§15-901-1 Title. The rules in this chapter shall be known as the "Street Lighting Standards" [Eff. 3/23/00] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§15-901-2 Authority. The rules herein are established pursuant to sections 46-15 (13) and 46.15 (16) of the Hawaii Revised Statutes. [Eff. 3/23/00] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§15-901-3 Purpose. These rules provide standards for outdoor lighting that, while providing a level of safety for vehicular and pedestrian traffic, do not excessively interfere with nighttime viewing and avoid glare and light trespass onto private property. These rules also encourage the conservation of electricity. [Eff. 3/23/00] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§15-901-4 Construction. These rules should be read in conjunction with the provisions of Hawaii Revised Statutes, the charter of the county, and the Maui county code. In any conflict between the general provisions herein and any other provision, the more restrictive provision shall govern. [Eff. 3/23/00] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§15-901-5 Definitions. For the purpose of these rules, unless it is plainly evident f rom the context that a different meaning is intended, certain words and phrases used herein are defined as follows:

• "Agricultural" means areas designated agricultural by the State land use commission and/or zoned agricultural via county ordinance.
• "Director" means the director of the department of public works and waste management of the county of Maui, or a duly authorized designee.
• "Fully shielded" means that the outdoor light fixture is constructed so that all of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture.
• "Glare" means the sensation produced by luminance within the visual field that is sufficiently greater that the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
• "Light trespass" is any form of artificial illumination emanating from a luminaire that penetrates other property other than its intended use.
• "Luminaire" means the complete lighting assembly, less the support assembly.
• "Partially shielded" means that the outdoor lighting fixture is constructed so that at least ninety per cent of the light emitted by the fixture is projected below the horizontal place of the lowest point of the fixture.
• "Rural" means areas designated rural by the State land use commission and/or zoned rural by county ordinance.
• "Urban" means areas designated urban by the State land use commission. [Eff. 3/23/00] (Auth: HRS §§46.1S(13), (16)) (Imp: MCC §18.20.060)

§15-901-6 Lamp standards.

• (a) High pressure sodium lamps or other fixtures approved by the director shall be the only allowed lamp on public and/or private right-of-ways; however, existing lamps other than high pressure sodium lamps shall remain until they expire at which time they shall be replaced.
• (b) Specifically, mercury vapor lamps are expressly prohibited and all such lamps shall be removed within five years from the effective date of these rules.
• (c) For roadways within the rural or agricultural areas, the maximum allowable wattage shall be 10OW HPS for internal road intersections and 15OW HPS for intersections from a project with a major and/or minor collector road.
• (d) For roadways within the urban areas, the maximum allowable wattage shall be 15OW HPS for internal road intersections and 25OW HPS at intersections with a major or minor collector road. [Eff. 3/23/00] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§15-901-7 Luminaire standards. Fully shielded luminaires shall be the only allowed fixture on public and/or private right-of -ways; however, existing fixtures other than fully shielded luminaires shall be replaced by the earlier of expiration or inoperability of the fixture or five years from the effective date of these rules. [Eff. 3/23/00] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§15-901-8 Light standards (poles) .

• (a) Free standing aluminum light standards and aluminum arms shall continue to be stocked and used for existing lighting within major collector roadways.
• (b) Any new subdivision or project that requires street lighting within public roadways, shall use light standards that are non-reflective, such as anodized bronze or any other light standard accepted by the director. Any unusual or project specific requests for non-standard lighting standards shall be reviewed and approved by the director after consultation with the utilities and applicant.
• (c) The maximum height of the light standard, measured from ground level directly below the luminaire to the bottom of the lamp itself, shall be twenty feet. Also, light standards are only required at intersecting streets. Any variation to this height standard will be reviewed and approved by the director.
• (d) Any unusual or project specific requests for non-standard lighting standards shall be reviewed and approved by the director after consultation with the utilities and applicant. [Eff. 3/23/00] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§15-901-9 Installation, illumination, removal and alteration guidelines.

• (a) The department may install, illuminate, remove or alter street lights for:
  • (1) Locations where the nighttime accident rate exceeds those of the daylight hours;
  • (2) Intersections, urban or rural, taking into consideration the layout of the intersection, traffic volumes, location of the intersection, concentration of pedestrians, roadside interferences and that channelized intersections and the roadway width may require more lighting;
  • (3) Any significant change of the roadway alignment, long bridges, tunnels, or any structures that may be hazardous, such as curbs, piers, abutments, or culverts;
  • (4) Locations along the highway where police reports show crimes are committed, such as theft, rape, and bodily harm cases;
  • (5) Locations of a highway where traffic turning movements to and from roadside developments threaten public safety;
  • (6) Subdivision streets, provided that the street has been dedicated to the county and at least fifty per cent of the lots on the street are occupied.
• (b) Street lights not needed shall be removed. [Eff 3/23/00] (Auth: MCC § 12.17.030) (Imp: )

§15-901-10 Severability. If any portion of the foregoing rules or the applicability thereof to any person, property or circumstance is held invalid for any reason, that invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end these are declared to be severable." [Eff. 3/23/00] (Auth: HRS §§46.lS(13), (16)) (Imp: MCC §18.20.060)

ADOPTED this 18th day of October, 1999, at Wailuku, Maui, Hawaii.

DEPARTMENT OF PUBLIC WORKS
AND WASTE MANAGEMENT:
By CHARLES JENCKS, Director
JAMES H. APANA, JR. Mayor, County of Maui

Approved this 6th day of January, 2000.
APPROVED AS TOO FORM AND LEGALITY:
HOWARD M. FUKUSHIMA
Deputy Corporation Counsel
County of Maui
S:\CLERICAL\PJK\RUL\STLGTSTN

Received this 13th day of March, 2000.

I, CHARLES JENCKS, Director, Department Public Works and Waste Management, County of Maui, hereby certify:

• 1. That the foregoing is a full, true and correct copy of the Rules Pertaining to Street Lighting Standards for the County of Maui, which were adopted by the Department of Public Works and Waste Management on the 18th day of October, 1999, by affirmative vote of the proper majority following a public hearing on October 18th, 1999; and
• 2. That the notice of public hearing on the foregoing rules was published in the Hawaii State and County notices and the Maui News on the 18th day of October, 1999.

COUNTY OF MAUI
CHARLES JENCKS
Director