To: Members of the Planning Commission
From: Donna Ferguson, Senior Planner, Development Services
Brad Boland, Planner II, Development Services
Title
Ordinance Repealing and Replacing Chapter 17.60 of the Castle Rock Municipal Code Concerning Personal Wireless Service Facilities
Body
_____________________________________________________________________________
Executive Summary
In response to the state passing legislation allowing small cell wireless located in Right-of-Way, Town staff with help from a consultant updated the wireless code to be consistent with federal and state regulations and incorporate best practices. The updated Wireless Code addresses site selection, design standards, review procedures and requirements, standards of approval, and operational standards.
Background
House Bill 17-1193, passed in 2017, made wireless small cell facilities located in Right-of-Way (ROW) as a use by right throughout the State. A wireless small cell facility is defined in the bill as a wireless facility in which an antenna would fit into an enclosure that does not exceed three cubic feet in volume and the primary equipment enclosures are no larger than seventeen cubic feet in volume. These facilities are most commonly placed on light poles and traffic signals. An example of these facilities would be the lights poles approved at Phillip S. Miller Park and Butterfield Crossing Park this past summer
The Town’s wireless code did not address this new technology and needed to be updated. The Town hired Kissinger & Fellman, P.C., a law firm that specializes in wireless regulations to help Town staff update the wireless code. While updating the code for small cell facilities, staff took the opportunity to update the entire wireless code to be consistent with federal and state regulations and make use of best practices. In addition to compliance with the updated code, wireless providers, who use Town ROW, will be required to enter into a Master Lease Agreement with the Town that will have additional standards and requirements.
Discussion
Important aspects of the updated Code include:
• Definitions are aligned with state and federal rules for the various types of wireless facilities and other key terms
• The code creates general design standards with a strong emphasis on concealment for all wireless facility types and has additional specific design standards by wireless facility type
• Small cell facilities in ROW will be a use by right and will go through a permitting process managed by Public Works
• Small cell facilities outside of ROW will go through an administrative Site Development Plan process
• Providers of small cell facilities in ROW will enter into a master lease agreement with the Town and a pole attachment agreement with either IREA or the Town.
• The updated code creates a hierarchy of locations in the ROW for placement, starting with light poles as most desirable and traffic signals the least desirable
• A minimum spacing of 600 feet is required for a wireless provider to put a new pole in the ROW
• Specific operational standards to small cell facilities in ROW will be addressed in the master lease agreements
• Macro Wireless Facilities range in size for stereotypical large towers, alternative structures such as faux windmills, and antennas located on a building
• Macro Wireless Facilities will continue to go through the public hearing process
• Macro Wireless Facilities located on a building that are fully enclosed or screened may be processed as administrative Site Development Plan, as determined by Town staff
• For wireless facilities located on Town property (outside of ROW) it is proposed that the lease agreement be approved prior to submittal of a land use application.
Public Outreach
Public Outreach consisted of two parts. The first was the placement of a Frequently Asked Questions flyer on the Town website. The second part was the circulation of the updated to code to the wireless industry with subsequent meetings.
Staff Recommendation
Staff recommends that Planning Commission recommend approval of this ordinance to Town Council.
Proposed Motion
I move to recommend approval of the ordinance to Town Council
Attachments
Attachment A: Wireless FAQ
Attachment B: Proposed Regulations