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Question DetailsAsked on 12/1/2017

I live in Palm Coast Fl. On my property is a power pole. nieghbor wants a street light I don't what my rights

The new neighbor want the street light that will shine in my bedroom window I do not want the light. Do I have any say so to Fl. Power and light

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Can't say specifically for Palm Coast - and of course may be different rules and certainly different agencies involved if in city or county area, if in a street lighting district, etc. - but I can address ion general how it is usually handled. And register any objections IN WRITING, including your name, address, phone number. Verbal complaints or statements of concern receive MUCH less attention because they do not have to be responded to in writing so there is no paper trail that can come back to bite the organizations, and commonly the conversation notes (if any) do not make it into any application file.


Obviously, easiest way is handling this directly with the neighbor in terms of wattage, location, type of light (LED usually aims much straighter down with less spread though is a harsher light, halogen usully about worst for lateral spread) and possible light shielding on the light head to block direct light from your window - depending on your relation with him/her of course.


Another possibility is convince him to go with a directed flood light (aimed away from your window) rather than a street light.


1) if on public street lighting in your area, and this is a pole along the street so this will be just another "street light" overhanging the street with the city/county paying the bills, then address it with the streets or street lighting department - whoever has jurisdiction over street lights.


2 )if above but you are in a separate street lighting district, then find out how that is managed - sometimes by local road board or such, sometimes by a homeowner's association or such, rarely by a lighting district board of directors, sometimes by public works department, sometimes you have to file an appeal of the action (or maybe initially request that it go to public notice and hearing) with Planning and Zoning board or directly with the Assembly or City Council or City Manager or whatever overall legislative/executive body you have in your area.


3) if going on power pole but will overlook private property, not primarily the street, then two alternatives:


a) if the light will be rented or leased from the utility (so they own it and neighbor will pay a lat monthly fee for its use and maintenance) then certainly the utility is the first one to take it up with - but you can also address it with government agencies from the aspect of a public nuisance - usually the Planning and Zoning department handles objections like this. If you file a written complaint with the government, the quickest way to put a bug in the works is to demand a public notice period and public hearing on this rather than just an administrative permit application review. In some areas they need a minimum of 2 or 3 such requests in wirting before it guarantees it goes through the full public notice/hearing routine, which is much more of a hassle and typically more expensive for the applicant. If you get the run-around you local assemblyman or councilman or such might be a help.


b) if the light will be privately owned and nieghbor will be billed just for installation cost plus monthly electricity use, or maybe monthly for electricity plus a pole use rental fee, then the utility company is not directly in the decision loop, though an objection to them might make them pass the approval off to Planning and Zoning department or such.


In any event, you will have to be able to show that the light will be a public nuisance (unlikely if mnormal street light watage) or an excessive personal burden on you - just illuminating your yard is generally NOT considered (except in a few areas like in California and Seattle and near some national parks and such where there are legal limits on artificial illumination cast on neighboring properties) sufficient cause for you to be able to stop it, you normally have to show (via calculations or more likely by an expert witness like an illumination engineer or architect) that the lumens (light intensity) at your windows will exceed national or local standards or regulations - a tough row to hoe in most cases unless a real glaring (no pun intended) circumstance.


Certainly getting the applicant/utility company to agree to light shielding on the light head to keep most of the light off your property, and/or using a narrower downward-directed limited flood (liekthe newer LED heads though they are brighter intense blue than the softer halogen light bulbs, but also MUCH more energy efficient for same illumination) rather than broad-floodlight light head and bulb is the easiest approach.


Otherwise, if you are unable to stop it entirely (likely not unless several immediate neighbors join you in the complaint/objection), then your alternatives include light-diminishing window film on the window(s) in question, heavy drapes inside, shutters (have to be openable easily from inside and outside if a bedroom, for emergency egress), or a tall vegetative screen (expensive if to be immediately effective, rather than after a few years) with evergreen trees or such. Or if a ground floor window, screening lattice with climbing plants, gazebo, fence, or such far enough from window to not block it for egress, but close enough to intercept the light coming to the window.

Answered 11 months ago by LCD




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