Bill Text: GA SB432 | 2009-2010 | Regular Session | Engrossed
Bill Title: "Advanced Broadband Collocation Act"; provide procedures; modification/collocation of wireless communication facilities
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2010-05-24 - Effective Date [SB432 Detail]
Download: Georgia-2009-SB432-Engrossed.html
10 LC
36 1584S (SCS)
Senate
Bill 432
By:
Senators Hawkins of the 49th, Balfour of the 9th, Shafer of the 48th, Williams
of the 19th, Murphy of the 27th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to provide procedures for reviewing applications for the
modification or collocation of wireless communication facilities; to provide a
short title; to provide legislative findings and intent; to provide definitions;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by adding a new chapter to read as follows:
"CHAPTER
66B
36-66B-1.
This
chapter shall be known and may be cited as the 'Advanced Broadband Collocation
Act.'
36-66B-2.
(a)
The General Assembly finds that the enactment of this chapter is necessary
to:
(1)
Ensure the safe and efficient integration of facilities necessary for the
provision of broadband and other advanced wireless communication services
throughout this state;
(2)
Ensure the ready availability of reliable wireless communication services to the
public to support personal communications, economic development, and the general
welfare; and
(3)
Encourage where feasible the modification or collocation of wireless facilities
on existing wireless support structures over the construction of new wireless
support structures in the deployment or expansion of commercial wireless
networks.
(b)
While recognizing and confirming the purview of local governments to exercise
zoning, land use, and permitting authority within their territorial boundaries
with regard to the location, construction, and modification of wireless
communication facilities, it is the intent of this chapter to establish
procedural standards for the exercise of such authority so as to streamline and
facilitate the modification of such facilities, including the placement of new
or additional wireless facilities on existing wireless support structures. It
is not the intent of this chapter to limit or preempt the scope of a local
government's review of zoning, land use, or permitting applications for the
siting of wireless facilities or wireless support structures or to require a
local government to exercise its zoning power.
36-66B-3.
As
used in this chapter, the term:
(1)
'Accessory equipment' means any equipment serving or being used in conjunction
with a wireless facility or wireless support structure and includes, but is not
limited to, utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets, and storage sheds, shelters,
or similar structures.
(2)
'Antenna' means communications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of wireless
communication services.
(3)
'Application' means a formal request submitted to the local governing authority
to construct or modify a wireless support structure or a wireless facility. An
application shall be deemed complete when all documents, information, and fees
specifically enumerated in the local governing authority's regulations,
ordinances, and forms pertaining to the location, construction, modification, or
operation of wireless facilities are submitted by the applicant to the
authority.
(4)
'Collocation' means the placement or installation of new wireless facilities on
previously approved and constructed wireless support structures, including
monopoles and towers, both self-supporting and guyed, in a manner that negates
the need to construct a new freestanding wireless support structure. Such term
includes the placement of accessory equipment within an existing equipment
compound.
(5)
'Equipment compound' means an area surrounding or adjacent to the base of a
wireless support structure within which accessory equipment is
located.
(6)
'Local governing authority' means a municipality or county that has adopted land
use or zoning regulations for all or the majority of land uses within its
jurisdiction or has adopted separate regulations pertaining to the location,
construction, modification, or operation of wireless facilities.
(7)
'Modification' or 'modify' means the improvement, upgrade, expansion, or
replacement of existing wireless facilities on an existing wireless support
structure or within an existing equipment compound, provided such improvement,
upgrade, expansion, or replacement does not increase the height of the wireless
support structure or increase the dimensions of the equipment
compound.
(8)
'Wireless facility' means the set of equipment and network components, exclusive
of the underlying wireless support structure, including antennas, transmitters,
receivers, base stations, power supplies, cabling, and accessory equipment, used
to provide wireless data and telecommunication services.
(9)
'Wireless support structure' means a freestanding structure, such as a monopole,
tower, either guyed or self-supporting, or suitable existing or alternative
structure designed to support or capable of supporting wireless facilities.
Such term shall not include any electrical utility pole or tower used for the
distribution or transmission of electrical service.
36-66B-4.
(a)
Applications for collocation or modification of a wireless facility entitled to
streamlined processing under this Code section shall be reviewed for conformance
with applicable site plan and building permit requirements, including zoning and
land use conformity, but shall not otherwise be subject to the issuance of
additional zoning, land use, or special use permit approvals beyond the initial
zoning, land use, or special permit approvals issued for such wireless support
structure or wireless facility. The intent of this Code section is to allow
previously approved wireless support structures and wireless facilities to be
modified or accept collocations without additional zoning or land use review
beyond that which is typically required by the local governing authority for the
issuance of building or electrical permits.
(b)
The streamlined process set forth in subsection (a) of this Code section shall
apply to applications for all modifications and to applications for all proposed
collocations that meet the following requirements:
(1)
The proposed collocation shall not increase the overall height or width of the
wireless support structure to which the wireless facilities are to be
attached;
(2)
The proposed collocation shall not increase the dimensions of the equipment
compound approved by the local governing
authority;
(3)
The proposed collocation shall comply with applicable conditions of approval, if
any, applied to the initial wireless facilities and wireless support structure,
as well as any subsequently adopted amendments to such conditions of approval;
and
(4)
The proposed collocation shall not exceed the applicable weight limits for the
wireless support structure, as demonstrated by a letter from a structural
engineer licensed to practice in this state.
(c)
A local governing authority's review of an application to modify or collocate
wireless facilities on an existing wireless support structure shall not include
an evaluation of the technical, business, or service characteristics of such
proposed wireless facilities. A local governing authority shall not require an
applicant to submit radio frequency analyses or any other documentation intended
to demonstrate the proposed service characteristics of the proposed wireless
facilities, to illustrate the need for such wireless facilities, or to justify
the business decision to collocate such wireless facilities; provided, however,
that the local governing authority may require the applicant to provide a letter
from a radio frequency engineer certifying the applicant's proposed wireless
facilities will not interfere with emergency communications.
(d)
Within 90 calendar days of the date an application for modification or
collocation of wireless facilities is filed with the local governing authority,
unless another date is specified in a written agreement between the local
governing authority and the applicant, the local governing authority
shall:
(1)
Make its final decision to approve or disapprove the application;
and
(2)
Advise the applicant in writing of its final decision.
(e)
Within 30 calendar days of the date an application for modification or
collocation is filed with the local governing authority, the local governing
authority shall notify the applicant in writing of any information required to
complete the application. To the extent additional information is required to
complete the application, the time required by the applicant to provide such
information shall not be counted toward the 90 calendar day review period set
forth in subsection (d) of this Code
section."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.