[Adopted 4-1-1991 by L.L. No. 3-1991]
It is the purpose of this article to regulate the installation of towers
within the Town of Wheatfield, to require that such towers be located and
constructed in accordance with approved plans and to prescribe regulations
for said towers in the interest of protecting the public health and safety
of the general public of the Town of Wheatfield.
As used in this article, the following terms shall have the meanings
indicated:
ATTACHED TOWER
Includes a tower which is rigidly attached to a building by a rigid
member.
TOWER
Includes any tower, edifice, pole or other structure, including dish
antennas, whether attached to a building or freestanding and whether guyed
or self-supporting, designed to be used as/for the support of devices used
for the transmission and/or reception of radio frequency signals, such as
but not limited to broadcast, shortwave, citizens band, FM or television signals.
[Amended 8-27-2007 by L.L. No. 6-2007]
TOWER HEIGHT
Height shall be determined as the height of the structure, including
any appurtenances or components.
Any violation of any of the provisions of this article shall be punishable
by a fine of not more than $250 or imprisonment for not more than 15 days,
or both such fine and imprisonment.
[Adopted 9-13-2004 by L.L. No. 10-2004]
Because amateur station communications are only as effective as the
antennas employed, antenna height restrictions directly affect the effectiveness
of amateur communications. Some amateur antenna configurations require more
substantial installations than others do if they are to provide the amateur
operators with the communications he/she desires to engage in; for example,
an antenna used to contact other amateur operators at shorter distances. Therefore,
Town of Wheatfield regulations which involve placement, screening or height
of antennas based on health, safety or aesthetic considerations must be crafted
to reasonably accommodate amateur communications and to represent the minimum
practicable regulation to accomplish the Town's legitimate purpose.