Southampton Village Residents Rejoice Over Proposed Stricter Regulations To Landscapers

Cindy McNamara of East Quogue does landscaping work with her husband, Dan. The duo has one “big” client in Southampton Village that makes coming across the Shinnecock Canal worth it.

But stricter regulations on construction, property maintenance and landscaping proposed by Southampton Village officials could change that, Ms. McNamara said.

Southampton Village Board members unveiled two proposed laws at a joint public hearing on Tuesday, January 22: the first was a possible annual registration for landscapers, which the village had done in 2011 as a way to monitor who is properly licensed; and the second proposed time-of-day restrictions, in which construction and property maintenance work can be done.

The restrictions would include a summer ban for the use of gas-powered leaf blowers. Municipalities across the South Fork have debated similar regulations to offer quieter neighborhoods, however landscapers whose jobs rely on the loud maintenance tools say they aren’t ready to make the switch. Plus, landscapers would have to pay a fee to get stickers for their vehicles to do work in Southampton Village—just like a beach pass.

Ms. McNamara contends the village is unfairly targeting a specific industry with the proposed laws. She added the summer ban on gas-powered leaf blowers was impracticable for small operations like her family business.

“We cannot afford to lose this one client in the village, but the cost and headache this resolution brings doesn’t make it worth it anymore,” she said to board members Tuesday.

The village’s two proposals and subsequent public hearing were held after six months of negotiations with residents, environmentalists, public health advocates, landscapers and industry groups.

In August, residents complained about the excessive noise gas-powered leaf blowers make. Local landscaping companies packed the boardroom to defend their industry. Currently, Southampton Village does not have any ban on blowers, but has noise standards in its code. In a residential district from 7 a.m. to 7 p.m., sound cannot exceed 65 decibels, and most blower brands peak way over that.

Residents renewed their complaints this week.

“The noise is really intolerable,” said Walter Skretch, a village resident. “This summer was surround sound at its best. When it was over, I had that ringing in my ears like after a band played. That’s not the quiet community we all want.”

Some village officials, like Mayor Michael Irving, and residents want landscapers to transition to battery-powered electric leaf blowers with the hope that they are quieter in addition to being emission-free.

But battery-powered leaf blower aren’t much softer—the quietest one runs at about 65 decibels, according to several industry reports. Having 65 decibels of sound is nearly as loud as running a hair dryer or vacuum cleaner. However, they do provide a more environmentally friendly and health-conscious solution, with reduced gas emissions and particulate debris.

“What we have proposed is not written in stone. I am trying to make a law that is amicable to you, the landscapers, and amicable to the residents. But the majority of the complaints I get are about you guys,” Mr. Irving said to the landscapers in the boardroom, which packed Village Hall to defend their industry.

The board wants to limit all related work to be done within the hours of 8 a.m. and 6 p.m. on weekdays and 9 a.m. and 5 p.m. on Saturdays. All work would be prohibited on Sundays and on federal and state holidays. From May 15 to September 30, landscapers would be banned from using gas-powered leaf blowers on residential yards. The village fire marshal’s office would be charged to enforce the code.

In addition, walk-behind leaf blowers are prohibited, and no more than two hand-held or backpack leaf blowers could be used at a time, unless the property is larger than a half-acre.

Violating the nuisance and gas-powered leaf blower laws could result in a fine of up to $1,000 and/or imprisonment of up to 15 days. Punishment for invalid registration could result in fines between $250 and $2,500 depending on the number of times a landscaper has violated the law. Village officials can also revoke a landscaper’s registration.

Golf, beach and tennis clubs—and municipal employees responding to an emergency or cleaning up after a major storm—would be exempt from the restrictions. Swimming pool maintenance and snow blowing do not fall under the proposed regulations. A homeowner would also be exempt while working on their own property.

If the measure for annual enrollment is approved, individual landscapers will need to submit a completed registration form with a payment of $100; a business would pay $250. All landscapers would be required to have a valid and current Suffolk County Home Improvement License as well as provide copies of any certificates for using pesticides or fertilizers.

The board is considering certain changes to the proposed laws to allow in-kind home improvement licenses, including from Southampton and East Hamptons towns. The county license excludes the towns in its coverage, which is why landscapers double up or work without receiving county certification if they just work within the towns.

Notably, representatives for the Nassau Suffolk Landscape Grounds Association, a trade group that represents professional landscaping and gardening services on Long Island, fully supported the two proposals—with some caveats.

H. Pat Vogues echoed the McNamaras, saying the cost to register annually is too steep for landscapers. For instance, landscaper Phil Fox employs 26 people, and would need to pay thousands of dollars to get his trucks and crew registered. Worse, he asked, is how the village’s one code enforcement officer would be able to handle nearly six, 10-hour shifts.

“A law without enforcement is a joke,” Mr. Vogues said.

His wife, Pat Voges, offered the village assistance in helping to teach and certify landscapers in consumer affairs law, pesticide regulation and disposal practices.

Landscapers gave the board additional notes for their consideration, including creating an incentive for them to purchase battery-powered leaf blowers, such as reducing or waiving registration fees, and for the village to have a strategy for how to deal with lawn clippings and waste. Lawn clippings are a valuable source of nitrogen, and could save landscapers a fortune if they didn’t have to remove them from properties, Mr. Voges said.

For the McNamaras, if the proposed laws stay the way they are, it would mean their business would suffer.

“A blower to me is a 10 minute job,” Mr. McNamara said. He prides himself on buying the top-of-the-line equipment for him and his wife, so the two of them can get every job done efficiently for the few, but valuable accounts they have.

“It was real quiet when I was kid,” said Mr. McNamara, who grew up in Water Mill. “It’s not quiet here anymore. There are a lot of people out here now.”

At the end of the night, board members continued the public hearing to their March 14 meeting, with the hope that laws will be in place before summer.