In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary to:

A.

Establish a local policy concerning wireless communications providers and services;

B.

Promote competition in the provision of wireless communications services;

C.

Minimize unnecessary local regulation of wireless communications providers and services;

D.

Establish guidelines, standards and timeframes for the exercise of local authority with respect to the regulation of wireless communications providers and services;

E.

Facilitate the provision of wireless communications services to the residents and businesses of the City;

F.

Minimize adverse visual effects of towers and other wireless communications facilities through careful design and siting standards;

G.

Avoid potential personal injury and damage to adjacent properties from tower failure through structural standards and setback requirements;

H.

Encourage and maximize the use of existing and approved towers, buildings and other structures to accommodate new wireless communications facilities in order to reduce the number of towers needed to serve the community;

I.

Assure that all wireless communications companies providing wireless communications facilities or services within the City comply with the Englewood Municipal Code;

J.

Secure fair and reasonable compensation to the City and its residents for the use of any appropriate public property for use as a site for wireless communications facilities; and

K.

Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.

Except as specifically provided below, the requirements set forth in this Chapter shall apply to all WCFs within the City. The City shall have the authority to waive any requirement or standard set forth in this Chapter, if the City makes a determination that the specific requirement or standard is preempted by federal or state law. In case of any conflict between the requirements of this Chapter and any zoning district regulations, the provisions of this Chapter shall control. The requirements set forth in this Chapter shall not apply to:

A.

Amateur Radio Antennas. This Chapter shall not govern any tower, or the installation of any antenna, owned and operated by a federally licensed amateur radio station operator in accordance with FCC rules, so long as all other requirements of the zoning districts are met.

B.

Pre-existing WCFs. Any WCF for which a permit has been properly issued prior to the effective date of this Chapter shall not be required to meet the requirements of this Chapter, other than the requirements of EMC § 16-11-3(A), 16-11-3(E) and 16-11-3(F). Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of this Chapter.

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 City 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 City, modifications are necessary to comply with federal law.

A.

Federal Requirements. All WCFs shall meet the current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission 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 Chapter 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. The City may require that the owner or operator of the WCF provide information demonstrating compliance. If such information is not sufficient, in the reasonable discretion of the City, to demonstrate compliance, the City may require 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 City finds that the facility does not meet federal standards, the City may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF. Any reasonable costs incurred by the City, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the applicant.

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 provide a written statement ("Signal Interference Letter") from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems.

D.

Legal Access. In all applications for WCFs outside of the right-of-way, the 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 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 City 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 of the WCF, the owner shall have 30 days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the City may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the City may remove such WCF at the owner'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. If a WCF has not been in use for a period of three months, the owner of the WCF shall notify the City of the non-use and shall indicate whether re-use is expected within the ensuing three months. Any WCF that is not operated for a continuous period of six months shall be considered abandoned. The City, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within 30 days of receipt of written notice from the City. If such WCF is not removed within said 30 days, the City may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired.

G.

Building Codes; Safety Standards.

1.

To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building codes; the applicable standards for WCFs that are published by the Telecommunication Industry Association and Electronic Industries Association, as amended from time to time; and all applicable codes adopted by the City.

2.

In addition to any other applicable standards and requirements, the following shall apply to all WCFs:

a.

Sufficient anti-climbing measures must be incorporated into each WCF to reduce potential for trespass and injury. By way of example, and not of limitation, security fencing pursuant to EMC § 16-11-4(E)(4)(d), together with a lack of pegs on the bottom portion of a tower, shall be considered sufficient anti-climbing measures.

b.

No guy wires employed may be anchored within the area in front of any primary structure on a parcel.

c.

At least ten feet (10') of horizontal clearance must exist between any antenna and any power line, unless more clearance is required to meet Colorado Public Utilities Commission Standards.

d.

WCFs shall be designed and/or sited so that they do not pose a potential hazard to nearby residences or surrounding properties or improvements. WCFs shall be designed and maintained to withstand, without failure, the maximum forces expected from wind, tornadoes, hurricanes, and other natural occurrences, when the WCF is fully loaded with antennas, transmitters, and other communications facilities and equipment, and camouflaging; or, in the case of existing towers, when the tower is loaded with the antennas, transmitters, and/or other communications facilities at the time of passage of this Chapter.

3.

If, upon inspection, the City concludes that a WCF fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of such a WCF, the owner shall have 30 days to bring such WCF into compliance with such standards. If the owner fails to bring such WCF into compliance within said thirty (30) days, the City may remove such WCF at the owner's expense. Compliance shall be provided pursuant to any applicable codes.

H.

Prohibited Use. Advertising or communication of any visual messages from a Tower or Antenna is prohibited, with the exception of safety related messages.

The requirements set forth in this Section shall apply to the location and design of all WCFs governed by this Chapter as specified below; provided, however, that the City may waive any one or more of these requirements it if determines that the goals of this Chapter are better served thereby. WCFs shall be designed and located to minimize the impact on surrounding properties and residential neighborhoods and to maintain the character and appearance of the City, consistent with other provisions of the EMC.

A.

Camouflage/Concealment. All WCFs and any related accessory equipment shall, to the maximum extent possible, use concealment design techniques, and where not possible utilize camouflage design techniques. Camouflage design techniques include, but are not limited to using materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF to the surrounding natural setting and built environment.

1.

To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building codes; the applicable standards for WCFs that are published by the Telecommunication Industry Association and Electronic Industries Association, as amended from time to time; and all applicable codes adopted by the City.

2.

A concealment design may include the use of alternative tower structures should the City determine that such design meets the intent of the EMC and the community is better served thereby.

3.

All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and towers shall be constructed of non-reflective materials (visible exterior surfaces only).

B.

Siting.

1.

No portion of any WCF may extend beyond the property line.

2.

WCFs shall be required to be designed and constructed to permit the facility to accommodate WCFs from at least two wireless communications providers on the same WCF unless the City approves an alternative design. No WCF owner or operator shall unfairly exclude a competitor from using the same facility or site.

3.

WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below EMC standards.

4.

WCFs shall not encroach into any sight triangles.

5.

Setbacks and Separation.

a.

In residential zones, WCFs and related accessory equipment must not be closer than the greater of the minimum building setback or, for towers, 100 percent of the Tower height from the adjoining lot line.

b.

In non-residential zones, WCFs and related accessory equipment must satisfy the minimum zoning district setback requirements. If land in a nonresidential zone abuts a residential zone with an incompatible use, WCFs must not be closer than the greater of the minimum building setback or, for towers, 100 percent of the Tower height from the adjoining lot line.

c.

Towers over 60 feet in height shall not be located within one-quarter mile from any existing tower that is over 75 feet in height, unless the applicant has shown to the satisfaction of the City that there are no reasonably suitable alternative sites in the required geographic area which can meet the applicant's needs.

C.

Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.

D.

Landscape and Fencing Requirements.

1.

WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the lot or parcel, below any applicable EMC standards including without limitation, planned unit development standards.

2.

For ground mounted WCFs, the site of the WCF shall be landscaped with a buffer of plant materials that effectively screen the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the Site.

3.

In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived in whole or in part by the City.

4.

Existing mature tree growth and natural landforms on the Site shall be preserved to the maximum extent possible. In some cases, such as WCFs sited on large, wooded lots, natural growth around the site perimeter may be sufficient to buffer.

5.

No trees larger than four inches in diameter measured at four and one-half feet high on the tree may be removed, unless authorized by the City. To obtain such authorization the applicant shall show that tree removal is necessary, the applicant's plan minimizes the number of trees to be removed and any trees removed are replaced at a ratio of two to one.

E.

Specific Design Requirements. Additional design requirements shall be applicable to the types of WCFs as specified below:

1.

Base Stations:

a.

Base stations shall be architecturally compatible with respect to attachments, and colored to match the building or structure to which they are attached;

b.

The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two feet;

c.

Wall mounted WCFs shall not extend above the roofline unless mounted to a penthouse; and

d.

Roof mounted WCFs shall be approved only where an applicant demonstrates a wall mounted WCF is inadequate to provide service and shall be evaluated for approval based upon the following criteria:

i.

Roof mounted whip antennas shall extend no more than 12 feet above the parapet of any flat roof or ridge of a sloped roof or penthouse to which they are attached;

ii.

Roof mounted panel antennas shall extend no more than seven feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted; and

iii.

Other roof mounted related accessory equipment shall extend no more than seven feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof.

2.

Alternative Tower Structures (ATS) and Small Cell Facilities Generally:

a.

ATS shall be designed and constructed to look like a building, facility, or structure typically found in the area, in order that the WCF is Concealed.

b.

Height or size of the proposed ATS or small cell facility should be minimized as much as possible and shall be subject to the maximum height restrictions of the zoning district in which they are located, subject to a maximum height limit of 60 feet;

c.

ATS shall be sited in a manner that is least obtrusive to residential structures and residential district boundaries;

d.

ATS should take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;

e.

ATS and small cell facilities shall be compatible with the surrounding topography, tree coverage, and foliage;

f.

ATS and small cell facilities shall be designed utilizing design characteristics that have the effect of concealing where technically feasible and generally reducing or eliminating visual obtrusiveness; and

g.

Visual impacts of the proposed ingress and egress shall be minimized.

3.

Alternative Tower Structures and Small Cell Facilities located in the right-of-way. In addition to the general requirements of subsection (E)(2), above:

a.

No ATS pole shall be higher than 35 feet including any cannister or antennas located on top of a pole;

b.

No pole or structure shall be more than ten feet higher (as measured from the ground to the top of the pole or structure) than any existing utility or traffic signal within 500 feet of the pole or structure;

c.

Any new pole for ATS or Small Cell Facilities shall be separated from any other existing WCF facility by a distance of at least six hundred (600) feet, unless the new pole replaces an existing traffic signal, street light pole, or similar structure determined by the City;

d.

With respect to pole-mounted components, small cell facilities shall be located within an existing or replacement utility or streetlight pole; or be located within a new pole, if there are no reasonable alternatives;

e.

ATS shall be concealed consistent with other existing natural or manmade features in the right-of-way within 1,000 feet of the location where the ATS will be located;

f.

To the extent reasonably feasible, ATS shall be consistent with the size and shape of the pole-mounted equipment installed by communications companies in the same zone district on utility poles within 2,000 feet of the ATS;

g.

When placed near a residential property, any ATS or small cell facilities must be placed in front of the common side yard property line between adjoining residential properties. In the case of a corner lot, the facility must be placed in front of the common side yard property line adjoining residential properties, or on the corner formed by two intersecting streets;

h.

Small cell facilities shall:

i.

Be designed such that antenna installations on traffic signals are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered; and

ii.

Be designed such that all antennas, mast arms, equipment, and other facilities are sized to minimize visual clutter, and where possible, concealed within the structure; and

iii.

Be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the ATS; and

iv.

Be designed such that any ground mounted equipment be installed in an underground or partially underground equipment vault (projecting not more than thirty-six (36) inches above grade), or co-located within a traffic cabinet of a design approved by the City, unless a use by special review is obtained subject to the requirements of the EMC; and

v.

Not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way; and

vi.

Comply with the federal Americans With Disabilities Act and all applicable local, state, and federal law and regulations; and

vii.

Not be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the City, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

4.

Towers:

a.

Towers shall either maintain a galvanized steel finish, or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the City;

b.

Tower structures should use existing landforms, vegetation, structures, and use materials, colors, textures, screening that have the effect of reducing or eliminating visual obtrusiveness to aid in concealing the facility from view or blending in with the surrounding built and natural environment, and;

c.

Monopole support structures shall taper from the base to the tip;

d.

All towers shall be enclosed by security fencing or wall at least six feet in height and shall also be equipped with an appropriate anti-climbing device. No security fencing or any portion thereof shall consist of barbed wire or chain link material; and

e.

Towers shall be subject to the maximum height restrictions of the zoning district in which they are located, subject to a maximum height limit of the zoning district or 150 feet, whichever is less;

f.

Towers should be sited in a manner that is least obtrusive to residential structures and residential district boundaries where feasible;

g.

Towers should take into consideration the uses on adjacent and nearby properties and the compatibility of the tower to these uses;

h.

Visual impacts of the proposed ingress and egress shall be minimized;

i.

No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing WCFs can accommodate the needs that the applicant proposes to address with its Tower application. Evidence submitted to demonstrate that no existing WCFs can accommodate these needs may consist of the following:

i.

No existing WCFs are of sufficient height and are located within the geographic area required to meet the applicant's engineering requirements;

ii.

Existing WCFs do not have sufficient structural strength to support applicant's proposed WCF;

iii.

Locating on existing WCFs would cause electromagnetic interference with the facilities on the existing WCFs or the existing WCFs would cause interference with the applicant's proposed WCF; or

iv.

The applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for collocation.

j.

No Towers shall be permitted in the right-of-way.

5.

Related Accessory Equipment. Related Accessory Equipment for all WCFs shall meet the following requirements:

a.

All buildings, shelters, cabinets, and other accessory components shall be grouped as closely as technically possible;

b.

The total footprint coverage area of the WCF's Related Accessory Equipment shall not exceed 350 square feet;

c.

No related accessory equipment or accessory structure shall exceed 12 feet in height; and

d.

Related accessory equipment shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the related accessory equipment shall be concealed where technically feasible or otherwise camouflaged in a manner appropriate for the specific site.

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 City in accordance with this Section.

All WCFs shall be reviewed pursuant to the following procedures:

A.

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

1.

Completed application form;

2.

Submittal fee;

3.

Signal Interference Letter (EMC § 16-11-3(C));

4.

Inventory of existing sites (EMC § 16-11-5(B)); and

5.

A stamped report by a State of Colorado registered professional engineer, or a verified statement from a qualified radio frequency engineer, demonstrating or assuring that the site will be in full compliance with federal radio-frequency emissions standards for wireless facilities.

6.

Initial demonstration of compliance with EMC § 16-11-3(G)(2)(d), provided via submission of a report to the City prepared by a structural engineer, licensed in the State of Colorado, describing the WCF, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed.

B.

Inventory of Existing Sites. Each applicant for a WCF shall provide to the City a narrative and map description of the applicant's existing or then currently proposed WCFs within the City, and outside of the City within one mile of its boundaries. In addition, the applicant shall inform the City generally of the areas of the City 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 City. Rather, it is an attempt to provide a mechanism for the City and all applicants for WCFs to share general information, assist in the City's comprehensive planning process, and promote collocation by identifying areas in which WCFs might be appropriately constructed for multiple users.

C.

Applications for Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Right-of-Way. 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 City for conformance to this Chapter. Except for WCFs in the right-of-way that meet all requirements of this Chapter, WCFs in zoning districts I-1 and I-2 , and eligible facilities requests, the City may refer the application to Planning and Zoning Commission for approval.

D.

Applications for Towers. With the exception of zoning districts I-1 and I-2, Towers may be permitted only as a conditional use approved by Planning and Zoning Commission. Such towers shall be reviewed for conformance to this Section using the use by special review procedures set forth in EMC § 16-2-9 in conjunction with the applicable requirements in EMC § 16-11-9. All applications for towers shall demonstrate that other alternative locations such as base stations or alternative tower structures are not viable options.

E.

Timeframes for Review.

1.

All WCFs, other than those specified below in subsections (F)-(H) shall be reviewed according to the following timeframes:

a.

Review of an application to collocate a facility other than a small cell facility on an existing tower or base station: 90 days.

b.

Review of an application to deploy a small cell facility on a new structure: 90 days.

c.

Review of an application to deploy a WCF other than a small cell facility on a new structure: 150 days.

d.

Review of an application for a new tower, base station, or alternative tower structure: 150 days.

2.

Tolling the Timeframe for Review. The relevant review timeframe begins to run when the application is filed with the City, and may be tolled only by mutual agreement or where the City determines that an application is incomplete.

a.

To toll the timeframe for incompleteness, the City shall provide written notice to the applicant within 30 calendar days of receipt of the application, specifically delineating all missing documents or information required in the application;

b.

Upon providing the notice of incompleteness to the applicant, the timeframe for review pauses. The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness; and

c.

Following a supplemental submission, the City will notify the applicant within ten (10) business days whether 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 subparagraph b(i) of this subsection. In the case of a second or subsequent notice of incompleteness, the City may not specify missing documents or information that were not delineated in the original notice of incompleteness.

F.

Specific Review Procedures for collocating Small Cell Facilities on Existing Towers or Base Stations. Within ten business days of receipt of an application for a small cell facility, the City shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application to bring the proposal into full compliance with the requirements of this subsection.

1.

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within ten business days of receipt of the application, specifically delineating all missing documents or information required in the application.

2.

The timeframe for review resets to zero when the applicant makes a supplemental written submission in response to the City's notice of incompleteness.

3.

Following a supplemental submission, the City will notify the applicant within ten business days whether the supplemental submission provided the information identified in the original notice delineating missing information. If the application remains incomplete, the timeframe is tolled pursuant to the procedures identified in subparagraphs (1) and (2) of this paragraph. In the case of a second or subsequent notice of incompleteness, the City may not specify missing information or documents that were not delineated in the original notice of incompleteness.

G.

Specific Review Procedures for Eligible Facilities Requests.

1.

Application. Eligible facilities requests for collocation on or modification of an existing tower or base station shall be considered a use by right subject to administrative review and determination by the City. The City 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 City to consider whether an application for collocation or modification is an eligible facilities request. Such information may include, without limitation, whether the project:

a.

Result in a substantial change to the physical dimensions of the site; or

b.

Violate a generally applicable law, regulation, or other rule reasonably related to public health and safety.

The application may not require an applicant to demonstrate a need or business case for the proposed modification or collocation.

2.

Time frame for EFR review. Subject to the tolling provisions below, an application for an eligible facility request shall be approved within 60 days of the date of the request unless it the City determines that it does not qualify as an eligible facilities request. Upon receipt of an application for an eligible facility request pursuant to this subsection, the City shall review such application to determine whether the application so qualifies.

3.

Tolling the Timeframe for EFR Review.

a.

The 60 calendar day review period begins to run when the application is filed with the City, and may be tolled only by mutual agreement or where the City determines that an application is incomplete:

i.

To toll the timeframe for incompleteness, the City must provide written notice to the applicant within 30 calendar days of receipt of the application, specifically delineating all missing documents or information required in the application;

ii.

Upon notice of incompleteness to the applicant, the timeframe for review pauses. The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness; and

iii.

Following a supplemental submission, the City will notify the applicant within ten business days whether 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 subparagraphs (i) and (ii) of this subsection. In the case of a second or subsequent notice of incompleteness, the City may not specify missing documents or information that were not delineated in the original notice of incompleteness.

b.

If the City fails to approve or deny an eligible facility request within the time frame for review (accounting for any tolling), the request shall be deemed granted; provided that this approval shall become effective only upon the City's receipt of written notification from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.

4.

Interaction with Telecommunications Act 47 U.S.C. Section 332(c)(7). If the City determines that the applicant's request is not an eligible facilities request, the applicant shall be advised as to the relevant provisions of the EMC that govern the process to consider the request, and whether the EMC requires any additional information 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 EMC 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 submittal of the required information under the applicable provision of the EMC.

H.

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 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.

A.

Principal or Accessory Use. WCFs may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of WCFs on such lot. Where a new lot or leasehold parcel has been created from a larger parcel, for purposes of determining whether the installation of a tower or WCF complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the larger lot from which the new lot was created shall control. Towers that are constructed and antennas that are installed in accordance with the provisions of this Section shall not be deemed to constitute the expansion of a nonconforming use or structure.

B.

Modification. Existing approved WCFs may be modified, and the power output of existing antennas on an approved facility may be increased, provided the standards and procedures outlined in ANSI Standard and C-95.1 or any amendments or revisions thereto, OST Bulletin No. 65 and Electronics Industries Associations EIA-RS 222(E) or the latest revision or amendment thereof; or such current standards as may be approved by the FCC are complied with.

1.

The City may request copies of plans depicting such modification and other evidence necessary to demonstrate that such modifications are in compliance with the provisions of this Section, and a permitted use approval.

2.

The City must be notified at least 30 days prior to any modification which increases the wind or weight loading capacity, height or footprint of a tower, and may request copies of plans which depict such modifications and indicate compliance with the provisions of this Section, and with the permitted use approval. Depending upon the nature of the modifications, such modifications may require conditional use approval pursuant to EMC § 16-2-9.

C.

Compliance with Applicable Law. Notwithstanding the approval of an application for collocation as described in this Chapter, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in the EMC, 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 City or after discovery by the owner or operator of the site.

Towers, antennas, and telecommunications facilities and base stations are considered structures, and these structures as well as WCF attachments to these structures requiring issuance of a building permit. In connection with the issuance of a permit for a tower, antenna or telecommunications facility or other WCF, and in order to provide the City with accurate and current information concerning entities that own or operate telecommunications facilities within the City; to assist the City in enforcement of this Section; to assist the City in the collection and enforcement of any licensed fees or charges that may be due the City; and to assist the City in monitoring compliance with local, state and federal laws, the applicant shall, prior to a permit being issued, submit the application information described in EMC § 16-11-5, to the City Manager or designee.

A.

Locating WCFs is permitted on City owned property in any zoning district so long as all other requirements of the zoning district are met.

B.

Installing an antenna on an existing tower including the placement related accessory equipment, so long as said additional antenna adds no additional height to said existing tower, does not project outward a distance of more than 14 feet, and is consistent with any applicable conditions of approval for that site, which previously have been imposed by the City.

C.

Installing an antenna on an existing alternative tower structure, including the placement of related accessory equipment, so long as said additional Antenna adds no more than fifteen feet (15') of additional height to the existing structure, does not project outward a distance of more than 14 feet, and is consistent with any applicable conditions of approval for that site, which previously have been imposed by the City, unless it defeats the concealment elements of the Site; provided, however, that if the installation of an antenna or any other related accessory equipment on top of an existing structure causes an increase in the maximum height limitation within the zoning district in which the structure is located, such use shall still be considered a specific permitted use so long as the related accessory equipment adds no more than 15 additional feet to the height of the structure and are adequately screened to the satisfaction of the City Manager or designee.

E.

Locating an alternative tower structure in all zoning districts, so long as all other requirements of the zoning district, Table 4-1, and EMC § 16-11-4, are met.

A.

Applicability. This Section's provisions shall govern the issuance of conditional use permits for WCFs allowed only as conditional uses in EMC § 16-4, (Table 4-1). These provisions and criteria are in addition to the general provisions and criteria governing conditional uses stated in EMC § 16-2-9.

B.

General Provisions.

1.

In granting a conditional use permit, the City may impose conditions to the extent it concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunication facility on adjoining properties.

2.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, structural, or electrical, shall be certified by a Colorado Registered Professional Engineer. Any information submitted relating to radio frequency emissions shall be certified by a qualified radio frequency engineer.

C.

Factors Considered in Granting Conditional Use Permits for Towers. In addition to the criteria set forth in EMC § 16-2-9, the City shall consider the following factors in determining whether to issue a conditional use permit for a tower or antenna:

1.

Height of the proposed tower or height of proposed antenna on a tower or alternative tower structure;

2.

Proximity of the tower to residential structures and residential district boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness such as concealment or camouflage design techniques;

7.

Proposed ingress and egress;

8.

An evaluation of the applicant's plans for development of its WCFs on the site which is the subject of the application, as well as those plans on file from other wireless communications service providers;

9.

An evaluation of the technical reports and materials submitted by the application;

10.

Compliance with this Chapter, as applicable;

11.

Availability of suitable existing towers and other structures;

12.

Any other information that the City deems reasonably necessary in connection with the review of the application.

The City may require the applicant to post a performance bond, letter of credit, or other financial guaranty satisfactory to the City Manager or designee, at the time a building permit is issued, in an amount to be set by the City, reasonably related to the costs that may be incurred by the City should the applicant fail to comply with any of its obligations pursuant to this Chapter concerning maintenance or removal of abandoned facilities. The bond shall remain in effect for a period of ten years from the date of building permit issuance.

The City may enter onto the property and undertake any maintenance activities so long as:

A.

The City Manager or designee has provided the applicant written notice requesting the work needed to comply with this Chapter and providing the applicant at least 45 days to complete it; and a follow up notice of default specifying failure to comply within the time period permitted, and indicating the City's intent to commence the required work within ten days of the notice.

B.

The applicant has not filed an administrative appeal pursuant to EMC § 16-2-12, within thirty days of the notice of the City's intent to commence the required work. If an appeal is filed, the City shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it is taken in favor of the City.

C.

Notwithstanding anything contained in this Chapter to the contrary, the City shall not be required to provide the notice described herein if there is a significant risk to the public health and safety requiring immediate remedial measures.