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HomeMy WebLinkAboutZTA201300001 BOS Hearing 2013-05-08ZTA 2013 -01 Phase I Wireless ----------------------------------------------------------------------------------- - - - - -- O - ---------------------------------------------------------------------------------- - - - - -- MAY 89 2013 BOARD OF SUPERVISORS PUBLIC HEARING What this ZTA Does __ o_ Adds and Amends Definitions Revises Balloon Test Requirements Eliminates Automatic Reporting Establishes Procedures to Amend Existing Sites Establishes Reviews Times Creates Administrative Review for Tier II Sites By -Right Procedure for Collocation What this ZTA does NOT do ---------------------------------------------------------------------- --------- 0 ------ Does not reduce design requirements Does not change Tier concept Does not eliminate public involvement except for certain collocation proposals. What this ZTA does Not Do ----------------------------------------------------------------------- 0 -------------------- ------------- ------- No changes to tree conservation plan or requirements. Does not change screening requirements or review standards. F— Revises Balloon Test Requirements i Creates Administrative Review for Tier II Sites -------------------- 0 ----------------------------------------- Staff has g years of experience processing. Height would be io feet above reference tree. Public notice is maintained. All design requirements are maintained. 60 1 ■ ■ ■ ■ ■ ■ ■ Section 6409 of the Middle Class Tax Relief and Jo Creation Act of 2012 ------------------ ----------- --------- ------ 0 ------------------------------------ "Local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." By -Right Procedure for Collocation ------ --- ---- ---- --- o_ Site may not be in an avoidance area, an Entrance Corridor District, within 500 feet of Dwelling or result in the removal of trees. Adding one or more antennas. Replacing a tower at an equal or lesser height. Replacing a treetop tower with one that is not more than 10 feet taller than the reference tree. Strengthening a tower without the use of guy wires. Expanding the lease area up to two times the original lease area. Adding ground equipment. Nationwide Programmatic Agreement -------------------------------------------------------------------------------- I 1 0 --------------------------------------------------- ------ ------- Existed prior to the adoption of the Middle Class Tax Relief and Job Creation Act of 2012. Was an agreement between Federal Agencies designed to address review of impacts on Historic Resources. Comparison of the Act and Programmatic Agreement ----------------------------------------------------------------- - - - - -- O "does not substantially change the physical dimensions" - No definition is contained in the law "substantial increase in the size of the tower" 1) The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10 %, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or 2) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or 3) The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or 4) The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. Impact of Using Profy-rammatic Agreement ----------------------------------------------------------------------------------------------- (M ----------------------------------------------------------------------------------------------- �I litP _. EN * , Impact of the Propose --------------------------------------------------------------------------- 0 ---------------- d Ordinance Changes that are not substantial will allow for administrative approval of collocations. Changes that are substantial will require that the facility be reviewed as either a Tier II or Tier III facility. Recommendation -- 0 -------------------------- ------- that the Board of Supervisors eve ZTA 20 3 -01.