1. Title. This Ordinance shall be known as the Wireless Telecommunications Ordinance.
2. Purpose & Intent. The unique character, landscapes and scenic vistas of Alpine are among its most valuable assets. Preserving and promoting those assets are essential to the long- range social and economic wellbeing of the City and its inhabitants. Protecting these assets requires sensitive placement and design of wireless communication facilities so that these facilities remain in scale and harmony with the existing character of the community.
   1. To amend Ordinance No. 2006-06 to accommodate new technology and develop regulations on the use and development of City property for new cell tower facilities.
   2. To regulate personal wireless services antennas, with or without support structures, and related electronic equipment and equipment structures.
   3. To provide for the orderly establishment of personal wireless services facilities in the City.
   4. To minimize the number of antenna support structures by encouraging the co-location of multiple antennas on a single new or existing structure.
   5. To establish siting, appearance and safety standards that will help mitigate the potential impacts related to the construction, use and maintenance of personal wireless communication facilities.
   6. To comply with the Telecommunication Act of 1996 by establishing regulations that (1) do not prohibit or have the effect of prohibiting the provision of personal wireless services, (2) do not unreasonably discriminate among providers of functionally equivalent services, and (3) are not based on the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission’s regulations concerning such emissions.
3. Findings
   1. Personal wireless services facilities (PWSF) are an integral part of the rapidly growing and evolving telecommunications industry, and present unique zoning challenges and concerns by the City.
   2. The City needs to balance the interests and desires of the telecommunications industry and its customers to provide competitive and effective telecommunications systems in the City, against the sometimes differing interests and desires of others concerning health, safety, welfare, and aesthetics, and orderly planning of the community.
   3. The City has experienced an increased demand for personal wireless services facilities to be located in the City, and expects the increased demand to continue in the future.
   4. It is in the best interests of the City to have quality personal wireless services facilities available, which necessarily entails the erection of personal wireless services facilities in the City.
   5. The unnecessary proliferation of personal wireless services facilities through the City creates a negative visual impact on the community.
   6. The visual effects of personal wireless services facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use.
   7. A private property owner who leases space for a personal wireless services facility is the only one who receives compensation for the facility, even though numerous other property owners in the area are adversely affected by the location of the facility.
   8. Chapter 69-3, Utah Code Annotated, grants cities the authority to create or acquire sites to accommodate the erection of telecommunications tower in order to promote the location of telecommunication towers in a manageable area and to protect the aesthetics and environment of the area. The law also allows the City to require the owner of any tower to accommodate the multiple use of the tower by other companies where feasible and to pay the City the fair market rental value for the use of any City-owned site.
   9. Telecommunications towers located on government property with the lease payments being paid to Alpine City instead of individual property owners evenly distributes the income from the lease payments to all citizens of Alpine through increased government services thus indirectly compensating all of the citizens of Alpine for the impact all citizens experience. The public policy objectives to reduce the proliferation of telecommunications towers and to mitigate their impact can be best facilitated by locating telecommunications and antenna support structures on property owned, leased or used by Alpine City as a highest priority whenever feasible.
4. Definitions. The following words shall have the described meaning when used in this ordinance, unless a contrary meaning is apparent from the context of the word.
   1. Antenna. A transmitting or receiving device used in telecommunications that radiates or captures radio signals.
   2. Antenna Support Structure. Any structure that can be used for the purpose of supporting an antenna(s).
   3. City. The City of Alpine, Utah.
   4. City-owned property. Real property that is owned by the City.
   5. Close to Tower Mount. Also known as slim mount, antennas on cell towers mounted very close to tower in order to appeal less noticeable.
   6. Co-location. The location of an antenna on an existing structure, tower or building that is already being used for personal wireless services facilities.
   7. Monopole. A single, self-supporting, cylindrical pole that acts as the support structure for one (1) or more antennas for a personal wireless services facility.
   8. Personal Wireless Services. Commercial mobile telecommunications services, unlicensed wireless communications services, and common carrier wireless telecommunications exchange access services.
   9. Personal Wireless Services Antenna. An antenna used in connection with the provision of personal wireless services.
   10. Personal Wireless Services Facilities (PWSF). Facilities for the provision of personal wireless services. Personal wireless services facilities include transmitters, antennas, structures supporting antennas, and electronic equipment that is typically installed in close proximity to a transmitter.
   11. Private Property. Any real property not owned by the City, even if the property is owned by another public or government entity.
   12. Quasi public use. Uses such as a school or church or other uses defined as quasi public uses in DCA 3.01.110.
   13. Tower. A freestanding structure that is used as a support structure for antenna.
   14. Whip antenna. An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending on the frequency and gain for which they are designed.
5. Applicability. This ordinance (the Wireless Telecommunications Ordinance) applies to both commercial and private low power radio services and facilities, such as “cellular” or PCS (personal communications system) communications and paging systems. This ordinance shall not apply to the following types of communications devices, although they may be regulated by other City ordinances and policies.
   1. Amateur Radio. Any tower or antenna owned and operated by an amateur radio operator licensed by the Federal Communication Commission.
   2. Amateur T.V. Any tower or antenna owned and operated by an amateur T.V. operator licensed by the Federal Communication Commission.
   3. Satellite. Any device designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service or direct satellite service.
   4. Cable. Any cable television head-end or hub towers and antennas used solely for cable television services.

1. Personal Wireless Services Facilities Site Locations. The following are currently approved locations:
   
   1. Co-location on an existing tower.
      
   2. City owned property.
      
   3. Property in conjunction with a quasi-public or public use.
      
   4. Commercial property in the business commercial zone.
      
      No new towers shall be located in Lambert Park.
      
      New towers shall be located no closer than a one-quarter (1/4) mile radius from another tower and shall be no closer to a residence than two (2) times the height of the tower.
      
      If the applicant desires to locate on a site other than the approved sites listed above, the applicant shall have the burden of demonstrating to the City why it cannot locate on an approved site. To do so, the applicant shall provide the following information to the City:
      
      1. The identity and location of any approved sites located within the desired service area.
         
      2. The reason(s) why the approved sites are not technologically, legally, or economically feasible. The applicant must make a good faith effort to locate towers and antennas on an approved site. The City may request information from outside sources to justify or
         rebut the applicant’s reason(s) for rejecting an approved site.
         
      3. Why the proposed site is essential to meet the service demands of the geographic service area and the citywide network. If the applicant desires to construct a monopole, the applicant shall also submit a detailed written description of why the applicant cannot obtain coverage using existing towers.
         
2. Permitted and Non-Permitted Towers and Antennas
   
   1. Permitted. The following are permitted:
      
      1. Co-location on existing towers.
         
      2. Existing towers may be maintained, used, and upgraded or replaced. A replacement
         tower shall not exceed the height of the tower being replaced.
         
      3. Monopoles are permitted subject to the following:
         
         1. A monopole shall not exceed eighty feet (80’).
            
      4. Roof-mounted Antennas are permitted subject to the following:
         
         1. A roof-mounted antenna shall be screened, constructed, and/or colored to match the structure to which it is attached.
            
         2. A roof-mounted antenna shall be set back from the building edge one (1) foot for every one (1) foot of antenna height and shall not exceed fifteen (15) feet in height.
      5. All new antennas shall be slim-mounted or mounted to an existing array.
   2. Not Permitted. The following are not permitted:
      1. Lattice Towers. Lattice appearance is not permitted.
      2. Guyed Towers.
3. Co-location Requirement. Unless otherwise authorized by the approving authority for good cause shown, every new tower shall be designed and constructed to be of sufficient size and capacity to accommodate at least two (2) additional wireless telecommunications providers on the structure in the future.
   
4. Lease Agreement. The City has no implied obligation to lease any particular parcel of City-owned property to an applicant. The City shall enter into a standard lease agreement with the applicant for any facility built on City property. The Mayor or designee is hereby authorized to execute the standard lease agreement on behalf of the City. The lease shall contain the condition that the approving authority must first approve the site plan before the lease can take effect, and that failure to obtain such approval renders the lease null and void.

State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. For purposes of this Part, the term ‘‘eligible facilities request’’ means any request for modification of an existing wireless tower or base station that involves:

• collocation of new transmission equipment;
• removal of transmission equipment; or
• replacement of transmission equipment.

1. Application Requirements. Any person desiring to develop, construct or establish a personal wireless services facility in the City shall submit an application for site plan approval to the City. A site plan shall be required for all new towers and antennas and any modification or replacement of a tower or antenna. The City shall not consider the application until all required information has been included. The application shall be submitted to the City Planner at least fourteen (14) days prior to the public meeting at which it will be presented to the Planning Commission. The applicant shall include the following:
   
   1. Fee. The applicable fee shall be paid to the City Recorder, payable to Alpine City, as set forth in the Alpine City Consolidated Fee Schedule.
   2. Site Plan. A site plan meeting the City’s standard requirements for site plans.
   3. Notification Letter. (new towers and antenna, or Substantial Changes to existing towers and antenna) The applicant shall submit a list of all property owners within five hundred (500) feet of the boundaries of the property where the proposed tower or antenna is to be located. The applicant shall also submit envelopes that have been stamped and addressed to all property owners on the list. The City may require a greater distance if deemed necessary or appropriate. The City shall prepare a notification letter to be sent to the property owners on the list submitted by the applicant to be mailed out at least seven (7) days prior to the public meeting at which the application will be presented to Planning Commission. The letter shall contain the following information:
      1. Address or location of the proposed tower, co-location, tower modification, etc.
      2. Name of the applicant.
      3. Type of tower/antenna (e.g. monopole, roof antenna, etc.)
      4. Date, time, and place of the public meeting at which the application will be presented to the Planning Commission.
   4. Sign. (new towers and antenna, or Substantial Changes to existing towers and antenna) The applicant shall erect a sign of sufficient durability, and print and size quality that is reasonably calculated to give notice to passers-by. The sign shall be posted at least fourteen (14) days prior to the public meeting at which the application will be presented to the Planning Commission. The sign:
      
      1. Shall be 4 ft. (H) x 8 ft. (W)
      2. Shall not be more than six (6) feet in height from the ground to the highest point of the sign; and
      3. Shall be posted five (5) feet inside the property line in a visible location on the property where the tower/antenna is to be located. If the property is located in such a spot that the sign would not be visible from the street, the sign shall be erected in another location close by that will give notice to passers-by, or at Alpine City Hall. The applicant shall be responsible to obtain permission of the property owner to erect the sign. The sign shall include the following information:
         1. Address of location of the proposed tower, co-location, tower modification, etc.
         2. Type of tower/antenna (e.g. monopole, roof antenna, etc.)
         3. Date, time, and place of the public meeting at which the application will be presented to the Planning Commission.
   5. Written Information. The following written information shall be submitted:
      
      1. Maintenance. A description of the anticipated maintenance needs for the facility, including frequency of service, personnel needs, equipment needs, and traffic noise or safety impacts of such maintenance.
      2. Service Area. A description of the service area for the antenna or tower and a statement as to whether the antenna or tower is needed for coverage or capacity.
      3. Licenses and Permits. Copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and
         operation of the antenna.
      4. Radio Frequency Emissions. A written commitment to comply with applicable Federal Communications Commission radio frequency emission regulations.
      5. Liaison. The name of a contact person who can respond to questions concerning the application and the proposed facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.
2. Approval Process. The application and site plan shall be reviewed by the City pursuant to its standard site plan approval process. The City shall process all applications within a reasonable time and shall not unreasonably discriminate among providers of functionally equivalent services. Any decision to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. For modifications to an existing tower, antenna or facility that does not make a Substantial Change, the application and site plan will be reviewed and approved by staff and staff shall act as the land use authority in approving or denying the application and site plan. For any new tower, antenna or facility and/or for any Substantial Change to an existing tower, antenna or facility the application shall be reviewed by the Planning Commission for a recommendation to City Council and the City Council shall review the application and site plan and shall act as the land use authority in approving or denying the application and site plan.
   
   The Planning Commission may, if it deems necessary, require each application to be reviewed independently by a certified radio frequency engineer, licensed to do such work in the State of Utah. The purpose of the review is to determine if other locations are available to achieve an equivalent signal distribution and not significantly affect the operation of the telecommunications facility. Such a review may be required when an applicant indicates that no other acceptable location exists. The costs of an independent review shall be borne by the applicant.
   
   
3. Building Permits
   1. General Requirements. No tower or antenna support structure shall be constructed until the applicant obtains a building permit from the City. No building permit shall be issued for any project for which a site plan or amended site plan is required, until the site plan or amended site plan has been approved by the appropriate authority. If the design or engineering of the antenna support structure is beyond the expertise of the Building Official, the City may require third party review by an engineer selected by the City prior to the issuance of a building permit. The applicant shall pay an additional fee to cover the cost of the third party review.
   2. Additional Requirements for New Towers. If the applicant is constructing a new tower, the applicant shall, if requested by the City, submit a written report from a qualified structural engineer licensed in the State of Utah, documenting the following:
      
      1. Height and design of the new tower, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design.
      2. Seismic load design and wind load design for the new tower.
      3. Total anticipated capacity of the new tower, including number and types of antennas
         which can be accommodated.
      4. Structural failure characteristics of the new tower and a demonstration that the site
         and setbacks are adequate size to contain debris.
      5. Soil investigation report, including structural calculations.

1. Regulation Compliance
   1. Compliance with FCC and FAA Regulations. All operators of personal wireless services facilities shall demonstrate compliance with applicable Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the City. Failure to comply with the applicable regulations shall be grounds for revoking a site plan.
   2. Other Licenses and Permits. The operator of every personal wireless services facility shall submit copies of all licenses and permits required by other agencies and governments with the jurisdiction over the design, construction, location and operation of the facility to the City, shall maintain such licenses and permits in good standing, and shall provide evidence of renewal or extension thereof upon request by the City.
2. Protection Against Climbing. Towers shall be protected against unauthorized climbing by removing the climbing pegs from the lower 20 feet of the towers.
3. Fencing. Towers shall be fully enclosed by a minimum 6-foot tall fence or wall, as directed by the City, unless the City determines that a wall or fence is not needed or appropriate for a particular site due to conditions specific to the site.
4. Security Lighting Requirement. Towers shall comply with the FAA requirements for lighting. The City may also require security lighting for the site. If security lighting is used, the lighting impact on surrounding residential areas shall be minimized by using indirect lighting, where appropriate.
5. Emergency. The City shall have the authority to move or alter a personal wireless services facility in case of emergency. Before taking any such action, the City shall first notify the owner of the facility, if feasible.

(Ord. No. 2006-06, 4/25/06; Amended by Ord. No. 2012-05, 7/10/12; Ord. No. 2014-15, 09/23/14)

1. Regulations for Accessory Structures
   1. Storage Areas and Solid Waste Receptacles. No outside storage or solid waste receptacles shall be permitted on site.
   2. Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services facility shall, whenever possible, be located within a lawfully pre-existing structure or completely below grade. When a new structure is required to house such equipment, the structure shall be harmonious with, and blend with, the natural features, buildings and structures surrounding such structure.
   3. Accessory Buildings. Freestanding accessory buildings used with a personal wireless services facility shall not exceed 450 square feet and shall comply with the setback requirements for structures in the zone in which the facility is located.
2. Parking. The City may require a minimum of one (1) parking stall for sites containing a personal wireless services facility and/or accessory buildings, if there is insufficient parking available on the site.
3. Maintenance Requirements. All personal wireless services facilities shall be maintained in a safe, neat, and attractive manner.
4. Landscaping. A landscaping plan in compliance with DCA 3.13 shall be submitted to the Planning Commission who will make a recommendation to the City Council who will approve the landscape plan.
5. Site Restoration Upon Abandonment. All sites shall be restored to the original configuration upon abandonment.
6. Fencing. The City will determine the type of fencing used on wireless telecommunications sites on a case by case basis. In the case of the Rodeo Grounds, the fencing shall match the existing fencing. Fencing will recommend by the Planning Commission and approved by the City Council.
7. Color and material standards. The City shall make an administrative decision as to the color. To the extent the personal wireless services facilities extend above the height of the vegetation immediately surround it, they shall be painted in a nonreflective light gray, light blue or other hue, which blends with the skyline and horizon or a brown to blend in with the surrounding hillside.
8. Facility Lighting and Signage Standards. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security, safety and/or FAA regulations. Lighting of antennas or support structures shall be prohibited unless required by the FAA and no other alternatives are available. In all instances, the lighting shall be designed so as to avoid glare and minimize illumination on adjacent properties. Lighting shall also comply with any applicable City lighting standards.
9. Facility Signs. Signs shall be limited to those needed to identify the numbers to contact in an emergency, public safety warnings, certifications or other required seals. These signs shall also comply with the requirements of the City’s sign regulations.
10. Utility Lines. All utility lines serving new cell towers shall be located underground.
11. Business License. Each facility shall be considered as a separate use; and an annual business license shall be required for each facility.