Article 4
Outdoor Lighting

§10-401 Purpose.

To require and set minimum standards for outdoor lighting to:

A.    Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.

B.    Protect drivers and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe traverse.

C.    Protect neighbors and the night sky from nuisance glare and stray light from poorly shielded, aimed, placed, applied or maintained light sources.

D.    Promote efficient design and operation with regard to energy conservation.

E.    Protect and retain the established character of the Borough.

(Ord. 2002-9, 11/11/2002)

§10-402 Applicability.

1.    Outdoor lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and traverse, including but not limited to the following uses: commercial and industrial.

2.    Exceptions.

A.    The requirements of this Article shall not apply where superseded by County, State, or Federal law.

B.    The requirements of this Article shall not apply to any public or private street lighting and associated traffic devices provided by a public utility or governmental entity within a public right-of-way.

C.    Temporary decorative holiday lighting is exempt from the requirements of this Article.

(Ord. 2002-9, 11/11/2002)

§10-403 Definitions.

Footcandle - a unit of light intensity stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter.

Full cutoff - a term used by the lighting industry to describe a lighting fixture from which no light output is-emitted-at or-above a horizontal plane drawn through the bottom of the fixture and no more than 10 percent of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal plane, at all lateral angles around the fixture. Implicit in the definition is a fixture that is aimed straight down and has a flat lens.

Glare - the sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye. Glare is subjective and cannot be measured with a meter.

Illuminance - the intensity of incident light at a point, measured with a light meter in footcandles or lux.

Light trespass - light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited.

Luminance - 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 luminous meter.

Lux - a unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per foot-candle.

(Ord. 2002-9, 11/11/2002)

§10-404 Criteria.

1.    Illumination Levels.

A.    Lighting, where required or permitted by this Article, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook or separately in IESNA Recommended Practices.

B.    Future amendments to said recommended practices shall become a part of this Article without further action of the Borough Council.

C.    Examples of intensities for typical outdoor applications, as extracted from the Lighting Handbook, are presented below.

Use/Task

Maintained Foot-candles

Uniformity Ratio Avg.: Min.

Streets; local, commercial, industrial

0.9 Avg.

6:1

(1) Parking, Commercial/industrial

 

 

• High Activity, e.g., regional shopping centers/fast food facilities

0.9 Min.

4:1*

• Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots

0:6 Min.

4:1*

• Low activity e.g., neighborhood shopping, industrial employee parking

0.2 Min.

4:1*

(2) Sidewalks

1.0 Avg.

5:1

• Commercial industrial

 

 

(3) Building entrances, commercial, industrial

5.0 Avg.

(4) Service Station Pump Islands

20.0 Avg.

4:1

(5) Car Dealerships

20.0 Max.

5:1

Max:Min.

Notes: 1. Illumination levels are maintained horizontal foot-candles on the task, e.g., pavement or area surface.

2. Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio. E.g., for high activity commercial parking, the average Illuminance shall not be in excess of 3.6 (0.9 X 4).

* In no case shall the maximum to minimum uniformity ratio for parking be In excess of 20:1

2.    Lighting Fixture Design. New lighting fixtures for all new commercial or industrial subdivisions and land developments shall conform to the following requirements:

A.    Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Borough.

B.    For lighting horizontal tasks such as roadways, sidewalks, paths, entrances and parking areas, fixtures meeting IESNA “full-cutoff” criteria shall be used.

C.    Fixtures shall be equipped with or be capable of being retrofitted with light directing devices such as shields, visors or hoods when necessary to redirect offending light distribution.

D.    The use of floodlighting, spotlighting, wall-mounted fixtures, internally illuminated decorative globes and spheres and other fixtures not meeting IESNA “full-cutoff” criteria, shall be permitted only with the approval of the Borough, based upon acceptable justification and achievement of adequate glare control. Any light must be shaded, shielded or directed to prevent light from being distributed beyond an angle of 35 degrees from a vertical plane.

E.    Unshielded lamps, bulbs, and tubes are not permitted, except for temporary holiday lighting.

F.    No luminaires shall have any blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color, nor is any beacon light or strobe light permitted, except those required for firm alarm and/or emergency systems or required by the FAA.

3.    Control of Nuisance and Disabling Glare.

A.    All outdoor lighting, whether or not required by this Article, on commercial or industrial property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians, or a nuisance glare concern to neighboring properties.

B.    All outdoor lighting fixtures that light the area under commercial or industrial outdoor canopies shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element, so that direct light emitted above the horizontal plane is eliminated. Outdoor canopies include, but are not limited to, the following applications:

(1)    Fuel island canopies associated with service stations and convenience stores.

(2)    Exterior canopies above storefronts in shopping centers and malls.

(3)    Exterior canopies above driveways and building entrances.

C.    The use of floodlights and spotlights shall require approval by the Borough and shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, skyward or onto a public roadway or pedestrian way.

D.    Flagpole lighting sources shall not exceed 10,000 lumens per flagpole.

E.    Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

F.    In no case shall the illumination cast by a source or sources onto an adjacent residential property exceed 0.1 vertical foot-candle measured line of sight, from any point on the adjacent residential property.

G.    Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. All such fixtures shall be so designed or fitted to concentrate the light output onto and not beyond the sign or billboard.

H.    Except as specifically approved by appropriate officers or agents of the Borough, fixtures meeting IESNA “full cut-off” criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA “cutoff” criteria, when specifically approved by appropriate officers or agents of the Borough, shall not be mounted in excess of 16 feet above grade.

I.    Directional fixtures, e.g., floodlights or spotlights, for such applications as fagade, fountain, feature and landscape illumination, when specifically approved by the Borough for use, shall be aimed so as not to project their output beyond the objects intended to be illuminated.

4.    Installation.

A.    Electrical feeds for fixtures mounted on poles shall be run underground, not overhead.

B.    Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces shall be placed a minimum of 5 feet outside paved area, curbing or tire stops, or on concrete pedestals at least 30 inches high above the pavement, or suitability protected by other approved means.

5.    Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this Article.

(Ord. 2002-9, 11/11/2002)

§10-405 Plan Submission.

1.    For subdivision and land development applications where site lighting is required or proposed, lighting plans shall be submitted to the Borough for review and approval with any preliminary or final subdivision/land development plan application and with any conditional use, special exception, variance application or building permit where applicable, and shall include:

A.    A site plan complete with all structures, parking spaces, building entrances, traffic areas both vehicular and-pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, and a layout of all proposed fixtures by location, mounting height and type. The submittal shall include in addition to area lighting, architectural lighting, building entrance lighting, landscape lighting, etc.

B.    10 foot X 10 foot illuminance-grid (point-by-point) plot of maintained footcandles, carried out to 0.0 footcandles, which demonstrates compliance with the light trespass, intensity and uniformity requirements as set forth in this Article. The maintenance (light loss) factor used in calculating the illuminance levels shall be documented on the plan.

C.    Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. A pole foundation detail is to be provided on the plan.

2.    When requested by appropriate officers or agents of the Borough, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the Borough's intended character.

3.    Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Borough for review and approval. A note to that effect shall be placed on the lighting plan.

(Ord. 2002-9, 11/11/2002)

§10-406 Post Installation Inspection.

The Borough reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this Article, and if appropriate, to require remedial action at no expense to the Borough. A note to that effect shall be placed on the lighting plan.

(Ord. 2002-9, 11/11/2002)

§10-407 Compliance Monitoring.

1.    Safety Hazards.

A.    If appropriate officers or agents of the Borough judge a lighting installation creates a safety on personal-security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action.

B.    If appropriate corrective action has not been effected within 30 days of written notification, the Borough may commence legal action as provided in §§10-409 and 10-410 below.

2.    Nuisance Glare and Inadequate Illumination Levels.

A.    When appropriate officers or agents of the Borough judge an installation produces unacceptable levels of nuisance glare, direct skyward light, excessive or insufficient illumination levels or otherwise varies from this Article, the Borough may cause written notification of the person(s) responsible for the lighting and require appropriate remedial action.

B.    If appropriate corrective action has not been effected within 30 days of notification, the Borough may commence legal action as provided in §§10-409 and 10-410 below.

3.    The light meter used for verification of illuminance levels shall be the light meter owned by the Borough (or the Borough's authorized agent). The light meter shall be calibrated an a yearly basis to ensure accuracy.

(Ord. 2002-9, 11/11/2002)

§10-408 Nonconforming Lighting.

Any lighting fixture or lighting installation existing on the effective date of this Article that does not conform with the requirements of this Article shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform to the requirements of this Article when:

A.    After it is brought to the attention of the Borough as being deemed to create a safety and/or health hazard.

B.    It is replaced or relocated.

(Ord. 2002-9, 11/11/2002)

§10-409 Violations and Penalties.

1.    Any person who violates or permits a violation of this Article shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough before a magisterial district judge, pay a fine of not more than $500, plus all court costs including reasonable attorney's fees, incurred by the Borough in the enforcement of this Article. 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 Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. [Ord. 2009-1]

2.    The appropriate officers or agents of the Borough are hereby authorized to seek legal and/or equitable relief, including injunction, to enforce compliance with this Article.

(Ord. 2002-9, 11/11/2002; as amended by Ord. 2009-1, 7/13/2009)

§10-410 Abatement of Nuisances.

In addition to any other remedies provided in this Article, any violation of §10-404.3 hereof, “Control of Nuisance and Disabling Glare,” shall constitute a nuisance and shall be abated by the Borough by either seeking mitigation of nuisance or appropriate equitable or legal relief from a court of competent jurisdiction, including enforcement under the Borough's Nuisance Ordinance.

(Ord. 2002-9, 11/11/2002)

§10-411 Copy.

The publication, a copy of which is on file in the Cornwall Borough Hall, being marked and designated as “Lighting Handbook,” most recent edition, as published by the Illuminating Engineering Society of North America (IESNA), and referred to in this Chapter as “The IESNA Lighting Handbook,” is hereby adopted by reference and made a part hereof as if fully set out in this Article.

(Ord. 2002-9, 11/11/2002)