....aesthetics?
----- Original Message -----
From: "Herbert Sweet" <k2gbh@arrl.net>
To: <towertalk@contesting.com>
Sent: Monday, July 01, 2002 8:45 AM
Subject: [Towertalk] NYS PRB-1 TEXT and Rationale
> As has been pointed out, many localities have zoning that prohibit any
> structure over 35 feet. It is a fairly common standard. And in some
> places it is even worse for us. In a town near me, they refuse to
> permit a local ham to construct a tower higher than fifteen feet!
>
> Please keep in mind that it is the legitimate function of local
> government to protect it citizenry. In all aspects of living, not just
> our towers, as much as we would all "like to be left alone", there are
> many individuals that will not exercise good judgement or concern for
> their neighbors and this is where government is needed. In this case
> the issues are safety and esthetics.
>
> This bill will not prohibit towers over 95 feet. What it will do, is
> prevent towns from arbitrarily prohibiting towers below that limit.
> Ninety five feet is an ambitious number and is the limit of what the
> legislation group felt was achievable. Increasing that limit to
> accommodate the super sized towers, as much as we would like to have
> done so, would likely have raised more eyebrows than aye votes.
>
> In regards to out of state hams participating in the effort, my sense
> is that it probably would be counterproductive. I will get some more
> information on that and report later.
>
> Herb Sweet
> K2GBH
> Town of Hyde Park Master Plan and Zoning Review Committee -- since 1993
>
> ARRL Local Government Liaison
> ARRL State Government Liaison
> NYS PRB-1 Legislative Group
>
>
>
> S T A T E O F N E W Y O R K
>
> ________________________________________________________________________
>
> 1565--C
>
> 2001-2002 Regular Sessions
>
> I N A S S E M B L Y
>
> January 16, 2001
> ___________
>
> Introduced by M. of A. TOCCI, TONKO -- Multi-Sponsored
> by -- M. of A.
> SCHIMMINGER, SMITH, WEISENBERG -- read once and
> referred to the
> Committee on Local Governments -- committee
> discharged, bill amended,
> ordered reprinted as amended and recommitted to
> said committee --
> again reported from said committee with amendments,
> ordered reprinted
> as amended and recommitted to said committee --
> reported and referred
> to the Committee on Rules -- Rules Committee
> discharged, bill amended,
> ordered reprinted as amended and recommitted to the
> Committee on Rules
>
> AN ACT to amend the general municipal law, in
> relation to the
> construction and use of antennas by amateur radio
> operators and limit-
> ing restrictions regarding antenna support structures
>
> THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
> SENATE AND ASSEM-
> BLY, DO ENACT AS FOLLOWS:
>
> 1 Section 1. The general municipal law is amended by
> adding a new arti-
> 2 cle 13-E to read as follows:
> 3 ARTICLE 13-E
> 4 ANTENNAS AND
> 5 ANTENNA SUPPORT STRUCTURES; AMATEUR
> 6 RADIO OPERATORS
> 7 SECTION 300. DEFINITIONS.
> 8 301. PROHIBITIONS.
> 9 S 300. DEFINITIONS. AS USED IN THIS ARTICLE:
> 10 1. THE TERM "ANTENNA" MEANS AN ARRAY OF WIRES, TUBING
> OR THE LIKE USED
> 11 FOR THE TRANSMISSION AND RECEPTION OF RADIO WAVES.
> 12 2. THE TERM "ANTENNA SUPPORT STRUCTURE" MEANS A
> STRUCTURE OR FRAMEWORK
> 13 THAT IS DESIGNED TO ELEVATE AN ANTENNA ABOVE THE GROUND
> FOR THE PURPOSES
> 14 OF INCREASING THE EFFECTIVE COMMUNICATIONS RANGE AND
> RELIABILITY OF AN
> 15 AMATEUR RADIO STATION. AMATEUR RADIO ANTENNA SUPPORT
> STRUCTURES ARE
> 16 REMOVABLE BY DESIGN AND THEREFORE ARE A REMOVABLE
> STRUCTURE FOR TAX
> 17 ASSESSMENT PURPOSES.
>
> EXPLANATION--Matter in ITALICS (underscored) is new;
> matter in brackets
> { } is old law to be omitted.
>
> LBD01846-08-1
>
> A. 1565--C 2
>
> 1 3. THE TERM "AMATEUR RADIO" MEANS THE USE OF AMATEUR
> AND AMATEUR-SA-
> 2 TELLITE RADIO FREQUENCIES AND SERVICES USED BY
> LICENSED, QUALIFIED
> 3 PERSONS OF ANY AGE WHO ARE INTERESTED IN RADIO TECHNIQUE
> WITHOUT PECUNI-
> 4 ARY INTEREST. THESE SERVICES PRESENT AN OPPORTUNITY FOR
> PUBLIC SERVICE,
> 5 SELF-TRAINING, INTERCOMMUNICATION, AND TECHNICAL
> INVESTIGATIONS.
> 6 4. THE TERM "AMATEUR RADIO OPERATOR" MEANS ANY
> PERSON WHO HAS BEEN
> 7 DULY EXAMINED AND LICENSED BY THE FEDERAL COMMUNICATIONS
> COMMISSION OR
> 8 ITS DESIGNEE FOR THE OPERATION OF TRANSMITTING AND
> RECEIVING APPARATUS
> 9 ON RADIO FREQUENCIES INTERNATIONALLY AGREED UPON FOR
> THE USE OF THE
> 10 AMATEUR RADIO SERVICE.
> 11 S 301. PROHIBITIONS. 1. NO POLITICAL SUBDIVISION
> ZONING ORDINANCE,
> 12 BY-LAW, RULE, REGULATION, ORDER OR OTHER LOCAL LAW OR
> ORDINANCE SHALL
> 13 PROHIBIT OR EFFECTIVELY PROHIBIT THE CONSTRUCTION OR
> USE OF AN ANTENNA
> 14 SUPPORT STRUCTURE BY A FEDERALLY LICENSED AMATEUR RADIO
> OPERATOR. ANY
> 15 SUCH POLITICAL SUBDIVISION ZONING ORDINANCE, BY-LAW,
> RULE, REGULATION,
> 16 ORDER OR OTHER LOCAL LAW OR ORDINANCE IMPACTING THE
> PLACEMENT, SCREENING
> 17 OR HEIGHT OF ANTENNA SUPPORT STRUCTURES MUST
> REASONABLY ACCOMMODATE
> 18 EFFECTIVE OPERATION OF AMATEUR RADIO ANTENNAS AND SHALL
> IMPOSE THE MINI-
> 19 MUM REGULATION NECESSARY TO ACCOMPLISH THE
> POLITICAL SUBDIVISION`S
> 20 LEGITIMATE PURPOSE. ANY SUCH POLITICAL SUBDIVISION
> ZONING ORDINANCE,
> 21 BY-LAW, RULE, REGULATION, ORDER OR OTHER LOCAL LAW OR
> ORDINANCE SHALL
> 22 CONFORM TO THE LIMITED PREEMPTION ENTITLED "AMATEUR
> RADIO PREEMPTION",
> 23 101 FCC 2ND 952 (1985) ISSUED BY THE FEDERAL
> COMMUNICATIONS COMMISSION.
> 24 2. NO POLITICAL SUBDIVISION ZONING ORDINANCE,
> BY-LAW, RULE, REGU-
> 25 LATION, ORDER OR OTHER LOCAL LAW OR ORDINANCE SHALL: (A)
> RESTRICT ANTEN-
> 26 NA SUPPORT STRUCTURE HEIGHT TO LESS THAN NINETY-FIVE
> FEET ABOVE GROUND
> 27 LEVEL; OR (B) RESTRICT THE NUMBER OF ANTENNA SUPPORT
> STRUCTURES.
> 28 3. NOTHING IN THIS SECTION SHALL AFFECT THE
> APPLICABILITY OF THE
> 29 ADIRONDACK PARK AGENCY ACT, IN ACCORDANCE WITH ARTICLE
> TWENTY-SEVEN OF
> 30 THE EXECUTIVE LAW, AND THE JURISDICTION OF THE
> ADIRONDACK PARK AGENCY
> 31 OVER THE LOCATION AND HEIGHT OF STRUCTURES.
> 32 S 2. This act shall take effect 180 days after it shall
> have become a
> 33 law.
> .SO DOC A 1565C *END*
> BTXT 2001
>
>
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