HomeMy WebLinkAboutZTA201500001 Executive Summary 2015-03-10COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2015 -01 Wireless Communications — FCC
Mandated Changes
SUBJECT /PROPOSAL /REQUEST:
Consider and ordinance to amend the Personal
Wireless Service Facilities regulations to implement
recent rulemaking by the Federal Communications
Commission
STAFF CONTACT(S):
Fritz, Kamptner, Baldwin
PRESENTER (S):
Bill Fritz
AGENDA DATE:
March 10, 2015
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The Federal Communications Commission (the " FCC "), has issued new rules that will take effect April 8, 2015. These
rules require the County to approve certain types of collocations and replacements of transmission equipment and impose
a new "shot clock" under which all wireless applications must be reviewed and acted upon.
STRATEGIC PLAN:
Economic Prosperity: Foster an environment that stimulates job creation, capital investments and tax revenues that
support community goals. Natural Resources: Thoughtfully protect and manage Albemarle County's ecosystems and
natural resources in both the rural and development areas to safeguard the quality of life of current and future
generations. Rural Areas: Preserve the character of rural life with thriving farms and forests, traditional crossroad
communities, and protected scenic areas, historic sites, and biodiversity.
DISCUSSION:
Staff has prepared an analysis of the FCC rules which is included as Attachment A. The rules themselves are included
as Attachment B. Attachment C is a summary of changes to the review process which will allow the County to meet
the new "shot clock" requirements. Attachment D is an annotated version of the proposed ordinance with comments
that explain the source of each regulation (i.e., whether it is an existing regulation, is required by the FCC rules, or is
new and recommended by staff), why the regulation is being changed, and the impact of the change. Attachment D
also includes definitions related to wireless services that are not proposed to be amended by this ordinance to provide
the reader with additional context. Attachment E is the version of the proposed ordinance that staff recommends for
ultimate adoption by the Board. Attachment E omits the comments and the definitions not proposed to be amended.
The proposed ordinance also reorganizes County Code § 18- 5.1.40 to improve its clarity and administration.
BUDGET IMPACT:
The proposed amendments removed redundant review procedures without reducing notice to abutting owners or
removing Board of Supervisors discretion. This more efficient review process will result in improved review
efficiencies and reduced review costs. Staff is unable to calculate the exact amount of savings to the County.
RECOMMENDATIONS:
Staff recommends that the Planning Commission forward the proposed ordinance to the Board of Supervisors with a
recommendation of approval.
ATTACHMENTS:
Attachment A — Staff Summary of FCC Rule
Attachment B — Portion of FCC rule addressing "State and Local Review of Applications for Wireless Service
Facilities Modification"
Attachment C — Changes in Processing Special Exceptions
Attachment D — Proposed Ordinance (annotated)
Attachment E — Proposed Ordinance