|
|
|
Cell phone towers are one of the many forms
of visual pollution that degrade the views from hiking trails. Numerous hiking and
environmental groups are working on the problems of making sure they are sited in
environmentally friendly ways.
One chapter by Jeff Anzavino of Scenic Hudson.
See also the publishers pages.
Q&A about towers (answers provided by Andrew Hyman, ATC)
- Tower applications have to be considered on a case by case basis instead
of optimizing a group of towers. (false)
I think your local officials may have gotten the wrong idea about whether they are
allowed by federal law to look at the "big picture" instead of
focusing only on
individual applications. Congress said the following when it passed the Telecom Act in
1996: "Actions taken by State or local governments shall not prohibit or have the
effect of prohibiting the placement, construction or modification of personal wireless
services. It is the intent of this section that bans or policies that have the effect of
banning personal wireless services or facilities not be allowed and that decisions be made
on a case-by-case basis." H.R. Conf. Rep. No. 104-458 at 208, reprinted in 1996 U.S.
Code Cong. & Admin. News at 222.The mere fact that decisions must be
made on a case-by-case basis does not prevent towns from enacting wireless ordinances that
are based on cooperative planning with the wireless companies. It does not prevent towns
from having ordinances that require tower applicants to prove that there are no technical
alternatives to putting a tower within view of parks and scenic trails. See
Cape Cod Commission's
wireless site.
- Does living near a tower increase the probability of lightening
strikes on your property?
Unknown. People are looking into the problem. It may be a useful defense for
homeowners if true.
- Does the law require that towns put up with bad technology
choices?
In a word, yes. The kind of technology used by Sprint is covered by the federal law which
says towns cannot "prohibit wireless service." But, the federal law also gives
towns a lot of flexibility in how they regulate placement of antenna towers.
- Does a decreased assessment of property values due to the
presence of a near-by tower help the homeowner?
Rarely will diminution of property values be a good enough reason for permit rejection.
ADIRONDACK MOUNTAIN CLUB
NEW YORK - NEW JERSEY TRAIL CONFERENCE
MEMORANDUM OF SUPPORT
Bill: A. 7546 By Assemblyman Kevin Cahill
Status: Assembly Committee on Local Governments
Title: AN ACT to amend the general municipal law, in relation to enacting the
wireless facility siting act and to provide for the placement, construction and
modification of wireless service facilities
Statement of Support:
The Adirondack Mountain Club and the New York New Jersey Trail Conference strongly
support this legislation which establishes minimum procedures and requirements for the
siting of wireless service towers and infrastructure for municipalities that do not choose
to enact local laws governing the siting of telecommunications equipment
The bill provides for local governments to conduct their review and approval process in
compliance with the State Environmental Quality Review Act. It fully complies with the
zoning authority preserved for states and local governments by of the Telecommunications
Act of 1996. The federal law states that "nothing in the act shall limit or effect
the authority of a state or local government over decisions regarding the placement,
construction or modification of personal wireless facilities."
Of particular importance to ADK and the Trail Conference is the legislation's
provision, which allows local governments to consider and base siting decisions on a
tower's effect on local historic sights and scenic vistas. This siting criteria recognizes
scenic resources as a value to our communities, one which, in the long run, often
contributes to their character and assessed value.
Accordingly, the Adirondack Mountain Club and the New York/New Jersey Trail Conference
strongly support the passage of A. 7546. These organizations, united in partnership, are
dedicated to conservation, education, outdoor recreation and protection of the New York's
Forest Preserve, parks, wild lands and waters. Together, they represent over 70 clubs and
over 100,000 hikers, paddlers, skiers and backpackers.
For information contact: ADK Office of Public Affairs at (518) 449-3870.
|