The local law will be posted on the website once we receive confirmation of filing from the Secretary of State. The fee noted in the Buffalo News is for those operators who require land use and building permit approvals to construct an antenna structure on their property. Generally speaking, this will pertain to HAM operators seeking to install a free-standing antenna on their property, or an antenna structure on an existing building. Some of the issues that must be evaluated include setbacks, tower height, tower construction, tower location, communications needs and goals of the applicant, and appropriate and reasonable alternatives. In conducting this evaluation, the Village will be required to obtain both engineering and communication consultant support in order for it to appropriately balance the interests of the HAM operator with the health, safety and general welfare of the community. In our research, several courts have reviewed a municipality’s use of such consulting help and have evaluated the municipality’s resulting thorough analysis. This assistance is especially important in a municipality like Kenmore; obviously we are not dealing with a rural community with large lots and low density. I’m sure you appreciate that Kenmore lots are very small. Any type of antenna structure is likely to cause unique concerns. The Village needs to be sure that any proposed antenna structure will not present any safety issues, and will not have any other adverse impacts. The Village also must make sure that the antenna structure is the minimum necessary for the operator to achieve his/her goals. We consulted with our attorneys on this matter and the fee represents the anticipated costs of obtaining needed consultant advice, which the courts have referenced when reviewing cases on this matter. New York law provides that the costs of administering permits are appropriately born by those seeking the approvals.



Please note that the Village, prior to passing this law, had no regulations pertaining to HAM operators, and such antenna structures were prohibited by local law. This local law represents the Village’s efforts to expand the rights of HAM radio operators. The law acknowledges the HAM operators’ rights but also notes that a balancing of those rights with the needs of the community is proper, pursuant to Federal law. Like all of our fees, they are established to reimburse the costs to the municipality for its costs associated with the permit application.

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