A.

The standards of this section are intended to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the town and community. Specifically, the standards shall:

1.

Provide for the managed development and installation, maintenance, modification, and removal of wireless communications infrastructure in the town, including within the rights-of-way, with the goal of having the fewest number of wireless communication facilities ("WCF") required 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;

2.

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, camouflage design techniques, collocation, and undergrounding of WCFs and the equipment associated therewith;

3.

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

4.

Manage amateur radio facilities and over-the-air receiving devices in the Town.

A.

The requirements set forth in this Chapter 12 shall apply to all WCF applications for base stations, alternative tower structures, small cell facilities, alternative tower structures located within right-of-way, and towers as defined in this chapter and further addressed herein.

The requirements set forth in this Chapter 12 shall not apply to:

The requirements set forth in this Chapter shall not apply to:

1.

Amateur radio antennas. Over the air reception devices ("OTARD") and other residential television reception/antenna towers except as required in the operational standards set forth in this section.

2.

Pre-existing WCFs. Any WCF for which a permit has been properly issued prior to the effective date of this FDC shall not be required to meet the requirements of this Chapter, other than the operational standards set forth. Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable operational standards set forth in this chapter.

3.

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 any requirements related to Special Review Uses contained in this Chapter of this FDC and the requirement that the height be no more than the distance from the base to the property line are met. The Director has the authority to approve modifications to the height restriction related to OTARD antennas and OTARD antenna structures, if the Director determines, with reasonable discretion, that modifications are necessary to comply with Federal law.

(Ord. 982 Att., 2020)

A.

The following words, terms and phrases, when used in this FDC, shall have the meanings ascribed to them in this Section:

Accessory equipment. Any equipment serving or being used in conjunction with a WCF, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

Alternative tower structure. Manmade trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are compatible with the natural setting and/or surrounding structures, and camouflage or conceals the presence of antennas or towers so as to make them architecturally compatible with the surrounding area. This term also includes any antenna or antenna array attached to an alternative tower structure or a stand-alone pole (including a replacement pole) in the right-of-way that accommodates small cell facilities to the extent the pole meets the camouflage and concealment standards of this chapter.

Antenna. Any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations. Exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.

Antenna, dish. Dish (parabolic or cylindrical) antennas used for microwave and satellite transmission and reception for commercial purposes. This definition shall not apply to wireless cable satellite dish antennas or dish antennas less than one (1) meter measured diagonally.

Base station. A structure or equipment at a fixed location that enables Federal Communications Commission ("FCC") licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation:

1.

Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the Town pursuant to this section has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and

2.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks) that, at the time the relevant application is filed with the Town pursuant to the Code has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

3.

The definition of base station does not include any structure that, at the time the application is filed with the Town under this Chapter, does not support or house equipment described herein in sub-paragraphs 1 and 2 of this definition.

Camouflage, concealment, or camouflage design techniques. A WCF which is camouflaged or utilizes camouflage design techniques when any measures are used in the design and siting of WCFs with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, or (iii) uses a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree) or is incorporated into or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Director. The Town's Director or such person's authorized designee.

Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving: (i) colocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment.

Eligible support structure. Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the Town under this Chapter.

Existing. A constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time of an eligible facilities request, provided that a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition.

Monopole. A single, freestanding pole-type structure supporting one or more antennas.

OTARD. An over-the-air receiving device.

OTARD antenna. An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter; or, an antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter or diagonal measurement; or, an antenna that is designed to receive television broadcast signals.

OTARD antenna structure. Any pole, tower, or other structure designed and intended to support an OTARD antenna.

Pole-mounted small cell facility. A small cell facility with antenna that are mounted and supported on an alternative tower structure, which includes a replacement pole.

Related accessory equipment. The transmission equipment customarily used with, and incidental to WCF antennas, including by way of example, coaxial or fiber-optic cable, regular and backup power supply and remote radio units.

Replacement pole. A newly constructed and permitted traffic signal, utility pole, street light, flagpole, electric distribution, or street light pole or other similar structure of proportions and of equal height or such other height that would not constitute a substantial change to a pre-existing pole or structure in order to support a WCF or small cell facility or to accommodate collocation and remove the pre-existing pole or structure.

Right-of-way. As used within this Chapter, any public street or road that is dedicated to public use for vehicular traffic except for those rights-of-way owned by the Colorado Department of Transportation within Town limits.

Site. The area comprising the base of the structure and other related accessory equipment deployed on the ground.

Site, for towers other than towers in the right-of-way and eligible support structures. The current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. A site, for other towers in the right-of-way, is further restricted to that area comprising the base of the structure and to other related accessory equipment already deployed on the ground.

Small cell facility. A WCF where each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch. Small cell facilities may be attached to alternate tower structures, monopoles, and pole support structures.

Substantial change. A modification that substantially changes the physical dimensions of an eligible support structure, which meets any of the following criteria:

1.

For towers, other than towers in the public rights-of-way, it may, for one time, increase the height of the tower by more than ten (10) percent or by the height of on additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

2.

For towers, other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

3.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or for towers in the public right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

4.

For any eligible support structure, it entails any excavation or deployment outside the current site;

5.

For any eligible support structure, it would defeat the concealment elements of the eligible support structure. For the purposes of this subsection, a change which undermines the concealment elements of an eligible support structure will be considered to defeat the concealment elements; or

6.

For any eligible support structure, it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs 1, 2, and 3 of this subsection. For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the effective date of this FDC.

Tower. Any structure that is built for the sole or primary purpose of supporting one or more FCC licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes self-supporting lattice towers, guy towers or monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like.

Transmission equipment. Equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wireless communications facility or WCF. A facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the FDC. A WCF includes an antenna or antennas, including without limitation, directions, omni-directional and parabolic antennas, base stations, support equipment, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this Chapter.

(Ord. 982 Att., 2020)

A.

Federal requirements. All WCFs shall meet the current standards and regulations of the Federal Aviation Authority ("FAA"), the FCC and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are amended, 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.

Permission to use within rights-of-way or upon public property. For WCFs in the right-of-way, the applicant shall execute a master license agreement with the Town, granting applicant a non-exclusive license to use the right-of-way. Applicants shall also, as applicable, execute supplemental site licenses with the Town for each facility subject to the master license agreement. An annual attachment fee shall be required for each supplemental site license involving the attachment of WCF's to any Town owned structure in the right-of-way. Master licenses and supplemental site licenses are subject to administrative processing fees, and such fees along with the attachment fee shall be established by resolution of the Town Board of Trustees. Attachment of WCFs on an existing traffic signal, street light pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner. Prior to, or concurrently with, seeking land use approval for a WCF on public property, the applicant shall execute a lease agreement with the Town.

C.

Signal interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, 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 from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the Town to monitor interference levels with public safety communications during this process. Additionally, the owner or operator shall notify the Town at least ten (10) calendar days prior to the introduction of new service or changes in existing service, and shall allow the Town to monitor interference levels with public safety communications during the testing process.

D.

Legal access. In all applications for WCFs an applicant must warrant and represent that it has the written agreement of the owner of the property which is the subject of the application for legal access to and from the WCF and the applicant must also warrant and represent that it will have legal access to the utilities to operate and maintain the WCF.

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 Town concludes 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 thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Town's building official may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the Town may remove such WCF at the owner's expense.

F.

Abandonment and removal. If a WCF has not been in use for a period of three (3) months, the owner of the WCF shall notify the Town of the non-use and shall indicate whether re-use is expected within the ensuing three (3) months. Any WCF that is not operated for a continuous period of six (6) months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within thirty (30) days of receipt of written notice from the Town. If the WCF is not removed within said thirty (30) days, the Town may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired. Additionally, the Town, in its sole discretion, shall not approve any new WCF application until the applicant, if also an owner or operator of an abandoned WCF, has removed such WCF or payment for such removal has been made to the Town.

(Ord. 982 Att., 2020)

A.

The requirements set forth in this section shall apply to the location and design of all WCFs governed by this section; provided, however, that the Town may waive these requirements if it determines that the goals of this section are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the Town, consistent with other provisions of the Code.

1.

Camouflage/concealment. All WCFs and any transmission equipment shall, to the maximum extent practicable, use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF to the surrounding natural setting and built environment. Design, materials and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels.

a.

Camouflage design techniques include:

i.

Integrating the WCF as an architectural feature of an existing structure such as a cupola; or,

ii.

Integrating the WCF in an outdoor fixture such as a flagpole; or,

iii.

Using a design which mimics and is consistent with the nearby natural, or architectural features or is incorporated into or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

b.

Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where WCFs are located in areas of high visibility, they shall to the maximum extent practicable be designed (e.g., placed underground, depressed, or located behind earth berms) to minimize their profile.

c.

The camouflage design may include the use of alternative tower structures should the Director determine that such design meets the intent of the FDC and the community is better served thereby.

d.

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

2.

Hazardous materials. 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.

3.

Colocation. WCFs shall be designed and constructed to permit the facility to accommodate WCFs from at least two (2) wireless service providers on the same WCF unless the Town approves an alternative design to the extent such design is reasonably feasible based upon construction, engineering and design standards. No WCF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Town, the owner or operator shall provide evidence demonstrating why colocation is not possible at a particular facility or site.

4.

Siting.

a.

No portion of any WCF may extend beyond the property line of the lot upon which it is located.

b.

Colocation. WCFs may be required to be designed and constructed to permit the facility to accommodate WCFs from at least two (2) wireless service providers on the same WCF unless the Town approves an alternative design. No WCF owner or operator shall unfairly exclude a competitor from using the same facility or location.

c.

WCFs shall be sited in a location that does not impair vehicle, emergency, and pedestrian ways and does not reduce the parking for the other principal uses on the parcel below FDC standards.

5.

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 Town 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.

6.

Landscaping and fencing requirements.

a.

WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel or site, below FDC standards.

b.

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

c.

In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived altogether by the Director.

d.

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

e.

No "significant trees" may be removed, unless authorized by the Director. To obtain such authorization the applicant shall show that the significant tree removal is necessary, the applicant's plan minimizes the number of significant trees to be removed and any trees removed are replaced at a ratio of two to one (2:1). For the purposes of this subsection a significant tree is defined as a tree that is a minimum of six (6) inches in caliper measured twelve (12) inches above soil line for a deciduous tree or a minimum of ten (10) feet in height for a needled evergreen tree.

7.

Noise. Noise generated on the site must not exceed the standards in the Municipal Code, except that a WCF owner or operator shall be permitted to exceed Municipal Code noise standards for a reasonable period of time during repairs, not to exceed two (2) hours without prior authorization from the Town.

8.

Adjacent to residential uses. WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries.

9.

Additional design requirements.

a.

Base stations. If an antenna is installed on a structure other than a tower, or alternative tower structure, such as a base station (including, but not limited to the antennas and accessory equipment) it shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible, including for example, without limitation, painting the antennas and accessory equipment to match the structure. Additionally, any ground-mounted equipment shall be located, based upon the reasonable discretion of the Town, in a manner necessary to address both public safety and aesthetic concerns and may, where appropriate, require a flush-to-grade underground equipment vault.

b.

Alternative tower structures and small cell facilities shall:

i.

Be designed and constructed to look like a building, facility, or structure typically found in the area;

ii.

Be camouflaged/concealed consistent with other existing natural or manmade features in the immediate proximity of the location where the alternative tower structure will be located;

iii.

Be sited in a manner that is least obtrusive to residential structures and residential district boundaries;

iv.

Take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;

v.

Be compatible with the surrounding topography, tree coverage, and foliage;

vi.

Be designed utilizing design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

vii.

Height or size of the proposed alternative tower structure 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 sixty (60) feet; and

viii.

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

c.

Alternative tower structures and small cell facilities located in right-of-way shall:

i.

Be no higher than thirty-five (35) feet.

ii.

Be no more than ten (10) feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within five hundred (500) feet of the pole or structure.

iii.

Be camouflaged/concealed consistent with other existing natural or manmade features in the right-of-way near the location where the alternative tower structure will be located.

iv.

To the extent feasible, be consistent with the size and shape of pole-mounted equipment installed by communications companies on utility poles near the alternative tower structure.

v.

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.

vi.

Be sized to minimize visual clutter regarding facility antennas, mast arms, equipment, and other facilities.

vii.

For any new pole for an alternative tower structure or small cell facility, be separated from any other existing WCF facility by a distance of a least six hundred (600) feet, unless the new pole replaces an existing traffic signal, street light pole, or similar structure determined by the Director.

viii.

For pole-mounted components, be located on an existing utility pole serving another utility; or be located on a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives.

ix.

When located near a residential property, 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 (2) intersecting streets.

x.

For 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 Director.

xi.

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. Must comply with the federal Americans with Disabilities Act and all applicable local, state, and federal law and regulations. No alternative tower structure nor small cell facility may 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 this use by the Town, 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.

d.

Towers shall:

i.

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 Town;

ii.

Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;

iii.

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

iv.

All towers, excluding alternative tower structures in right-of-way, shall be enclosed by security fencing or wall at least six (6) feet in height and shall also be equipped with an appropriate anti-climbing device. Fencing shall conform to the screening requirements in Chapter 6 of this FDC and shall not consist of barbed wire or chain link material;

v.

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 sixty (60) feet;

vi.

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

vii.

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

viii.

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

ix.

No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town 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 WCF can accommodate these needs may consist of the following:

(A)

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

(B)

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

(C)

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

x.

A tower, located outside of the right-of-way, shall meet the greater of the following minimum setbacks from all property lines:

(A)

The setback for a principal building within the applicable zone district;

(B)

Twenty-five (25) percent of the facility height, including WCFs and transmission equipment;

(C)

The tower height, including antennas, if the tower is in or adjacent to a residential zone district or residential zoned property.

(D)

Towers over forty (40) feet in height shall not be located within one-quarter (¼) mile from any existing tower that is over forty (40) feet in height, unless the applicant has shown to the satisfaction of the Town that there are no reasonably suitable alternative sites in the required geographic area which can meet the applicant's needs.

e.

Related accessory equipment.

f.

Accessory equipment for all WCFs shall meet the following requirements:

i.

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

ii.

The total footprint coverage area of the WCFs accessory equipment shall not exceed three-hundred fifty (350) square feet;

iii.

No related accessory equipment or accessory structure shall exceed twelve (12) feet in height;

iv.

Accessory equipment, including but not limited too remote radio units, 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 accessory equipment shall be camouflaged or concealed.

(Ord. 982 § 22, Att., 2020)

A.

No new WCF shall be constructed and no colocation 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. All WCFs shall be reviewed pursuant to the following procedures:

1.

Submittal requirements. In addition to an application form, signal interference letter, removal affidavits, and payment of all application and review fees, as established by resolution of Town Board of Trustees, each applicant shall submit a scaled site plan, photo simulation, scaled elevation view and other supporting drawings, calculations, and other documentation showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed by the Director to be necessary to assess compliance with this Section. Documents requiring signatures and seals by appropriate qualified professionals shall be provided by applicant after approval of the application by the Director.

2.

Inventory of existing sites. Each applicant for a WCF shall provide to the Director 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 (3) years. The inventory list should identify the site name, site address, and a general description of the facility (for example, 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 colocation 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.

3.

Abandonment and removal affidavits. 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 that is abandoned or is unused for a period of six (6) months.

4.

Special review use. In all zone districts, applications for base stations, alternative tower structures, and towers may be permitted only as a special review use in accordance with the requirements 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 as determined by the Town.

5.

Applications for base stations, alternative tower structures and small cell facilities within right-of-way. In all zone districts each application for a base station, alternative tower structure or small cell facility within the right-of-way shall be reviewed and considered for approval by the Director for conformance with this section and the applicant's execution of a license agreement as approved by the Director.

Applicants may appeal the Director's decision by submitting a written notice of appeal to the Town Manager within ten (10) calendar days from the date of the Director's decision. The notice of appeal must specifically set forth the grounds for appeal and include all documentation the applicant deems relevant. The Town Manager shall within ten (10) business days of receipt of the notice of appeal and review of all documentation submitted by the applicant and the Director's decision issue a final decision which may affirm, overturn or modify the Director's decision.

Except for WCFs in the right-of-way that meet all requirements of this section, the Director may refer the application to the Planning and Zoning Commission for conditional use review if the Director 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.

6.

Review procedures for eligible facilities requests.

a.

Application. In all zone districts, eligible facilities requests shall be considered a use by right subject to administrative review. The Town shall prepare, and make publicly available, an application form which shall be limited to the information necessary for the Town to consider whether an application is an eligible facilities request. Such information may include, without limitation, whether the request:

i.

Would result in a substantial change;

ii.

Violate a generally applicable law, regulations, or other rule codifying objective standards reasonably related to public health and safety.

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

b.

Type of review. Upon receipt of an application for an eligible facilities request pursuant to this Section, the Director shall review such application to determine whether the application so qualifies.

c.

Timeframe for review. Subject to the tolling provisions of subparagraph d. below, within sixty (60) days of the date on which an applicant submits an application seeking approval under this Section, the Town shall approve the application unless it determines that the application is not covered by this subsection.

d.

Tolling of the timeframe for review. The sixty-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 Director determines that the application is incomplete:

i.

To toll the timeframe for incompleteness, the Town 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;

ii.

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

iii.

Following a supplemental submission, the Town 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 paragraph (d)(i) above. In the case of a second or subsequent notice of incompleteness, the Town may not specify missing documents or information that were not delineated in the original notice of incompleteness.

e.

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 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.

f.

Interaction with Telecommunications Act Section 332(c)(7). If the Town determines that the applicant's request is not an eligible facilities request as set forth in this section the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the Town's decision that the application is not a covered request. To the extent such information is necessary, the Town may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

7.

Decision. Any decision to approve, approve with conditions, or deny an application for a WCF, shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.

8.

Compliance with applicable law. Notwithstanding the approval of an application for colocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in the Municipal Code and any other applicable federal, state, and/or local laws and regulations. In addition, all WCF applications shall:

a.

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

b.

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

c.

Be maintained in good working condition and to the standards established at the time of application approval; and

d.

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

9.

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, all applicable Code requirements and standard regulations.

(Ord. 982 Att., 2020)

A.

In addition to the design standards set forth in this Chapter, WCFs, subject to acquisition of a special use approval shall be reviewed in accordance with the procedure set forth herein in Subsection 16.12.6, subject to the following criteria:

1.

Base stations.

a.

Such facilities 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 six (6) 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 evaluated for approval based upon the following criteria:

i.

Roof-mounted whip antennas shall extend no more than twelve (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 (7) feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted; and

iii.

Other roof-mounted transmission equipment shall extend no more than seven (7) 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.

a.

Such structures shall be architecturally compatible with the surrounding area;

b.

Height or size of the proposed alternative tower structure should be minimized as much as practically possible;

c.

WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries;

d.

WCFs shall take into consideration the uses on adjacent and nearby properties and the compatibility of:

i.

The facility to these uses;

ii.

The surrounding topography;

iii.

The surrounding tree coverage and foliage; and

iv.

The design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

e.

WCFs shall take into consideration the impact on the surrounding area of the proposed ingress and egress, if any.

3.

All other towers. The Town shall within the framework of the review criteria set forth in this Chapter consider the following factors in determining whether to issue a special use permit, although the Town may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Town concludes that the goals of this Chapter are better served thereby.

a.

Height or size of the proposed tower;

b.

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

c.

Nature of uses on adjacent and nearby properties;

d.

Compatibility with the surrounding topography:

e.

Compatibility with the surrounding tree coverage and foliage;

f.

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

g.

Proposed ingress and egress; and

h.

No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town 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 WCF can accommodate these needs may consist of the following:

i.

No existing WCFs with a suitable height 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; and

iii.

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

4.

Setbacks and separation. The following minimum setbacks and separation requirements shall apply to all WCFs for which a special use approval is required; provided, however, that the Town may reduce standard setbacks and separation requirements if the applicant demonstrates that the goals of this Section can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact. A tower shall meet the greater of the following minimum setbacks from all property lines:

a.

The setback for a principal building within the applicable zone district;

b.

Twenty-five (25) percent of the facility height, including WCFs and related accessory equipment;

c.

The tower height, including antennas, if the tower is in or adjacent to a residential district; and

d.

Towers over ninety (90) feet in height shall not be located within one-quarter (¼) mile from any existing tower that is over ninety (90) feet in height, unless the applicant has shown to the satisfaction of the Town that there are no reasonably suitable alternative sites in the required geographic area which can meet the applicant's needs.

(Ord. 982 Att., 2020)