Carefree Truth
Issue #626, February 26, 2018
Planning Director Stacey Bridge-Denzak presented information relating to setting a 6 month moratorium on new small wireless facility sites that could be placed in the public rights-of-way (ROW) to permit the Town staff to prepare an ordinance to comply with the recent changes in State law. Mrs. Bridge-Denzak explained that this applies to small cell sites that are not the typical mono-pole or macro sites which require Conditional Use Permits (CUP). These are smaller, in-fill types of facilities. Wireless providers have been trying to minimize dropped cell phone calls and to upgrade their systems.
The purpose or the legislation is as follows:
1.To require municipalities to allow wireless providers access to ROW and utility easements for small wireless facilities (small cells)
2. To include co-location of small cell sites onto existing OR NEW street light, utility, traffic, and/or stand-alone poles and associated equipment
3. To set monetary caps on fees that can be charged for applications, use of ROW and infrastructure
4. To streamline the permitting process and exempt these facilities from zoning review.
Prior to this legislation, municipalities had the right to determine what was allowed in their ROW and easements. House Bill 2365 removes that choice; municipalities can no longer deny these uses. If infrastructure, such as street lights and traffic lights, is not in place, the small cells can go on mono-poles. The Town must develop new fees based on the State law. And the applications must now become an administrative review process, approved like a building permit, rather than the previous CUP process which required public review and Council approval.
The purpose of the request for a 180 day moratorium is as follows:
1. To allow the staff time to research and develop an Ordinance that addresses the implementation of new small cell sites according to the legislation
2. To allow the staff time to develop a fee schedule that is in compliance with the legislation
3. To allow the staff time to create permitting standards that meet the required administrative timelines according to the legislation
Councilman Gene Orrico asked when, if passed by the Council, the moratorium would go into effect. Mrs. Bridge-Denzak replied that it would go into effect the following day. Mayor Les Peterson asked if there were any providers requesting permits currently who would be delayed. Mrs. Bridge-Denzak replied that there were none. She explained that the new Ordinance would be preemptive so the Town would be ready if and when providers applied.
Vice Mayor John Crane asked for the definition of "small". Mrs. Bridge-Denzak said the Town standard is the towers that are located inside the 24' tall faux saguaro cactus. The State legislation allows towers that are 40' in diameter and up to 50' in height. The poles are not small. The technology is considered "small" because it's filling in the coverage balance. The Vice Mayor asked if the Town could control the aesthetics to some extent. Mrs. Bridge-Denzak said yes. Councilwoman Cheryl Kroyer asked if the Town could control the locations. Mrs. Bridge-Denzak noted that the legislation allows for a separation of distance between poles but that the Town has no control over where poles may go within the town.
Councilman Steve Hatcher asked what the driver was to install these poles. He did not want Carefree to look like San Francisco. Mrs. Bridge-Denzak thought that they are working towards the new 5G technology. She explained that coverage is like concentric circles. Large systems cover certain areas but there are gaps within those areas that they want to fill.
Mrs. Bridge-Denzak explained that the purpose is to create an Ordinance with standards more in tune with Carefree, and they hope to fall back on the 24' tall faux saguaros. That standard is not in the current Ordinance but would be in the new one. If a provider rejects the Town standard and doesn't want to utilize the 24' tall faux cactus, then the application would require a CUP, and would have to go through the regular zoning process. Municipalities are allowed to develop an Ordinance based on reasonable design standards. Councilman Mike Farrar noted that a clause about reasonable stealth applications was included in the State legislation.
The Council approved the request for a 180 moratorium unanimously.
https://vimeo.com/255186411
Lyn Hitchon
Prepared by Carefree Truth
Visit our website at www.carefreetruth2.com If you know anyone who would like to be added to the Carefree Truth email list, please have them contact me. Feel free to share Carefree Truth with others on your list.
Visit www.carefreeazbusinesses.com to see more info about businesses in Carefree. Please support our merchants.
Issue #626, February 26, 2018
Planning Director Stacey Bridge-Denzak presented information relating to setting a 6 month moratorium on new small wireless facility sites that could be placed in the public rights-of-way (ROW) to permit the Town staff to prepare an ordinance to comply with the recent changes in State law. Mrs. Bridge-Denzak explained that this applies to small cell sites that are not the typical mono-pole or macro sites which require Conditional Use Permits (CUP). These are smaller, in-fill types of facilities. Wireless providers have been trying to minimize dropped cell phone calls and to upgrade their systems.
The purpose or the legislation is as follows:
1.To require municipalities to allow wireless providers access to ROW and utility easements for small wireless facilities (small cells)
2. To include co-location of small cell sites onto existing OR NEW street light, utility, traffic, and/or stand-alone poles and associated equipment
3. To set monetary caps on fees that can be charged for applications, use of ROW and infrastructure
4. To streamline the permitting process and exempt these facilities from zoning review.
Prior to this legislation, municipalities had the right to determine what was allowed in their ROW and easements. House Bill 2365 removes that choice; municipalities can no longer deny these uses. If infrastructure, such as street lights and traffic lights, is not in place, the small cells can go on mono-poles. The Town must develop new fees based on the State law. And the applications must now become an administrative review process, approved like a building permit, rather than the previous CUP process which required public review and Council approval.
The purpose of the request for a 180 day moratorium is as follows:
1. To allow the staff time to research and develop an Ordinance that addresses the implementation of new small cell sites according to the legislation
2. To allow the staff time to develop a fee schedule that is in compliance with the legislation
3. To allow the staff time to create permitting standards that meet the required administrative timelines according to the legislation
Councilman Gene Orrico asked when, if passed by the Council, the moratorium would go into effect. Mrs. Bridge-Denzak replied that it would go into effect the following day. Mayor Les Peterson asked if there were any providers requesting permits currently who would be delayed. Mrs. Bridge-Denzak replied that there were none. She explained that the new Ordinance would be preemptive so the Town would be ready if and when providers applied.
Vice Mayor John Crane asked for the definition of "small". Mrs. Bridge-Denzak said the Town standard is the towers that are located inside the 24' tall faux saguaro cactus. The State legislation allows towers that are 40' in diameter and up to 50' in height. The poles are not small. The technology is considered "small" because it's filling in the coverage balance. The Vice Mayor asked if the Town could control the aesthetics to some extent. Mrs. Bridge-Denzak said yes. Councilwoman Cheryl Kroyer asked if the Town could control the locations. Mrs. Bridge-Denzak noted that the legislation allows for a separation of distance between poles but that the Town has no control over where poles may go within the town.
Councilman Steve Hatcher asked what the driver was to install these poles. He did not want Carefree to look like San Francisco. Mrs. Bridge-Denzak thought that they are working towards the new 5G technology. She explained that coverage is like concentric circles. Large systems cover certain areas but there are gaps within those areas that they want to fill.
Mrs. Bridge-Denzak explained that the purpose is to create an Ordinance with standards more in tune with Carefree, and they hope to fall back on the 24' tall faux saguaros. That standard is not in the current Ordinance but would be in the new one. If a provider rejects the Town standard and doesn't want to utilize the 24' tall faux cactus, then the application would require a CUP, and would have to go through the regular zoning process. Municipalities are allowed to develop an Ordinance based on reasonable design standards. Councilman Mike Farrar noted that a clause about reasonable stealth applications was included in the State legislation.
The Council approved the request for a 180 moratorium unanimously.
https://vimeo.com/255186411
Lyn Hitchon
Prepared by Carefree Truth
Visit our website at www.carefreetruth2.com If you know anyone who would like to be added to the Carefree Truth email list, please have them contact me. Feel free to share Carefree Truth with others on your list.
Visit www.carefreeazbusinesses.com to see more info about businesses in Carefree. Please support our merchants.