LIGHTING ORDINANCESPresented byPennsylvania Outdoor Lighting Council

Pennsylvania Chapter of the International Dark-Sky Association

*TOPICSWhy a lighting ordinance?What is an effective ordinance?How to get an ordinance started, enacted and enforced

*WHY AN ORDINANCE?TruthsIf a municipality doesnt have an effective lighting ordinance and doesnt think one is needed, they may be making a glaring error.Former Farm Pasture

*WHY AN ORDINANCE?

Oh, we have a good ordinance. Zoning OrdinanceAmended 6/1/1996Section 1115 Lighting shall be arranged so that it does not reflect towards any public street or residential zoning district.

*WHY AN ORDINANCE?TruthsIf a municipality doesnt have an effective lighting ordinance, they can hope for the best but better be prepared for the worst.

*WHY AN ORDINANCE?Truths

If a municipality waits to pass an ordinance until they discover they really need it, it will be too late. When the developers application arrives at the municipality, the existing version of the ordinance applies.

*ORDINANCE BENEFITSPrevents excessive and under lighting Protects citizens, drivers, the environment and the night sky from glare and light pollutionSends a clear message that bad lighting will not be tolerated. A good lighting ordinance:

*Prevents Nasty SurprisesWhat was promisedWhat they gotORDINANCE BENEFITS

*ORDINANCE BENEFITSContinuedBy requiring that developers provide complete information about proposed lighting, suitability and ordinance compliance can be fully judged up front.

*Provides Ability to Correct Existing ProblemsORDINANCE BENEFITS

*ORDINANCE ELEMENTSPurpose, Scope and Exemptionse.g., seasonal lightingRequirements for:Fixture types, e.g., fully shielded

*ORDINANCE ELEMENTSRequirements for:Glare control, e.g., aiming, shielding, light trespass

*ORDINANCE ELEMENTSIlluminance levels and uniformities per IES

*ORDINANCE ELEMENTSContinuedMax. allowed mounting heightsShut-off hours/Security lightingPole protection behind parking spacesPlan submission content

*ORDINANCE ELEMENTSContinuedDealing with post-approval substitutionsHow to handle attempts to use non-approved equipment.Compliance verification/monitoringRight by municipality to visit site and verify compliance with approved plans.Dealing with non-conforming lightingHow to handle existing pre-ordinance installations, grandfather or require compliance after x number of years.

*GETTING STARTED

Find a champion to shepherd process. Most important step Dont start from scratch. Use a proven ordinance model, tailor to municipalitys needs.

PENNSYLVANIA OUTDOOR LIGHTING COUNCIL

MODEL LIGHTING ORDINANCEFor inclusion inZONING ORDINANCES

This model ordinance is intended to be installed as a section of the zoning ordinance covering all zoning districts. Requirements unique to a district should be included in that districts section or in an overlay section.

*GETTING STARTED

Seek technical help where needed on lighting issues

POLC can provide technical assistanceWill proposed revisions still provide protection?Would lighting zones help provide protection?Lighting ZonesLZ0 No Light permittedLZ1 Very low light permittedLZ2 Low light permittedLZ3 Medium light permittedLZ4 High light permitted

*GETTING STARTED

Optional Steps to ConsiderConvene group, get buy-in. Include elected officials, planning, EAC, zoning, police, municipal engineer, citizens.Take field trips to find good and bad lighting examples.

*WHERE TO PLACE?

Subdivision and Land Development Ordinance

?

Zoning Ordinance

?

Stand-Alone Ordinance

?

Where should the lighting requirements be located for optimum accessibility and commitment to their use?

*WHERE TO PLACE?

In SALDO?

Covers subdivision and land development applications but not all renovations, retrofits, building permits, construction and many small projects, e.g., gas stations, billboards.

ZHB and Code Enforcement dont use

SALDO

*WHERE TO PLACE? CONTINUED

In Zoning?

ZHB/Code Enforcement Officer know and use every day. Covers renovations and residential tooSupervisors do not have jurisdiction except in Conditional Use.Zoning Ordinance

*WHERE TO PLACE? CONTINUED

Stand-Alone Document?

Often gets lost, goes unused. Typically not kept current Circumvents county review and public hearing process.Viable option if no SALDO & ZO

Stand-Alone Lighting Ordinance

*WHERE TO PLACE? CONTINUED

Best ChoicePut parts appropriate to land development in SLDO and parts appropriate to zoning in ZO. Naturally there will be some duplication.

Second best choicePut in ZO and cross-reference in SLDOSALDO

Zoning Ordinance

*WHERE TO PLACE? CONTINUED

Where to put in the ordinance?Sprinkle in each zoning district section, or create a separate lighting section?Create a separate lighting section to cover all districts Recommended

*WHERE TO PLACE? CONTINUED

Where to put in the ordinance?For very unique requirements, put in applicable zoning or overlay district section Environmental Overlay District1. Lighting shall not exceed 0.5 fc2. Lighting shall be low voltage3. Lighting shall be aimed straight down4. All lighting shall be extinguished by 11 pm

*GETTING IT PASSEDGet county review and hold public hearingsStrive to hold the line but be prepared for compromise (half a loaf)Educate and convince before compromiseDont let the process die can take up to a year.

*ENFORCEMENTAn unenforced ordinance is valuelessArrange for training of key playersHave tools available, e.g., light meter and ordinance.

*ENFORCEMENTLighting plans are unique. What is approved during land development seldom makes it to the electrical plans.As ApprovedAs InstalledThe architect, EE, GC and EC strike!

*ENFORCEMENTThe architect, EE, GC and EC strike! Approved civil land development plans containing approved lighting info are typically ignored by architect and EE.

EE designs per architectural plans and electrical contractor installs per EE plans, (maybe).

Result? Anybodys guess.

*ENFORCEMENTThats why Building Permit lighting plans must be carefully reviewed for conformance with approved Land Development Plans, but seldom are. Hmmm, Where are the Lighting Plans?

*ENFORCEMENTReviewing Submitted PlansPlan Review Check ListOKIlluminance Levels aFixture Design aFixture Mounting Height aPole Protection aAutomatic Control aShut-off Time aSecurity Lighting aRequired Plan Notes aLight Trespass aComplete Plan Content a

*ENFORCEMENTDeveloper needs to be made aware during land development that there will be charges for complete construction surveillance. Section 509 of the MPC provides authority for municipalities to establish financial security agreement with the developer. Financial Security Agreement

An agreement between the Township of Penn and Environmental Disaster DevelopersSuburban Shopping Center09/28/2007

*ENFORCEMENTMunicipalities with a reputation for not adequately monitoring construction often become a target of developers who do not intend to follow approved plans.

*ENFORCEMENTUndiscovered mistakes made during construction often come back to bite a municipality in the future

*CONCLUSIONSStart the ordinance now, dont wait for an unpleasant lighting surpriseAssign the task to an insider who cares and will see it throughGet competent technical helpDrive to completion

Use it and enforce it!

*CONCLUSIONSDont Let This Happen in Your Township

POLC Can Help YouCraft an Effective Lighting Ordinance

*A non-profit group of volunteers that has helped over 40 municipalities and planners create effective lighting ordinances.POLCWe can help you tailor an ordinance to meet your municipalitys specific needs

*Enacted POLC OrdinancesAmityBishopBirminghamButlerCornwall BoroughDouglass, MontcoEast BradfordEast Coventry East Nantmeal East Pikeland East Vincent East Whiteland ExeterHighland

UnionUpper DublinUpper MerionUpper UwchlanUwchlanValleyWallaceWarwickWest BrandywineWest PikelandWesttownWest VincentWest WhitelandWillistownLimerickLondon GroveMaidencreekMarlboroughNew London North Coventry NorthamptonPlumsteadRobesonSchuylkill South Coventry St. Lawrence BoroughTildenTinicum

*Contact InformationEmail: POLCouncil@gmail.comWebsite: www.POLCouncil.org Call: 610 326-1402Website has much helpful information, including model lighting ordinances ready for tailoring to meet your specific needs.

*THANK YOU!Pennsylvania Outdoor Lighting CouncilPennsylvania Chapter of the International Dark-Sky Association

*************IES = Illuminating Engineering Society***MLO*MLO**Combination of ZO and S&LDONo public hearing for standalone*Combination of ZO and S&LDONo public hearing for standalone*Combination of ZO and S&LDONo public hearing for standalone*Combination of ZO and S&LDONo public hearing for standalone*Combination of ZO and S&LDONo public hearing for standalone*Combination of ZO and S&LDONo public hearing for standalone*Combination of ZO and S&LDONo public hearing for standalone*******MPC = Municipalitys Planning Code*********