Located south of Birmingham, AL, the suburb of Vestavia Hills has requested a legal review before allowing Crown Castle to proceed with a small cell rollout plan. As the Vestavia Voice reports, neighbors in the Crossgate community have fought to keep the small cell poles away from their half million dollar homes. Though they have already been advised that federal law allows placement of 5G units in the right-of-way, they are hoping that Alabama Attorney General, Steve Marshall, can find a way to give them more control over the cell tower placement.
At its most recent meeting, the Vestavia Hills City Council opted to again delay a vote that would allow Crown Castle to begin construction of the towers. Both City Attorney Patrick Boone and Mayor Ashley Curry have said that there is little the council can do to stop the progress of the cell tower project. Vestavia Hills does not have the authority to ban the plan, it only has the power to approve it. If the council does not issue a response within a 90-day window, the silence is accepted as an approval and Crown Castle can begin installing the 5G poles.
“By asking the attorney general to review it, he’ll give us his opinion,” stated Mayor Curry, “And it will further support or alter what action we can take. I think it’s needed for clarification. It will obviously delay the decision regarding these small cell systems in Crossgate,” Curry continued, “But I think it’s to the citizens’ benefit that we put in this extra effort so we can answer these questions authoritatively.”
The council is specifically seeking feedback on determining if it has any ability to reject or deny the placement of the small cell poles in the right-of-way, and what those determining conditions might be, reports the Vestavia Voice. Another point it wants to clarify is whether or not Vestavia can influence the exact location where a pole is placed, and if aesthetic concerns for a pole’s appearance can be factored in.
At this time, Vestavia Hills and Crown Castle have mutually agreed to a delay of several months while the plan is under review, noted the Vestavia Voice.
“Under our ordinance, the time for acting on an applicant can be extended by negotiation between the City Council and the applicant,” advised Boone. “If the applicant doesn’t want to agree to it, then they can sue us, federal or state.” He added that if Crown Castle is pushed into opening a lawsuit, it is not likely to go well for the Crossgate community.
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