TRR photo by David Hulse Local governments around the region are dealing with the appearance of new communications towers, like this one overlooking the government center in Monticello. (Click for larger image)

Municipalities are zoning cell towers

By TOM KANE

RIVER VALLEY — Towns in New York State and townships in Pennsylvania are using zoning to either exclude or control the construction of cell towers in towns along the Upper Delaware River Valley. Other municipalities are welcoming them with open arms.

On the basis of zoning ordinances, Hawley’s Borough Council in Pennsylvania, two months ago, voted down a request from wireless site development company Princeton Towers, Inc. to erect a tower in the borough.

“We’ve had a number of calls from townships asking us how we did it,” Borough of Hawley Council President George Dewey said.

The borough’s zoning ordinance prohibited the erection of a tower if there is another building on the property that could be damaged if the tower fell. “The property has two buildings on it,” he said. “We offered the company another site to consider that was only 300 yards away, but they rejected it.”

The Pennsylvania Power and Light Company even offered space on one of its towers but Princeton Towers rejected that too, Dewey said.

In Pike County last November, Shohola Township also rejected a proposal from the same company to erect two towers in the township. Many residents attended the public hearing and voiced opposition to the project.

Again, the township used its zoning ordinance as the basis for the rejection. According to a statement issued by the township’s attorney, the distance of the towers from other buildings was not acceptable, access roads to the sites were not to specifications and the company failed to address other requirements of the zoning ordinance.

The statement ended with the following: “The Board of Supervisors wishes to emphasize that it does not oppose cellular towers… We must accept cell towers in those areas and locations where it can be proven that the towers are in conformance with township ordinances.”

Last week, in Sullivan County, New York, the Town of Tusten Zoning Board of Appeals (ZBA) held a public hearing to consider a tower in a R-2 zone where cell towers are not permitted. Several weeks ago, the town board rejected an appeal to change the zoning to allow towers in R-2.

Property owners Steve and Angela Daley and SBA, a Boca Raton company, appealed to the ZBA for a use variance, and presented numerous letters of support as well as a petition signed by more than 100 people asking that a tower be erected. No one at the meeting spoke against it.

“The board asked the company to look at sites in R-1 zones, were such towers are permitted, to see if they could find a site that meets their needs,” said ZBA chairman Tony Ritter. “When they return with some answers, we will make a decision then,” Ritter said.

In Pennsylvania several months ago, Damascus Township approved the erection of a tower by Princeton Towers in a remote area of the township, placing several zoning restrictions on the agreement that made the project more acceptable to protesting residents.

Welcoming the towers with little or no opposition are residents of the Sullivan County Town of Highland. In this case, The SBA tower, at 246 feet, will be taller than most.

“The emergency groups, the fire department and the county are behind this all the way,” said Chairman of the Planning Board Charles Gutekunst. Part of the tower will be donated to the county’s 911 system, which could not reach some areas due to “dead spots.”

“There’s also another tower in the works,” Gutekunst added.

Municipalities considering cell towers are: Cochecton, Delaware and Lumberland in New York, all of which have zoning; and Dreher and Palmyra Townships in Pennsylvania, which both have zoning.

Although it is possible, no local municipality without zoning, of which there are many in Pennsylvania and none in New York, has been forced to accept cell towers. “Any municipality that has no zoning is going to have a serious problem,” said Dewey.