Title
Resolution Opposing House Bill 1258 and Senate Bill 405 Pertaining to the Elimination of Local Government Control and Authority over the Installation and Operation of New Wireless Communication Structures
Purpose
PURPOSE/BACKGROUND:
Two bills have been introduced in the General Assembly, which if enacted, would eliminate most local control over the installation and operation of many new wireless structures. The bills - HB1258 (Kilgore) and SB405 (McDougle) - would mandate that localities adopt an administrative process for review of all co-locations on existing wireless structures and, more significantly, for all new communication towers that are not more than 50' in height, so long as they meet minimal criteria.
After meeting with local industry representatives in previous years and in response to the increasing need for data distribution over cellular networks, the City adopted zoning amendments to promote the expansion of small cell wireless facilities on existing buildings (“building-mounted antennas”), which are now permitted by-right in most zoning districts (without the need for a use permit) under defined criteria. In addition, the City has consistently supported colocation of wireless antennas on existing structures and, through use permit conditions, requires new communication towers to plan for co-locators in order to minimize the total number of towers in the City. However, due to the significant visual and developmental impact of standalone communication towers, the City has long required a use permit prior to installation of such towers. A use permit allows for a public hearing process before the Planning Commission and City Council, as well as a site-specific and detailed review of the proposed tower to determine whether it meets the placement guidelines contained within the Community Plan, whether it will interfere with public safety radio equipment, and whether it meets a significant gap in service coverage.
The proposed bills would effectively mean that the City, which is charged with balancing public and private interests and encouraging the most appropriate use of land within the City, would have no ability to prevent potentially incompatible tower locations. In addition, for towers in excess of 50' which could still be processed via a use permit, the bills would further limit what conditions the City may impose and what information it may require from applicants. For example, the City would be prohibited from imposing “unreasonable requirements” such as those relating to “the arranging, screening, or landscaping of wireless facilities or wireless substructures.” Locational and screening requirements are critical components of City review, which are intended to lessen the impact of the tower for pedestrians and neighbors. Other language in the bill would limit the City's ability to require submittal of propogation maps and information about the applicant's need for a particular site.
In summary, these bills elevate private industry over public input and favor the telecommunications industry over other businesses, which are also subject to zoning and public hearing processes. The Virginia Municipal League opposes these bills.
Recommendation:
Rec
Adopt the resolution.
Body
WHEREAS, in the 2017 General Assembly Session localities worked with the telecommunications industry (“the industry”) to pass Senate Bill 1282, which was a compromise bill providing a pathway to small cell telecommunications facilities to be located on existing structures;
WHEREAS, Virginia Municipal League, the Virginia Association of Counties and the industry agreed to discuss how to assist underserved areas after the session;
WHEREAS, the industry officials did not engage in meaningful discussions regarding underserved areas and only wanted to discuss a further erosion of local land use authority regarding new structures;
WHEREAS, 2018 legislation by the Industry (House Bill 1258 and Senate Bill 405) proposes to eliminate most local control over the installation and operation of new structures and the replacement of current technology;
WHEREAS, this legislation mandates a ministerial process which eliminates the ability for local officials, residents and businesses to have meaningful input into decisions affecting the character of their own communities;
WHEREAS, this legislation represents a shift in authority, moving decision-making authority from the community and local elected officials to for-profit corporations that install wireless equipment; and
WHEREAS, the wireless equipment installations can have significant health, safety and aesthetics impacts but those companies have little, if any, interest in taking into account those concerns that potentially conflict with their profit margins.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia as follows:
1. It authorizes and approves the contents of this resolution; and
2. The Clerk of Council is directed to send a copy of this resolution to the delegates and senators representing the City of Hampton, Delegate Terry Kilgore, Senator Ryan McDougle, the Governor of the Commonwealth of Virginia, and the Virginia Municipal League.