Item 3 - PH/Ord. on Cell Towers - Laserfiche WebLink

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_., ,,, Policy perspectives. r~oived: beauty/s in the beholder's eye, health risk, but only that the perCeption Taking the Initiative · -. and some might argue that towers in fact of danger led to a drop in property value. Residents concerned about PCS towers enhance, rather than detract from, the The court held that Whether the danger is for reasons of aesthetics, health, or municipal panorama's appearance. The scientifically genuine is irrelevant to the property values may oppose tower siting health debate might be hlmo~t as diffi- cenunl issue of market value impact. . on public land under any ciroumstanoes, cult; with cell towers still in their infan- viewing the receipt of money as inappro- cy, it is far too soon to develop reliable The Rental Alternative priate collaboration with PCS providers. scientific information on health effects. Because the PCS operator seeking access However, because the Telecesranunica- Moreover, issues of aesthetics and to a site can posst"oly obtain it by pursu- tions Act of 1996 p~cludes the blanket health intertwine when tower opponents ins federal, state, or judicial remedies, a denial of permission to build ceil towers, argue that ttwers reduce property values, seemingly sens~lc approach for a muni- and because courts and state legislatures Indeed, opponents might disguise con- cipality is simply to make the desired have also supported the industry, it would rems about aesthetics as health concerns, fights available at an appropriate price, seem to be in residents' best interests to because the latter appear less frivolous. As noted curlier, thc municipal sale of participate actively in the process. In fact, Yet whether the dangers arc imagined or zoning rights for cellular tower construe- by offering to lease municipal land for real' opponents* coucems have delayed · ti0n would enable a community, and thus tower siting, a locality would be able to tower approval by many local planning its residents, to be compensated for thc gain some comrol over the process, along boards, and several lawsuits have been negative externalities that may derive with some revenue. Thc rent would corn- brought by residents against municipali- from cell towers' existence. Yet while pensate citizens, at least in part, for any negative externalities created by the wire- The municipal sale of zoning rights for tower construction less systems. ]vioreover, if operators . to price their services to reflect the nega- would enable a community, and thus its residents, to be tive externality costs currently borne by others, the allocation of societal resour- compensated fOr the negative externalities that may derive · ces to this burgeoning industry would be from cell towers' existence, reduced to a more efficient level. · Dr. McDonough i~ a Profe~or of Econ- ties that have approved the construction selling zoning rights is thc most efficient omi~ at the Univer~i~/ofMavsachu~e~t~- of towers. Concern over cell towers has economic solution, the outright sale of Lowell. She al~o serv~ ay Clerk oftlu~ led to the formatioh of organizations such regulator/approval raises legal qUcstious, dndover, ~ Zoning Board of~ppeals. as the Cellular Tower Coalition (CTC), Still, a city or town might achieve a which advocates increased local control similar economic outcome, while avoid- Notes I. The Telecommunications Act of 1~)6, Se~. 704. . over tower siting, monitors relevant ins legal confrontations, by leaving apace Facilities Siting; l~dio Frequency Emission Stds. legislation, and maintains a Web site owned by the municipality to PCS oper- 2. Colwell, Peter F. "Tender Memice: Efficient for the di~eminatiou of information, ators for the construction of.towers. The and Equitable Land Use Change,".qe~a ta,,,te It'is certainly possible to infer that centralized locations of publicly owned ~onomics 2S(4), Win~ 1997, pp. transmission towers impose negative buildings could prove ideal for the siting ~. Mills, David E., "The Price ~ E~tate/.ether 50), Summer 1991, pp. !-4. externalities on property values, if not of wireless transmitters. Municipally- 4. Colwell, Pet~ F.,"Power Lines & Land Value," neoessarily on human health. Available owned.access strips adjacent to streets .L ofae~l ~t ~. S(l~.Spdn~ 1990, pp. ! 17-127. evidence relates to the siting of electric and highways would be other possible s. Gregory, Robin and Detlof yon Winterfeidt, "The Effects of Eleclronmgneti~ Finlds from Tram- power lines, which admittedly involve sites for the placement of cell towers, mi.~ion Lines on Public Fern & hope~ Values," higher voltage electrical transmission Several localities have already con- ~. of Environing-ual Mst. 48, 1996, pp. 201-214. than do cell towers. COIwcli's 1990 sidercd "renting" out municipal space for 6./~td. article in the Journal of Real F~mte cellular towers. Prince Georges County, 7./bid. Research~ reports that proximity to MD plans to charge rent to telecommnni- Author towers supporting transmission lines cations firms for putting towers on public ~. reduces property values, a finding that land. In Illinois, the Warrenville village is corroborated by thc 1993 work of council approved a permit to'allow aceil~ oaermat~U,~t~r~a~or.~d~,yO~aOdo Gregory and vmi WinterfeldL s ular transmitter on thc local water tower, ;l,,~. ,~e.~,,o,y c~,~fM,/a, o/~ Moreover, a 1993 ruling by'the New in exchange for benefits to thc village, York State Court of AppealP (along with although nearby Naperville rejected plans : ~'p~.~,g/~ ~ ~.~e ~a~ ~ a similar ruling in/Comb v. City of Sante to install cellular antennae on a local post ~,,**,~,~er~o Fe)~ supports the idea ora stigmatization office and the Municipal Center, and ~ associated with power lines. Ruling for North Barrington home owners actually ,~,,, ~, ~ ~-/~o~ ~ ~ the plaintiff, the N~w York court did not sued local planning officials for approv- require proof that the power line posed a ing a cellular tower at the Village Hall. zm'rm ~t a~ ~ ~,~ ~a ~ Winter 1999 Illinois Real Estate i~tter page tv-l o