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. The statute provides authorization for wireless carriers to install devices in public rights-of-way pursuant to a permit obtained from the local government authority. The statute limits the authority of the town and provides limited parameters for regulating the wireless infrastructure. Ordinance 515 aims to place conforming language into the code of ordinances. Please see the linked bill and attached ordinance for more detail...End
Body
Previous Commission Action: N/A
Background/Problem Discussion: As part of the "Advanced Wireless Infrastructure Deployment Act", the town has both the authority and the responsibility to regulate, by ordinance, certain areas including, but not limited to, design standards, sightlines, insurance coverage, indemnification, performance bonds, security bonds, force majeure, abandonment, authority liability or authority warranties. Additionally any permit application filed by a wireless carrier must be evaluated and addressed by the Town within sixty (60) days and the wireless carrier can put up or thirty (30) locations on one (1) permit application request. Town staff, planner and town attorney are currently reviewing the recently enacted legislation researching issues related to the permitting of such wireless installations, as well as related issues that would impact the town. 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.
...
Click here for full text