Title
UPDATES TO THE WIRELESS COMMUNCATION MASTER PLAN AND THE UNIFIED ZONING CODE REGULATIONS OF WIRELESS COMMUNICATIONS FACILITIES, DER2018-00016 (ALL DISTRICTS).
Presented by: Scott Knebel, Planning Manager.
RECOMMENDED ACTION: Adopt the findings of the MAPC; approve the Wireless Communication Master Plan, January 2019, and adopt the associated amendments to the Wichita-Sedgwick County Unified Zoning Code, authorize the Chairman to sign the resolutions and authorize the resolutions to be published.
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Background: In 2016, the State of Kansas enacted K.S.A. 66-2019 establishing numerous State mandates regarding how local units of government can regulate wireless communication facilities. The statute prohibited the following Wichita-Sedgwick County policies established by the Wireless Communication Master Plan:
1) Requiring applicants to document that no colocation opportunity is available prior to permitting construction of a new wireless communication facility.
2) Requiring applicants to demonstrate that a wireless communication facility addresses a wireless service provider need rather than being constructed as a speculative facility.
3) Evaluating the merits of an application based on colocation opportunities.
4) Requiring small cell facilities in lieu of macro facilities in visually/ environmentally sensitive locations.
5) Requiring applicants to agree to permit colocation on their facility by other service providers as a condition of approval.
Additionally, the statute deems an application for a wireless communication facility approved if the application is not acted upon within 150 days for a new facility or 60-90 days (depending on type) for a colocation application. Finally, the statute requires equal treatment of wireless communication facilities with utility installations when applying to locate in right-of-way but establishes a right-of-way fee cap on local governments that is significantly lower than the fee charged utilities.
In response to th...
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