ORDINANCE NO

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF KENNETT TOWNSHIP, ORDINANCE NO. 50, BY MODIFYING (1) LOADING AND UNLOADING STANDARDS AND (2) LIGHTING STANDARDS.

The Board of Supervisors of Kennett Township hereby enacts and ordains the Zoning Ordinance of Kennett Township, Ordinance No. 50, as adopted November 1, 1988, as amended, be amended further as follows:

Cutoff Angle - The angle between a horizontal line through the lamp center and the line of sight at which the lamp first becomes visible as viewed from normal viewing angles.

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

Glare - The sensation produced by lighting that causes an annoyance, discomfort, or loss in visual performance and visibility to the eye.

Lumen - Unit used to express the light output of a lamp or fixture. The number of lumens striking a square foot of task area determines the footcandle level (lumens per square foot).

Lux - A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per footcandle.

Amend Article XIV, DESIGN STANDARDS, Section 1403 by deleting in its' entirety and replacing with the following:

SECTION 1403 LOADING AND UNLOADING STANDARDS

The following standards shall apply to any use, building, or structure which requires delivery and/or distribution of materials by truck or similar vehicle and to the expansion of such existing uses, buildings, or structures.

Ordinance No. 140

1. Loading areas for all uses shall be completely on site and shall not occupy any street right-of-way. Loading and unloading spaces and access lanes shall be designed to prevent delivery vehicles from extending onto a public road.

2. Loading areas shall be designed so as not to interfere with vehicular and pedestrian circulation or occupy parking spaces, traffic lanes within parking areas, or driveways.

3. Loading and unloading spaces shall not be used in the calculation of off-street parking space requirements. Required off-street parking spaces cannot substitute for loading berths.

4. No storage of any kind, other than parking of trucks, nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading area.

Required off-street loading spaces shall be provided as specified below on any lot on which a business or industrial building exceeds the square footage of gross floor area noted in the following tables or where it is otherwise known that delivery of materials by trucks will be required:

Loading or unloading spaces shall be provided in accordance with the following table for commercial and industrial uses:

Ordinance No. 140

Loading or unloading spaces shall be provided in accordance with the following table for Office, Professional and Institutional Uses :

3. All other uses with a total of five-thousand (5,000) square feet or more of aggregate gross floor area shall provide loading spaces adequate to accommodate normal demands of loading and unloading incidental to that type of use, to the satisfaction of the Zoning Officer.

4. The number of loading or unloading spaces may be less than the number of spaces required above in the event that both of the following two conditions are met:

a. Evidence is submitted documenting that the use of the building requires fewer loading spaces than required by subsection 1 or 2 above.

b. The site development plan shall indicate where such loading spaces could be located if, at a future date, they are determined to be needed. Such area shall be designated as “proposed future loading area” on the plan and no permanent structures shall be permitted within this area.

a. A minimum loading space of fourteen (14) by fifty (50) feet shall be required for uses where deliveries are made by large trucks (two-ton or greater) or tractor trailers.

b. A large loading space shall be required for factories, warehouses, distribution centers, shopping centers, supermarkets, retail stores offering large goods (i.e. furniture, major appliances), retail stores above fifteen thousand (15,000) gross square feet, automobile and farm equipment dealers, office or institutional uses of larger than forty-thousand (40,000) gross square feet, and other similar uses.

Ordinance No. 140

a. A minimum loading space of twelve (12) by thirty (30) feet shall be required for uses where no deliveries will be made by large trucks (two tons or greater) or tractor trailers.

b. A small loading space shall be permitted for uses not specified in subsection 1.b above unless such uses require delivery by large trucks or tractor trailers.

3. Loading spaces shall have a minimum vertical clearance of fourteen (14) feet.

Loading spaces shall have a dust-free surface over the entire area customarily used by delivery vehicles for parking and maneuvering. The surface may be concrete, asphalt, non-polluting oil sealed gravel, compacted gravel, or other all-weather, dust-free surfacing material that meets the approval of the Township Engineer.

1. Loading areas shall be located to the rear or side of the use, building, or structure.

2. Loading areas shall be set back a minimum of fifty (50) feet from a street right-of-way or any property line abutting a residential use or residential zoning district or the required minimum setback for that zoning district, whichever is greater. Loading areas shall be set back at least twenty-five (25) feet from any other lot line or the minimum required setback for that zoning district, whichever is greater.

3. Loading areas shall be screened consistent with the standards of Section 1405.

Amend Article XIV, DESIGN STANDARDS, Section 1407 by deleting it in its’ entirety and replacing with the following:

SECTION 1407 LIGHTING REQUIREMENTS AND DESIGN STANDARDS

Ordinance No. 140

a. Provide outdoor lighting in a manner consistent with the Township Comprehensive Plan goal of retaining rural, natural, and scenic character and protecting the health, safety, and welfare of current and future residents.

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

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

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

1. Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse. The Board of Supervisors may require lighting to be incorporated for other uses or locations, as they deem necessary, to further public health, safety, and welfare.

2. The lighting standards and requirements herein contained apply to lighting of commercial, industrial, public recreational, and institutional uses, as well as, but not limited to, sign, architectural, landscaping, and residential lighting.

3. In addition to new lighting installations, these requirements shall apply to existing lighting fixtures or installations that are to be replaced, modified, or relocated; that have been abandoned; or when there is a change or expansion of use. (See also Section 1407.H, Nonconforming Lighting.)

4. Proposed lighting regulated by this Ordinance shall be reviewed and approved by the Board of Supervisors or Zoning Officer, as applicable, prior to its installation.

Lighting, where required by this Ordinance, shall have intensities and uniformity ratios in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the most current edition of the IESNA Lighting Handbook, including but not limited to the following examples:

Ordinance No. 140

· Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.

· 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 commercial parking, high activity, the average footcandles shall not be in excess of 3.6 [0.9 x 4]).

The following factors shall be considered when choosing the appropriate lighting fixture design:

a. Fixtures shall be of a type and design appropriate to the lighting application.

Ordinance No. 140

b. For lighting horizontal tasks such as roadways, pathways and parking areas, fixtures shall meet IESNA “full cutoff” criteria (no light output emitted above ninety (90) degrees at any lateral angle around the fixture and no more than ten (10) percent light output above eighty (80) degrees).

c. The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IESNA “full cutoff” criteria shall be permitted only with the approval of the Board of Supervisors, based upon acceptable glare control and their consistency with the character of the surrounding area.

d. Fixtures shall be equipped with or be capable of being modified to incorporate light directing, shielding devices, or both, such as shields, visors or hoods when necessary to redirect offending light distribution or reduce direct or reflected glare.

e. For residential applications, omni-directional fixtures (e.g., post top, wall bracket, wallpack, globe and sphere) shall meet IESNA “full-cutoff” criteria.

f. NEMA-head fixtures (a.k.a. “barn lights” or “dusk-to-dawn lights”) shall not be permitted where they are visible from other uses, unless fitted with a reflector to render them full cutoff.

a. All outdoor lighting, whether or not required by this ordinance; on private, residential, commercial, industrial, municipal, recreational or institutional property; shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse the lighted area (i.e., disabling glare) and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property, (i.e., nuisance glare).

b. Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.

c. Unless otherwise permitted by the Township (e.g., for safety, security, or all-night operations), lighting shall be controlled by automatic switching devices such as time clocks or combination motion detectors and

Ordinance No. 140

photocells, to permit extinguishing offending sources between 11 p.m. and dawn to mitigate nuisance glare and sky-lighting consequences.

d. All non-essential lighting, including display, aesthetic, parking, and sign lighting, shall be required to be turned off or reduced by seventy-five (75) percent after business hours or 11 p.m., whichever is earlier, leaving only the necessary lighting for site security. Lighting proposed to remain on after 11 p.m. for a specific safety purpose shall be approved by the Township.

e. Vegetation screens shall not serve as the primary means for controlling glare. 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. The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured line-of-sight at the property line.

g. Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11.p.m. and dawn, except as specifically approved by the Township to illuminate necessary directional information.

h. Directional fixtures used for architectural lighting (e.g., facade, fountain, feature and landscape lighting), shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11 p.m. and dawn.

i. Light output for flagpole lighting shall not cumulatively exceed ten-thousand (10,000) lumens.

j. Service station canopy lighting shall be accomplished using flat-lens full-cutoff downlighting fixtures, shielded in such a manner that the edge of the fixture shield shall be level with or below the light source envelope.

k. The use of white strobe lighting for tall structures such as smokestacks, chimneys, and communications towers is prohibited, except as otherwise required under Federal Aviation Administration regulations.

Ordinance No. 140

a. For new installations, electrical feeds for fixtures mounted on poles shall be run underground.

b. Poles supporting lighting fixtures for the illumination of parking areas shall be placed a minimum of five (5) feet outside

the paved area or on concrete pedestals at least thirty (30) inches high above the pavement, or suitably protected from potential vehicular impact by other approved means.

c. Except as otherwise permitted in Section 1407.D for recreational lighting, the following height requirements shall apply to proposed lighting fixtures. Fixtures meeting IESNA “full cutoff” criteria shall not be mounted in excess of twenty (20) feet above grade. Fixtures not meeting IESNA “full cutoff” criteria shall not be mounted in excess of sixteen (16) feet above grade except as specifically approved by the Township. Artificial elevation of the grade at the base of the light fixture shall be prohibited.

Lighting fixtures and ancillary equipment shall be maintained so as to continuously meet the requirements of this Ordinance.

1. When facilities for such outdoor recreational activities as baseball, softball, soccer, tennis, football, and miniature golf courses are proposed for operation during hours of darkness, they shall be subject to approval as a special exception. In addition, such lighting shall be subject to the following requirements:

a. Lighting shall be accomplished only through the use of “cutoff” fixtures or as otherwise approved by the Township.

b. Except as otherwise permitted by the Board of Supervisors, sporting events shall be timed so that all area lighting in the sports facility is extinguished by 10:00 p.m., regardless of such occurrences as extra innings or overtimes.

c. Golf driving ranges and golf courses shall not be artificially lit and shall not be permitted to operate in the Township during hours of darkness.

Ordinance No. 140

2. The foregoing outdoor recreational activities shall not be lighted if they are located within one-thousand (1,000) feet of an existing adjoining residential use.

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

Sport	Maximum Mounting Height
Basketball	20 feet
Football and other field sports	50 feet
Organized baseball and softball* 200 foot radius 300 foot radius	60 feet 70 feet
Miniature Golf	20 feet
Tennis	30 feet

1. Lighting plans shall be submitted to the Township for review and approval with applications for conditional use or special exceptions, preliminary or final subdivision or land development plans, or variance applications. In addition, the Zoning Officer may require the submission of a lighting plan with any building permit application for other than single-family residential use. The required lighting plans shall include the following information:

a. A site plan containing a layout of the proposed fixture locations by location and type. The site plan shall also include, as applicable, 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,

b. Isofootcandle plots for individual fixture installations and ten by ten (10 x 10) foot illuminance-grid plots for multi-fixture installations, which demonstrate compliance with the intensity and uniformity requirements set forth in this Ordinance.

Ordinance No. 140

c. Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, control devices, mounting heights, pole foundation details, and mounting methods proposed.

2. When requested by the Township, the Applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare.

3. Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.

4. When necessary, the Township may retain the services of a qualified lighting engineer to review proposed lighting plans.

The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this Ordinance, and if appropriate, to require remedial action at no expense to the Township.

a. If the Township judges a lighting installation creates a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.

b. If appropriate corrective action is not taken, the Zoning Officer shall follow the enforcement provisions of Article XX, Administration, of this Ordinance.

a. When the Zoning Officer or qualified lighting engineer retained by the Township, judges an installation to produce unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this Ordinance, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.

Ordinance No. 140

b. If the infraction so warrants, the Zoning Officer shall follow the enforcement provisions of Article XX, Administration, of this Ordinance.

Any lighting fixture or lighting installation existing on the effective date of this Ordinance that does not conform with the requirements of this Ordinance, shall be considered as a lawful nonconformance. Unless a minor corrective action is deemed by the Township to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this Ordinance when:

I. Street Lighting Dedication

1. When street lighting is to be dedicated to the Township, the Applicant shall be responsible for all costs involved in the lighting of streets and street intersections until the street is accepted for dedication.

2. Prior to dedication and in the event of the formation of a homeowner’s association and/or property management declaration, the Township shall require said agency to enter into an agreement guaranteeing payment of all costs associated with dedicated street lighting.

Aggregate Gross Floor Area Devoted to Each Use (square feet)	Minimum Required Number of Spaces
2,000 to 8,000	1
8,001 to 20,000	2
20,001 to 40,000	3
For each additional 40,000	1 additional

Aggregate Gross Floor Area Devoted to Each Use (square feet)	Minimum Required Number of Spaces
5,000 to 10,000	1
10,001 to 25,000	2
25,001 to 50,000	3
For each additional 50,000	1 additional

Use /Task	Maintained Footcandles	Uniformity Average:Minimum
(a) Streets, local residential	0.4 Avg.	6:1
(b) Streets, local commercial	0.9 Avg.	6:1
(c) Parking, residential, multi-family - Low vehicular/pedestrian activity - Medium vehicular/pedestrian activity	0.2 Min. 0.6 Min	4:1 4:1
(d) Parking, industrial/commercial/institutional/municipal - High activity, e.g., regional shopping centers/fast food facilities, major athletic/civic/cultural/recreational events - Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events - Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking.	0.9 Min. 0.6 Min. 0.2 Min.	4:1 4:1 4:1
(e) Sidewalks, walkways and bikeways	0.5 Avg.	5:1
(f) Building entrances, commercial, industrial, institutional	5.0 Avg.	n/a

SECTION 1403 LOADING AND UNLOADING STANDARDS

Ordinance No. 140

Ordinance No. 140

Ordinance No. 140

SECTION 1407 LIGHTING REQUIREMENTS AND DESIGN STANDARDS

Ordinance No. 140

Ordinance No. 140

Ordinance No. 140

Ordinance No. 140

Ordinance No. 140

Ordinance No. 140

Maximum Mounting Height

Ordinance No. 140

Ordinance No. 140

I. Street Lighting Dedication

Thomas W. Nale, III

Michael E. Elling