The following is a near final consensus document produced by an ad hoc committee representing the Maui Hotel Association, Maui Chamber of Commerce, University of Hawaii Institute for Astronomy, and Maui community associations.

Proposed amendments 11-9-05

BILL NO. ________________ (2005)

 

A BILL FOR AN ORDINANCE AMENDING TITLE 20,

MAUI COUNTY CODE, BY ADDING A NEW CHAPTER

RELATING TO OUTDOOR LIGHTING

 

BE IT ORDAINED BY THE PEOPLE OF THE COUNTY OF MAUI:

 

SECTION 1:   Title 20, Maui County Code, is amended by adding a new chapter to be designated and to read as follows:

 “Chapter 20.35

 

OUTDOOR LIGHTING

 

    Sections:

           

            20.35.010  Applicability.

            20.35.020  Definitions.

            20.35.030  General requirements.

            20.35.040  Exemptions.

            20.35.050  Submission of plans.

            20.35.060  Table 14-A.

            20.35.070  Penalty.

            20.35.080  Maui County Outdoor Lighting Review Board

 

            20.35.010  Applicability.  A.  This chapter shall apply to the installation of all outdoor lighting fixtures within the County.

            B. This chapter shall not be construed to exclude the operation of applicable state statutes or other county ordinances.  In the case of conflict with other county ordinances, the stricter ordinance shall apply.

 

20.35.015  Authority.   This chapter shall be administered and enforced by the County of Maui Public Works and Environmental Management Department subject to Chapter 19.530.030.   

 

            20.35.020 Definitions.   For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases used in this chapter are defined as follows:

            “Class I lighting” means outdoor lighting used for, including but not limited to, outdoor sales areas, service stations, outdoor eating areas, outdoor assembly or repair areas, recreational facilities.

            “Class II lighting” means all outdoor lighting used for, but not limited to, illumination for equipment yards, parking lots, outdoor security, and other similar applications in which general illumination of the grounds is the primary concern.

            “Class III lighting” means any outdoor lighting used for decorative effects.  It includes, but is not limited to, waterfall and pond lighting, landscaping, and walkways.

            “Class IV lighting” means all lighting used for the illumination of roadways.           

            “Director” means the director of public works and environmental management of the County of Maui or the director’s duly authorized representative.

“Light Source” means the initial source of the light, a bare bulb.

“Lighting System” means any single project’s outdoor lighting plan for Class II lighting uses.

“Light Spectrum” means the band of electromagnetic radiation (light) that is visible to the human eye.

“High Pressure Sodium” or “HPS” means a bulb that is filled with high pressure sodium vapor and emits light across a broad portion of the light spectrum.

 “Low Pressure Sodium” or “LPS” means a bulb that is filled with low pressure sodium vapor and emits light across a narrow portion of the light spectrum.

“Mercury Vapor” means any lamp containing mercury in a fused quartz tube and emits light across a broad portion of the light spectrum.

“Metal Halide” means a lamp containing metal halide additives in addition to mercury vapor and emits light across a broad portion of the light spectrum.

“IESNA Standards” means the lighting standards of the Illuminating Engineering Society of North America or “IESNA”.

“Lumen” means the unit of measurement of the amount of brightness that comes from a light source.

“Augmented Monochromatic Lighting” means a lighting system in which at least 90% of the total lumens emitted are produced by low pressure sodium lamps, and no more than 10% of the total lumens emitted are from lamps that emit light across a broad portion of the light spectrum.

            “Outdoor Lighting Fixture” means any outdoor artificial lighting device, permanently installed or portable, which is intended to provide illumination for either visibility or decorative effects.

            “Fully Shielded” means the outdoor lighting fixture is constructed so that all of the light emitted by the fixture is projected downward below the horizontal plane of the lowest point of the fixture.

“Partially Shielded” means outdoor lighting fixtures constructed so that at least ninety percent of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture.

            “Security Lighting” means any outdoor artificial lighting device that is intended to discourage or prevent crime.

 

 

20.35.025  Right-of-Entry.   This Chapter gives County of Maui Public Works and Environmental Management employees and/or their assigns, the right to enter onto private property for the purpose of inspecting/investigating (enforcement).

 

            20.35.030  General Requirements.  A.  Standard source for all types of new outdoor light fixtures shall follow the requirements set forth in Table A.

B.             Existing Light Fixtures.  All existing outdoor light fixtures that were legally installed prior to the implementation of this ordinance shall comply with Table A in ten (10) years of the adoption of this ordinance. Existing Class III fixtures are exempt.

C.             Mercury Vapor Lamps Prohibited.  Mercury vapor lamps shall not be used for any new outdoor lighting installations or for the replacement of any existing installation.  All existing mercury vapor outdoor lighting fixtures shall be removed within 10 years of the implementation of this ordinance. The importation and sale of Mercury Vapor lamps in Maui County shall be prohibited beginning 12 months after the implementation of this ordinance.

C.             Residential Illumination.  Residential outdoor light fixtures shall be shielded so that no light source is visible from abutting properties. Existing residences shall comply with this section within ten (10) years of the adoption of this ordinance. Security lighting on timed motion sensors are permitted, subject to 20.35.040F.

 

            20.35.040 Exemptions. A. Fossil fuel light.  All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene and gasoline, shall be exempt from the requirements of this chapter.

            B.        Holiday decorative lighting.  Low wattage fixtures used for holiday decorations only shall be exempt from the requirements of this chapter.

C.        Temporary/Emergency lighting.  Lighting temporarily used for, but not limited to, public safety, road construction or emergency repair, field harvesting or road crossing, and hotel/condominium beach security lighting, shall be exempt from the requirements of this chapter.

D.            Water Features. Safety and security lighting for water features shall be exempt from this ordinance. All other water feature lighting such as for waterfalls, jet sprays and bubblers are subject to the hours of operation as required by table A.

E.             Maintenance/Replacement. Replacement of light fixtures from previously approved systems may be replaced with same or like fixtures subject to General Requirements.

F.             Motion Sensor Security Lights. Lights on a motion sensor timed to go off after a five (5) minute time limit, shall be exempt from the requirements of this chapter.

 

            20.35.050  Submission of plans.  A.  All outdoor lighting fixtures shall be installed in conformance with this chapter and chapter 16.18A of the Maui County Code, as applicable, and subject to the appropriate permit and inspection requirements thereof.  The applicant for any electrical permit required to install non-residential, non-exempt outdoor light fixtures shall submit to the director proof that the proposed work will comply with the requirements of this chapter.  The submission shall contain, but not be limited to, the following:

1.         The location of the site where the outdoor light fixtures will be installed;

2.         Plans indicating the type(s) of outdoor light fixtures to be used and their location on the premises;

3.         A description of the outdoor light fixtures including, but not limited to, manufacturer’s catalog cuts and drawings.

B.        The plans and descriptions required by subsection (A) shall be sufficiently complete to enable the director to readily determine compliance with this chapter.  Any design, material, or method of installation that is rejected by the Director should be handled by the Board of Variances and Appeals (BVA).

 

20.35.060  Table A.

Lamp Type

Shielding Requirement

Usage Restrictions

Class I

Augmented

    Monochromatic

Low pressure sodium

Metal Halide

All others

 

 

Fully shielded

Fully shielded

Partially shielded

Fully shielded

 

 

None

None

Off from 11:00 p.m. to sunrise*

None

Class II

Augmented

    Monochromatic

Low pressure sodium

All others (Existing)

All others (New)

 

 

Fully shielded

Fully shielded

Fully shielded

Fully shielded

 

 

None

None

None

Off from 11:00 p.m. to sunrise*

Class III

Low pressure sodium

High pressure sodium

Neon

Others

Others

 

Fully shielded

Fully shielded

None

Fully shielded

Partially shielded

 

None

None

Off from 11:00 p.m. to sunrise*

None

Off from 11:00 p.m. to sunrise*

Class IV

Augmented

    Monochromatic

Low pressure sodium

High pressure sodium

 

 

Fully shielded

Fully shielded

Fully shielded

 

 

None

None

On roadways within 50 feet of intersections

 

*These lights may remain on between 11:00 p.m. and sunrise if business or recreational activities are taking place, but must be turned off 1 hour after event is over.

 

            20.35.070  Penalty.  Violations of this chapter of the County Outdoor Lighting ordinance shall be subject to Chapter 19.530.030, Administrative Enforcement.

 

20.35.080  Maui County Outdoor Lighting Standards Committee.

A.            Establishment/Members. There is established a Maui County Outdoor Lighting Standards Committee which shall consist of a minimum of five and no more than nine members, appointed by the Mayor with the approval of the Council, and two ex-officio members. Preference in selection of members shall be given to residents of the County and one individual from each of the following professions, special interests, or disciplines: an astronomer or space surveillance specialist; a member of the Visitor Industry; a wildlife biologist; a member of the business community; and members chosen from the general public. The two non-voting, ex-offico members of the committee shall be one person designated by the Chief of Police of the County and one person designated by the Director of Public Works and Environmental Management of the County.

B.             Term. The term of the members of the committee shall be three years; provided, however, such member shall serve for staggered terms pursuant to section 13-2 of the revised charter of the county of Maui. Section 13-2 of the revised charter of the county of Maui shall apply to the outdoor lighting standards committee in the same manner as said provisions apply to boards and commissions recognized by the revised charter.

C.             Power, duties, and functions. The Outdoor Lighting Standards Committee shall serve as advisory to the Department of Public Works and Environmental Management of the County. All matters presented to the Director that do not conform to the provisions of this chapter and to which the applicant has applied for a variance shall be forwarded to the outdoor lighting standards committee for review, comment, and recommendation.  All matters pertaining to public street lighting presented to or pending before the department of public works and waste management, except for new subdivisions, and to which the applicant has applied for a variance shall, before any action thereof, be referred to the outdoor lighting standards committee for investigation, survey, advice, and the recommendation of the committee. The committee may review and advise the department on the lighting related matters involving projects within the County. The committee shall review matters as identified for review within various section of this chapter. The committee shall review requests by individuals, organizations, or community associations relating to the addition, retrofitting, or removal of an outdoor light on County property or public right-of-way.

D.            Administrative rules. The committee, after consultation with the department of public works and waste management, shall promulgate rules and regulations pursuant to chapter 91 of the Hawaii Revised Statutes for the practice and procedure of the committee. When rules or regulations do not cover a particular circumstance, the committee shall recommend appropriate action.

E.             Variances and Appeals. All variances or appeals requested of the committee relating to Chapter 20.35 of the Maui County Code shall be forwarded to the Board of Variances and Appeals for review.

F.             The Department of Public Works and Environmental Management shall provide staffing, and technical and clerical services as may be required by the committee.

 

SECTION 2.  This ordinance shall take effect upon its approval.

 

APPROVED AS TO FORM AND LEGALITY:

 

____________________________

CINDY Y. YOUNG

Deputy Corporation Counsel