§ Title. The rules in this chapter shall be known as the "Outdoor Lighting Standards" [Eff. __/__/__] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

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

§ Purpose.

1. The purpose of this ordinance is to curtail and reverse the degradation of the night time visual environment by minimizing light pollution, glare, and light trespass through regulation of the form and use of outdoor lighting; and to conserve energy and resources while maintaining night-time safety, utility, security and productivity.

2. The rules herein are designed to ameliorate these following non-exhaustive list of adverse effects while maintaining the benefits of outdoor lighting:

   1. Light pollution obscures the pristine view of the night sky, which is a resource important to residents, visitors, and deeply significant to the Hawaiian culture.

   2. Light pollution causes disorientation and subsequent morbidity and mortality among native turtles, night flying birds, and other nocturnal wildlife.

   3. Light pollution significantly degrades the performance of the astronomical observatories on Haleakala, which is one of the five (5) best astronomical sites in the world.

   4. Street lights that produce glare interfere with, rather than improve, visual acuity during night time driving.

   5. Up-lighting from unshielded luminaires wastes energy, and thus contributes to global warming, wastes public resources, and contributes to pressures on Maui's energy infrastructure.

   6. Light trespass interferes with a property owner's control over the quality of their property. [Eff. __/__/__] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§ Construction.

1. All public and private outdoor lighting installed in the County of Maui shall be in conformance with the requirements established by the Outdoor Lighting Standards.

2. These rules should be read in conjunction with the provisions of Hawaii Revised Statutes, the charter of the county, and the Maui county code. The provisions of this article, including provisions for the imposition upon any person of the penalties by fine for any violation of this article, shall not be construed to exclude the operation of applicable State statutes or other County ordinances.

3. In any conflict between the general provisions herein and any other provision, the more restrictive provision shall govern. [Eff. __/__/__] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§ Definitions. For the purpose of these rules, unless it is plainly evident from 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.

• "Existing light fixture" means a light fixture installed, or approved by the County to be installed, before the effective date of this ordinance.

• "Fifteen (15) degree cutoff" means that a light fixture in its installed position does not emit any more than 5% of its total light output in the zone between (a) the horizontal plane through the lowest light-emitting part of the fixture and (b) 15 degrees below the horizontal plane.

• "Footcandle" means illuminance produced on a surface one foot from a uniform point source of one candela. Measured by a light meter.

• "Flood light" or "Spot light" means any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

• "Fully shielded" means that the outdoor light fixture is constructed so that in its installed position all of the light emitted by the fixture is projected below the horizontal plane passing through the lowest light-emitting part 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.

• "High Pressure Sodium" or "HPS" means a bulb that is filled with high pressure sodium vapor.

• "IESNA" or "Illuminating Engineering Society of North America" means the professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.

• "Light pollution" means any artificial light that is emitted into the atmosphere, either directly or indirectly by reflection, that alters the appearance of the night sky, interferes with astronomical observation, or interferes with the natural functioning of nocturnal native wildlife.

• "Light trespass" is any form of artificial illumination emanating from a fixture that penetrates other property other than its intended use.

• "Low Pressure Sodium" or "LPS" means a bulb that is filled with low pressure sodium vapor, which has a nearly monochromatic spectrum.

• "Luminaire" means the complete lighting assembly, less the support assembly.

• "Lumen" means a unit of light emission. For example, incandescent light bulbs with outputs of 60, 75 and 100 watts emit approximately 840, 1170, and 1690 lumens, respectively.

• "Outdoor lighting" means any outdoor artificial lighting device, fixture, lamp, or other similar device, permanently installed or portable, which is intended to provide illumination for either visibility or decorative effects. Such device shall include, but not be limited to, area, search, spot, and flood lighting used for:

  1. buildings and structures;

  2. recreational facilities;

  3. parking lots;

  4. landscape lighting;

  5. business and advertising signs;

  6. roadways;

  7. walkways.

• "Non-Essential" means lighting that is not necessary for an intended purpose after the purpose has been served. For example, lighting for a business sign, architectural accent lighting, and parking lot lighting, is considered essential during business or activity hours, but is considered non-essential once the activity or business day has concluded.

• "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.

• "Up-lighting" means lighting that is directed in such a manner as to shine light rays above the horizontal plane.

• "Urban" means areas designated urban by the State land use commission. [Eff. __/__/__] (Auth: HRS §§46.1S(13), (16)) (Imp: MCC §18.20.060)

§ General Exemptions.

1. Emergency lighting. Emergency lighting required for public safety is exempt from the requirements of this Ordinance. *

2. 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 Ordinance.*

3. Holiday decorative lighting. Low wattage fixtures (comprised by incandescent bulbs of less than 8 watts each or other lamps of output less than 100 lumens each) used for holiday decorations shall be exempt from the requirements of this article.*

§ Outdoor Lighting Standards Committee.

The County shall establish an Outdoor Lighting Standards Committee to fulfill the duties described herein.

§ Lamp standards.

1. Low pressure sodium vapor lamps (LPS) shall be the only allowed lamp with 1800 or greater lumens of output, with the following exceptions:

   1. In areas where color rendition is needed to preserve the effectiveness of the activity, LPS lamps are not required:

      • outdoor sales or eating areas during business hours,

      • assembly or repair areas,

      • recreational facilities and other similar applications,

      • advertising and other signs.

   2. Additional exemptions to the required use of Low Pressure Sodium lamps may be granted on a case by case basis where the lighting requirements critically depends on color rendition. High pressure sodium or metal halide lamps may be used with the approval of the director and the Outdoor Lighting Standards Committee.

2. Specifically, mercury vapor lamps are expressly prohibited. The installation, sale, offering for sale, lease or purchase of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited.

3. For roadways within the rural or agricultural areas, the maximum allowable wattage shall be 50W LPS for internal road intersections and 75W LPS for intersections from a project with a major and/or minor collector road, or 70W and 110W, respectively, for existing fully shielded HPS fixtures.

4. For roadways within the urban areas, the maximum allowable wattage shall be 75W LPS for internal road intersections and 125W LPS at intersections with a major or minor collector road, or 110W and 175W, respectively, for existing fully shielded HPS fixtures. [Eff. __/__/__] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§ Luminaire standards.

1. Fully shielded luminaires with a fifteen (15) degree cutoff shall be the only allowed fixture for outdoor lighting, with the following exceptions:

   1. Luminaires that have a maximum output of 260 lumens per fixture (the approximate output of one 20 watt incandescent bulb), regardless of number of bulbs, may be left unshielded provided the fixture has an opaque top to keep light from shining directly up. *

   2. Luminaires that have a maximum output of 1,000 lumens per fixture (the approximate output of one 60 watt incandescent bulb), regardless of number of bulbs, may be partially shielded, provided the bulb is not visible, and the fixture has an opaque top to keep light from shining directly up.*

   3. Sensor activated lighting may be unshielded provided it is located in such a manner as to prevent direct glare and lighting into properties of others or into a public right-of-way, and provided the light is set to only go on when activated and to go off within five minutes after activation has ceased, and the light shall not be triggered by activity off the property.*

   4. All flood or spot luminaires with a lamp or lamps rated at 900 lumens or less, may be used without restriction to light distribution or mounting height, except that if any spot of flood luminaire rated 900 lumens or less is aimed, directed, or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, or directed towards and onto the ocean or shoreline areas, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.*

   5. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark Backgrounds with light lettering or symbols are preferred, to minimize detrimental effects. Such signs may not be operating after the closing of the business or 11:00 p.m., whichever is later. *

2. Luminaires within 100 meters of the ocean that have an output of at least 900 lumens per fixture shall have additional shielding so that no light shines directly on the ocean or sandy beach within 20 meters from highest high tide mark. [Eff. __/__/__] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§ Luminaire mount standards.

1. For free-standing luminaires, the maximum height of the light pole, measured from ground level directly below the luminaire to the bottom of the lamp itself, shall be twenty feet, except that luminaires used for playing fields shall be exempt from the height restriction provided all other provisions of this Ordinance are met.

2. Building-mounted luminaires shall be attached only to walls, and the top of the fixture shall not exceed the height of the parapet or roof, whichever is greater.

3. Free standing aluminum light poles and aluminum arms shall continue to be stocked and used for existing lighting within major collector roadways.

4. Any new subdivision or project that requires street lighting within public roadways, shall use light poles that are non-reflective, such as anodized bronze or any other light pole accepted by the director and the Outdoor Lighting Standards Committee.

5. Any unusual or project specific requests for non-complying lighting poles shall be reviewed and approval by the director and the Outdoor Lighting Standards Committee, and such approval shall be forthcoming only if the request is found to be consistent with the intent and purposes of the Outdoor Light Standards. [Eff. __/__/__] (Auth: HRS §§46.15(13), (16)) (Imp: MCC §18.20.060)

§ Street light installation, illumination, removal and alteration guidelines.

1. 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.

2. Street lights are only required at intersecting streets.

3. Street lights not needed shall be removed.

4. Street lights for roadways and subdivisions within the rural or agricultural districts are not to be required, and standards for these districts should be those that reflect the desire of local Community Plans (Makawao/Pukalani/Kula Community Plan-1996 /Subdivision/Improvements). [Eff __/__/__] (Auth: MCC § 12.17.030) (Imp: )

1. Existing light fixtures must be made to comply with the requirements of this Ordinance within five (5) years from the effective date of this ordinance, with the following exceptions:

   1. Existing light fixtures that are fully shielded need not have a fifteen (15) degree cutoff.

   2. Existing light fixtures that are fully shielded need not use Low Pressure Sodium bulbs.

   3. Existing light fixtures whose operation is paid for by the County of Maui shall be made to comply with the requirments herein using the most cost-effective replacement schedule, or within five (5) years, which ever comes first. The cost-effectiveness shall be evaluated taking into account the energy savings realized by bringing light fixtures into compliance with these regulations.

2. § Notification.

   1. The Maui County Building and Planning Department permits shall include a statement asking whether the subject property of the proposed work includes any exterior lighting.

   2. Within thirty (30) days of the enactment of this Ordinance, the Planning and Zoning Administrator shall send a copy of the Outdoor Lighting Standards with a cover letter to all local electricians and local electric suppliers listed in the local 200__ telephone books, as well as to the Maui County Chamber of Commerce. Within ninety (90) days (coincide with next available mailing) the Planning and Zoning Administrator shall send notice to all property owners on the Maui County Water and Sewer mailing lists.

3. § The County's Role.

   1. The County of Maui will commit to changing all lighting within the County rights-of-way and on County-owned property to meet the requirements of this Ordinance through the franchise agreement with the power company and/or through the Light Conformance Schedule adopted by resolution by the Council.

   2. The County of Maui will assist property owners and/or occupants to correct any nonconforming lighting through consulting with the owner/occupant and assisting in the provision of shields.

4. § Penalties.

   1. Violation. It shall be a civil infraction for any person to violate any of the previsions of the Outdoor Lighting Standards. Each and every day during which the violation continues shall constitute a separate offense. Each and every unit of a prohibited lamp or luminaire that is sold, as itemized in section 7(b), shall constitute a separate offense.

   2. Violations and Legal Actions: If, after investigation, the County finds that any provision of the Outdoor Lighting Standards is being violated, the County shall give written notice of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within one hundred twenty (120) days of the date of the written notice. In the case of the sale of prohibited lamps and luminaires, abatement shall consist of a recall by the seller and return to the seller of all prohibited units sold. If the violation is not abated within the one hundred twenty day period, the County shall institute actions and proceedings, to enjoin, restrain, or abate any violations of the Outdoor Lighting Standards and to collect the penalties for such violations.

   3. Penalties: A violation of the Outdoor Lighting Standards, or any provision thereof, shall be punishable by a civil penalty of $500 for a person's first violation thereof, and a penalty of $750 for each repeat violation. Each day, after the expiration of the one hundred twenty day period provided in paragraph (b) above, that a violation occurs, or is permitted to exist, constitutes a separate violation for the purpose of the civil penalty. Furthermore payment of such a fine shall not relieve the individual from the responsibility of correcting the condition in violation, nor shall it preclude the County from instituting any action for its removal.

5. § 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. __/__/__] (Auth: HRS §§46.lS(13), (16)) (Imp: MCC §18.20.060)

6. § Repealer Clause. All County of Maui ordinances or resolutions or parts thereof which are in conflict herewith are hereby repealed. [Eff. __/__/__] (Auth: HRS §§46.lS(13), (16)) (Imp: MCC §18.20.060)