Subject: Subject: (REZN-11-15-2344) Request to amend the text of the Unified Development
Ordinance (UDO) in regards to the placement of lines and facilities within the
public roads and/or rights-of-way.
These changes will allow for concealed support structures designed for small
cell technology to be placed within the public roads and/or right-of-way.
UNIFIED DEVELOPMENT ORDINANCE REVISIONS
(Explanation of Revisions)
1. Explanation of Revisions: Changes to section 3.2.72.K.1(B)
Old ? All towers shall be located at least one-third of its height from any
public right-of-way.
New - All towers shall be located at least one-third of its height from any
public right-of-way, unless it is a concealed support structure designed for
small cell technology.
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
Sec. 3.2.72.K.1(B)
All towers shall be located at least one-third of its height from any public
right-of-way.
Sec. 3.2.72.K.1(B)
All towers shall be located at least one-third of its height from any public
right-of-way, unless it is a concealed support structure designed for small
cell technology.
2. Explanation of Revisions: Create Section 3.2.72.O
New - Section 3.2.72.O ? Any telegraph or telephone company that places or
seeks to place lines and facilities in the public roads and highways or
rights-of-way of the Columbus Consolidated Government shall provide the
following information:
A. Standards
1. The name, address, and telephone number of a principal office and local
agent of such telegraph or telephone company.
2. Proof of certification from the Georgia Public Service Commission of such
telegraph or telephone company to provide telecommunications services in this
state.
3. Proof of insurance or self-insurance of such telegraph or telephone company
adequate to defend and cover claims of third parties and of municipal
authorities.
4. A description of the telegraph or telephone company?s service area, this
shall be provided with the following information.
a. A construction plan, as defined herein, that describes the proposed
wireless, support structure and all equipment and network components, including
antennas, transmitters, receivers, base stations, power supplies, cabling, and
related equipment.
b. Evidence supporting the choice of location, including, without limitation,
i. Maps or plats showing the proposed location(s) of applicant?s proposed
wireless support structure;
ii. If the proposed location is on private property, a contract with an owner
of real property (?Owner?) upon which the wireless facility and wireless
support structure are to be located and a power-of-attorney giving applicant
the right to seek a permit if the application is not submitted in the owner?s
name; and
iii. A sworn statement from the individual responsible for the choice of
location demonstrating that collocation of wireless facilities on an existing
wireless support structure was not a viable option because collocation:
1. Would not result in the same wireless service functionality, coverage, and
capacity;
2. Is technically infeasible; or
3. Is an economic burden to the applicant.
c. The map shall describe the boundaries of the geographic area to be served in
clear and concise terms.
5. A description of the services to be provided.
6. An affirmative declaration that the telegraph or telephone company shall
comply with all applicable federal, state, and local laws and regulations,
regarding the placement and maintenance of facilities in the public
rights-of-way that are reasonable.
Applicants of complete applications will be notified within 15 business days of
receipt of this application. If no such notification is given within 15
business days of the receipt of an application, such application shall be
deemed complete.
Within 60 calendar days of the receipt of a completed application, the
municipal authority may adopt such application by adoption of a resolution or
ordinance or by notification to the telegraph or telephone company. The
failure of a municipal authority to adopt an application with 60 calendar days
of the receipt of a competed application shall constitute final adoption of
such application.
If the telegraph or telephone company modifies its service area or provisioned
services identified in the original application it shall notify Columbus
Consolidated Government within 20 days prior to the effective date of such
change. This notification shall contain a geographic description of the new
service area or areas and new services to be provided within the jurisdiction
of the affected municipal authority.
3. Explanation of Revisions: Creation of section 3.2.72.O.B Definitions and
new definition.
B. Definitions
New - 1.01 ?new construction plan? when referring to a new wireless support
structure means a written plan for construction that demonstrates that the
aesthetics of the wireless support structure is substantially similar to the
street lights located nearest the proposed location; includes the total height
and width of the wireless facility and wireless support structure, including
cross section and elevation, footing, foundation and wind speed details; a
structural analysis indicating the capacity for future and existing antennas,
including a geotechnical report and calculations for the foundations capacity;
the identity and qualifications of each person directly responsible for the
design and construction; and signed and sealed documentation from a
professional engineer that shows the proposed location of the wireless facility
and wireless support structure and all easements and existing structures within
two hundred (200) feet of such wireless facility or wireless support structure.
?modification construction plan? when referring substantial
modification of an existing wireless facility or wireless support structure
means a plan that describes the proposed modifications to the wireless support
structure and all equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and related
equipment.
The Planning Advisory Commission (PAC) considered this text amendment at their
meeting on November 18, 2015. The PAC recommended Approval. The Planning
Department recommends Approval.
Sincerely,