It may sound like a lot of hoopla over what are essentially utility poles, but as these structures have consistently blocked residents' beach views, Dewey Beach has risen in defense of the town's beloved aesthetics and its right to regulate wireless infrastructure.
For this small resort town and its residents, the opposition to the placement of 5G poles on the dunes or beach entrances is about preserving the character of Dewey, according to Town Manager Bill Zolper.
"What the town really is, is our ocean, our beach and our bay," he said. "So, to have them put the poles up on the dunes as they have, I feel as a town manager, it ruins the atmosphere and the environment in Dewey Beach."
That's why the latest ordinance, which passed through the Planning and Zoning Commission last week, aims to set a more specific permitting process that would require all wireless companies like Verizon to go through the town before installing 5G poles in Dewey Beach.
If that sounds familiar, plans to draft an ordinance that further regulates 5G poles began in the spring. This time, though, the town has hired a wireless consultant and updated the ordinance to outline a process that all wireless companies must follow when they come to install or change wireless infrastructure in town.
This ordinance is set to be considered at the next Town Council meeting on Friday, Nov. 19 at 4 p.m.
If this ordinance passes, it would be a major stride in a year-long fight for regulating 5G poles in Dewey Beach. And yet, some unknowns persist — such as how the town plans to regulate state-owned rights of way, the fate of a pending lawsuit against Verizon and how $375,000 of state funding could help relocate existing 5G poles.
While the town commissioners set more specific design standards — ranging from the appearance of the antenna to the height of the pole — in a separate document, the ordinance also includes some of these aesthetic requirements.
For example, no structure can be taller than 35 feet unless the wireless company can prove that the pole needs to be higher to attract a sufficient signal. Even then, the pole should be 50 feet or less and no more than 10% taller than surrounding structures.
The ordinance and design standards also require wireless companies to first consider using existing structures and prioritize placement along Route 1, which cuts through Dewey Beach. Otherwise, the company must explain why those options are not suitable, Zolper said.
"We're always going to ask that they show us why it can't go on Route 1," he said.
Then, the town will take that explanation and run it past the hired wireless consultants from CTC Net before agreeing or disagreeing with that justification.
Under this updated ordinance, wireless companies would further be prohibited from installing any structures on residential properties, beach dunes and sidewalks.
Since utility poles already exist on the sidewalks along Route 1, Zolper said the town wants to make sure those walkways remain accessible and compliant with the Americans with Disabilities Act.
Probably the most substantial thing this amended ordinance would do, though, is set the specific process for obtaining permits for wireless facilities.
Under this proposed ordinance, every applicant must submit an annual plan to the town, outlining the location of all current and proposed wireless facilities in Dewey Beach. The wireless company must update that plan at the beginning of each fiscal year.
When the applicant submits the annual plan, the town will inform — and remind them — of the design standards for wireless infrastructure in Dewey Beach, even before they apply for a permit to build.
If applicants want to apply for a permit for a structure not included in that plan, they can amend the plan and pay a minimum fee of $250. The town manager, town solicitor and hired wireless consultant will then review each permit that is submitted.
The ordinance still does not address one barrier, though.
When the 5G poles first started popping up along Dewey Beach's coast last fall, town officials turned to the wireless company and the Delaware Department of Transportation for answers.
Why wasn't the town involved in approving or regulating the construction of these poles?
The answer was not very hopeful: Because the state owned the rights-of-way where these poles were installed, DelDOT had the authority by law to approve the construction of any wireless infrastructure installed there. At this point, the state agency had already approved the permits, and the town had little say in what happened to those poles.
Dewey Beach, a town that only owns two of its public roads, realized it needed to do something to have a greater role in regulating wireless infrastructure on these state-owned public rights-of-way.
So, the town considered changing a 1983 agreement with DelDOT, which would give Dewey Beach sole permitting authority for wireless infrastructure in town, except along Route 1.
That memorandum of understanding is still under review by the town attorney, according to Zolper.
While the town determined a legislative path forward, some citizens took the issue into their own hands.
In June, Dewey Beach residents Alex Pires, Diane Cooley and John Snow filed a lawsuit against Verizon, requesting that the court prohibit the wireless company from installing any additional 5G poles on or near the ocean-side sand dunes in an effort to protect what they say are now obstructed views of the beach and ocean.
The lawsuit focuses on five wireless communication poles that Verizon has installed in the sand dunes or at beach entrances in Dewey Beach.
Those same residents also filed a motion for a temporary restraining order that would prevent Verizon from installing any more poles until the court makes a final decision regarding the fate of these poles.
Verizon agreed and Vice Chancellor Samuel Glasscock signed this stipulated temporary restraining order on July 1.
As of the latest update, the lawsuit still stands and the court has scheduled a trial date of Feb. 10.
Shortly after the lawsuit was filed, a representative from Verizon, Chris Serico, provided an emailed statement that the wireless company prefers to collocate wireless equipment on existing poles when "they meet safety, logistics and coverage standards." He also mentioned two new Delmarva Power poles that proved to be possible new locations for the 5G equipment.
The town did not comment on the litigation.
It didn't stop there though.
Then, state legislators started to get involved.
After the lawsuit, Sen. Ernie Lopez, R-Lewes, emailed a statement to his constituents. He said that Verizon had agreed to move some poles as early as the fall after negotiations and urging from House Speaker Pete Schwartzkopf, D-Rehoboth Beach, and himself.
And on Sept. 10, Dewey Beach approved an agreement that the state would provide $375,000 toward the town's effort to relocate 5G Poles.
Right now, there are about 12 poles in Dewey Beach, Zolper said. If any of those poles would be moved, the town would first ask the wireless company to cover the cost. But if the company cannot or will not pay for the relocation, the town can use this state money.
Based on the typical life of this type of funding, the town will have about three years to spend it.
Anything the town does not spend on 5G pole relocation will be returned to the state, Zolper said.
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