Summary
To: Planning and Zoning Board
From: JP Murphy
Date: 7/6/2017
______________________________________________________________________
Subject:
Title
Wireless Communication Devices (5G Bill)
Summary:
The town will have to amend its ordinances to properly regulate and permit small wireless communications devices per new state law. CS/CS/HB 687 (La Rosa) preempts local government control of taxpayer-owned rights of way for placement of “small” or “micro” wireless antennas and equipment. Among other various provisions, the bill bars local governments from prohibiting or regulating the placement of “small” or “micro” wireless facilities on or next to existing cellphone towers and utility poles within municipally owned rights of way. The bill requires a local government to approve or deny an application for a permit to collocate small wireless facilities within 60 days of receipt of the application. An additional 30 days is provided to the local government after the date of the permit request to negotiate an alternative location for the equipment facilities, and if the application is not processed within that time frame, it is deemed approved. Local governments are also prohibited from imposing minimum distances between small wireless equipment. This “micro” equipment/infrastructure can be as large as six cubic feet in volume (for instance, 2 feet by 3 feet). All other wireless equipment associated with the facility cumulatively can be as large as 28 cubic feet in volume (the approximate size of a small refrigerator). The Florida Department of Transportation, deed-restricted retirement communities that have more than 5,000 residents and have underground utilities for electric transmission or distribution, and municipalities that are located on a coastal barrier island that has a land area of less than five square miles and fewer than 10,000 residents are exempted from all provisions of the bill. Also, the bill sets an arbitrary price cap of $150 per attachment per year. Also, the height of a small wireless facility is restricted to no more than 10 feet above the utility pole. Unless waived by the local government, the height of a new pole is limited to the tallest existing utility pole located in the right of way. If there is no utility pole within 500 feet of the proposed location, then the new utility pole can be no taller than 50 feet. An applicant seeking to collocate small wireless facilities can file a consolidated application and receive a single permit for the collection of no more than 30 small wireless facilities. The bill allows for some minimum design standards and for the wireless communications provider and the local government to negotiate those design standards at the local level. Effective July 1, 2017. (Sirjane-Sampes). Please see the attached bill and ordinance for more detail.End
Body
Previous Commission Action: N/A
Background/Problem Discussion: This is just a bad bill for municipalities, and is a direct subsidy to wireless communications companies. The town will have to amend its ordinances to properly regulate and permit these types of devices. The consequences of this bill will not be felt until it is too late. Our limited right of way and predominantly residential character will create conflict once new wireless utility poles and their related infrastructure are being placed around town. The bill would allow for wireless communications devices to be placed on existing utility poles, existing lighting poles, and new poles to be installed anywhere in the right of way. Staff will be working diligently to come up with some design standards and a permitting process for inclusion into the town code. To further complicate matters, the “micro” wireless antennas may be spaced as little as 200-300 feet apart.
Please review the attached draft ordinance that is consistent with current state law. Staff is looking into adding additional standards for design, camouflage and processing. A final draft ordinance will come before the board again likely in August.
Expenditure Challenges N/A
Financial Implications: N/A
Recommendation: Discussion only at this time.
Proposed Motion N/A