[Added 6-20-2018 by Ord.
No. 10-18]
This section implements Section 6409(a) of the Middle Class
Tax Relief Job Creation Act of 2012 ("Spectrum Act"),[1] as interpreted by the Federal Communications Commission's
("FCC") Acceleration of Broadband Deployment Report and Order, which
requires a state or local government to approve any eligible facilities
request for a modification of an existing tower or base station that
does not result in a substantial change to the physical dimensions
of such tower or base station.
[1]
Editor's Note: See 47 U.S.C. § 1455.
The following terms shall, when used in this section, have the
following meanings:
A structure or equipment at a fixed location that enables FCC
licensed or authorized wireless communications between users, equipment
and a communications network. The term does not encompass a tower
as defined herein or any equipment associated with a tower. Base station
includes, without limitation:
Equipment associated with wireless communications services such
as private, broadcast and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including distributed antennae systems
or small cells).
Any structure other than a tower that, at the time of the relevant
application is filed with the Planning Board or Zoning Board, supports
or houses equipment described in this definition that has been reviewed
and approved under the applicable zoning process, even if the structure
was not built for the sole or primary purpose of providing that support.
The term does not include any structure that, at the time of
application is filed with the Planning Board or Zoning Board, does
not support or house equipment described in this definition.
The mounting or installing of transmission equipment on an
eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimension
of such tower or base station, involving: collocation of new transmission
equipment; removal of transmission equipment; or replacement of transmission
equipment.
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Planning Board or Zoning Board.
A constructed tower or base station is existing for the purposes
of this section if it has been reviewed and approved under the applicable
zoning or siting process.
For towers other than towers in the municipal rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
For towers other than towers in the municipal rights-of-way,
it increases the 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 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater;
For towers other than towers in the municipal rights-of-way,
it involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the municipal rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; it entails any excavation or deployment outside the current site; it would defeat the concealment elements of the eligible support structure; or it does not comply with the conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsections A, B, and C of this definition.
Any structure built for the sole or primary purpose of supporting
any FCC licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
[Amended 4-17-2019 by Ord. No. 12-19]
Equipment that facilitates transmission for any FCC licensed
or authorized wireless communications service, including, but not
limited to, radio transceivers, antennas, coaxial or fiber optic cable,
and regular and backup power supply. The term includes equipment associated
with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
A.
Type of review. Upon receipt of an application for an eligible facilities
request pursuant to this section, the Planning Board or Zoning Board
shall review such application to determine whether the application
qualifies.
B.
Time frame for review. Within 60 days of the date on which an applicant
submits an application seeking approval under this section, the Planning
Board or Zoning Board shall approve the application unless it is determined
that the application is not covered by this section.
C.
Tolling of the time frame for review. The sixty-day review period
begins to run when the application is filed, and may be tolled only
by mutual agreement by the Planning Board or Zoning Board, or in the
cases where the application is deemed incomplete.
D.
To toll the time frame for incompleteness, the Planning Board or
Zoning Board must provide written notice to the applicant within 30
days of receipt of the application, specifically delineating all missing
documents or information required in the application.
E.
The time frame for review begins running again when the applicant
makes a supplemental submission in response to the notice of incompleteness
by the Planning Board or Zoning Board.
F.
Following a supplemental submission, the Planning Board or Zoning
Board will notify the applicant within 10 days that the supplemental
submission did not provide the information identified in the original
notice delineating missing information. The time frame is tolled in
the case of second or subsequent notices pursuant to the procedures
identified in this subsection. Second or subsequent notices of incompleteness
may not specify missing documents or information that were not delineated
in the original notice of incompleteness.
G.
Interaction with 42 U.S.C. 332(c)(7).[1] If the Planning Board or Zoning Board determines that
the applicant's request is not covered by the Spectrum Act as delineated
under this section, the presumptively reasonable time frame under
42 U.S.C. 332(c)(7), as prescribed by the FCC, will begin to run from
the issuance of decision that the application is not a covered request
by the Planning Board or Zoning Board.
[1]
Editor's Note: So in original.
