New AGF Ordinance Draft
Highlights:
1) expands notice of PROW cell towers to 250 ft. radius; AGF cabinets remain subject to the old notice requirements.
2) expands required notice to NCs and HOAs, residents’ groups (but not community councils as PPCC, BCC and Westwood CC had requested; note: the committees had not directed the C.A. to include this so he did not).
3) eliminates the utlity pole exemption, EXCEPT for “small cell” installations (remain exempt in all locations) installations (not small cell) located in C and M zones (remain exempt, except “where the lot adjoining the utility pole is primarily residential”, ie, in that case the installation in a C or M zone would not be exempt and a permit would be required).
4) defines “small cell” as a device with “a total volume of less than 2.0 cubic feet excluding cable and conduit.” Also, limits any brackets or cross-arms (extension) on small cell devices to no more than a 6″ standoff from the pole (except when additional standoff is necessary to comply with health or safety regulations).
5) eliminates any requirement that the applicant show proof of a gap in coverage.
6) requires non-exempt installations located “along streets where the adjoining land use is primarily residential” to be designed in accordance with the “Least Intrusive Means” standard (defined as “the least amount of physical or aesthetic intrusion” in the PROW, taking into account physical characteristics of the AGF such as size, shape, color, volume, camouflaging, etc.).
7) requires all AGFs to be installed promptly upon approval; if installation is not commenced within 2 years of approval the permit expires.
8) requires unused AGFs that “have not served a customer for 90 days” to be removed at the owner’s cost.
9) re existing AGFs installed prior to the adoption of the ordinance: requires a new permit if an existing AGF needs upgrade or repair if the upgrade or repair causes the volume or height to increase by more than 10% (if less than 10% increase no new permit needed); also requires existing AGfs to comply with certain “pedestrian passage retrofit” and graffiti mitigation and identification requirements; otherwise existing AGFs not subject to the new ordinance provisions.