There are a number of Fountain Hills residents who take pride in the dark sky environment in Fountain Hills and hope to one day develop an observatory to attract amateur astronomers from far and wide. An official “Dark Sky” certification for the town from the International Dark Sky Association would go a long way to help achieve these goals.

Action taken by the Planning and Zoning Commission Oct. 13, regarding lighting regulations may help maintain the dark environment, but members of the town’s Dark Sky Committee say the new rules, while appreciated, do not go far enough.

Development Services Director Bob Rodgers initiated the changes to the lighting regulations in the Zoning Ordinance some time ago, primarily to update terminology and bring the requirements in line with new technology. Over the course of the review Rodgers met several times with representatives of the Dark Sky Committee and was able to address most of their goals in the updated version of the ordinance.

However, there are two objectives the committee members say are needed to achieve the Dark Sky Certification for the town, which Rodgers said he is unwilling to incorporate into the ordinance at this time.

The first of those requirements is for a residential lumen density cap. Rodgers said he considers the specific language redundant and he would prefer to include such a regulation in the submittal for concept/site plan approvals for construction.

He also said he believes such a regulation is unenforceable.

The second item Rodgers did not include is regulation of municipally owned lighting.

“Municipal lighting is exempt from this ordinance for practical as well as public safety reasons,” Rodgers said.

He added that the ordinance specifically exempts the town from the ordinance.

Rodgers said he is recommending this item be adopted by Town Council as policy rather than ordinance. He said as proposed the rule is also unenforceable.

Joe Bill, a member of the Dark Sky Committee, said the committee is in support of the changes proposed, stating they go a long way toward closing a number of loopholes in the existing rules. However, he expressed disappointment that staff has not addressed the final two requirements for certification.

Commissioner Amberleigh Dabrowski asked Rodgers what is involved in enforcing the lumen density.

Rodgers said other than approval of an initial lighting plan there is nothing staff can do to control how the lights may be changed out over time.

He said if there was a complaint code enforcement personnel could go out and check to see that light bulbs were the proper wattage (lumens).

Nancy Bill, chairman for the Dark Sky Committee, said it has been a good effort to update the ordinance, but it would be important for the town to achieve the dark sky certification.

“To have this (certification) in such proximity to a major metro area would be a nationally recognized achievement,” Bill said. “This (ordinance) meets almost all of the criteria for certification except for these two areas.”

One commission member asked Rodgers about putting the requirements in to satisfy the International Dark Sky Association.

“If it is the intention to put this in for certification and then forget about (enforcement), that’s an ordinance I’d rather not have,” Rodgers said.

The commission voted 6-0 to recommend the council approve the ordinance amendments as proposed, without the additional regulation.

The Town Council is scheduled to hold a public hearing and consider the ordinance amendments at its regular session on Thursday, Nov. 3.