Plumstead Township City Zoning Code
PART 23
GENERAL REGULATIONS APPLICABLE TO ALL USES AND DISTRICTS
§ 27-2301 Lot Area or Yard Required.
[Ord. 01-09-18-1, 9/18/2001, § 2300]
The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot area shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
§ 27-2302 Minimum Lot Area.
[Ord. 01-09-18-1, 9/18/2001, § 2301]
Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser size than as specified in Parts 3 through 18.
§ 27-2303 Yard Requirements.
[Ord. 01-09-18-1, 9/18/2001, § 2302]
1.
No portion of a building or structure shall be built within the minimum depths of front, side or rear yards as specified in Parts 3 through 18, except as may be specifically permitted by the terms of this chapter. Driveways shall be permitted in front, rear and side yards.
2.
Lots having frontage on two or more streets shall have front yards adjacent to all street frontages, except in the VC and VR Districts. In the VC and VR Districts, the front yard shall be the yard which contains the front facade of the building. A front yard measurement in the VC and VR Districts is not required along an adjoining street where the front facade does not face.
[Amended by Ord. 2010-09, 11/3/2010, Art. VIII]
§ 27-2304 Exceptions to Minimum Lot Area and Width.
[Ord. 01-09-18-1, 9/18/2001, § 2303; as amended by Ord. 2003-08, 7/1/2003, Art. VIII; by Ord. 2010-09, 11/3/2010, Art. VIII]
1.
The provisions of Parts 3 through 18 shall not prevent the construction of a detached dwelling on any lot that was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, and provided that:
A.
Lots shall meet all requirements for water supply and wastewater disposal.
B.
The percentage of lot area covered by the detached dwelling shall not exceed 25% of the area of the lot.
C.
Lots must meet the front, rear, and side yard requirements as well as all other dimensional requirements for the district in which the lot is located.
2.
Lane lots may be permitted as an exception to the minimum lot width requirement at the building setback line as defined in § 27-202 of this chapter. A lane lot is a parcel of land which does not have the required minimum lot width at the minimum front yard line but has direct access to a public street through a narrow strip of land (lane) which is part of the same lot. The lot lines of the lane are parallel or nearly parallel and the design of lane lots shall meet the requirements of § 22-905 of Chapter 22, Subdivision and Land Development, of the Township Code, as amended, unless modified by the Board of Supervisors.
§ 27-2305 Accessory Buildings or Structures in Yards.
[Ord. 01-09-18-1, 9/18/2001, § 2304; Ord. 2003-08, 7/1/2003, Art. VII; Ord. 2010-09, 11/3/2010, Art. VIII; Ord. No. 2013-04, 11/26/2013; Ord. No. 2020-07, 11/10/2020; Ord. No. 2024-02, 10/9/2024]
In addition to the specific requirements for Use B14, Residential Accessory Structures, and Use I1, Nonresidential Accessory Structures, the following shall apply:
A.
No accessory buildings or structures shall be located in front yards except accessory buildings or structures for single-family detached dwellings on lots of three acres or greater where such accessory buildings or structures shall be permitted in front yards but shall not be located within the required minimum front yard setback.
B.
Detached garages, sheds, barns, pole buildings, pools or other similar accessory structures or buildings may occupy a required side or rear yard, but shall not be located closer than 10 feet to any side or rear property line. Wind energy systems, solar energy systems, geothermal systems, and outdoor wood-fired boilers shall not occupy a required side or rear yard.
C.
The following only applies to decks and/or patios which are less than three feet in height above ground level (exclusive from railings). In the R-5 Residential District, decks and/or patios may project not more than 10 feet into the required rear or side yards, but may not be located closer than 10 feet to the side and rear property lines. In the R-4 Residential District, decks and/or patios may project not more than 12 feet into the required rear yards but shall not extend closer than 18 feet to the rear lot line. In the R-3 Residential District, decks and/or patios may project into the minimum depth of the required rear yard but shall not extend closer than 10 feet to the rear lot line, provided that the rear lot line abuts open space and does not abut the lot line of an adjacent residential lot. In all other instances, decks and/or lot lines may project not more than 10 feet into the minimum depth of the required rear yard but shall not extend closer than 30 feet to the rear lot line.
§ 27-2306 Fences and Terraces in Yards.
§ 27-2307 Height.
[Ord. 01-09-18-1, 9/18/2001, § 2306; as amended by Ord. 2010-09, 11/3/2010, Art. VIII]
No building or structure shall exceed a height of 35 feet, except for church spires, belfries, silos, barns, water towers, wind generator towers, or flagpoles, provided they are not used for human occupancy. If a church spire, bellfry, silo, barn, water tower, wind generator tower, or flagpole is in excess of 35 feet in height, the structure shall be located 1.25 times the actual height from any other building on the subject property or the property line or as otherwise specified in this chapter. Any additional regulations of this chapter dealing with height, as well as regulations imposed by the requirements of Part 21, Airport Area Overlay Zone, shall apply.
§ 27-2308 Visibility at Corners: Clear Sight Triangles.
[Ord. 01-09-18-1, 9/18/2001, § 2307]
1.
Clear Sight Triangle at Street Intersections. On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, trees, shrubs or other growth shall be maintained that may impair visibility on a street by obscuring the view. A clear sight triangle of 25 feet measured along the curb or edge of cartway lines of intersecting streets shall be maintained, within which structures, vegetation, and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
2.
Clear Sight Triangle at Driveway Entrances. At each point where a private accessway or driveway intersects a street, a clear sight triangle of 10 feet measured from the point of intersection of the street line and the edge of the accessway shall be maintained, within which structures, vegetation, and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
§ 27-2309 Special Setbacks.
[Ord. 01-09-18-1, 9/18/2001, § 2308]
Special setbacks shall be considered to be larger yard requirements and as such shall not reduce or affect the base site area of a lot.
A.
Setbacks for Reverse Frontage Lots. Reverse frontage lots are through lots with the front yard along an internal street from which the lot takes access, and the rear yard along another street from which the lot has no access. Reverse frontage lots are also called "double frontage lots."
(1)
These setback requirements shall apply to all uses and principal structures on any reverse frontage lots, regardless of the type of street, and shall supersede the yard and setback requirements for the all zoning districts within which the lots lie.
(2)
The special setback shall be measured from the future right-of-way line of the streets to the principal structure.
(3)
For reverse frontage lots existing as of the effective date of this amendment, the following shall apply. Swimming pools and fences may be located closer to the right-of-way line on reverse frontage lots. Pools shall be set back a minimum of 12 feet from the future right-of-way line. A ten-foot buffer area planted with a dense evergreen screen and a fence shall be required for pools on reverse frontage lots. The dense evergreen screen shall be planted outside of the future right-of-way and shall consist of evergreen trees and shrubs that will constitute a planted buffer that cannot be seen through.
(4)
If a reverse frontage or double frontage lot is permitted to be created after the effective date of this chapter, the special setback from the rear of the lot shall be a minimum of 200 feet in width. A berm and a planted buffer with a minimum width of 75 feet shall be planted with vegetation types and plant densities as specified in by the buffer requirements of this chapter. Accessory structures shall not be placed within the seventy-five-foot buffer area, except for fences.
(5)
Special setbacks may not be used to meet minimum open space requirements.
B.
Setbacks from Resource Protected Lands. On lots that include lands with floodplains, wetlands, wetland margins, streams, watercourses, waters of the commonwealth, waters of the United States, or riparian buffers, the minimum building setback shall be measured from the limit of these resource protected lands rather than from the lot lines so that the required minimum yard is free of resource-restricted lands.
[Amended by Ord. 2010-09, 11/3/2010, Art. VIII]
§ 27-2310 Noise.
[Ord. 01-09-18-1, 9/18/2001, § 2309; amended by Ord. No. 2023-02, 2/14/2023]
1.
The sound level of any operation (other than the operation of motor vehicles or other ground transportation facilities on public highways, emergency alarm signals, or time signals) shall not exceed the levels designated below. The sound-pressure level shall be measured by a device meeting the most recent specifications as published by the American National Standards Institute ("ANSI"). ANSI-approved equipment shall also be used to calibrate any device with which the readings are taken.
2.
Sound-pressure levels in decibels, as measured at or beyond the property line upon which the emission occurs, shall not exceed the levels listed below for smooth and continuous noise. For pulsating or repetitive sounds, the permissible levels shall be reduced by five decibels in each octave band.
Octave Band in HZ Cycles per Second | Along Property Lines Zoned For: | |
|---|---|---|
Residential or Agriculture (decibels) | Nonresidential (decibels) | |
63 | 60 | 72 |
125 | 54 | 67 |
250 | 47 | 59 |
500 | 41 | 52 |
1,000 | 37 | 46 |
2,000 | 34 | 40 |
4,000 | 31 | 34 |
8,000 | 28 | 32 |
A.
Any individual who files a complaint regarding a potential noise violation must cooperate with the Township and the Plumstead Township Police Department in prosecuting said violation, including, but not limited to, testifying in court regarding the same.
B.
Measurements can also be taken with approved equipment in weighted terms, with limits as shown below, as long as none of the levels listed for each frequency band listed above are exceeded, with the same provisions applicable for pulsating or repetitive sounds.
dBA | 46 | 56 |
§ 27-2311 Smoke.
[Ord. 01-09-18-1, 9/18/2001, § 2310]
No smoke or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart, as published by the U.S. Bureau of Mines, shall be emitted from any chimney, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty-minute period.
§ 27-2312 Storage and Waste Disposal.
[Ord. 01-09-18-1, 9/18/2001, § 2311]
The following requirements shall apply to all uses:
A.
No highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground, except in tanks or drums of fuel and having a maximum capacity of 3,000 gallons directly connected to energy devices, heating devices or appliances located and operated on the same lot as the tanks or drums of fuel. This requirement shall not apply to facilities that sell consumer fireworks pursuant to Pennsylvania Act 43 of 2017.[1]
[Amended by Ord. No. 2018-06, 9/11/2018]
B.
All outdoor storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by a secure fence with a minimum height of six feet. A spill containment facility approved by the United States Environmental Protection Agency and/or Pennsylvania Department of Environmental Protection shall be provided.
C.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces. No substance that can contaminate a stream, watercourse, groundwater, or otherwise render such stream, watercourse, or groundwater undesirable as a source of water supply or recreation, or will destroy aquatic life, shall be allowed to enter any stream, watercourse, or groundwater supply. Disposal of sewage, seepage or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection.
D.
All materials or wastes that might cause fumes or dust, that constitute a fire hazard, or that may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
E.
No lot may be used for open dumping of trash, garbage, or rubbish. No lot may be used for the storage, keeping, or abandonment of junk or scrap materials or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or parts thereof, except as may be permitted by specific uses under the terms of this chapter.
§ 27-2313 Dust, Fumes, Vapors, Odors and Gases.
[Ord. 01-09-18-1, 9/18/2001, § 2312]
1.
The emission of dust, dirt, fly ash, fumes, vapors or gases that can cause damage to human health, animals, vegetation, or property or can cause soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is prohibited.
2.
No emission of liquid or solid particles from any chimney or other source shall go beyond the lot line of the use creating the emission.
3.
No use shall emit odorous gases or other odorous matter in such quantities as to be detectable at any point on or beyond its lot lines or in a manner, location, or quantity that creates an annoyance to neighboring properties.
§ 27-2314 Heat.
[Ord. 01-09-18-1, 9/18/2001, § 2313]
No use shall produce heat perceptible beyond its lot lines.
§ 27-2315 Application of Nuisance Standards.
[Ord. 01-09-18-1, 9/18/2001, § 2314]
1.
Any use established or altered and any building, structure or land developed, constructed or used for any use or any accessory use thereto shall comply with all the nuisance standards herein set forth.
2.
If any existing use or building or other structure is extended, enlarged or reconstructed, the nuisance standards herein set forth shall apply to such extended, enlarged or reconstructed portion or portions of such use, building or other structure.
3.
Determinations necessary for administration and enforcement of nuisance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
A.
Where determinations can be made by the Zoning Officer or other Township employees using equipment normally available to the Township or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
B.
Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of nuisance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of nuisance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.
C.
If the Zoning Officer finds, after making determinations in the manner set forth in this chapter, that there is a violation of the nuisance standards set forth herein, the Zoning Officer shall take or cause to be taken lawful action to cause correction to within the limits established by such nuisance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of this Part as permitted by this chapter and the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 27-2316 Wastewater Disposal.
[Ord. 01-09-18-1, 9/18/2001, § 2315; as amended by Ord. 2008-14, 10/7/2008]
1.
All sanitary sewage collection and disposal systems shall meet the requirements and procedures of the Plumstead Township Sewage Facilities Plan, the Bucks County Department of Health, the Pennsylvania Department of Environmental Protection, and, where applicable, the standards and requirements of the Bucks County Water and Sewer Authority (BCW&SA).
2.
Connection to public sewerage facilities provided by the Bucks County Water and Sewer Authority shall only be permitted within the Sanitary Sewer Service Area of the Bucks County Water and Sewer Authority, as shown on the map dated January 24, 2008, incorporated in the Order of the Bucks County Court of Common Pleas dated March 27, 2008, approving the Stipulation and Settlement Agreement dated August 22, 2007.[1]
3.
No public sewer or sewage pump stations shall be permitted except within the Sanitary Sewer Service Area of the Bucks County Water and Sewer Authority. No community sewage systems or community sewage treatment plants shall be permitted.
4.
Single-family, small-flow treatment facilities shall be permitted within the Bucks County Water and Sewer Authority Sewer Service District where, in the opinion of the Township, public sewer facilities are not available and an individual on-lot, in-ground system is not feasible.
§ 27-2317 Historic Resources Preservation.
[Ord. 01-09-18-1, 9/18/2001, § 2316; as amended by A.O.]
The purpose of this section is to fulfill the requirement of Section 603(g)(2) of the Pennsylvania Municipalities Planning Code[1] to protect historic resources. The Township's historic resources have been studied and evaluated by the Township, and this chapter seeks to protect those resources. The following regulations shall apply to all applications for zoning permits, subdivisions, and land developments.
A.
The applicant shall indicate whether or not any historic structures or resources identified in the inventories and maps made by the Township and the Heritage Conservancy are included within the project site for which development approval is sought. Files of these inventories and maps are available at the Municipal Building.
B.
Any such sites shall be shown on the plans, with a description of the historic resource.
C.
Any building or structure that has been identified by the Township inventories, referenced above, as having national, state, or local architectural or historic significance shall be preserved unless the applicant can demonstrate that it is in irreparable condition and cannot be used. Documentation of its condition is required in accordance with this section.
D.
If a subdivision or land development is proposed for the site of any structure identified in the Heritage Conservancy Survey, referenced above, as having national, state, or local architectural or historic significance, the lot lines of the proposed subdivision or land development shall be drawn so as to preserve the historic context of the building, including its outbuildings, with adequate setbacks. The Board of Supervisors may permit the alteration of lot sizes or setbacks on other proposed lots within the same development in order to allow adequate land area and setbacks to preserve the historic character of historic resources, without increasing the overall permitted density on the site. Adequate land areas and setbacks mean providing a site sufficient to protect the real estate values of the historic resource to the extent that investment in the restoration and continued maintenance can be ensured.
E.
Buildings within the VC and VR Zoning Districts shall not be demolished unless the applicant has demonstrated that the buildings cannot be adapted and used for the use intended or for any other appropriate use.
(1)
Where demolition is determined to be acceptable, the redevelopment of the property shall be undertaken in a manner which preserves the character, front yard setback, and design of the building removed, notwithstanding the front yard setback that may apply within the applicable zoning district.
(2)
New or reconstructed structures shall maintain the setback of the original building and shall maintain the architectural style, scale, bulk, and design of the original building.
F.
In addition to the applicable requirements under Chapter 5, Code Enforcement, and Chapter 7, Fire Prevention and Protection, of the Township Code, any applicant seeking a permit to demolish an identified historic resource shall provide a site plan and file a written application stating the following with regard to that historic resource.
(1)
Owner of record.
(2)
Site plan showing all buildings, structures, foundations, walls, ruins, historic trees and any other features.
(3)
Recent interior and exterior photographs of the resource proposed for demolition.
(4)
Explanation of the reasons for demolition.
(5)
Proposed method of demolition.
(6)
Future proposed uses of the site and the materials from the demolished resource.
G.
No permit for demolition of an historic resource in the Township shall be recommended unless the applicant provides a certified engineering report regarding structural stability of the resource that would indicate threats to public safety.
H.
Passive demolition or demolition by neglect of historic resources will not be used as an excuse by an applicant as justification for an active demolition application. Demolition by neglect shall be considered to be the readily observable deterioration of a structure due to lack of routine maintenance, which has detrimental effect upon the character, stability, or structural integrity of the resource thereby constraining or negating the structure's ability for rehabilitation or reuse.
[1]
Editor's Note: See 53 P.S. § 10603(g)(2).
§ 27-2318 No Guarantee of Lot Yield or Development.
[Ord. 01-09-18-1, 9/18/2001, § 2317]
This chapter contains standards for lot sizes, building coverage, and density that should not be construed as guarantees that a certain number of dwelling units or amount of development can be accommodated on any individual site. Site constraints and other chapter requirements will all have an effect on the actual development potential.
§ 27-2319 Impact Studies.
[Ord. 01-09-18-1, 9/18/2001, § 2318]
1.
Traffic Impact Studies. Traffic impact studies shall be provided as required by Chapter 22, Subdivision and Land Development, of the Township Code, and shall be submitted with all applications for zoning changes and conditional uses at the time application is made. The Board of Supervisors may, at its sole discretion, waive the requirement for conditional use traffic studies if the applicant can demonstrate that a study is unnecessary for the use applied for. Any study shall be conducted in accordance with the requirements of Chapter 22.
2.
Water Impact Studies. A water impact study shall be provided as required by Chapter 22, Subdivision and Land Development, of the Township Code, and shall be submitted with all applications for zoning changes and conditional uses at the time application is made. The Board of Supervisors may, at its sole discretion, waive the requirement for conditional use water impact studies if the applicant can demonstrate that a study is unnecessary for the applied-for use. Any study shall be conducted in accordance with the requirements of Chapter 26, Part 2, Wells, of the Township Code.
§ 27-2320 Lighting.
[Ord. 01-09-18-1, 9/18/2001, § 2319; as added by Ord. 2003-13, 11/18/2003, Art. I; by Ord. 2004-07, 12/7/2004; and by Ord. 2005-05, 6/21/2005]
1.
Findings, Purpose and Intent.
A.
Adequate, effective lighting of streets, buildings, parking lots and other facilities is important for comfort, safety, security and commerce. Wasteful, inefficient, glary or inappropriate lighting, however, is a significant environmental problem. Excessive lighting wastes energy, intrudes upon neighboring properties, is a nuisance to pedestrians, cyclists and motorists on adjacent roadways, disturbs wildlife habitats, impairs human experience of the night sky. and negatively affects the quality of life of our communities.
[Amended by Ord. 2017-05, 11/28/2017]
B.
Through these regulations, the Township wishes to manage outdoor lighting so that its safety, security and economic benefits are maintained while minimizing dangerous glare, energy waste, light pollution and light trespass.
C.
The following requirements for outdoor lighting installations promote public safety and welfare during nighttime while minimizing the adverse effects of glare and light trespass often associated with outdoor lighting. Outdoor lighting should be used only where needed, used only when needed, and only that type of lighting which is necessary and proper should be used. This section is intended to implement these principals of good lighting design by regulating the aiming, shielding, height, illumination levels, operating hours and other aspects of outdoor lighting so that Township residents may continue to enjoy the highest quality of life.
[Amended by Ord. 2017-05, 11/28/2017]
2. BUG RATING CORRELATED COLOR TEMPERATURE (CCT) CUTOFF ANGLE DIRECT LIGHT FIXTURE or LIGHT FIXTURE FLOOD OR SPOT LIGHT FOOTCANDLE FULLY SHIELDED LIGHTS GLARE HEIGHT OF LUMINAIRE ILLUMINANCE ILLUMINATION INDIRECT LIGHT LAMP LIGHT-EMITTING DIODE (LED) SOLID STATE LIGHTING LIGHT LOSS FACTOR (LLF) LIGHT TRESPASS LUMEN LUMINANCE LUMINAIRE LUMINAIRE, CUTOFF LUMINAIRE, FULL CUTOFF LUMINAIRE, FULLY SHIELDED LUX NIGHTTIME OUTDOOR LIGHTING OUTDOOR LIGHTING, TEMPORARY
Definitions. Unless specifically defined below, words and phrases used in this section shall be interpreted to have common English usage, to give effect to the purposes set forth in Subsection 1 above and to provide reasonable application of this section. As used in this section, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
[Amended by Ord. 2010-09, 11/3/2010; by Ord. 2017-05, 11/28/2017]
The IES designation of a luminaire's light distribution in three directions: B = Backwards, U = Upwards (90° and above), G = Glare Zone Forward (80° to 90°).
The color temperature of the light source measured in degrees Kelvin. High CCT, e.g., 6000K, indicates cold white light, low CCT, e.g., 3000K, indicates warmer light in the red end of the spectrum.
Of a luminaire, the angle, measured up from the nadir, between the vertical axis and the first line of sight at which the bare source is not visible.
Light emitted directly from the lamp or off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.
See "luminaire."
Any light fixture or lamp that incorporates a reflector or a refractor to concentrate light output into a directed beam in a particular direction.
A unit of illuminance. One footcandle is one lumen per square foot (1m/ft2) of incident light.
Outdoor light fixtures shielded, aimed, mounted or constructed in such a manner that all light emitted by the fixture, either directly or from the lamp or a diffusing element or indirectly by reflection or refraction, is projected below the horizontal plane through the fixture's lowest light emitting part as certified by a photometric test report.
The sensation produced by the luminances within the visual field that is sufficiently greater than that to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance or visibility. Unlike illuminance, glare does not decrease as viewing distance from sources increase, only apparent size of the source of glare decreases with increased viewing distance.
The height of a luminaire shall be the vertical distance from finished grade directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.
The quantity of incident light measured in footcandles or lux.
An alternative term for illuminance. Commonly used in a qualitative or general sense to designate the act of illuminating or the state of being illuminated.
Direct light that has been reflected or has scattered off of other surfaces.
The component of a luminaire that produces light. A generic term for a man-made source of light, i.e., a light bulb.
The latest light source to be used for outdoor lighting, featuring improved efficacy and directional control and longer life.
The ratio of illuminance for a given area to the value that would occur if lamps operated at their initial rated lumen output and if no system variation or depreciation had occurred.
The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
A standard unit of luminous flux. Photometrically, it is the luminous flux emitted within a unit solid angle (one steradian) by a point source having a uniform luminous intensity of one candela. One footcandle is one lumen per square foot. For the purposes of this section, the lumen-output values shall be the initial lumen output ratings of a lamp, as specified by the manufacturer of the lamp.
The physical and measurable quantity corresponding to the brightness of a surface in a specific area from which light is emitted or reflected (e.g., lamp, luminaire, reflecting material). Can be measured in candelas per square meter (cd/m2) or footlamberts.
A complete lighting unit consisting of one or more lamps together with the fixture, other parts designed to control the light distribution and other mechanical and electrical components.
A luminaire whose light distribution at or above an angle of 90° above nadir does not numerically exceed 25 candela per 1,000 lamp lumens (2.5%), and does not numerically exceed 100 candela per 1,000 lamp lumens (10%) at or above a vertical angle 80° above nadir. This applies to all lateral angles around the luminaire.
A luminaire whose light distribution at or above an angle of 90° above nadir has zero candela intensity and does not numerically exceed 100 candela per 1,000 lamp lumens (10%) at or above a vertical angle 80° above nadir. This applies to all lateral angles around the luminaire.
A luminaire whose light distribution at or above an angle of 90° above nadir has zero candela intensity but which does not have a glare zone restriction.
The standard unit of illuminance. One lux is one lumen per square meter (1m/m2) and the nominal equivalent at 0.1 footcandle.
The hours between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends in the evening when the center of the sun's disk is 6° below the horizon and begins in the morning when the center of the suns disk is 6° below the horizon.
The nighttime illumination of an outside area or object by any man-made device that produces light by any means regardless of whether the actual source of the light is outside or within a structure.
Outdoor lighting that is used for a period of less than seven days, with at least 180 days passing before being used again or used annually for a period of 30 days or less.
3.
Applicability. The requirements of this section shall apply to all outdoor lighting installations as follows:
A.
Outdoor lighting installations that are designed, constructed, erected or otherwise placed into operation after the effective date of this section.
B.
Alterations, rehabilitations, or renovations to existing outdoor lighting installations, which are commenced with after the effective date of this section, and which involve the replacement of at least 50% of an existing lighting system with a new lighting system.
C.
Nonapplicability. The requirements of this section shall not apply to outdoor lighting installations operating before the effective date of this section, except for any lighting installation that creates a safety hazard as deemed by the Township. Routine maintenance of these preexisting outdoor lighting installations shall not have to comply with the requirements of this section. Routine maintenance includes the following:
[Amended by Ord. 2017-05, 11/28/2017]
D.
Exemptions. The requirements of this section shall not apply in the following circumstances:
(1)
Where superseded by state or federal law.
(2)
Temporary emergency lighting used by police, fire, emergency medical services, public works or other public safety services.
(3)
Hazard/warning lights required by state or federal regulations, except that all luminaires used must be red and must be shown to be as close as possible to the minimum lumen output required for that specific task.
4.
Adoption by Reference.
A.
Adoption. Plumstead Township hereby adopts, for the purpose of establishing rules and regulations for the construction, alteration, design, layout, installation and use of outdoor lighting, the specifications laid out in the "IESNA Lighting Handbook," Tenth Edition, published by the Illuminating Engineering Society of North America ("IESNA"), and hereby incorporates such recommended practices as fully as if set forth at length herein, save and except such portions as are herein after deleted, modified or amended. From the date on which this section shall take effect, the provisions thereof shall be controlling in the design, construction and operation of all outdoor lighting within Plumstead Township.
[Amended by Ord. 2017-05, 11/28/2017]
B.
Amendments. The recommended practices of the Lighting Handbook hereby adopted are amended as follows:
(1)
All the recommendations made in the Lighting Handbook shall be considered mandatory requirements. For the purposes of this section, the words "should," "may," "can't," etc., shall be read as "shall" or "must," the words "recommend" or "recommendation" shall be read as "require" or "requirement," the phrase "it is recommended" shall be read as "it is required," and the phrase "it is not recommended" shall be read as "it is prohibited."
(2)
Future amendments to the recommended practices of the Lighting Handbook shall become a part of this section without further action by the Township.
(3)
Where the Lighting Handbook provides for alternatives, this section requires that the safest alternative, as determined by the Township, be used.
C.
General Design Requirements. The design calculations for outdoor lighting installations shall be in accordance with the Lighting Handbook. This includes, but is not limited to, technical definitions, terminology, calculation methods and procedures, photometric classifications and photometric testing procedures. Illuminance selection should be based on the usage of the area to be illuminated, the level of activity and nighttime security requirements.
D.
Illumination Levels. Illumination shall have intensities and uniformity ratios in accordance with the current recommended practices of IESNA as contained in the Lighting Handbook.
5.
General Regulations.
A.
LED Source Correlated Color Temperature (CCT). The correlated color temperature of all exterior lighting, unless otherwise specifically approved by the Township, shall have CCT ratings not exceeding 3000K, with the following exceptions:
[Amended by Ord. No. 2017-05, 11/28/2017; and by Ord. No. 2023-02, 2/14/2023]
(1)
Commercial Sales Facilities. For commercial applications where the merchandising of products necessitates accurate product color rendition, e.g., new and used automobile sales, the Township may permit the use of sources of an LED rating that does not exceed 4000K, if view of the light source output would be judged not to create potential glare as viewed from adjacent properties or roadways.
(2)
Street and Roadway Lighting. Residential streets shall employ LED sources with a CCT rating not exceeding 2700K. Commercial and industrial roadways shall employ LED sources that do not exceed 3000K.
(3)
Residential Properties. The CCT rating of any and all exterior lighting on residential properties when visible from an adjacent property, whether wall-, post-, or ground-mounted, shall not contain LED sources with a rating exceeding 2700K.
(4)
Recreation Lighting. The CCT for recreation lighting on residential properties shall not exceed 3000K. The allowed CCT for sports facility lighting shall be limited to 3000K when visible from a residential use.
B.
Floodlights and spotlights, when permitted by the Township, shall be installed and/or aimed so that they do not project their output at neighboring residences, adjacent uses, directly skyward or onto a roadway.
[Amended by Ord. 2017-05, 11/28/2017]
C.
Except as otherwise permitted in this section, all lighting fixtures shall meet IESNA full cutoff criteria. No lighting shall be permitted that results in glare beyond the boundaries of the property upon which the luminaire is located.
D.
Except as otherwise permitted in this section, fixtures meeting IESNA fully shielded criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA "fully shielded" criteria, when permitted by the Township, shall not be mounted in excess of 16 feet above finished grade.
[Amended by Ord. 2017-05, 11/28/2017]
E.
Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Township. The use of searchlights, flashing strobe lights and laser lights is prohibited.
F.
Unless the Board of Supervisors specifically approves all-night lighting (e.g., for safety and/or security or all-night facility operations), outdoor lighting shall be controlled by an astronomical dial time clock with battery or capacitor backup for daylight saving time and seasonal changes and power outage compensation to extinguish lighting no later than 11:00 p.m. and dawn, or for facilities that remain open after 11:00 p.m., within one hour after closing.
[Amended by Ord. 2017-05, 11/28/2017]
G.
Where all-night safety and/or security lighting is proposed, such lighting shall not be derived from more than 25% of the fixtures providing the normal illumination or shall be dimmed to 25% light output. All-night safety or security lighting includes the following:
[Amended by Ord. 2010-09, 11/3/2010; by Ord. 2017-05, 11/28/2017]
(1)
Lighting Essential for the Deterrents of Break-Ins. This type of lighting is limited to exterior door locations.
(2)
Lighting Controlled by Motion Sensors/Detectors. This type of lighting is to be used to deter vandalism and theft and shall be placed in locations where the sensors will not be tripped on a reoccurring basis and shall be installed and/or aimed so that they do not project their output at neighboring residences, adjacent uses, directly skyward or onto a roadway.
(3)
Lighting Used in Conjunction with Surveillance Cameras. This type of lighting is limited to illuminating automatic teller machines, deposit boxes, building entrances and parking lots/driveway entrances. Fixtures used for this type of lighting shall be designed, fitted and aimed so as to not project their output beyond the objects intended to be illuminated.
H.
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.
I.
Electrical feeds for lighting standards shall be run underground.
J.
Lighting standards located directly behind perpendicular parking spaces shall be placed a minimum of five feet behind face of curb or tire stop or on concrete pedestals at least 30 inches high above pavement, or shall be suitably protected by other means approved by the Township.
[Amended by Ord. 2017-05, 11/28/2017]
K.
Fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this section.
6.
Requirements for Outdoor Area and Roadway Lighting Installations.
A.
This subsection applies to the following:
(1)
All outdoor lighting installations employed for nighttime area illumination of parking lots, car sales lots, yards, roadways, streets, driveways, walkways, bikeways, cartways, entry ways, and similar areas or lots; and
(2)
All outdoor lighting installations on any property within the Township, except any lot developed with one single-family dwelling or being used as a farm.
B.
Use of Fully Shielded Luminaires Required. All luminaires employed in outdoor area and roadway lighting installations shall be fully shielded.
[Amended by Ord. 2017-05, 11/28/2017]
(1)
The candlepower distribution classification of the luminaire as a full cutoff type shall be in accordance with the IES Lighting Handbook. The manufacturer of the luminaire shall provide certification of the fully shielded classification (U=0) based on photometric testing performed in accordance with the Lighting Handbook and the applicable testing procedures referenced therein. The requirement for the use of fully shielded luminaire type shall include, but is not limited to, the following outdoor area and roadway lighting configurations:
(2)
Full cutoff luminaires shall be mounted plumb and level in accordance with the intended application of their design. For the purposes of this requirement, the photometric nadir of the luminaire (zero-degree vertical angle of the candlepower distribution) shall be oriented plumb, and the vertical angle of 90° above nadir (horizontal) shall be oriented level. Full cutoff luminaires shall not be installed in a canted or tilted position which permits candlepower distribution above the horizontal.
(3)
Luminaires that do not meet the strict definition for fully shielded luminaires, yet employ advanced or alternative technology which causes the photometric performance to approach that of fully shielded luminaires, may be approved by the Township on a case-by-case basis. Such luminaires include, but are not limited to, period-style luminaires with refractive globes and internal cutoff reflectors. At a minimum, all period-style decorative luminaires, when their use is approved by the Township for a specific application, shall be fully shielded luminaires.
C.
Maximum Illuminance at Property Line.
(1)
The following Table lists the maximum permitted illuminance levels, from all sources, that can be projected onto an adjacent property.
Table 27-2320.6.C(1) | ||
|---|---|---|
Maximum Illuminance Levels Permitted at Property Lines Produced by Outdoor Area Lighting Installations | ||
Maximum maintained illuminance level permitted at property line (measured at 5-foot AFG in vertical footcandles) | Maximum maintained illuminance level permitted at property line (measured at 5-foot AFG in vertical lux) | |
Property line adjoins a public roadway or public right-of way | 0.5 | 5.4 |
Property line adjoins a nonresidential property | 0.2 | 2.2 |
Property line adjoins a residential property | 0.1 | 1.1 |
(2)
Exceptions to the requirements listed in Table 27-2320.6.C(1).
(a)
Outdoor roadway lighting installations intended for the nighttime illumination of public roadways, streets, highways, alleys, cartways, and the like.
(b)
Designated vehicular, cyclist, and pedestrian entries/exits between properties and public roadways, streets, highways, alleys, cartways, and the like, provided that the excepted area of illumination [maintained illuminance levels at grade higher than permitted in Table 27-2320.6.C(1)] is limited to the said property and the adjoining pavement and right-of-way of public roadways, streets, highways, alleys, cartways, and the like. The excepted area of illumination shall not extend beyond 50 feet from the center line of the designated entry/exit in any direction along the property line(s) of the said property.
D.
Illumination Under Outdoor Canopies. All outdoor lighting installations which illuminate the area under outdoor canopies shall comply with the requirements of this subsection. All such canopy lighting shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be level with or below the light source. Canopies themselves may not be illuminated, however, with the exception of the portion which is classified as a sign. Outdoor canopies include, but are not limited to, the following applications:
7.
Outdoor Sports and Recreational Lighting. The outdoor lighting of sports and recreational facilities, in conjunction with Uses C7, Municipal Uses and Buildings, D1, Public Recreational Facility, and D2, Commercial Recreational Facility, is allowed by special exception in the R-5, C-2 and C-3 Zoning Districts. The outdoor lighting of sports and recreational facilities in conjunction with other uses or in other zoning districts is strictly prohibited. These regulations apply to all sports and recreational facilities including, but not limited to, ball fields, ballparks, stadiums, tennis courts, basketball courts, soccer fields, recreation fields, swimming pools, skating rinks, golf driving ranges, golf courses, firearm shooting facilities and the like. Where permitted, the outdoor lighting of sports and recreational facilities shall comply with the following requirements:
A.
The requirements of this subsection apply to all outdoor lighting installations employed for nighttime area illumination of sports and recreational facilities. All sports and recreational facilities shall be illuminated with the following two systems:
(1)
Performance Area Lighting. This is the lighting directed upon the field, court, rink, etc., to illuminate the sports/recreational activity taking place upon/within that facility. The maximum permitted post height for the performance area lighting is 60 feet. Post height shall be limited to minimum height necessary to meet the performance area lighting needs of that specific sports/recreational use as determined by the Township.
(2)
General Area Lighting. This is a low-level lighting system used to facilitate pedestrian circulation, patrons leaving the facility, cleanup, nighttime maintenance, etc. General area lighting shall meet all the requirements for outdoor area and roadway lighting installations listed above in Subsection 6.
B.
Use of Full Cutoff Luminaries Required. All luminaires employed in outdoor sports and recreational lighting installations shall be the full cutoff luminaire type unless the performance area lighting needs of the sports/recreational use cannot be met through the use of full cutoff luminaires, as determined by the Township.
C.
Use of Glare Shields Required For Noncutoff Luminary Types. Where noncutoff luminaires, such as floodlights, are specifically permitted by the Township for performance area lighting, the luminaires shall be equipped with glare shields, visors, barn doors or other similar shielding accessories as required to meet the following criteria:
[Amended by Ord. 2010-09, 11/3/2010, Art. VIII]
D.
Maximum Maintained Illuminance Levels. The maximum maintained illuminance levels permitted at the property line(s) during the nighttime produced by the sum of all outdoor sports and recreation lighting installation on a lot shall meet the requirements of the Table at § 27-2320.6.C(1).
[Amended by Ord. 2010-09, 11/3/2010; by Ord. 2017-05, 11/28/2017]
E.
Design Submittal and Approval Requirements. The design for all outdoor sports and recreation lighting installations shall be submitted for review and approval by the Township. The submission shall include a visual impact plan that demonstrates appropriate steps have been taken to prevent or mitigate glare on-site, off-site, as viewed by drivers on adjacent streets, and so as to retain the intended character of the general vicinity of the site. This submission may also require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.
F.
All outdoor sports and recreation lighting shall be extinguished between 9:00 p.m. and 7:00 a.m. on Sunday through Thursday nights, and between 11:00 p.m. and 7:00 a.m. on Friday and Saturday nights and nights preceding federal holidays. In addition, the performance area lighting shall be turned off no more than 30 minutes after the end of the event or use of the sports-recreational facility.
[Amended by Ord. 2010-09, 11/3/2010, Art. VIII]
G.
Golf driving ranges, golf and miniature golf courses, firearms shooting facilities, batting cages and racetracks shall not be artificially lit and shall not be permitted to operate in the Township during the nighttime hours.
[Amended by Ord. 2010-09, 11/3/2010, Art. VIII]
8.
Requirements for Outdoor Sign Lighting, Outdoor Lighting of Facades of Buildings and Structures and Outdoor Landscape Lighting.
A.
Applicability of Requirements. The requirements of this subsection apply to all outdoor lighting installations employed for the nighttime illumination of signs, billboards, the facades of buildings and structures, fountains, trees, shrubs, vegetation and the like.
B.
Use of Full Cutoff Luminaries Required. All luminaires employed in outdoor lighting of signs, facades and landscape shall be of the full cutoff luminaire type, unless the lighting needs of the signs, facades or landscaping cannot be met through the use of full cutoff luminaires, as determined by the Township.
C.
Use of Glare Shields Required for Noncutoff Luminaire Types. Where noncutoff luminaires such as floodlights are used to meet the lighting design objectives for outdoor sign, billboard, facade and/or landscape lighting, the luminaires shall be equipped with glare shields, visors, barn doors and other similar shielding accessories as required to ensure that the candlepower distribution from all lighting installations shall be cut off from at all angles beyond those required to restrict direct illumination to within the perimeter of the object being illuminated.
[Amended by Ord. 2010-09, 11/3/2010, Art. VIII]
D.
Externally illuminated signs, billboards and facades shall be lighted by fixtures mounted at the top of the sign and aimed downward.
E.
Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting shall be designed, fitted and aimed so as not to project their output beyond the objects intended to be illuminated.
F.
All outdoor lighting falling under the requirements of this subsection shall be extinguished between 11:00 p.m. and 7:00 a.m. This restriction does not apply to nonresidential uses that are open between the hours of 11:00 p.m. and 7:00 a.m., in which case the lighting must be extinguished when the nonresidential use is closed.
9.
Requirements for Residential and Farm Outdoor Lighting.
A.
Applicability of Requirements. The requirements of this subsection apply to all outdoor lighting installations located on residential lots developed with a single-family dwelling, a two-family dwelling, or a farm. Luminaries with an aggregate rated output of a standard forty-watt incandescent lamp (i.e., 500 lumens), are exempt from the requirements of this subsection.
B.
Use of Glare Shields Required for Non-Fully-Shielded Luminaire Types. All non-fully-shielded luminaires, such as floodlights, shall be equipped with glare shields, visors, barn doors, or other similar shielding accessories as required to meet the following criteria.
[Amended by Ord. 2017-05, 11/28/2017]
(1)
For area lighting applications, the light output from all luminaires shall be fully shielded at and above the horizontal (level).
(2)
For all other applications, light output from all luminaires shall be fully shielded at all angles beyond those required to restrict direct illumination to within the area or surface being illuminated.
10.
Temporary Outdoor Lighting.
A.
Applicability of Requirements. The requirements of this subsection apply to all outdoor lighting installations which are employed on a temporary basis not exceeding 30 days in duration. Temporary lighting installations include, but are not limited to, seasonal or holiday displays, carnivals, community fairs, traveling circuses and the like.
[Amended by Ord. 2010-09, 11/3/2010, Art. VIII]
B.
Use of Glare Shields Required for Non-Fully-Shielded Luminaire Types. All non-fully-shielded luminaires such as floodlights, shall be equipped with glare shields, visors, barns, or other similar shielding accessories as required to meet the following criteria.
[Amended by Ord. 2017-05, 11/28/2017]
(1)
The light output from all lighting installations shall be fully shielded at all angles beyond those required to restrict direct illumination to within the perimeter of the area, surface, object or feature being illuminated.
11.
Maximum Permitted Illumination.
A.
Total outdoor light output for all uses other than B1, Single-Family Detached Dwellings; B4, Two-Family Dwellings; or A1, General Farming, shall not exceed the lumens per acre set forth in Table 27-2320.11.B. The values in this table are the upper limits. The property owner shall only install those fixtures necessary to meet the minimum outdoor lighting needs of the use. Performance area lighting systems discussed under outdoor sports and recreational lighting are excluded from this lumen/acre cap requirement.
B.
Sites/properties improved with only full cutoff and/or cutoff fixtures shall comply with the first row of the following Table. Sites/properties improved with only noncutoff fixtures shall comply with the second row of the following Table. Where there are both cutoff (full cutoff and cutoff) and noncutoff fixtures on a property, the maximum allowed lumens per acre shall be calculated twice, once for the total of all fixtures and once including only the noncutoff fixtures. In such a case, the maximum lumens per acre must meet both requirements.
Table 27-2320.11.B Maximum Allowed Lumens/Acre by Fixture Type | |||
|---|---|---|---|
Fixture Shielding | Zoning District | ||
C-1, C-2, C-3, VC, LI, and Q (lm/ac) | AP, RO, R-1, R-2, R-3, R-4, R-5, VR, and MHP (lm/ac) | RP (lm/ac) | |
Total for All Fixtures | 100,000 | 50,000 | 5,000 |
Noncutoff Fixtures | 10,000 | 10,000 | 1,000 |
C.
Total outdoor light output for B1, Single-Family Detached Dwellings; B4, Two-Family Dwellings; or A1, General Farming Uses, shall not exceed 10,000 total lumens for all fixtures or the amount allowed under Table 27-2320.11.B, whichever is greater.
12.
Lighting Plan. The design for all proposed outdoor area and roadway lighting installation shall be submitted for review to and approval by the Township prior to issuance of a zoning permit and construction of the outdoor lighting installation. The lighting plan shall include all the information necessary for the Township to ensure that the outdoor lighting complies with the requirements of this section and shall conform with the requirements of Chapter 22, Subdivision and Land Development, of the Township Code.
[Amended by Ord. 2017-05, 11/28/2017]