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[Towertalk] NYS PRB-1 TEXT and Rationale

To: <towertalk@contesting.com>
Subject: [Towertalk] NYS PRB-1 TEXT and Rationale
From: k4oj@tampabay.rr.com (Jim White)
Date: Mon, 1 Jul 2002 11:00:11 -0400
....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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