Southampton Passes Dark Sky Legislation

Compromise Does Not Include Amortization

By Aaron Boyd | 7 Comments

The U.S. night sky. The clear outline of the New York Metro Area and Long Island can be seen on the Northeast Coast. Image courtesy of the National Oceanic and Atmospheric Administration (NOAA)

Southampton - The Southampton night sky continues to darken as the shortest day of the year gets closer and with the new Dark Skies legislation passed by the Southampton Town Board, future winter nights may be filled with more natural light from the stars above, rather than the spotlight from a neighbor's garage or an over-lit shopping center nearby.

Light pollution can make it impossible to see the universe at night. Photo courtesy of International Dark Sky

The finalized Dark Skies legislation, which passed the board four-to-one after two and a half years of debate, is, at its heart, an attempt at compromise. The main goals of the new law are "to protect our starry night sky by reducing upward directed light," according to Councilwoman Nancy Graboski, who spearheaded the legislation, "And we want to conserve energy. This law will help us do that." While the law sets standards for light fixtures, including total allowable wattage, the range of angles lights can be positioned at, the type of lenses and the hours they can be left on, the board made a concession to the business community by not setting amortization provisions that would have required everyone with existing lighting in Southampton to bring themselves into compliance with the law by a certain date.

Though existing lighting schemes are deemed pre-existing and will not be forced to comply, the law does provide for addressing "nuisance lighting," which is defined in the final draft as "any outdoor lighting that creates a potential hazard to the public or light trespass or glare to neighboring properties, thereby causing loss of enjoyment, comfort or repose." All new lighting will be required to comply with the legislation, however, "If there's [existing] lighting that's intrusive, we've included in the law a section that treats it as a nuisance," Graboski explained, "Sometimes it's as easy as turning the light." Properties found to have nuisance lighting will have 30 days to comply.

Porch lights emitting 60 watts or less and flood lights at less than 100 watts, angled at no more than 45 degrees, are permitted under the law. Anything brighter than these levels must be shielded or set with a full cutoff lens, though many times compliance will merely require a lower-wattage bulb or a sharper downward angle. Cutoff lenses are flat plates of glass, rather than the cobra-head style most often seen on streetlights and along highways. "None of that light is going above the horizontal," Graboski said of the cutoff lens, "It reduces the ability of that light to shine on another property." Examples of areas that are currently using these fixtures are Bridgehampton Commons and the King Kullen shopping center in Hampton Bays, both of which comply with the new Dark Skies legislation.

Southampton Town Councilwoman Nancy Graboski ushered the legislation through two and a half years of deliberation. Photo by Kelly Carroll

Safety is still a primary concern, and the new law distinguishes between "essential," lighting necessary for walkways and entrances, and "non-essential" lighting, such as landscape or decorative lighting. For non-essential lights, the law encourages home and business owners to use motion sensors and timers, though their use is only encouraged, not mandated. The goal is to "reduce energy waste," Graboski said, "We're urging people not to leave lights on from dusk to dawn."

Holiday lights, flagpole uplighting and lights illuminating public monuments are exempt from the law; neon, daytime-running lights and any fixtures that revolve, blink or scroll are explicitly prohibited.

"I had a phone call from someone in North Sea," Graboski recalled, citing the importance of the legislation, "There is no question that because of where she is, when you look toward Southampton you can see the glow. If you get people to dim their lights, we can regain that starry night sky."

Comments

Guest (tater salad) from East Hampton says:
The more people who move out here to escape the city, the more they turn it into the very city they seek to escape. This is why they are affectionately known as "Citiots"

Guest (patricia lyden) from Sydney Australia says:
I am so pleased to read about positive action to reclaim the sky and the stars. Light pollution means there are many children in cities and suburbs who cannot venture outside and look up in wonder at the beauty of the night sky. The sky in the southern hemisphere is magnificent but with the lights in Sydney these days, where once, as a child, I could go outside and look up at the Southern Cross in my yard, now I cannot. Well done Hamptons.

Guest (John ) from North Sea says:
I have lived here for 25 years and applaud this law. Over the past few years my neighbor has continually added lights to his front yard, mostly aimed at my home. Latest count is 10, and counting. I could get a sunburn at night. It certainly takes away from the beauty of the night sky. Suggestion,put in motion detectors to ward off the "bad guys". In 25 years not a stick of wood has been stolen!!! We understand concern and being cautious,but this carries it too far!!!!

Guest (Jeff Cooper) from Dune Rd. Hampton Bays says:
Maybe the so-called Hampton Bays Beautification Committee will realize how rediculous and wasteful it is to brilliantly floodlight the already lit-for-aviation water tower in the middle of town. It serves as a beacon for "come here to get drunk" every night, and who is paying for the electricity to light it up? Turn off the floodlights!

Guest (Mike) from Speonk says:
The problem with the law is this "any outdoor lighting that creates a potential hazard to the public or light trespass or glare to neighboring properties, thereby causing loss of enjoyment, comfort or repose." So I just decided that as member of "the public", that Nancy Graboski's outdoor light causes me "loss of enjoyment". Now please go give her a fine. There is no threshold or standard to violate. All you need to do is violate someone else opinion of what enjoyment or comfort is.

Guest (Anabelle) from East Hampton says:
Good Job! It is annoying to have the neighbor's sweeping Berlin Wall spotlight illuminating two sides of my home as if there were those still fleeing the comunist regime. Despite the polite request to tame the halogen, it continues. Now we must force the issue with the town board and/or the police and file a "nuisance complaint". We will mostl likely become "bad" neighbors because others are too selfish to care about anyone but themselves. That we have been here 20 year prior to the neighbors arrival seems to offer them nothing else than disdain and contempt for everyone else. Their selfishness shines brighter than their spotlights.

Guest (one more time) from southampton says:
I would like to know who is going to enforce this since code enforcement officers only work during the day. What are the fines imposed on to much light. Their are noise meters to measure noise pollution, anyone trained in the latest light pollution meters. Laws are great, again how is Nancy Graboski planing to enforce this. We already have Town Laws on the books that can not be enforced without violating someones civil rights. Lets solve our money crisis before we worry if someone has a 110 watt light bulb on. ps bad guys love this law it will give them more places to hide.

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