This Part 3 shall be known and may be cited as the "Penn Township
Residential Street Lighting Ordinance."
This Part 3 is enacted in accordance with the First Class Township Code, Article XV, Section 1502, Paragraph XII.[1]
[1]
Editor's Note: See 53 P.S. § 56512.
The purpose of this Part 3 is to protect, maintain and enhance
public health, safety and general welfare by establishing minimum
requirements and procedures to control nighttime visibility affecting
vehicular and pedestrian traffic. It is recognized that the proper
use of roadway lighting provides economic and social benefits to the
public by reducing accidents, aiding police protection and facilitating
traffic flow.
This Part 3 shall apply to all new land developments, additions
to existing developments and the addition of or alteration to existing
or proposed residential establishments within Penn Township.
A building permit shall not be issued for any parcel of land
or lot development unless a streetlighting plan has been approved
or waived by the Township as meeting requirements of this Part 3.
Permits for the installation of streetlights within the Pennsylvania
Department of Highways rights-of-way shall be secured from the Pennsylvania
Department of Transportation (PennDOT) prior to the issuance of a
building permit or, where applicable, final approval of a subdivision
plan unless the requirements for streetlights are waived by the Township.
For the purpose of this Part 3, certain terms and words used
herein shall be interpreted as follows:
A.Â
Words used in the present tense include the future tense; the singular
number includes the plural; and the plural number includes the singular;
words of masculine gender include feminine gender; and words of feminine
gender include masculine gender.
B.Â
The word "includes" or "including" shall not limit the term to the
specific example, but is intended to extend its meaning to all other
instances of like kind and character.
C.Â
The word "person" includes an individual, firm, association, organization,
partnership, trust, company, corporation or any other similar entity.
D.Â
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
E.Â
The words "used" or "occupied" include the words "intended, designed,
maintained or arranged to be used or occupied."
As used in this Part 3, the following terms shall have the meanings
indicated:
Any person, firm or governmental agency who executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
A person or persons, partnership, association, corporation
or other entity, or any responsible person therein or agent thereof,
who undertakes the activities covered by this Part 3.
Professional engineer registered in the State of Pennsylvania.
The Township of Penn of York County, Pennsylvania.
A public area intended for pedestrian traffic not necessarily
within a public roadway right-of-way for vehicular traffic. Included
are walkways providing access to parks, block interiors and midblock
roadway crossings.
Final construction or as-built Mylars which have been approved
and signed by all required agencies. The Mylars, after all signatures,
become a permanent record of the Township.
PENNDOT ROADWAYAny highway, roadway, right-of-way or easement over which the Pennsylvania Department of Transportation (PennDOT), Bureau of Highway Services, has assumed or has been legislatively given jurisdiction.
TOWNSHIP ROADWAYAny street, avenue, boulevard, parkway, highway, roadway and any other ways or means used or intended for public use by vehicles or pedestrians. "Township roadways" are further classified as:
ARTERIALA part of the Township roadway system which serves as the principal network for through-traffic flow. Arterial routes generally connect areas of principal traffic generated from rural highways, including PennDOT roadways entering the Township.
COLLECTORThe distributor highway servicing traffic between arterial and local roadways.
LOCALRoadways used primarily for direct access to and within residential, commercial and industrial properties. "Local roadway" does not include roadways carrying through traffic. Culs-de-sac are classified as "local roadways."
Paved or otherwise improved areas for pedestrian use, located
within a roadway right-of-way which also contains roadway areas for
vehicular traffic.
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land which are in one ownership or are contiguous
and in diverse ownership where development is to be performed as part
of a unit, subdivision or project.
[Added 5-15-1995 by Ord. No. 495]
ROADWAY INTERSECTIONThe overhead streetlights provided at intersecting streets.
RESIDENTIALThe lighting fixtures privately installed for the purpose of illuminating sidewalks and walks.
Modification to the minimum streetlighting requirements of
this Part 3 by the Township Commissioners for specific circumstances
such that strict adherence to the requirements would result in unnecessary
hardship and not fulfill the intent of this Part 3.
Relinquishment from the requirements of this Part 3 by the
Township Commissioners for a specific developer on a case-by-case
review basis.
Paved or otherwise improved area for pedestrian use, usually
associated with a path leading to doorway of a residence from a sidewalk
or driveway.
[Added 10-17-2016 by Ord.
No. 792]
A.Â
General. No person shall develop land for residential purposes without
having provided for streetlighting as required by this Part 3.
B.Â
Waivers. The Penn Township Board of Commissioners may grant a waiver
of this Part 3 for individual developments, provided that a written
request is submitted by the developer containing descriptions, drawings
and any other information that is necessary to evaluate the proposed
waiver. A separate written waiver request shall be required if there
are subsequent additions, extensions or modifications to a development
receiving a waiver. Eligibility for a waiver may be determined if
the applicant can conclusively demonstrate that the proposed development
will not cause an adverse impact on the existing traffic, whether
it be vehicular or pedestrian.
C.Â
Variance. The Penn Township Board of Commissioners may grant a variance
from any requirement of this Part 3 if there are exceptional circumstances
applicable to the site such that strict adherence to the provisions
of this Part 3 will result in unnecessary hardship and not fulfill
the intent of this Part 3. A written request for a variance shall
be provided to the Penn Township Board of Commissioners and shall
state the specific variances sought and reasons for their granting.
The Penn Township Board of Commissioners shall not grant a variance
unless and until sufficient specific reasons justifying the variance
are provided.
