To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works and Development
Prepared By:
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Ernie Rose, Senior Planner, Public Works and Development
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presenter
Presenter: Ernie Rose, Senior Planner, Public Works and Development
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Subject:
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1:00 PM *Land Development Code Update for Wireless Communication Facilities
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Purpose and Request:
recommended action
Staff is seeking direction from the Board of County Commissioners to modify the Land Development Code (LDC) concerning Wireless Communication Facilities (WCF), which are currently referred to as Commercial Mobile Radio Service (CMRS) in the LDC. The proposed amendment (LDC24-007) retitles the CMRS regulations to WCF and establishes specific regulations for WCF. The proposed WCF section of the code has been reorganized and revised to simplify and modernize it, ensuring compliance with federal and state laws and current telecommunications industry standards and providing a general cross-reference to these standards. The Board's guidance is requested to proceed with these modifications.
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Background and Discussion: Arapahoe County’s Land Development Code provides the ground rules for development and is a significant part of implementing the Comprehensive Plan's goals and policies. The code should respond to changes in development patterns and resident lifestyles over time. Residents of Arapahoe County depend on various wireless communication technologies. Recent legislation, technological advancements, and multiple technologies have created a need to update the County’s wireless communication code. In 2019, the County completed the first wireless communication code update in response to legislative action.
In 2017, the General Assembly enacted HB17-1193, allowing the installation of small wireless service infrastructure in local government-owned rights of way. These facilities support existing networks and enable 5G service, which requires more antennas. In September 2018, the Federal Communication Commission (FCC) issued a ruling (FCC18-133) that interpreted the Federal Telecommunications Act of 1996, placing restrictions on local government's ability to limit small cell installations; because of the short time frame specified under the FCC order to adopt any design standards and because these standards only applied within public rights-of-way, the County’s Engineering Division adopted Small Cell regulations for Wireless Communication Facilities by adding Chapter 14 in the County’s Infrastructure Designs Standards (IDCS) in 2019.
In 2022, the Board of County Commissioners (BOCC) directed staff to begin amending the Land Development Code regarding Commercial Mobile Radio Service (CMRS) and to transition to a new code section for Wireless Communication Facilities (WCF) located on private property. This update aims to ensure that the regulations remain relevant and effective in addressing advancements in communication technology while complying with legal requirements. To assist with this update, staff hired Clarion Associates, which has since developed the revised WCF code amendment.
Wireless communications facilities include cell towers, base stations, and related equipment. Commercial Mobile Radio Service (CMRS) is a type of wireless communication. Other forms of wireless communication include but are not limited to, satellite, infrared, Wi-Fi, Wireless Broadband (Cellular Networks 3G,4G,5G), and mobile communication systems, all of which allow for the transmission of data without the need for physical wires. The proposed update is being developed to incorporate potential technological advancements across all types of wireless communications, including Commercial Mobile Radio Service (CMRS).
The County’s current regulations for wireless communication facilities on private property are outlined in several sections of the Land Development Code that pertain to Commercial Mobile Radio Service Facilities (CMRS). These regulations are problematic because they do not allow for minor modifications to existing facilities, encourage or mandate colocation, or provide alternative locations, such as rooftops. Additionally, the existing wireless section of the code fails to effectively communicate to the public that Federal Communications Commission (FCC) regulations significantly constrain the County's authority to deny or impose conditions on "eligible facilities" that do not result in substantial expansion or alteration of current wireless structures. These regulations are listed as a priority to ensure compliance with federal law and because of their potential to reduce public misunderstanding and controversy over decisions that are, in fact, not within the County’s control.
The proposed section of the Wireless Communication Facilities (WCF) code is designed to comply with Federal Communications Commission (FCC) regulations and delineates the criteria for "eligible facilities." It establishes standards pertaining to the location, design, maintenance, and removal of wireless communication facilities. This code aims to promote the collaborative use of both new and existing WCF locations, thereby minimizing the necessity for multiple towers within the County. This objective is accomplished by mandating the integration of facilities onto existing structures and encouraging co-location among WCF providers on both new and established towers. For new tower structures, the draft code emphasizes that the applicant must demonstrate that other sites are not feasible. Furthermore, the code outlines a structured administrative process for the replacement, modification, repair, and upgrading of equipment through the building permit application system.
Alternatives:
The Board has several options:
1. Direct staff to proceed with the proposed code amendment to public hearing.
2. Direct staff to consider modifications to the proposed code amendment and come back for an additional study session.
3. Direct staff to not proceed with the proposed code amendment.
Fiscal Impact: The proposed amendment is not anticipated to have any fiscal impact.
Alignment with Strategic Plan:
☐Be fiscally sustainable
☒Provide essential and mandated service.
☒Be community focused
Staff Recommendation: Staff recommends approval to move forward with proposed amendment as presented.
Concurrence: The Public Works and Development Department coordinated the draft changes with the County Attorney’s office and Clarion Associates.