HomeMy WebLinkAboutCouncil Presentation 01/16/2018 - Wireless Communication FacilitiesWireless Communication FacilitiesTOWN COUNCIL – JANUARY 16, 20181
CURRENT TOWN ORDINANCE• Land Development Code Title 23 – Wireless Communication Facilities• Last revised 9/1997• Revisions needed to address• New federal regulations• Municipal best practices2
NEW ARIZONA LEGISLATION• 2017 Arizona Laws Chapter 124 (HB 2365)• Sweeping legislation regarding wireless facilities in the right-of-way• Significant reduction in local governments’ authority to regulate wireless providers’ use of right-of-way3
NEW ARIZONA LEGISLATION• Applications NOT subject to zoning review:• Collocations of new small wireless facilities (as that term is defined in statute) on existing poles/structures in ROW that do not exceed statutory height limitations• A new, replacement or modified utility pole in the ROW for small wireless facilities collocations if pole does not exceed statutory height limitations4
NEW ARIZONA LEGISLATION• Applications NOT subject to zoning review shall be approved unless application does not meet:• Applicable codes (building, fire, electrical, plumbing, etc.)• Local codes governing public safety• Objective design standards• Public safety and reasonable spacing requirements re: ground–mounted equipment in the ROW5
NEW ARIZONA LEGISLATION• Applications that ARE subject to zoning review:• Modification of existing or installation of new monopoles• Installation or collocation of wireless facilities (not smallwireless facilities)• Installation of utility poles and SWFs that exceed the heights that are exempt from zoning review • Application deemed approved after• 150 days for modification or installation of poles or wireless facilities• 90 days for collocation of wireless facilities6
NEW ARIZONA LEGISLATION• If application for zoning review in the ROW is denied:• Must be a reasonable basis for the denial• Denial must be in writing• Must include substantial supporting evidence of the reason for denial• Written denial must be publicly released contemporaneously with the denial7
TOWN CODE CHAPTER 12-8•HB 2365: Cities and towns must establish and make available terms that are consistent with the new law by February 9, 2018 for the placement of facilities in the ROW•Town Code Chapter 12-8 (Wireless communication facilities in the right-of-way) establishes the Town’s terms and conditions for the use of the Town’s ROW by wireless providers, including:• Design Requirements• Use Restrictions (e.g., signs, noise, lighting)• Insurance and Indemnification Requirements8
FEDERAL LAW• Federal Telecommunications Act of 1996• Takes precedence over state & local law • Generally preserves local zoning• FCC “shot clock”• 90-day review limit for collocations• 150-day review limit for everything else (new towers)• Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012• Interpreted by FCC Order effective April 20159
FEDERAL LAWUnder Section 6409(a), local government may not deny and shall approve:• Any eligible facilities request (i.e., collocation, removal, replacement)• For a modification of• An existing wireless tower or base station•That does not substantially change the physical dimensions of the tower or base station• FCC adopted essentially objective standards re: height, width, number of cabinets, etc.10
LAND DEVELOPMENT CODE 17-18• Repeal and replace LDC Title 23• Major changes:• Expressly allows wireless facilities in the right-of-way• New - Administrative wireless facilities permit issued by Planning Director for these facilities only:• Collocation on existing base station outside the right-of-way• Collocation on tower outside the right-of-way, or• Collocation on eligible support structure or utility pole in the right-of-way that is not exempt from zoning by Arizona law • New - Section 6409(a) permits issued by Planning Director11
LAND DEVELOPMENT CODE 17-18• Major changes (cont.):• Delete requirements for provider to prove business justification for new facility or site; complies with new Arizona law• Planning Commission makes final decision on CUPs for wireless communication facilities with appeal to Council• Significantly regulates and discourage new wireless facilities in residential areas, but does not prohibit 12
SINCE PLANNING COMMISSIONChanges since Dec 20 Planning Commission•Town Code (Highways & Traffic) Chapter 12-8 (Wireless communication facilities in the right-of-way):• Redline provided with agenda materials• “site permit” → “right-of-way permit”• Fees language standardized; fees removed• Individual sites installed by right-of-way permit, then added to telecom license agreement “Exhibit A”•Town Code (LDC) Chapter 17-18 (Wireless communication facilities):• No changes to text13
WIRELESS COMMUNICATION FACILITIESQuestions?14
The yellow line next to the streetlight depicts the section of
the existing streetlight pole used to calculate the height of the existing
pole. The lines are not to scale and are solely used for illustrative purposes.
The “connection point” on an
existing telescopic style streetlight pole
with an integrated luminaire mast.
The top and bottom
points on a telescopic
streetlight pole to
calculate the vertical
height of the existing
streetlight pole plus
24 inches.
The top and bottom
points on a traffic signal
pole to calculate the base
vertical height of the
existing pole.
Dog house with external cable
chase installed at the base of a pole
to cover the cables and wires when
they cannot be installed inside
the utility pole.
External cable chase
- the cables and
wires are mounted
underneath the chase.
Exhibit C
Dog house - cable transition from
underground to electric utility pole
Exhibit D1
Antenna shrouds - 45 degrees
Exhibit D2
Antenna shrouds - 90 degrees
Exhibit E
Examples of electrical meter pedestals - “Myers” or “Milbank” style
MILBANK
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Milbank” style “Myers” style