2018 MC4T Letter To HansRiemer

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May 14, 2018

Council President Hans Riemer,


Montgomery County Council

Dear Council President Riemer,

MC4T is both surprised and disappointed that action by the full Council on ZTA 18-02 has been
scheduled for tomorrow, Tuesday, May 15, when the recent revisions by the Planning Housing
and Economic Development (PHED) Committee were only publicly posted on Friday afternoon,
May 11th - at the start of Mother's Day weekend.

The Montgomery County Coalition for the Control of Cell Towers (MC4T.ORG) continues
to strongly oppose ZTA 18-02.

While MC4T believes that the changes put forward by Council Member Leventhal at the PHED
work session on May 3rd were positive movement toward enhanced protections for residents of
single family neighborhoods (these changes were supported by both Council Member Floreen
and you) -- we do NOT believe that ZTA 18-02 provides an equitable solution for the ALL residents
of Montgomery County.

The “redacted” version of ZTA18-02 as approved by the PHED Committee is NOT a substitute for
a more thoughtful zoning text amendment that incorporates PROVEN best practices from other
innovative jurisdictions.

We remain distressed that ZTA 18-02 ignores public testimony that was overwhelmingly in
opposition to ZTA 18-02 as presented at the April 3rd Council hearing - the only hearing on this bill
where testimony was allowed.

 If the "redacted" ZTA-18-02 is passed by the Council, we expect a virtual tsunami of


backlogged applications to put new antennae everywhere in the County's
commercial and commercial/residential zones. (The Chair of the Tower Committee
testified that there are currently 116 "tabled" and pending wireless facility applications.)

 ZTA 18-02 does not ensure equitable protection of the rights of residents regardless of
where they live – single family home, townhouse or apartment building. ZTA 18-02 offers
no meaningful setbacks for schools, daycare centers and multi-family dwellings
(apartments and condominiums) in the Commercial/Residential (C/R) zones where set
backs are ONLY 10 feet.
 ZTA 18-02 will do nothing to fix the ridiculously inadequate fee structures for wireless
facilities applications. As a result, Montgomery County taxpayers are subsidizing the
wireless industry application process. (Fees have not changed since 2003.)

 ZTA 18-02 will not require wireless facilities to have the least possible impact on our
communities.

 ZTA 18-02 does not provide transparency, proper notice and fair consideration of
resident’s concerns in the review and placement process of wireless facilities.

 ZTA 18-02 does nothing to prevent documented non-compliance/and improper cellular


installations, because there are no post-construction inspections to ensure correct
placement. Nor does DPS rigorously cross verify Tower Committee approvals against
data in applications for permits. ZTA 18-02 does nothing to review existing towers for
safety or aging of the towers.

MC4T urges the entire Council to work with the community to craft a truly comprehensive and
responsive Towers and Antennas Zoning Ordinance, and not rush through poorly drafted, one-
sided legislation.

Sincerely,

W. E. "Rick" Meyer
Montgomery County Coalition for the Control of Cell Towers
www.mc4t.org

cc: All Members of the Montgomery County Council

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