The purpose of these provisions is to establish requirements for the siting of Wireless Communications Facilities (WCFs). The goals of these provisions are to:

(a)

Provide for the managed development and installation, maintenance, modification, and removal of wireless communications infrastructure in the Town with the fewest number of WCFs to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services including all of those who install, maintain, operate, and remove WCFs.

(b)

Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques including but not limited to concealment design techniques and undergrounding of WCFs and the equipment associated therewith.

(c)

Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs.

(d)

Encourage the use of wall mounted panel antennas.

(e)

Encourage roof mounted antennas only when wall mounted antennas will not provide adequate service or are not otherwise feasible.

(f)

Encourage the location of Towers in non-residential areas, in a manner that minimizes the total number of Towers needed throughout the community.

(g)

Encourage strongly the collocation of WCFs on new and existing Sites.

(h)

Encourage owners and users of Antennas and Towers to locate them, to the extent possible, in areas where the adverse impact on the community is minimized.

(i)

Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively, and efficiently.

(j)

Effectively manage Small Cell WCFs in the Right-of-Way.

(Ord. 754-22, §4, 8-9-2022)

The requirements set forth in this Section shall apply to all WCF applications for Base Stations, Alternative Tower Structures, Alternative Tower Structures located within Right-of-Way, and Towers as defined in Section 16-2-210. The Town shall have the authority to waive any requirement or standard set forth in this Section, if the Town makes a determination that the specific requirement or standard is preempted by federal or state law. Prior to applying the waiver to any pending application, the Town shall, in consultation with the Town Manager and Town Attorney, make a written preemption determination which written determination shall identify the specific requirement or standard that is being waived and cite to the specific federal or state law provision that preempts the specific Town requirement or standard set forth in this Section. The requirements set forth in this Section shall not apply to:

(a)

Amateur Radio Antennas. Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas, provided that the requirement that the height be no more than the distance from the base of the antenna to the property line is met. The Town Manager or his or her designee has the authority to approve modifications to the height restriction, if in the reasonable discretion of the Town, modifications are necessary to comply with federal law.

(b)

Pre-existing WCFs. Any WCF for which a permit has been properly issued prior to July 1, 2017, shall not be required to meet the requirements of this Section, other than the requirements of subsections 16-2-930(a), (e) and (f) below. Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of this Section.

(c)

Miscellaneous Antennas. Antennas used for reception of television, multi-channel video programming and radio such as OTARD antennas, television broadcast band antennas, and broadcast radio antennas, provided that the requirement that the height be no more than the distance from the base to the property line are met. The Town Manager or her/his designee has the authority to approve modifications to the height restriction related to OTARD antennas and OTARD antenna structures, if in the reasonable discretion of the Town, modifications are necessary to comply with federal law.

(Ord. 754-22, §4, 8-9-2022)

(a)

Federal Requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changed, then the owners of the WCF governed by this Section shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense.

(b)

Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the Town, the Town may request that the owner or operator of the WCF provide information demonstrating compliance. If such information is not sufficient, in the reasonable discretion of the Town, to demonstrate compliance, the Town may request and the owner or operator of the WCF shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject Site, and which compares the results with established federal standards. If, upon review, the Town finds that the facility does not meet federal standards, the Town may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF pursuant to subsection (a) above. Any reasonable costs incurred by the Town, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the owner or operator of the Site.

(c)

Signal Interference. All WCFs shall be designed and sited so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall, at the time of application, provide a written statement ("Signal Interference Letter") from a qualified radio frequency engineer, certifying that a technical evaluation of existing facilities and the proposed WCFs indicates no potential interference problems. The Town shall be permitted to monitor interference levels with public safety communications during the construction and operational phases for any WCF site.

(d)

Legal Access. In all applications for WCFs outside of the Right-of-Way, an Applicant shall demonstrate that it owns or has lease rights to the Site.

(e)

Operation and Maintenance. To ensure the structural integrity of WCFs, the owner and operator of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the Town determines that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner and/or operator of the WCF, the owner and operator shall have thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner or operator, the Town may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner or operator fails to bring such WCF into compliance within said time period, the Town may remove such WCF at the owner's and operator's expense. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.

(f)

Abandonment and Removal.

(1)

WCFs which are not in use for communications purposes or which are deemed abandoned under subsection (2) below, for a period of six (6) consecutive months, shall be removed by the WCF owner. Removal shall occur within ninety (90) calendar days of the end of said six-month period. Upon removal, the site shall be revegetated to substantially the condition it was in prior to the existence of the telecommunications facility.

(2)

WCFs shall be deemed abandoned if one (1) or more of the following conditions exist:

a.

Power service is disconnected;

b.

All of the equipment required for transmission has been removed from the site; or

c.

The WCF owner has lost ownership, lease rights or other legal authority to use the property for purposes of operating a WCF, and the site has not been legally transferred to another entity possessing such authority.

(3)

In the event that the owner fails to remove the abandoned WCF within the time specified in subsection (1) above, the Town is hereby authorized to remove or cause the removal of the abandoned WCF without any liability for trespass. All costs incurred by the Town, including an administrative cost equal to twenty-five percent (25%) of all direct costs, shall be charged as a lien against such real property and the owners thereof.

(4)

If the amount specified in subsection (3) above is not paid within thirty (30) calendar days of invoicing, the Town shall have the right to seek collection of any amount due, plus statutory interest and any and all costs of collection, including but not limited to its attorney's fees, through institution of an action at law or in equity.

(5)

If the WCF owner intends to abandon or cease use of a WCF, the owner shall notify the Zoning Administrator, in writing, of such intent within thirty (30) days of such decision, and in no event later than the date of abandonment.

(Ord. 754-22, §4, 8-9-2022)

The Town shall adopt and make available administrative regulations describing Design Standards regarding WCFs and related infrastructure, and no new WCFs shall be constructed unless they comply with such Design Standards.

(Ord. 754-22, §4, 8-9-2022)

No new WCF shall be constructed and no Collocation or modification to any WCF may occur except after a written request from an Applicant, reviewed and approved by the Town in accordance with this Section. WCFs are allowed as either a conditional or permitted use in the zone districts as shown in the Land Use Table in Section 16-2-470, except that Eligible Facilities Requests are allowed as a permitted use in all zoning districts subject to the provisions of this Division 9. All WCFs, except Eligible Facilities Requests, shall be reviewed pursuant to the following procedures:

(a)

Submittal Requirements. Each Applicant for a WCF shall be required to submit:

(1)

Completed review application form;

(2)

Submittal Fee;

(3)

Signal Interference Letter (Section 16-2-930(c));

(4)

Inventory of Existing Sites (subsection (b) below); and

(5)

Any other information deemed necessary by the Town to determine compliance with this Section.

(b)

Inventory of Existing Sites. Each Applicant for a WCF shall provide to the Town a narrative and map description of the Applicant's existing or then currently proposed WCFs within the Town, and outside of the Town within one (1) mile of its boundaries. In addition, the Applicant shall inform the Town generally of the areas of the Town in which it believes WCFs may need to be located within the next three years. The inventory list should identify the Site name, Site address, and a general description of the facility (e.g., rooftop antennas and ground mounted equipment). This provision is not intended to be a requirement that the Applicant submit its business plan, proprietary information, or make commitments regarding locations of WCFs within the Town. Rather, it is an attempt to provide a mechanism for the Town and all Applicants for WCFs to share general information, assist in the Town's comprehensive planning process, and promote collocation by identifying areas in which WCFs might be appropriately constructed for multiple users.

The Town may share such information with other Applicants applying for administrative approvals or conditional permits under this Section or other organizations seeking to locate WCFs within the jurisdiction of the Town, provided however, that the Town is not, by sharing such information, in any way representing or warranting that such Sites are available or suitable.

(c)

Applications for Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Right-of-Way. In all zoning districts, and planned developments, each application for a Base Station, Alternative Tower Structure, or Alternative Tower Structure within Right-of-Way shall be reviewed and considered for approval by the Town for conformance to this Section. Except for Small Cell WCFs in the Right-of-Way that meet all requirements of this Section or Eligible Facilities Requests, the Town Manager may refer the application to Board of Trustees for approval if the Town Manager finds the proposed WCF to have a significant visual impact (e.g., proximity to historic or designated view corridors, or on significant community features) or otherwise is substantially incompatible with the structure on which the WCF will be installed, or it does not meet the clear intent of this Section.

(d)

Applications for Towers. In all zoning districts and planned developments, Towers may be permitted only as a conditional use. Such Towers shall be reviewed for conformance to this Section using the use by conditional review procedures set forth in Section 16-2-330 of the Town Code in conjunction with the applicable sections of this Section. All applications for Towers shall demonstrate that other alternative design options such as Base Stations or Alternative Tower Structures are not viable options.

(e)

Administrative Review Procedures for Eligible Facilities Requests.

(1)

Application. In all zoning districts and planned developments, Eligible Facilities Requests for collocation on or modification of an Existing Tower or Base Station shall be considered a use permitted by right subject to administrative review and determination by the Town. The Zoning Administrator shall prepare, and from time to time revise and make publicly available, an application form which shall be limited to the information necessary for the Town to consider whether an application for collocation or modification is an Eligible Facilities Request. The application may not require the Applicant to demonstrate a need or business case for the proposed modification or collocation. Application information may include, without limitation, whether the project:

a.

Would result in a Substantial Change;

b.

Violates a generally applicable building, structural, electrical, or safety code or other law codifying objective standards reasonably related to public health and safety.

(2)

Type of Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this Section, the Zoning Administrator shall review such application to determine whether the application so qualifies.

(3)

Timeframe for Review. Subject to the tolling provisions of subparagraph (4) below, within sixty (60) days of the date on which an Applicant submits an application seeking approval under this Section, the Zoning Administrator shall approve the application unless it determines that the application is not covered by this Section. If the application does not qualify as an Eligible Facilities Request, the denial of the application shall be in writing and shall set forth the reasons for the Zoning Administrator's decision.

(4)

Tolling of the Timeframe for Review. The sixty (60) day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the Town and the Applicant, or in cases where the Zoning Administrator determines that the application is incomplete:

a.

To toll the timeframe for incompleteness, the Zoning Administrator must provide written notice to the Applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application;

b.

The timeframe for review begins running again when the Applicant makes a supplemental written submission in response to the Zoning Administrator's notice of incompleteness; and

c.

Following a supplemental submission, the Zoning Administrator will notify the Applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsection 4(a) of this subsection (e). In the case of a second or subsequent notice of incompleteness, the Zoning Administrator may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(5)

Failure to Act. In the event the Town fails to act on a request seeking approval for an Eligible Facilities Request under this Section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant of approval becomes effective when the Applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

(6)

Interaction with Telecommunications Act Section 332(c)(7). If the Zoning Administrator determines that the Applicant's request is not an Eligible Facilities Request as delineated in this Section, the Applicant shall be advised as to the relevant provisions of the Town Code that govern the process to consider the request, and any additional information that may be required to be submitted in order for the request to be considered complete. If the Applicant subsequently indicates an intent for the proposal to be considered under the relevant section of the Town Code and submits all required information the presumptively reasonable timeframe under Section 332(c)(7), as set forth in applicable federal and state law, will begin to run from the issuance of the submittal of the Applicant's complete information.

(f)

Abandonment and Removal. Prior to approval, affidavits shall be required from the owner of the property and from the Applicant acknowledging that each is responsible for the removal of a WCF, including Related Accessory Equipment, that is abandoned or is unused for a period of six (6) months.

(g)

Decision. Any decision to approve, approve with conditions, or deny an application for a WCF shall be in writing, supported by substantial evidence in a written record, and shall be provided to the Applicant within ten (10) days of the decision. If the approval is for a concealed WCF, the written decision shall specifically identify that the WCF is a concealed facility.

(h)

Compliance with Applicable Law. Notwithstanding the approval of an application for collocation or an Eligible Facilities Request as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, electrical and safety requirements as set forth in the Town Code, and any other applicable regulations. In addition, all WCF applications shall comply with the following:

(1)

Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

(2)

Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property;

(3)

Be maintained in good working condition and to the standards established at the time of application approval or as otherwise required by applicable law; and

(4)

Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) days from the time of notification by the Town or after discovery by the owner or operator of the Site.

(i)

Compliance Report. Upon request by the Town, the Applicant shall provide a compliance report within forty-five (45) days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, applicable Town requirements and regulations.

(Ord. 754-22, §4, 8-9-2022)

No WCF, including Related Accessory Equipment, shall be approved unless it meets the following approval criteria:

(a)

Visual impacts are minimized and view corridors are protected to the greatest extent feasible.

(b)

Unless a Tower site, or otherwise waived pursuant to this Section, the WCF utilizes concealment design techniques to avoid adverse impacts on the surrounding area, by ensuring that the facility looks like something other than a Tower or Base Station;

(c)

The WCF meets the applicable design standards for the type of WCF in accordance with Section 16-2-940, Design Standards and the regulations adopted pursuant thereto; and

(d)

The WCF is and will be operated at all times in accordance with Section 16-2-930.

(e)

The Town's intent is to have several providers use the same structure or site to keep the number of WCFs to a minimum as a means of reducing the overall visual impacts throughout the community. If collocation is a feasible alternative to the construction of a new Tower, then collocation is required.

(f)

If it is practical to attach WCFs to water towers, existing transmission towers, or existing buildings, or light poles or utility poles, then such locations shall be used instead of new Towers.

(g)

WCFs that are attached to existing Base Stations are subject to the following requirements:

(1)

Façade-mounted facilities (antenna mounted on the side of a building) may not extend above the parapet wall, or, in the case of a pitched roof, above the fascia.

(2)

The maximum height of a WCF that is mounted on a rooftop is the shorter of:

a.

Twenty (20) feet taller than the building to which it is attached; or

b.

Ten (10) feet taller than the maximum height allowed in the zone for a principal building.

(3)

Rooftop antennas shall either be:

a.

Mounted to a penthouse;

b.

Set back such that they are not visible from ground level on adjacent rights-of-way or residential uses at a distance of one hundred (100) feet or less; or

c.

Reasonably screened from ground level view, and designed in a manner which is compatible with the materials, colors, and architectural details of the existing building or structure.

(4)

Equipment that does not depend upon an elevated location to operate shall be located:

a.

Within a building;

b.

Within an underground enclosure; or

c.

Within an enclosure at ground level which is screened from view from all abutting properties, streets, and trails.

(h)

Telecommunication towers are subject to the following requirements:

(1)

The minimum setback shall be the setback applicable to principal structures in the zone in which the tower is located, plus one (1) foot per foot that a tower extends above the maximum building height for the zoning district.

(2)

Towers shall be nonreflective, unpainted galvanized steel or painted neutral colors or such shades that are appropriate and compatible with the surrounding environment.

(3)

No lighting shall be permitted on Towers except that required by the Federal Aviation Administration (FAA).

(Ord. 754-22, §4, 8-9-2022)