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:
ÒChapter 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:
ÒClass
I lightingÓ 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.
ÒClass
II lightingÓ 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.
ÒClass
III lightingÓ means any outdoor lighting used for decorative effects. It includes, but is not limited to,
waterfall and pond lighting, landscaping, and walkways.
ÒClass
IV lightingÓ means all lighting used for the illumination of roadways.
ÒDirectorÓ
means the director of public works and environmental management of the County
of Maui or the directorÕs duly authorized representative.
ÒLight SourceÓ
means the initial source of the light, a bare bulb.
ÒLighting
SystemÓ means any single projectÕs outdoor lighting plan for Class II lighting
uses.
ÒLight SpectrumÓ
means the band of electromagnetic radiation (light) that is visible to the
human eye.
ÒHigh Pressure
SodiumÓ or ÒHPSÓ means a bulb that is filled with high pressure sodium vapor
and emits light across a broad portion of the light spectrum.
ÒLow Pressure SodiumÓ or ÒLPSÓ means a
bulb that is filled with low pressure sodium vapor and emits light across a
narrow portion of the light spectrum.
ÒMercury VaporÓ
means any lamp containing mercury in a fused quartz tube and emits light across
a broad portion of the light spectrum.
ÒMetal HalideÓ means a lamp containing metal halide additives in addition to mercury vapor and emits light across a broad portion of the light spectrum.
ÒIESNA
StandardsÓ means the lighting standards of the Illuminating Engineering Society
of North America or ÒIESNAÓ.
ÒLumenÓ means the unit of measurement of the amount of brightness that comes from a light source.
ÒAugmented
Monochromatic LightingÓ 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.
ÒOutdoor
Lighting FixtureÓ means any outdoor artificial lighting device, permanently
installed or portable, which is intended to provide illumination for either
visibility or decorative effects.
ÒFully
ShieldedÓ 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.
ÒPartially ShieldedÓ
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.
ÒSecurity
LightingÓ 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,
manufacturerÕs 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