage of light and
glare resulting from overlighting and poorly shielded or inappropriately
directed lighting fixtures.
A.
All new outdoor lighting fixtures installed after
the effective date of this chapter shall comply with all requirements
of this chapter.
B.
All outdoor lighting fixtures existing on the effective
date of this chapter may continue to be used. If such outdoor lighting
fixtures are replaced or repaired, such replacement or repair shall
comply with all requirements of this chapter.
C.
If a landowner proposes to expand or alter any use
or structure, the landowner shall submit a complete inventory and
site plan detailing all existing and any proposed new outdoor lighting.
Any new outdoor lighting on the site shall meet all of the requirements
of this chapter. The total outdoor light output after the modifications
are complete shall not exceed that on the site before the modification
or that permitted by this chapter, whichever is larger.
D.
Lighting for public roadways is exempt from the provisions
of this chapter.
Unless otherwise stated, the following words
and phrases shall be construed in this chapter to have the meanings
indicated:
All outdoor lighting used for, but not limited to, outdoor
sales or eating areas, assembly or repair areas, advertising and other
signs, recreational facilities and other similar applications where
color rendition is important to preserve the effectiveness of the
activity. Designation of lighting as Class 1 requires a finding by
the Enforcement Officer of the essential nature of color rendition
for the application. Recognized Class 1 uses are: outdoor eating and
retail food or beverage service areas; outdoor maintenance areas;
display lots; assembly areas such as concert or theater amphitheaters.
All outdoor lighting used for, but not limited to, illumination
for walkways, roadways, equipment yards, parking lots and outdoor
security where general illumination for safety or security of the
grounds is the primary concern.
Any outdoor lighting used for decorative effects including,
but not limited to, architectural illumination, flag and monument
lighting, and illumination of trees, bushes.
Illumination resulting from light emitted directly from a
lamp or luminaire, not light diffused through translucent signs or
reflected from other surfaces such as the ground or building faces.
Allowing a direct line of sight to the light source or lamp.
Outdoor areas where active nighttime sales activity occurs
and where accurate color perception of merchandise by customers is
required. To qualify as a display lot, one of the following specific
uses must occur: automobile sales, boat sales, tractor sales, building
supply sales, gardening or nursery sales, assembly lots, swap meets,
or other similar uses as approved by the Enforcement Officer.
The person the Board of Supervisors designates to receive
applications, review plans, and issue approvals under this chapter.
A specific form of lamp designed to direct its output in
a specific direction (a beam) but with a diffusing glass envelope.
Such lamps are so designated by the manufacturers and are typically
used in residential outdoor area lighting.
A unit of light intensity stated in lumens per square foot
and measurable with a luminance meter, aka footcandle or light meter.
A lighting fixture constructed in such a manner that all
light emitted by the fixture, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the luminaire, is projected below the horizontal as determined by
photometric test or certified by the manufacturer. Any structural
part of the light fixture providing this shielding must be permanently
affixed.
The sensation produced by a bright source within the visual
field that is sufficiently brighter than the level to which the eyes
are adapted to cause annoyance, discomfort, or loss in visual performance
and visibility. The magnitude of glare depends on such factors as
the size, position, brightness of the source, and on the brightness
level to which the eyes are adapted.
The Illuminating Engineering Society of North America.
The quantity of light measured in footcandle or lux.
Any adverse effect of man-made light.
Light falling where it is not wanted or needed, typically
across property boundaries.
Unit of luminous flux; used to measure the amount of light
emitted by lamps.
The complete lighting assembly, less the support assembly.
For purposes of determining total light output from a luminaire, lighting
assemblies which include multiple unshielded or partially shielded
lamps on a single pole or standard shall be considered as a single
unit.
The physical and measurable quantity corresponding to the
brightness of a surface (e.g., a lamp, luminaries, reflecting material)
in a specific area, and measurable with a luminance meter.
A unit of light intensity stated in lumens per square meter.
There are approximately 10.7 lux per footcandle.
Any outdoor lighting used for more than one purpose, such
as security and decoration, such that its use falls under the definition
of two or more classes as defined for Class 1, 2 and 3 Lighting.
A material that does not transmit light from an internal
illumination source. As applied to sign backgrounds, the area surrounding
any letters or symbols on the sign either is not lighted from within,
or allows no light from an internal source to shine though it.
An outdoor illuminating device, outdoor lighting or reflective
surface, lamp or similar device, permanently installed or portable,
used for illumination or advertisement. Such devices shall include,
but are not limited to lights used for:
The maximum total amount of light, measured in lumens, from
all outdoor light fixtures. The initial light output, as defined by
the manufacturer, shall be the value to be used in determining compliance
with total outdoor light output limitations of this chapter.
An area designed for active recreation, whether publicly
or privately owned, including, but not limited to, baseball diamonds,
soccer and football fields, golf courses, tennis courts and swimming
pools.
The area of a sign shall be construed to include all lettering,
wording, and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, including any
border framing or decorative attachments, but not including any supporting
framework or bracing incidental to the display itself.
A sign illuminated by light sources from the outside.
A sign illuminated by light sources enclosed entirely within
the sign cabinet and not directly visible from outside the sign.
A sign including luminous gas-filled tubes formed into text,
symbols or decorative elements and directly visible from outside the
sign cabinet.
Lighting which does not conform to the provisions of this
chapter and which will not be used for more than one ten-day period
within a calendar year, with one ten-day extension. Temporary lighting
is intended for uses which by their nature are of limited duration;
for example, holiday decorations, civic events, or construction projects.
B.
All outdoor light fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding is effective as defined in § 283-4 for fully shielded fixtures.
C.
In addition to shielding requirements, all outdoor
light fixtures shall be located, aimed or shielded so as to minimize
stray light trespassing across property boundaries. Any lamp installed
on a residential property and visible from any other residential property
must be shielded such that the lamp is not directly visible from such
other residential property.
D.
Multiclass lighting must conform to the shielding
and timing restrictions, if any, that apply to the most restrictive
included class.
A.
Illuminance. All lighting installations shall be designed
to achieve no greater than the minimal illuminance levels for the
activity as recommended by IESNA.
B.
Off-site spill. All lighting installations shall limit
off-site spill (off the parcel containing the use) to the maximum
extent possible consistent with the illumination constraints of the
design. No more than five lux (0.5 fc) shall be permitted at any location
on any residential property, as measurable from any orientation of
the measuring device.
C.
Certification. Every such lighting system design and
installation shall be certified by a registered engineer as conforming
to all applicable restrictions of this chapter.
A.
External illumination for signs shall conform to all
provisions of this chapter. In particular, such lighting shall be
treated as Class 1 lighting and shall conform to the lamp source,
shielding restrictions and lumen caps of this chapter. All upward-directed
sign lighting is prohibited.
B.
Internally illuminated and neon signs.
(1)
Outdoor internally illuminated advertising signs must
either be constructed with an opaque sign background and translucent
text and symbols, or with a colored (not white, off-white, light gray,
cream or yellow) background and generally lighter text and symbols.
Lamps used for internal illumination of such signs shall not be counted
toward the lumen caps in this chapter.
(2)
Neon signs shall be treated as internally illuminated signs for the purposes of this chapter and shall not have their luminous outputs counted toward the lumen caps in this chapter. Neon lighting extending beyond the area considered to be the sign area (as defined in § 283-4) shall conform to all provisions of this chapter. In particular, such lighting shall be treated as Class 3 (decorative) lighting and shall conform to the lumen caps of this chapter.
(3)
Other internally illuminated panels or decorations
not considered to be signage (such as illuminated canopy margins or
building faces) shall be considered decorative (Class 3) lighting,
and shall be subject to the standards applicable for such lighting,
including but not limited to the lamp source, shielding standards
and lumens-per-acre caps.
C.
Illumination for all signs, both externally and internally
illuminated, shall be turned off at the curfew times listed in Table
3[1] or when the business closes, whichever is later. Signs
subject to curfews are required to have functioning and properly adjusted
automatic shutoff timers. Light background (white, off-white, light
gray, cream or yellow) internally illuminated signs, installed legally
before enactment of this chapter, may continue to be used and illuminated
but must conform to the curfews as indicated.
[1]
Editor's Note: Table 3 is included at the
end of this chapter.
A.
Recreational facilities.
(1)
Lighting for outdoor recreation facilities shall be
considered Class 1 (Color Rendition) and shall be exempt from the
lumens-per-acre limits.
(2)
Shielding. Fully shielded lighting is required for
outdoor recreation facilities designed for amateur or municipal league,
elementary to high school, training, recreational or social levels
of play. Outdoor recreation facilities designed for college, semiprofessional,
professional or national levels of play shall utilize luminaires with
minimal uplight consistent with the illumination constraints of the
design. Where fully shielded fixtures are not utilized, acceptable
luminaires shall include those which:
(3)
Illuminance. All lighting installations for outdoor
recreational facilities shall be designed to achieve no greater than
the minimal illuminance levels for the activity as recommended by
the IESNA.
(4)
Off-site spill. The installation shall limit light
spill off the parcel containing the recreation facility to the maximum
extent possible consistent with the illumination constraints of the
design.
(5)
Certification. Every such lighting system design and
installation shall be certified by a registered engineer as conforming
to all applicable restrictions of this chapter.
(6)
Curfew. All events shall be scheduled so as to complete
all activity before 11:00 p.m.
B.
Outdoor display lots.
(1)
Lighting for display lots shall be considered Class
1 (Color Rendition) and shall be exempt from the lumens-per-acre limits.
(2)
Shielding. All display lot lighting shall utilize
fully shielded luminaires that are installed in a fashion that maintains
the fully shielded characteristics.
(3)
Illuminance. The display lot shall be designed to
achieve no greater than the minimal illuminance levels for the activity
as recommended by the IESNA.
(4)
Off-site spill. The installation shall limit light
spill off the parcel containing the display lot to the maximum extent
possible consistent with the illumination constraints of the design.
(5)
Certification. Every display lot lighting system design
and installation shall be certified by a registered engineer as conforming
to all applicable restrictions of this chapter.
(6)
Curfew. Display lot lighting exceeding the lumens-per-acre
cap in Table 2 shall be turned off at 11:00 p.m. or within 30 minutes
after closing of the business, whichever is earlier. Lighting in the
display lot after this time shall be considered Class 2 lighting,
and shall conform to all restrictions of this chapter applicable for
this class, including the lumens-per-acre caps.
C.
Service station canopies.
(1)
Lighting for service station canopies shall be considered
Class 2 lighting (General Illumination).
(2)
Shielding. All luminaires mounted on or recessed into
the lower surface of service station canopies shall be fully shielded
and utilize flat lenses.
(3)
Total under-canopy output. The total light output
used for illuminating service station canopies, defined as the sum
of all under-canopy initial bare-lamp outputs in lumens, shall not
exceed 430 lumens per square meter (40 lumens per square foot) of
canopy. All lighting mounted under the canopy, including but not limited
to luminaires mounted on the lower surface or recessed into the lower
surface of the canopy and any lighting within signage or illuminated
panels over the pumps, is to be included toward the total at full
initial lumen output.
(4)
The lumen output of lamps mounted on or within the
lower surface of a canopy, and any other lighting located under a
canopy but not mounted on or within the lower surface is included
toward the lumen caps, is included toward the lumen caps.
D.
All lighting not directly associated with the special
uses above shall conform to the lighting standards described in this
chapter, including but not limited to the lamp type and shielding
requirements and the lumens-per-acre limits.
A.
Submission contents. The applicant for any permit
required by the Township in connection with proposed work involving
outdoor lighting fixtures shall submit (as part of the application
for permit) evidence that the proposed work will comply with this
chapter. The submission shall contain, at a minimum, the following
information:
(1)
Plans indicating the location on the premises of each
illuminating device, both proposed and any already existing on the
site.
(2)
Description of all illuminating devices, fixtures,
lamps, supports, reflectors, both proposed and existing. The description
may include, but is not limited to, catalog cuts and illustrations
by manufacturers (including sections where required).
(3)
Photometric data, such as that furnished by manufacturers,
or similar showing the angle of cutoff of light emissions.
(4)
Isofootcandle plots for individual fixture installations,
or ten-foot-by-ten-foot luminance-grid plots for multifixture installations,
which demonstrate compliance with the requirements of this chapter.
(5)
Evidence of the minimum illuminance standard of IESNA
for the proposed use.
B.
Subdivision plats. If any subdivision proposes to
have installed street or other common or public area outdoor lighting,
submission of the information described above shall be required for
all such lighting.
C.
Lamp or fixture substitution. Should any outdoor light
fixture or the type of light source therein be changed after the permit
has been issued, a change request must be submitted to the Enforcement
Officer for approval, together with adequate information to assure
compliance with this chapter, which must be received prior to substitution.
D.
If the Enforcement Officer determines that the proposed
lighting does not comply with this chapter, the permit shall not be
issued nor the plan approved.
E.
For all projects where the total initial output of
the proposed lighting equals or exceeds 50,000 lumens, certification
that the lighting, as installed, conforms to the approved plans shall
be provided by a certified engineer before the certificate of occupancy
is issued. Until this certification is submitted, approval for use
of a certificate of occupancy shall not be issued for the project.
A.
Request; renewal; information required. Any person
may submit, on a form prepared by the Township, to the Enforcement
Officer, a temporary exemption request. The request shall contain
the following information:
(1)
Specific section exemption(s) requested.
(2)
Duration of requested exemption(s).
(3)
Proposed location on premises of the proposed light
fixture(s).
(4)
Purpose of proposed lighting.
(5)
Information for each luminaire and lamp combination
as required above.
(6)
Previous temporary exemptions, if any, and addresses
of premises thereunder.
(7)
Such other data and information as may be required
by the designated official.
B.
Approval; duration. The Enforcement Officer shall
have five business days from the date of submission of the request
for temporary exemption to act, in writing, on the request. If approved,
the exemption shall be valid for not more than 10 days from the date
of issuance of the approval. The approval shall be renewable upon
further written request, at the discretion of the designated official,
for a maximum of one additional ten-day period. The Enforcement Officer
is not authorized to grant more than one temporary permit and one
renewal for a ten-day period for the same property within one calendar
year.
C.
Disapproval; appeal. If the request for temporary
exemption or its extension is disapproved, the person making the request
may appeal to the Board of Supervisors in accordance with the Local
Agency Law, 2 Pa.C.S.A. § 551 et seq.
A.
Nonconformance. All other outdoor light fixtures lawfully
installed prior to and operable on the effective date of this chapter
are exempt from all requirements of this chapter. There shall be no
change in use or lamp type, or any replacement (except for same-type
and same-output lamp replacement) or structural alteration made without
conforming to all applicable requirements of this chapter. Further,
if the property is abandoned, or if there is a change in use of the
property, the provisions of this chapter will apply when the abandonment
ceases or the new use commences.
B.
Emergency lighting. Emergency lighting, used by police,
firefighting, or medical personnel, or at their direction, is exempt
from all requirements of this chapter for as long as the emergency
exists.
C.
Swimming pool and fountain lighting. Underwater lighting
used for the illumination of swimming pools and fountains is exempt
from the lamp type and shielding standards of this chapter.
D.
Flags. Illumination of the official flag of the United
States of America and/or the official flag of the Commonwealth of
Pennsylvania shall be exempt from all requirements of this chapter,
subject to the following limitations:
(1)
One flood or spot light may be used to illuminate
the official flag of the United States of America and/or the official
flag of the Commonwealth of Pennsylvania.
(2)
Such illumination shall not adversely affect any adjoining
property.
(3)
The flood or spot light shall be located within five
feet of the base of the flag pole, directed upward to illuminate the
flag(s) only, and shielded so that the lamp is not visible from any
adjoining property, roadway, or building.
(4)
No flags or banners other than the official flag of
the United States of America and the official flag of the Commonwealth
of Pennsylvania may be displayed on a flagpole unless such lighting
meets all other requirements of this chapter. It is the express intent
of the Board of Supervisors that the exemption granted by this section
shall not be used to illuminate banners, signs, or other materials
in addition to the official flag of the United States of America and
the official flag of the Commonwealth of Pennsylvania.
The Township Manager, the Enforcement Officer,
the Zoning Officer, and the members of the Hellam Township Police
Department are hereby authorized and directed to enforce the provisions
of this chapter.
If the Board of Supervisors or the officer designated
to enforce this chapter by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this chapter, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this chapter and shall inform
such person that he or she must pay a civil penalty to the Township
within the range of amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 nor more than $600. If such person
fails or refuses to remit the penalty to the Township within 10 days
from the date of the written notice of the violation of this chapter,
the Township may commence a civil enforcement proceeding seeking penalties
and costs for the building of this chapter and/or may commence an
action in equity. The Township shall seek a judgment for the penalty
previously imposed together with additional daily penalties for continuing
violations plus all court costs, including the reasonable attorneys'
fees incurred by the Township in the enforcement proceedings. Each
day that a violation continues shall constitute a separate violation,
and each section of this chapter which is violated shall constitute
a separate violation. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure.
