The purpose of this Wireless Telecommunications Ordinance is to provide for the public health, safety and welfare by ensuring that residents, businesses and public safety operations in the City of Green River, Wyoming, have reliable access to telecommunications networks and state of the art mobile broadband communications services while also ensuring that this objective is accomplished according to the City of Green River's zoning, planning and design standards. To accomplish the above stated objectives and to ensure that the placement, construction or modification of wireless telecommunications facilities complies with all applicable federal laws, including without limitation the Telecommunications Act of 1996 47 U.S.C. 332(c)(7) and Section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), the City of Green River adopts this single, comprehensive wireless telecommunications ordinance. By enacting this Ordinance it is the intent to ensure the City of Green River has sufficient wireless infrastructure to support its public safety communications throughout, and to ensure access to reliable wireless communications services throughout all areas of the City of Green River.

(Ord. No. 17-03, § 1, 12-19-17)

For the purposes of this Ordinance, the following definitions shall apply:

Abandonment—Cessation of use of a wireless support structure for wireless telecommunications activity for at least the minimum period of time specified under this ordinance.

Accessory Equipment—Any equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

Administrative Approval—Approval that the City's designated Zoning Administrator is authorized to grant after administrative review.

Administrative Review—Non-discretionary evaluation of an application by the City's Zoning Administrator or designee. This process is not subject to a public hearing. The procedures for administrative review are established in Section 16.3.(A) of this Ordinance.

Antenna—Telecommunications equipment that transmits and/or receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted wireless boosters, satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.

Base Station—A station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.

Carrier on Wheels or Cell on Wheels (COW)—A portable self-contained wireless facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

Collocation—The placement or installation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.

Concealed Wireless Facility—Any wireless facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the facility or wireless support structure is not readily apparent to a casual observer. Examples may include roof-mounted antennas with architectural screening; panel antennas mounted against the wall of an existing building and painted or finished to match the existing structure; and antennas integrated into architectural elements such as steeples or cupolas.

Distributed Antenna System (DAS)—A small network of antennas that are connected to a common source that provides coverage in a building or small geographic area. Similar to small cells in terms of the antennas being installed on poles or other structures, instead of having the transmission equipment installed separately with every set of antennas, there is a "hub" where the equipment is installed collectively. The antenna locations are called nodes and are connected typically by fiber optic cable to the hub where they connect with the transmission equipment.

Electrical Transmission Tower—An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any utility pole.

Eligible Facilities Request—A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.

Equipment Compound—An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.

Existing Structure—A wireless support structure, erected prior to the application for an eligible facilities request, collocation or substantial modification under this ordinance that is capable of supporting the attachment of wireless facilities. The term includes but is not limited to, electrical transmission towers, buildings and water towers. The term shall not include any utility pole.

Fall Zone—The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

FCC—The Federal Communications Commission.

Monopole—A single, freestanding pole-type structure supporting one or more antennas. For the purposes of this Ordinance, a monopole is not a tower or utility pole.

Ordinary Maintenance—Ensuring that wireless facilities and wireless support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity and structural integrity; for example, the strengthening of a wireless support structure's foundation or of the wireless support structure itself. Ordinary maintenance includes replacing antennas of a similar size, weight, shape and color and accessory equipment within an existing equipment compound and relocating the antennas to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include substantial modifications.

Replacement Pole—Pole of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation. Requires removal of the wireless support structure it replaces.

Small Cells—Compact wireless communication equipment containing their own transceiver equipment and which function like cells in a mobile network but provide a smaller coverage area than traditional macrocells.

Substantial Modification—The mounting of a proposed wireless facility, or wireless facilities, on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the following criteria:

(i)

increases the existing vertical height of the wireless support structure by (a) more than ten percent (10%), or (b) the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater;

(ii)

adds an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet, or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);

(iii)

increases the square footage of the existing equipment compound by more than 2,500 square feet.

Tower—A lattice type structure, guyed or freestanding, that supports one or more antennas, and is built for the sole or primary purpose of support any Federal Communications Commission licensed or authorized antennas and their associated facilities.

Utility Support Structure—Utility poles or utility towers supporting electrical, telephone, DAS, small cells, cable or other similar facilities; street light standards; or pedestrian light standards.

WCF on Existing Structure—Wireless communications facilities located on existing structures such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signals poles, flag poles and other similar structures that do not require the installation of a new tower.

Wireless—Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, personal communications services (PCS), microwave, satellite, or radio signals.

Water Tower—A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

Wireless Communication Facility or WCF—The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, base stations, power supplies, cabling and associated equipment necessary to provide wireless telecommunications services.

Wireless Support Structure—A freestanding structure, such as a monopole or tower, designed to support wireless facilities. This definition does not include utility poles.

(Ord. No. 17-03, § 2, 12-19-17)

(A)

Administrative Review and Approval. The following types of applications are subject to the Administrative Review and Approval process as provided in Section 16.4:

(1)

All Zoning Districts:

(a)

Concealed wireless communication facilities in compliance with the following:

(i)

Does not exceed the height limit of the zoning district in which it is located; and,

(ii)

Complies with all Federal laws and State laws.

(b)

Roof top installations on non-residential buildings, in any zoning district, in compliance with the following:

(i)

Setbacks: Antennas shall be mounted at least ten (10) feet, or a distance equal to the height of the antenna, whichever is greater, from the closest exterior or parapet wall of a building or structure.

(ii)

Height: The maximum height of the roof top installation shall not exceed fifteen (15) feet. The height shall be measured from the top of the antenna to the roofline of the building or structure, or to the top elevation of the closest perimeter parapet wall if a parapet wall exists.

(iii)

Roof Mounted Antennas shall be constructed and/or colored to either appear white, light grey, or match the color of the wall above which they are located.

(c)

Distributed antenna systems and small cells that are not exempt under Section 16.3.(C), when not greater than the height limit of the zoning district in which it is located.

(d)

Substantial modifications,

(e)

Collocations.

(f)

COWs, in any zoning district, if the use of the COW is either not in response to a declaration of an emergency or disaster by the Governor, or will last in excess of one hundred-twenty (120) days;

(2)

Commercial Zoning Districts (B-1, B-2, PB and RC):

(a)

All uses listed in Section 16.3.(A)(1)

(b)

Monopoles not exceeding the height limit of the zoning district in which it is located.

(3)

Open and Industrial Zoning Districts (O, I-1 and I-2):

(a)

All uses listed in Section 16.3.(A)(1)

(b)

Wireless support structures having a total height equal to or less than seventy-five (75) feet above existing natural grade.

(B)

Special Use Permit Review.

(1)

Special Use Permit review shall be required for:

(a)

Any application for wireless communication facilities and/or wireless support structures not subject to administrative review as outlined in Section 16.3.(A);

(b)

Any application for wireless facilities and/or wireless support structures not meeting the General Standards outlined in Section 16.6 of this ordinance; and/or,

(c)

All new Wireless Support Structures within a designated overlay districts.

(2)

Special Use Permit review shall follow the procedures for the granting of a Special Use Permit set forth in Appendix B, Chapter 9, Section 9.3 of the Green River Code of Ordinances.

(C)

Exemptions: The following are exempt from all zoning approval processes and requirements:

(1)

Removal or replacement of transmission equipment on an existing wireless tower or base station that does not result in a substantial modification as defined in this ordinance.

(2)

Ordinary maintenance of existing wireless facilities and wireless support structures, as defined in this Ordinance;

(3)

DAS and small cells in accordance with the following:

(a)

Does not require installation of a new tower, utility support structure or building;

(b)

Does not extend no more than three (3) feet horizontally or six (6) feet vertically from the building or utility support structure on which it is mounted; and,

(c)

Complies with all other Federal, State, and local laws (i.e. FCC, FAA, electrical and construction permitting, etc.).

(4)

COWs placed for a period of not more than one hundred twenty (120) days at any location within the City of Green River or after a declaration of an emergency or a disaster by the Governor.

(Ord. No. 17-03, § 3, 12-19-17)

(A)

Administrative Review Applications. All administrative review application packages must contain the following:

(1)

Wireless Facilities Administrative Review Application form signed by applicant;

(2)

Copy of lease or letter of authorization from property owner evidencing applicant's authority to pursue application. Such submissions need not disclose financial lease terms; and,

(3)

Site plans detailing the proposed improvements which comply with the Green River site plan submittal requirements as outlined in Appendix B, Chapter 1, Section 6.F. of the Green River Code of Ordinances. Drawings must depict improvements related to the applicable requirements including property boundaries, setbacks, easements, topography, elevation sketches, and dimensions of improvements.

(4)

Documentation from a licensed professional engineer of calculation of the fall zone.

(5)

Number of proposed antennas and their height above ground level, including the proposed placement of antennas on the wireless support structure.

(6)

For collocations and substantial modifications, written verification from a licensed professional engineer certifying that the host support structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas.

(7)

For collocations and substantial modifications, drawings depicting the improvements along with their dimensions.

(8)

Documentation of legal access to the equipment compound.

(B)

Application Fee. Fees shall be set annually by the Governing Body through the adoption of the Fiscal Year Fee Schedule.

(C)

Procedures and Timing.

(1)

Applications for Collocation, Replacement Pole, Concealed Wireless Facility, Non-exempt COW or Substantial Modification. Within thirty (30) days of the receipt of an application for a collocation, a replacement pole, a concealed wireless facility, a non-exempt COW or a substantial modification, the Zoning Administrator, or designee, will:

(a)

Review the application for conformity with this Ordinance. An application is deemed to be complete unless the Zoning Administrator, or designee, notifies the applicant in writing, within ten (10) calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take ten (10) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within ten (10) calendar days, the application shall be reviewed and processed within thirty (30) calendar days from the initial date the application was received. If the applicant requires a period of time beyond ten (10) calendar days to cure the specific deficiencies, the thirty (30) calendar days deadline for review shall be extended by the same period of time;

(b)

Make a final decision to approve the collocation application or approve or disapprove other applications under this Section; and,

(c)

Advise the applicant in writing of its final decision. If the Zoning Authority denies an application, it must provide written justification of the denial, which must be based on substantial evidence of inconsistencies between the application and this Ordinance.

(d)

Failure to issue a written decision within thirty (30) calendar days shall constitute an approval of the application.

(2)

Applications for New Wireless Support Structures That Are Subject to Administrative Review and Approval. Within forty five (45) calendar days of the receipt of an application for a new wireless support structure that is subject to administrative review and approval under this Ordinance, the Zoning Administrator, or designee, will:

(a)

Review the application for conformity with this Ordinance. An application is deemed to be complete unless the Zoning Administrator, or designee, notifies the applicant in writing, within fifteen (15) calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take fifteen (15) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within fifteen (15) calendar days, the application shall be reviewed and processed within forty five (45) calendar days from the initial date the application was received. If the applicant requires a period of time beyond fifteen (15) calendar days to cure the specific deficiencies, the forty-five (45) calendar days deadline for review shall be extended by the same period of time;

(b)

Make a final decision to approve or disapprove the application; and,

(c)

Advise the applicant in writing of its final decision. If the Zoning Authority denies an application, it must provide written justification of the denial, which must be based on substantial evidence of inconsistencies between the application and this Ordinance.

(d)

Failure to issue a written decision within forty five (45) calendar days shall constitute an approval of the application.

(3)

Building Permits. A building permit shall be applied for following approval of the Wireless Facilities Administrative Review Application.

(Ord. No. 17-03, § 4, 12-19-17)

(A)

Special Use Review Applications. All special use review application packages must contain the following:

(1)

Wireless Facility Special Use Permit application form signed by applicant;

(2)

Copy of lease or letter of authorization from property owner evidencing applicant's authority to pursue application. Such submissions need not disclose financial lease terms; and,

(3)

Site plans detailing the proposed improvements which comply with the Green River site plan submittal requirements as outlined in Appendix B, Chapter 1, Section 6.F. of the Green River Code of Ordinances. Drawings must depict improvements related to the applicable requirements including property boundaries, setbacks, easements, topography, elevation sketches, and dimensions of improvements.

(4)

Documentation from a licensed professional engineer of calculation of the fall zone.

(5)

Number of proposed antennas and their height above ground level, including the proposed placement of antennas on the wireless support structure.

(6)

For collocations and substantial modifications, written verification from a licensed professional engineer certifying that the host support structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas.

(7)

For collocations and substantial modifications, drawings depicting the improvements along with their dimensions.

(8)

Documentation of legal access to the equipment compound.

(9)

Line-of-sight diagram or photo simulation, showing the proposed wireless support structure set against the skyline and viewed from at least four (4) directions within the surrounding areas;

(10)

The applicant shall submit such technical information or other justifications as are necessary to document the need for the WCF to deviate from the criteria outlined in Section 16.3.(A) or Section 16.5, thereby requiring a Special Use Permit.

(B)

Application Fee. Fees shall be set annually by the Governing Body through the adoption of the Fiscal Year Fee Schedule.

(C)

Procedures and Timing.

(1)

Applications for New Wireless Support Structures That Are Subject to Special Use Permit Review and Approval. Within one hundred fifty (150) calendar days of the receipt of an application under Section 5. of this Ordinance, the Zoning Administrator will:

(a)

Complete the process for reviewing the application for conformity with ordinances applicable to special permits, including conducting a hearing in accordance with Appendix B, Chapter 9, Section 9.3 of the Green River Code of Ordinances. An application is deemed to be complete unless the Zoning Administrator notifies the applicant in writing, within thirty (30) calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take thirty (30) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within thirty (30) calendar days, the application shall be reviewed and processed within one hundred fifty (150) calendar days from the initial date the application was received. If the applicant requires a period of time beyond thirty (30) calendar days to cure the specific deficiencies, the one hundred fifty (150) calendar days deadline for review shall be extended by the same period of time;

(b)

Make a final decision to approve or disapprove the application; and,

(c)

Advise the applicant in writing of its final decision. If the Zoning Authority denies an application, it must provide written justification of the denial.

(2)

Building Permits. A building permit shall be applied for following approval of the Wireless Facilities Administrative Review Application.

(Ord. No. 17-03, § 5, 12-19-17)

The following regulations apply to all wireless communication facilities in all zones and overlays, unless otherwise stated:

(A)

Setbacks: Unless otherwise stated herein, each wireless support structure shall be set back from all property lines a distance equal to the engineered fall zone.

(B)

Color: WCFs shall be placed and colored to blend into the architectural detail and coloring of the host structure. Support towers shall be painted a color that best allows it to blend into the surroundings.

(C)

Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or Local building codes and the applicable industry standards for towers, as amended from time to time.

(D)

Lighting and Marking. Wireless facilities or wireless support structures shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

(E)

Signage. Signs located at the wireless facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited. Notwithstanding the foregoing, nothing in this Ordinance shall prohibit signage that is approved for other uses on property on which wireless facilities are located (e.g., approved signage at locations on which concealed facilities are located).

(F)

Accessory Equipment. Accessory equipment, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the wireless facility or wireless support structure. Any equipment not used in direct support of such operation shall not be stored on the site.

(G)

Fencing. Ground mounted accessory equipment and wireless support structures shall be secured and enclosed with a fence not less than six (6) feet in height.

(H)

Interference: Every wireless communication facility shall meet the regulations of the Federal Communications Commission regarding physical and RF interference.

(I)

Health Issues: Every wireless communication facility shall meet health and safety standards for RF emissions as established by the Federal Communications Commission. Certification by a qualified Wyoming licensed engineer shall be submitted to verify such.

(Ord. No. 17-03, § 6, 12-19-17)

(A)

If a wireless support structure is abandoned, and it remains abandoned for a period in excess of twelve (12) consecutive months, the City of Green River may require that such wireless support structure be removed only after first providing written notice to the owner of the wireless support structure and giving the owner the opportunity to take such action(s) as may be necessary to reclaim the wireless support structure within sixty (60) days of receipt of said written notice. In the event the owner of the wireless support structure fails to reclaim the wireless support structure within the sixty (60) day period, the owner of the wireless support structure shall be required to remove the same within six (6) months thereafter. The City of Green River shall ensure and enforce removal by means of its existing regulatory authority, with costs of removal charged to the owner.

(Ord. No. 17-03, § 7, 12-19-17)

The following shall apply to wireless facilities and wireless support structures in existence on the date of adoption of this ordinance:

(A)

Wireless facilities and wireless support structures that were legally permitted on or before the date this Ordinance was enacted shall be considered a permitted and lawful use.

(B)

Activities at Non-Conforming Wireless Support Structures. Notwithstanding any provision of this Ordinance:

(1)

Ordinary maintenance may be performed on a non-conforming wireless support structure or wireless facility.

(2)

Collocation of wireless facilities on an existing non-conforming wireless support structure shall not be construed as an expansion, enlargement or increase in intensity of a non-conforming structure and/or use and shall be permitted through the administrative approval process defined in Section 16.4; provided that the collocation does not substantially modify the size of the equipment compound at that location or otherwise substantially modify the existing non-conformity.

(3)

Substantial modifications may be made to non-conforming wireless support structures utilizing the processes defined in this Ordinance.

(Ord. No. 17-03, § 8, 12-19-17)