7.b)5) Staff Report-WirelessCommunicationsOrdinance Council 6 16 15Memorandum
To: Scandia City Council
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, City Clerk
Reference: Wireless Antennas and Towers
Ordinance Amendment
Project No.: 15745.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: June 9. 2015
The Planner recently attended a legal seminar that focused on new Federal Communications
Commission (FCC) regulations related to the collocation and replacement of wireless
communications antennas and equipment on existing towers and monopoles. The general goal
of the regulations is to improve wireless communications by making it easier for wireless
communications providers to update their equipment. The Planning Commission discussed the
new regulations, and has recommended some changes to the City's Development Code in
response to the changes to address issues that have been public concerns when CUP's have
been issued for new towers and equipment on existing towers.
Changes to FCC Regulations
The major elements of the new FCC regulations include the following:
The new regulations prohibit local governments from denying the colocation of wireless
communications equipment on any existing permitted tower or monopole, so long as it
does not substantially change the physical dimensions of the tower or other base
structure (such as a building or water tower). This means the City cannot deny wireless
providers from collocating new antennas or equipment, or replacing existing equipment,
on existing towers that have a city permit, as long as they do not create a "substantial
change."
"Substantial change" related to height means that on a tower or monopole that is not in
an existing public right-of-way, the new or replacement antenna or equipment can
increase the height of the tower up to 20 feet before it is a "substantial change". For
towers within a public right-of-way, towers/monopoles can be increased up to 10' before
it is a substantial change.
"Substantial change" related to width means that the new or replacement equipment can
increase the width of the tower up to 20' at the height where it will be replaced before it
is considered a substantial change when the tower is outside public right-of-way. For
towers within right-of-way, the width is up to a 6' increase at the height of the new
equipment before it is considered a substantial change.
Any excavation for equipment is considered a "substantial change."
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Memorandum
To: Scandia City Council
Copies To: Kristina Handt, City
Administrator
Brenda Eklund, City Clerk
Reference: Wireless Antennas and Towers
Ordinance Amendment
Project No.: 15745.000
From: Sherri Buss, RLA AICP, Routing:
Planner
Date: June 9. 2015
The Planner recently attended a legal seminar that focused on new Federal Communications
Commission (FCC) regulations related to the collocation and replacement of wireless
communications antennas and equipment on existing towers and monopoles. The general goal
of the regulations is to improve wireless communications by making it easier for wireless
communications providers to update their equipment. The Planning Commission discussed the
new regulations, and has recommended some changes to the City's Development Code in
response to the changes to address issues that have been public concerns when CUP's have
been issued for new towers and equipment on existing towers.
Changes to FCC Regulations
The major elements of the new FCC regulations include the following:
The new regulations prohibit local governments from denying the colocation of wireless
communications equipment on any existing permitted tower or monopole, so long as it
does not substantially change the physical dimensions of the tower or other base
structure (such as a building or water tower). This means the City cannot deny wireless
providers from collocating new antennas or equipment, or replacing existing equipment,
on existing towers that have a city permit, as long as they do not create a "substantial
change."
"Substantial change" related to height means that on a tower or monopole that is not in
an existing public right-of-way, the new or replacement antenna or equipment can
increase the height of the tower up to 20 feet before it is a "substantial change". For
towers within a public right-of-way, towers/monopoles can be increased up to 10' before
it is a substantial change.
"Substantial change" related to width means that the new or replacement equipment can
increase the width of the tower up to 20' at the height where it will be replaced before it
is considered a substantial change when the tower is outside public right-of-way. For
towers within right-of-way, the width is up to a 6' increase at the height of the new
equipment before it is considered a substantial change.
Any excavation for equipment is considered a "substantial change."
An employee owned company promoting affirmative action and equal opportunity
Wireless Communications Ordinance Page 2 June 16, 2015
Scandia City Council
If the new equipment defeats the "stealth" or concealment elements of the tower, it is a
"substantial change."
Cities can continue to require permits for replacing communications equipment. However, the
City cannot deny a permit for collocating new equipment on an existing permitted tower, or for
replacing equipment, as long as there is no "substantial change."
Proposed Ordinance Amendments
An important implication of the new regulations is that existing or new towers could
become 20' higher than the maximum height permitted in the ordinance, since providers
can colocate antennas on existing permitted towers up to 20' higher than the height of
the existing tower, because this is not considered a "substantial change." The Planning
Commission noted that there have been public concerns in the past about the height of
towers, particularly those that are visible from sensitive locations, such as the St. Croix
Riverway, state and county roadways, and parks.
The proposed ordinance amendment reduces the maximum permitted height of towers
by 20 feet in most districts. In sensitive locations where the current ordinance permits a
maximum height of only 35 feet, the amendment requires that camouflage or "stealth"
designs be used. This is consistent with Washington County's existing ordinance for
Wireless Communications Antennas and Towers.
The amendment changes the requirement for CUP's for new equipment on existing
permitted towers to an administrative permit, unless there would be a "substantial
change" in the tower as a result of the new equipment.
Request for Council Action
The Planning Commission recommended that the Council approve the proposed amendments
to the Development Code requirements for Wireless Communications Antennas and Towers.
7