HomeMy WebLinkAboutZTA201300001 Correspondence 2012-09-18 OF ALBx,,
IN- Of
County of Albemarle
Department of Community Development
Memorandum
To: Albemarle County Planning Commission•
From: Bill Fritz fr/lnr
Date: September 18, 2012
Subject: Personal Wireless Service Facilities
On September 5, 2012 the Board of Supervisors held a worksession on Personal Wireless Service Facilities.
The Board had previously directed staff to work with the wireless industry and to engage a consultant to address
the following:
1. Describe how technology may be changing deployment.
2. Describe the court decisions that are influencing the regulating of deployment and why.
3. Describe the FCC rulings, programs and policy initiatives that may impact regulation of deployment and why.
4. Describe how changes in wireless will impact the regulation of deployment.
5. Describe how Albemarle County's policy should change and list those sections in the County Code that need
to be revised on the basis of technology, court cases and the recent FCC rulings.
6. Determine how the County could encourage broadband deployment into portions of the County not currently
served.
Staff reviewed the consultant's report, considered the comments of the wireless industry made at the roundtable,
and conducted its own research. Through this work staff found, and the consultant agreed, that with the
exception of the regulatory changes listed below, that the County's current Wireless Policy and regulations are
consistent with existing technology, case law and FCC rulings, and that newer technology can be deployed
within this framework.
Staff recommended a number of changes to the County's Ordinance and Policy that fall into four general
categories, as follows:
Changes designed to address recent changes in federal law:
1. Add definitions for terms such as"collocation,""substantial change,"and"existing facility."
2. Allow equipment to be replaced on existing towers(regardless of how they were permitted),with only
building permit review.
3. Other changes to ensure wireless regulations are consistent with recent FCC rulings and changes in federal
law.
Changes to the design of sites:
1.Remove the limitation on the number of arrays permitted on any individual tower.
2, Investigate potential changes to the antenna mounting and size limitations.
3.Remove or modify setback requirements.
Q. Remove antenna design requirements for antenna located within a structure.
5. Investigate modifications to the maximum monopole width permitted to ensure interior cable routing can
occur.
6. Increase the number of facilities permitted within 200 feet of each other from 3 to 4 before a Tier III special
use permit review is required.
Changes to the review process:
1. Allow wooden poles to be replaced with metal poles,with only building permit review.
2. Allow monopoles of up to 60 feet by right,regardless of their proximity to any tree.
3. Allow Tier II monopoles to be 15 feet above the reference tree.
4. Allow Tier II facilities to be approved administratively by staff rather than continuing to be approved by the
Board by special exception.
5. Exempt wireless facilities from the critical slopes provisions.
6. Exempt wireless facilities from review by the Architectural Review Board.
7. Remove Rural Historic Districts from the list of Avoidance Areas,which requires the facility to obtain a Tier
III special use permit.
Changes to submittal requirements:
1. Amend submittal requirements so that only trees or other screening material near the facility or disturbed
areas are shown.
2. Eliminate mandatory annual reporting requirement and instead require the service provider to submit a report
upon the request of the County.
The Board of Supervisors directed staff to work on these changes in two phases. The Board did not specifically
endorse any of the changes to the ordinance. Some Board members stated support and some stated opposition to
the specific proposals. The Board simply directed staff to investigate the possibility of amending the ordinance
using the proposals as a way of starting the conversation.
In the first phase,the proposed zoning text amendment would amend the wireless regulations to ensure that the
County's regulations are consistent with the recent changes in federal law, add relevant definitions related to
those changes in federal law, and delete those requirements that are no longer necessary.
In the second phase,the proposed zoning text amendment would amend the wireless regulations to change
certain application requirements,procedures and standards for reviewing and approving personal wireless
facilities, standards for monopoles and the equipment attached to monopoles, and certain definitions and district
regulations. Staff anticipates that the Phase 2 amendments will take longer to develop than the Phase 1
amendments because extensive research and analysis may be required and public roundtables with the wireless
industry and the public will be held.
It is anticipated that for the Phase 1 work,a series of Roundtables and a Planning Commission worksession can
occur in the first quarter of 2013 followed by a public hearing in the 2nd quarter. Work on Phase 2 will
commence upon completion of Phase 1 in the 2nd quarter. If this occurs,worksessions on Phase 2 can occur in
the 4th quarter of 2013.