Clinton Township Ordinance -718-00

AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER XL ENTITLED "LAND USE REGULATIONS" (PROVIDING STANDARDS FOR OUTDOOR LIGHTING) OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF CLINTON, 1996, AS HERETOFORE SUPPLEMENTED AND AMENDED, IS HEREBY SUPPLEMENTED AND AMENDED

BE IT ORDAINED by the Mayor and Township Council of the Township of Clinton, County of Hunterdon and State of New Jersey, as follows:

1. Section 40-4 entitled "Definitions" of Article II entitled "Definition of Terms" of Part 2 entitled "Definitions" of Chapter XL entitled "Land Use Regulation" of The Revised General Ordinances of the Township of Clinton, 1996, as heretofore supplemented and amended is hereto supplemented and amended by adding the following definitions thereto:

Footcandle (fc); - A unit of illuminance on a surface one foot square in area onto which there is a uniform flux of one lumen.

Footlambert (fL) a unit of luminance of a surface reflecting or emitting light at the rate of one lumen per square foot. The average luminance of any reflecting surface in footlamberts is the product of the illuminance in footcandles striking the surface times the reflectance of the surface.

Glare - The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or the loss of visual performance and visibility.

IESNA - Illuminating Engineering Society of North America. An organization that recommends standards for the lighting industry.

Light Trespass - Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance, as specified in Section 3.

Direct Glare Source - Any direct glare source visible from a height above five feet at the subject property line.

Outdoor Enclosed Light Fixture - An electrically powered illuminating device which is either temporarily or permanently installed outdoors, including but not limited to, devices used to illuminate any site, architectural structure or sign. The face of the lamp must be recessed within the enclosure and any glass/plastic protective or diffusing device cannot extend beyond that enclosure.

Cut Off Light Fixture - A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 80 degrees above nadir (straight down at perfect vertical), through the light fixture's lowest light emitting part when the mounting height is 16 feet or less. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.

Sky Glow - Luminance in the atmosphere caused by dust, water vapor, and other particles that reflect and scatter any stray lighting that is reflected or emitted into the atmosphere.

2. Paragraph F of Section 40-94 entitled "On tract Installations for Subdivisions" of Article XII entitled "On-Tract and On Site Improvements" of Part 6 entitled "Subdivisions and the Site Plan review" of Chapter XL entitled "Land Use Regulation" of The Revised General Ordinances of the Township of Clinton, 1996 , as heretofore supplemented and amended is heretofore supplemented and amended by deleting the same and replacing it with the following:

F. Street Lighting. The subdivider shall be responsible for the installation of street lighting facilities as approved by the Planning Board and in accordance with the standards of Section 40-118.

3. Paragraph G of Section 40-96 entitled "On Site Installations for Site Plans" of Article XII entitled "On Tract and On Site Improvements" of Part 6 entitled "Subdivisions and Site Plan Review" of Chapter XL entitled "Land Use Regulations" of The Revised General Ordinances of the Township of Clinton, 1996, as heretofore supplemented and amended is heretofore supplemented and amended by deleting the same and replacing it with the following:

G. Lighting. Adequate lighting shall be provided for parking lots, and shall be designed in accordance with standards of Section 40-118.

4. Subparagraph (6) of Paragraph A of Section 40-115 entitled "Site Plans" of Article XV entitled "Design Standards" of Part 6 entitled "Subdivision and Site Plane Review" of Chapter XL entitled Land Use Regulation" of The Revised General Ordinances of the Township of Clinton, 1996, as heretofore supplemented and amended is hereby supplemented and amended by deleting the same and replacing it with the following:

(6) Lighting shall be designed in accordance with Section 40-118

5. Article XV entitled "Design Standards" of Part 6 entitled "Subdivisions and Site Plan Review" of Chapter XV entitled "Land Use Regulations" of The Revised General Ordinances of the Township of Clinton,1996, as heretofore supplemented and amended is hereby supplemented by adding a new Section thereto as follows:

A. Purpose. The governing body of Clinton Township finds that regulation of outdoor lighting in Clinton Township is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or skyglow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security

B. Outdoor Lighting. All outdoor light fixtures installed and thereafter maintained, other than those serving one and two family dwellings (except as otherwise noted, see subsection 40-118B(8) below) shall be outdoor enclosed light fixtures, and shall comply with the requirements specified in this Section:

B.(1). Where used for security purposes or to illuminate walkways, roadways and parking lots, only outdoor enclosed light fixtures shielded from public view and having the performance characteristics of a cutoff light fixture shall be used.

B.(1).A. For parking lots and walkways, light poles that are visible to the public shall not exceed 16' in height (base plus pole).

B.(2). Where used for commercial and industrial purposes such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and shall comply with the following:

B.(2)(a). Lamp/luminaire combinations being considered to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform, shall have their candlepower curve plotted such that 100 percent of the beam angle used is not greater than the size of the object to be illuminated.

B.(2).(a)[1]. In the case of flags that can move in the wind 360 degrees around the pole, the beam angle shall be based on a circle having a radius equal to the width of the flag, except that flags having a width of 12 feet or more shall be illuminated by the beam with a radius not greater than two-thirds of the width of the flag.

B.(2).(b). Other upward directed architectural, landscape or decorative light emissions shall have at least 90 percent of their total distribution pattern within the profile of the illuminated structure.

B.(2)(c). Externally illuminated signs, including commercial billboard, building identification or other similar illuminated signs, shall comply with the following:

B.(2)(c)[1]. Top mounted light fixtures shall have illumination levels plotted such that 100 percent of the beam angle used is not greater than the size of the externally illuminated signs, and are preferred over any other positioned light fixtures.

B.(2)(c)[2]. When top mounted light fixtures are not feasible for good cause shown, illumination from other positioned light fixtures shall continue to be restricted to the sign area. Visors or other directional control devices shall be used to eliminate any spill light. Furthermore, when billboard or any other signage is viewed from the opposite side of that being illuminated, luminous portions of the light fixtures, and stray light, shall not be visible.

B.(3). Detailed plans are to be provided to illustrate floodlight distribution patterns. Once properly installed, the fixtures are to be aimed, permanently affixed, and maintained in the approved position according to the terms of approval outlined in the approving resolution.

B.(4). Foundations supporting lighting poles installed less than four feet behind the curb, shall not be less than 24 inches off the ground.

B.(5). Outdoor light fixtures for purposes of private, commercial, or industrial usage shall not be attached or mounted to public property (i.e. buildings, utility poles, telephone poles, street lights, road/street signs). Furthermore, these fixtures shall not tap or extend power from sources servicing public lighting and/or power devices.

B.(6). To prevent visual adaptation for motorists approaching commercial properties from adjacent low luminance residential areas, vertical luminances on the commercial and industrial properties in these locations shall be limited to 100 fL for internally illuminated signs and 5 fL for externally illuminated signs and building surfaces used as signs.

B.(7). Outdoor recreational and sports facility lighting shall be shielded from public view, as observed from outside the playing field. Such lighting shall have directional and glare control devices, when necessary, to comply with Section 40-118C

B.(8). All outdoor fixtures that serve one- and two-family dwellings and that have initial light outputs greater than 1500 lumens shall be outdoor enclosed light fixtures. Light fixtures with initial light outputs less than 1500 lumens such as decorative porch lights, wall sconces, post top lanterns and walkway fixtures may contain lamps and glass/plastic diffusing devices that extend beyond the opaque fixture enclosure. All outdoor light fixtures shall comply with the requirements as specified below:

B.(8)(a). Light distributions generated by light fixtures shall be confined to the property on which they are installed.

B.(8)(b). Outdoor light fixtures properly installed and maintained shall be directed so that there will not be any direct glare source visible from any adjacent residential property.

B.(8)(c). Light fixtures installed within any setback area, including front, rear or side yard setbacks, shall contain shielded devices to prevent light spill and glare upward and onto adjacent properties.

C. Light Trespass (Nuisance Light). All light fixtures, except street lighting maintained by a governmental authority, and those used on one- or two-family dwellings, shall be designed, installed and maintained to prevent light trespass, as specified below.

C.(1). Facade lighting on schools, hospitals and other public buildings or incident illumination occurring above the height of five feet above the property line of the subject property shall not exceed 0.1 footcandles in a vertical plane on residentially zoned property.

C.(2). Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will not be any direct glare source visible from any property.

Note: Light fixtures near adjacent property may require special shielding devices to prevent light trespass.

D. Illuminations and Luminances Requirements. Illuminance and luminance requirements shall be set forth below.

D.(1). Street Lighting

D.(2). On grade parking. Refer to Schedule A.

D.(3). All other illuminance shall not exceed IESNA recommendations.

D.(4). Internally illuminated signs shall not exceed 75% of IESNA luminance recommendations.

D.(5). Externally illuminated signs.
Luminance values are to be based on the following surface reflectances:

D.(6). When building surfaces are used as signs, the luminance values and surface reflectances shall be the same as those indicated for "externally illuminated signs."

E, Outdoor Lighting Energy Conservation.

E.(1). All outdoor lighting not essential for safety and security purposes or to illustrate changes in grade or material shall be activated by automatic control devices and turned off during non-operating hours. Illuminated signs are excluded from this requirement.

E.(1)(a). Exterior retail and merchandise display lighting, e.g. automobile dealerships, nurseries/garden markets, shall not remain on after 10 p.m. Reduced levels of lighting in interior show or display windows may remain on for security purposes provided, however, that these levels shall not exceed 25% of the normal artificial lighting levels in the interior display or show windows.

E.(1)(b). Exterior lighting for recreational areas, athletic fields and courts shall not remain on after 10 p.m., except for exterior lighting serving accredited educational institutions, which shall not remain on after 11 p.m.

E.(1)(c). Exterior security lighting shall be classified as one of the following:

E.(1)(c)[1]. Lighting which is essential to deter vandalism and/or break-ins. This lighting shall be limited to exterior door locations. Fixtures used for normal operations at these locations must remain on. The fixtures shall be outdoor enclosed lighting fixtures. If window areas present possible break-in locations, reduced levels of interior lighting which is situated around the window may remain on as a night light source to illuminate a window. Night light levels shall not exceed 50% of the normal interior artificial lighting levels around the windows.

E.(1)(c)[2]. Normally off lighting that is activated by a sensor or detector. Typically, discharge lamp sources such as sodium vapor, mercury vapor, and metal halide are not instant start. Therefore, consideration should be given to using other lamp sources such as incandescent, tungsten halogen, and florescent which can be used for immediate activation. Normally off lighting activated by sensors or detectors shall be directed toward the vertical surfaces of buildings or objects of concern.

E.(1)(c)[3]. Lighting that remains on for surveillance cameras. This lighting shall be confined to vertical building surfaces along the perimeter of a site, e.g. walls, trees, bushes. Illuminance levels for this lighting shall be coordinated with, and not exceed, the minimum illuminance threshold of the cameras being used. This data shall be provided with the submission of the plans, in accordance with subsection 40-118 F. below.

E.(2). All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency in accordance with Section 40-118 C. above.

F, Submission of Plans. Plans and evidence of compliance shall include the following.

F.(1). Description of outdoor lamp/luminaire combinations including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles and include manufacturers catalog cuts.

F.(2). Locations and descriptions of every outdoor enclosed light fixture and hours of operation, their aiming angles and mounting heights.

F.(3). The initial horizontal and vertical illuminance shall be illustrated in footcandles (before depreciation). Illustrate relamping and cleaning cycles to arrive at maintained values of illumination. Separately state proposed maintained footcandles (horizontal and vertical):
F.(3)(a). Maximum;
F.(3)(b). Minimum;
F.(3)(c). Average, during operating and non-operating hours;
F.(3)(d). Average to minimum uniformity ratio.

F.(4). Computer generated photometric grid showing footcandle readings every ten feet and the average footcandles. Depending upon the design application, this can be for either or both facade (vertical) or horizontal illumination levels.

F.(5). Foundation details for light poles.

G. Prohibitions. Searchlights or flashing or animated signs are prohibited, other than as approved by the Township Council.

H. Notifications. Any developer constructing new one- and two-family dwellings in the Township shall provide home purchasers with a copy of 40-118B(8), which addresses lighting standards for one- and two family dwellings.

1. Minimum horizontal illuminance shall be no lower than 0.2 fc.
2. Average horizontal illuminance shall not exceed 2.5 fc.
3. Minimum vertical illuminance shall be measured at 5 feet above parking surface at the point of lowest horizontal illuminance, excluding facing outward along the boundaries.
4. For typical conditions. During periods of non-use, the illuminance of certain parking facilities should be turned off or reduced to conserve energy. If reduced lighting is to be used only for the purpose of property security, it is desirable that the minimum (low point) not be less than 0.1 hfc. Reductions should not be applied to facilities subject to intermittent night use, such as apartments, hospitals, and active transportation areas.
5. High vehicular traffic locations should generally require the Enhanced Level of illumination. Exits, entrances, internal connecting roadways and such would be some examples.
   Certain data above have been summarized from IESNA RP-20-98, entitled "Lighting for Parking Facilities".

6. This Ordinance shall take effect immediately upon final passage and publication according to law.

ATTEST:

 

_________________________
Carol A. Piazza, RMC

 

_________________________
Mayor Thomas Borkowski

Introduction Date:3/30/00
Hearing Date:4/26/00
Adoption Date:
Effective Date:

Recorded Vote:

Transmit to Pl Bd:3/20/00
HC PI Bd (1st):
Surrounding Mun:
HC PI Bd (final):