Fall 2000 Volume 1, Issue
2
More About Sound Wall
By Chris Freitag, Executive Director, Scenic Ohio
Scenic Ohio continues to research avenues to help
the City of Akron to build two vegetative sound walls. With moundings
of heavy mulch, dense plantings of trees and shrubs, the City
will build aesthetically beautiful sound barriers instead of the
uglywalls of concrete seen across our state.
The Ohio Department of Transportation (ODOT) occasionally shows
signs of sensitivity toward the public's objections to sterile
and often ineffective sound barriers. We had hoped with the creation
of their Aesthetic Design Guidelines that thought would be given
to softening walls with texture and landscaping. Unfortunately,
this first step never progressed beyond a draft stage.
Recently, at the request of ODOT, Medina County put together an
Aesthetics Focus Group to make recommendations for improvements
along the I-71 corridor, where 10 locations were identified, seven
of them bridges. Planning staff put together a series of workshops,
bringing together citizens and professional to discuss aesthetics,
landscape treatments, painting of bridges, textures for concrete
and other features to protect their lovely rural landscape. Supposedly,
1% of the project budget for the improvements was to go for aesthetic
purposes. After all the effort that went into Medina's compliance
with the ODOT request, ODOT District 3 has ignored their suggestions
and recommendations and as a matter of fact, has treated Medina
staff rudely. We mentioned in our Scenic Ohio Summer Newsletter
that proposed sound walls for Twinsburg and Canton will soon be
built, at the request of those communities, with an emphasis on
"aesthetic design". We'll see!
New Jersey (NJDOT) has an entirely different approach to sound
walls. Dave Beyers, NJDOT Division of Design, says the best sound
walls are not seen. The second best are aesthetically attractive.
They do mounding where room permits, accents of trees like red
bud and cherry and plantings of wild flowers, ground covers and
perennials. HHe is looking into creating vegetative sound walls
like the two proposed by Akron. This approach is the difference
between a department of transportation run by engineers who lack
aesthetic values and one that is guided by its landscape architects.
New Coalition of Scenic
Byways Formed in the Heart of Ohio's Amish Country
Ohio's 14 Scenic Byways have formed a new coalition under the
leadership of Sharon Strouse, who represents 'Ohio's Amish Country
~ Scenic Byways of Holmes County'. Calling themselves Ohio Byway
Links, they have joined forces to protect and preserve the intrinsic
qualities of their byways. Together they can communicate, collaborate
and support issues they jointly share. Their combined experience
will be invaluable to those communities who are thinking about
creating a scenic byway. Sharon can be reached at: strouse.1@osu.edu.
From Our Chairman...
Dear
Fellow Ohioan,
According to the Ohio Department of Transportation, travel and
tourism generates approximately $9.4 billion dollars per year
for Ohio's economy. Travel and tourism employs 337,000 Ohioans
and generates more than $500 million in state and local taxes
a year. More than 70 million tourists visit Ohio each year. With
all of this promise for Ohio, we need to continue to put our "best
foot forward" as we begin a new millenium.
One of my favorite sayings is attributed to a John M. Richardson,
Jr.-"When it comes to the future, there are three kinds of
people: those who let it happen, those who make it happen, and
those who wonder what happened." To date, a lot of us have
let it happen in Ohio (an unbelievable proliferation of most unsightly
billboards especially along our freeway system), it is as if we
have decided to let everyone else respond to it and hope that
it will just remedy itself. It will not, unless every community
decides to put a stop to it and begins legislation to buy back
the ugliness and halt its continued destruction. Part of our mission
at Scenic Ohio is to educate the public and elected officials
about their ability to enact stricter laws to enhance and protect
the visual quality of the landscape in Ohio.
In order to carry out this mission, we are calling upon you to
join Scenic Ohio and strengthen our broad base as we take our
beautification message to the public and we will not have to wonder-what
happened! Ohio is a beautiful state, full of fantastic citizens,
who do make it happen!
Thank you,
Cherie Lucks
Chairman, Scenic Ohio
On line from Scenic North
Carolina:
"For miles no power lines or billboards. Just tree, rock,
water, bush, and road. The new Trace, like a river, followed natural
contours and gave focus to the land; it so brought out the beauty
that every road commissioner in the nation should drive the Trace
to see that highway does not have to outrage landscape."
-William Least Heat Moon, in Blue Highways, on driving the Natchez
Trace Parkway in Mississippi.
Scenic Publications
Scenic Ohio has a number of publications available to anyone interested
in scenic issues. They can be borrowed or purchased from us or
ordered from Scenic America at 801 Pennsylvania Avenue SE, Suite
300 Washington, DC 20003 Phone: (202) 543-6200, Fax: (202) 543-9130,
www.scenic.org.
¨ Taming Wireless Telecommunication Towers ($8.00 Scenic America)
This Action Guide provides citizens, policymakers and planners
with background and advice on dealing with wireless communications
facilities through the planning and legislative process.
¨ From Sprawl to Smart Growth: How to Achieve Beautiful Results
($3.00 Scenic America) Part of an Action series on strategies
for smart growth and scenic stewardship.
¨ Aesthetic, Community Character and the Law: $34.00 C. Duerksen,
R. M. Goebel, (cosponsored by Scenic America and the American
Planning Association) This publication helps land-use planners
and citizens understand the law of aesthetics and the legal tools
available to help their communities maintain their special features
and sense of place. It covers design review, view protection,
tree protection, sign controls, telecommunication facilities and
major updates based on recent developments in the law and in planning
practices.
¨ Getting It Right In The Right-of-Way: Citizen Participation
in Context-Sensitive Highway Design ($8.00 Scenic America) Information
on community involvement in transportation planning with strategies,
basic vocabulary and helpful case studies.
¨ Fighting Billboard Blight: An Action Guide for Citizens
and Public Officials ($20.00 Scenic America) An important tool
for anyone concerned about the proliferation of billboards. It
is a step by step guide to help you develop a campaign in your
state and community.
¨ Scenic America Action Guides are available ($5.00 each or
a set of 8 for $25.00) Aesthetics and Commercial Districts; Trees
Make Sense; Economics and community Benefits of Scenic Byways;
Wetlands NOT Wastelands; Evaluating Scenic Resources; Does Preservation
Pay?; The Value of Nature and Scenery; On the Value of Open Space..
¨ Also: The Highway Beautification Act: A Broken Law ($10.00)
Flexibility in Highway Design ($5.00) O, Say Can You See; A Visual
Awareness Tool Kit for Communities ($20.00) Tree Conservation
Ordinances: Land Use Regulations Go Green ($32.00)
A list of additional publications and videos is
available. You may also contact Christine Freitag to order any
of these publications. Christine may be contacted at (330)865-9715
or in care of Scenic Ohio, P.O.Box 5835, Akron, Ohio 44372
Good News for Ohio's Two
National Scenic Byways
The Ohio Department of Transportation (ODOT)/Scenic Byways has
received notification form the U.S. Government, that Federal discretionary
monies from the U.S. Scenic Byway Program have been granted ($732,
845) to Clermont County's Chilo Lock and Dam 34 for their Interpretive
Center (on the Ohio River Scenic Byway). Also, $280,000 has been
allocated for Cuyahoga County for the Mill Creek Falls and Visitor
Center in the Canalway. The government commended Cuyahoga County
for its huge local support!
Election Results Are In!!
Reno: Citizen's for a Scenic Reno's billboard initiative won 57%
to 43%. When you consider Reno is a gaming town and that the industry
outspent CSR by a margin of 30 to 1, it is an outstanding victory!
The billboard industry was estimated to have spent $150,000 to
$250,000 compared to the Citizens for Scenic Reno, which spent
less than $5,000.
Florida: The tree initiative in Jacksonville won
by a landslide -75% of the vote
Missouri: To everyone's disappointment, the S.O.S.
initiative in Missouri lost by a close margin of 48.9% to 51.1%.
Although it was a magnificently run campaign, the billboard industry
had more money and flooded the airwaves with patently false statements.
Over a million voters in Missouri voted to stop new billboard
construction despite the industry spending $4.7 million.
Meg Maguire, President of Scenic America commented, "While
Missouri lost, it is nonetheless astonishing that in a state without
effective billboard controls, with 3 times as many billboards
as any of the 8 neighboring states, and with the billboard industry
having vastly outspent the citizens in a strategy based on lies,
still the SOS campaign gained 49% of the vote. That is an incredible
achievement."
The National Road through
Ohio
By Marian Vance
Starting in early 1800 in Maryland, the National
Road, originating in Baltimore and eventually crossing Maryland,
West Virginia, Ohio, Indiana and Illinois, opened up the "west"
for settlers.
Surviving many transformations, straightenings and widenings,
the National Road, also known as Rt. 40, now seeks State and National
Scenic Byway status.
Over 700 historic sites and resources were identified on the longest
portion of the road which is the portion that stretches through
Ohio. These include inns located in Old Pike Towns (this was indeed
a turnpike at the turn of the century), S Bridges winding around
streams and historic mile markers, which were placed on the north
side of the road every mile, indicating the distance from Baltimore,
Maryland. Eighty-three of these remain.
When the route was widened to accommodate automobile traffic in
1972, many of the Pike Towns were bypassed completely and some
historic landmarks were torn down. After realizing the cultural
and educational treasure of this "road museum", the
National Road Alliance was formed to bring interested travel enthusiasts
together to preserve the remaining roadway and educate current
and future history enthusiasts to the events that happened on
this road. These include moving troops through 3 wars, escapes
and captures of notorious criminals and the never-ending stories
of the individuals and families deeply affected by living near
this transportation icon.
Armed with grants from the old ISTEA and now T-21 funding, the
National Road Advisory Committee in Ohio is submitting an application
to the Ohio Department of Transportation for Scenic Byway status
and eventually National status. When received, the six states
involved will collectively become the longest scenic byway in
the nation.
For more information about traveling Rt. 40 or the old National
Road, contact the Ohio Historic Preservation Office (614) 297-2470
or visit the web site at www.ohiohistory.org/resource/histpres.
Marian Vance is past Executive Director of Scenic
Ohio and now serves the Board as an Advisor. She is a member of
the National Road Advisory Committee.
"Never doubt that
a small group of thoughtful, committed citizens can change the
world; indeed, it's the only thing that ever has" -Margaret
Mead
Suggestions for On-Premise
Sign Control
Based upon a review of successful local ordinances and recommendations
from around the country, communities considering on-premise sign
controls should consider the following:
¨ Limit freestanding signs to one per business, with a maximum
height of no more than 15 feet.
¨ Encourage the use of ground signs by allowing them a size
bonus (relative to freestanding pole signs).
¨ Prohibit, or strictly regulate, 'problem' signs such as
billboards, portable signs, pennants, streamers, and flashing
signs or intermittent lights.
¨ Limit shopping centers, malls office parks, and similar
large developments to one group sign, with no freestanding signs
for individual businesses.
¨ Develop special controls for historic areas, downtown commercial
districts, neighborhood shopping areas, and commercial corridors
of special importance. These might include limiting the color
and material of signs, requiring the use of smaller, shorter signs,
or encouraging integrated sign designs for new development.
¨ Link sign controls to an overall streetscape improvement
plan.
¨ Wherever possible set a limit to life of nonconforming signs
and use incentives, education, negotiation, and other techniques
to encourage their early removal.
Courtesy of Edward McMahon, a planner, attorney, and director
of the Conservation Fund's "American Greenways Program."
He is a former president of Scenic America.
Amortization
By F. Eugene Smith, Scenic Ohio Director
Some of you may know what "amortization"
is as it relates to billboards and some may not. A brief discussion
about it here should facilitate a better understanding and define
a goal for Scenic Ohio.
Before 1978 a government agency, city hall for instance, could
use its "police power" to have unwanted signs and billboards
removed at the owner's expense. This authority would give the
owner time, perhaps over four to six years, depending upon the
cost and age of the sign, to recover (amortize) his investment
and make some profit.
Several years after passage of the 1965 Highway Beautification
Act, the Outdoor Advertising Association of America (OAAA), with
its great wealth, lobbied Congress in 1978 to make billboard removal
without "just compensation" illegal on federal aide
highways. Since then 31 states have held their ground and have
retained their power to use amortization for the removal of billboards
on their state and local highways. Nineteen others including Ohio
have lost this opportunity. In 1998, Ohio's billboard lobby used
their power and influence to add a rider to legislation that made
amortization illegal. Legislators questioned by Scenic Ohio claim
to have no knowledge of this new addition to Ohio's Revised Code
nor do they know how it got there.
The OAAA argues that "taking without compensation" is
in violation of their Fifth Constitutional Amendment rights. The
law defines property as real or personal. Real property or realty
is generally land and the buildings. Personal property is trade
fixtures like machinery and vehicles. In most states, property
owners are entitled to compensation for income generated by real
property but not to compensation for income generated by personal
property. In other words, the landowner who loses a rental income
base is entitled to compensation for that loss; a billboard operator
who merely leases the land is not entitled to compensation for
revenue lost. Since personal property is taxed at a lower rate
then real property, the billboard industry chooses to be taxed
at that rate. Since personal property can be amortized, according
to the law, billboards can be taken via amortization. No federal
appeals court has ever found billboard amortization, on its face,
to be unconstitutional except, unfortunately, on federally funded
highways.
So what do we do now? Scenic Ohio will work to reverse the 1998
state law which makes amortization illegal.
New Conservation Organization
for Ohio
Scenic Ohio recently joined the Ohio League of Conservation Voters,
a group which prides itself on being bi-partisan and exclusively
dedicated to legislative advocacy and direct political action
on behalf of the environment. The OLCV works with elected officials
and candidates to learn about issues and to use their legislative
powers for the environment. They also publish an annual scorecard
on the legislators' voting record, a valuable voter's guide for
the public. By joining, we hope to add our aesthetic concerns
to the Ohio League of Conservation Voter's agenda.
In Ohio, the environment has only three paid lobbyists who are
funded by the Ohio Environmental Council, Sierra Club and Ohio
League of Conservation Voters. All three deserve our support!
You can join the OLCV today and we encourage you to do so. Make
your checks payable to The Ohio League of Conservation Voters,
1207 Grandview Avenue, Suite 302, Columbus Ohio 43212. Memberships
levels come in levels of $35, $50, $100, $250, $500, and $1000.
Please join today.
