The purpose of this Chapter is to provide standards and regulations for the height, location and general design of low power communication towers in Payson City. The requirements of this Chapter apply to both commercial and private low power radio systems such as cellular or Personal Communication Systems (PCS), and paging systems. All facilities approved under this Chapter shall comply with these regulations and all other ordinances of Payson City and any pertinent state or federal regulations.

Each facility shall be considered as a separate use and an annual business license shall be required for each such facility. Uses exempted by the regulations of the Federal Communications Commission shall still be required to obtain a business license to operate a facility, however no fee shall be charged for such uses.

The staff will review each application for approval to ensure that the proposed facility is compatible with the height and mass of existing buildings and utility structures and that co-location of antennas or other structures is possible without significantly altering the existing facility. The facility shall blend with existing vegetation, topography and buildings. The location of a facility may not create a detrimental impact to adjoining property owners.

The following list of definitions is provided to add clarification to the terms used in this Chapter. If further clarification of these terms is required, it will be given by the Payson City Board of Adjustment.

ANTENNA. A transmitting or receiving device used in telecommunications that radiates or captures radio signals.

GUYED WIRE TOWER. An open steel frame supported by guyed wires that extend 80% of the height of the structure away from the structure.

LATTICE TOWER. A self-supporting, multiple sided, open steel frame structure used to support telecommunications equipment.

LOW POWER RADIO SERVICES FACILITY. An unmanned structure that consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached.

MONOPOLE. A single cylindrical steel or wood pole that acts as the support structure for antennas.

ROOF MOUNTED ANTENNA. An antenna or series of antennas mounted on an existing roof, mechanical room or penthouse of a building.

WALL MOUNTED ANTENNA. An antenna or series of antennas mounted against the vertical wall of a building or structure.

WHIP ANTENNA. An antenna that is cylindrical in shape that can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed.

All applications for approval of a low power tower or cellular or PCS facility will be reviewed by the staff. Staff will review the size, height, color, accessory facilities, and general nature of the proposed tower. Staff may recommend conditions on any tower to address the items detailed above and any other appropriate conditions.

If the proposed tower is a permitted use in the zone, the application may be approved administratively by staff. The staff may require the applicant for installation of any tower to obtain approval by the City Council if deemed necessary. All applications that require a Conditional Use Permit for approval of a low power radio tower or cellular or PCS facility shall be processed in accordance with PCC 13.28 and consistent with other land use applications administered under PCC 13 and PCC 12. Staff shall prepare a concise report indicating any inconsistencies with requirements of this Chapter along with options for approval, approval with conditions, or denial of the application.

Any interested party, including the applicant may appeal the action of the Council to the Payson City Board of Adjustment provided such appeal is submitted to the Board within ten (10) days of the Council decision. If the decision has not been appealed within ten (10) days of the decision, the action shall be final.

Low power radio tower, cellular, or PCS facilities are characterized by the type or location of the antenna structure. The five general types of such antenna structures include wall mounted, roof mounted, monopoles less than two feet in diameter, monopoles greater than two feet in diameter, and lattice towers. Standards for installation and construction of each type of structure are listed below:

1. Wall Mounted Antenna. An antenna or series of antennas mounted against the vertical wall of a building or structure. Structures include, but are not limited to, buildings, smoke stacks, water tanks, and grain elevators. Wall mounted antennas are a permitted use in the industrial zones of Payson City and on City owned property, and a conditional use in the agriculture and commercial zones of Payson City (see Chart 1). Any wall mounted antenna shall comply with the following standards:
   1. Wall mounted antennas shall not extend above the wall line of the structure more than four (4) feet, nor shall it protrude more than four (4) feet from the wall.
   2. Wall mounted antennas and associated equipment shall be painted to match the color of the predominant background against which they are most commonly seen. All support structures and antennas should be architecturally compatible with the building or structure. Whip antennas are not allowed on a wall mounted antenna structure.
   3. If any associated equipment is located on the ground, it shall be enclosed by a sight obscuring fence and landscaped to match the surrounding landscaping or to the satisfaction of the Planning Commission.
   4. The owner of any structure on which a wall-mounted antenna is located must, in person or in writing, agree to all conditions of approval including the removal of a vacated antenna.
2. Roof Mounted Antenna. An antenna or series of antennas mounted on the roof, mechanical room, or penthouse of a building or structure. Roof mounted antennas are a permitted use on City owned property and a conditional use in the industrial and commercial zones of Payson City (see Chart 1). Any roof mounted antenna shall comply with the following standards:
   1. Roof mounted antennas may only be erected on buildings or structures with a flat roof and shall be screened, constructed and/or colored to match the structure on which they are located.
   2. Antennas must be setback from the edge of the structure no less than one (1) foot for every one (1) foot of vertical antenna height to a maximum height of ten (10) feet. In no case shall a roof-mounted antenna be located closer than five (5) feet from the edge of the structure on which it is erected.
   3. If any associated equipment is located on the ground, it shall be enclosed by a sight obscuring fence and landscaped to match the surrounding landscaping or to the satisfaction of the Planning Commission.
   4. The owner of any structure on which a roof-mounted antenna is located must, in person or in writing, agree to all conditions of approval including the removal of a vacated antenna.
3. Monopole Structures Less Than Two (2) Feet in Width. A single cylindrical steel or wooden pole that acts as the support structure for an antenna or series of antennas. Monopole structures less than two (2) feet in width are a permitted use in the industrial zones of Payson City and on City owned property, and a conditional use in the commercial and agriculture zones of Payson City (see Chart 1). These types of structures are intended to be placed on light poles, light standards, flagpoles and other existing or planned vertical structures. The following requirements must be satisfied prior to construction of a monopole less than two (2) feet in width:
   1. The total antenna structure mounted on a monopole shall not exceed two (2) feet in width or diameter nor exceed ten (10) feet in height. The entire monopole itself shall not exceed sixty (60) feet in height.
   2. No monopole antenna shall be placed in or within two hundred (200) feet of a residential zone.
4. Monopole Structures Greater Than Two (2) Feet in Width. A single cylindrical steel or wooden pole that acts as the support structure for an antenna or series of antennas. Monopole structures Greater than two (2) feet in width are a permitted use in the industrial zones of Payson City and on City owned property, and a conditional use in the commercial and agriculture zones of Payson City (see Chart 1). The following requirements must be satisfied prior to construction of a monopole greater than two (2) feet in width:
   1. The actual antennas and antenna support structure on a monopole shall not exceed thirteen (13) feet in width and eight (8) feet in height.
   2. No monopole shall be erected within two hundred (200) feet of a residential zone or within a one half mile radius to another monopole tower unless grid documentation is supplied by an independent consultant stating that co-location will create an unreasonable hardship.
   3. All monopoles shall be less than sixty (60) feet in height unless the tower is designed for co-location of antenna structures. In the case of co-location, the height of the tower may be increased by twenty (20) feet for each potential co-location not to exceed three (3) potential co-locations or one hundred (100) feet in total monopole height.
   4. Co-location of more than one antenna structure is a permitted use on all approved monopoles and is approved administratively by the staff.
   5. The applicant must supply the city with a letter indicating that if technology renders the tower obsolete or the tower is vacated the applicant will remove the tower and all associated equipment within ninety (90) days of the vacation of the tower.
   6. Monopole towers may not be constructed in the required setback, landscape buffer area, or required parking area of any zone.
   7. All associated equipment located on the ground, shall be enclosed by a sight obscuring fence and landscaped similar to surrounding landscaping or to the satisfaction of the City Council.
   8. The owner of any property on which a monopole tower mounted antenna is located must, in person or in writing, agree to all conditions of approval including the removal of a vacated antenna.

Payson City strongly supports the placement of facilities on existing structures and co-location of two or more towers. The staff, Planning Commission, and City Council may use the following criteria for determining necessary conditions to ensure:

1. The proposed facility is compatible with the height and mass of existing buildings and utility structures.
2. That co-location of antennas or other structures is possible without significantly altering the existing facility.
3. That the facility blends with existing vegetation, topography and buildings including color and screening.
4. That location of a facility will not create a detrimental impact to adjoining property owners.
5. That sufficient guarantee for removal of a vacated facility are in place.

The chart below indicates where low power radio communication towers, facilities, and antennas may be located in Payson City and what type of approval is required.

The applicant for a tower facility shall submit a landscaping plan consistent with the requirements of this Title. Applicants are encouraged to provide attractive and appropriate landscaping that is consistent and compatible with surrounding uses. At a minimum, landscaping shall consist of complete erosion control and the elimination of noxious weeds. The applicant for a tower facility shall submit a color scheme for the proposed tower. The City may require the tower to be a specific color if it can be shown that a specific color will aide in an attempt to have the tower better blend into the background.

The purpose of this Chapter is to oversee the permitting of alternative electric generating facilities and to establish rules for determining the terms and conditions governing the interconnection of alternative electric generating facilities with a nameplate generating capacity of not more than 5 kilowatts to the electric system of Payson City.

ELECTRIC SYSTEM means all electrical wires, equipment, and other facilities owned or provided by the utility that are used to transmit electricity to customers.

ALTERNATIVE ELECTRIC GENERATING FACILITY means a source of electricity owned by the applicant or generator that is located on the applicant’s side of the point of common coupling, and all facilities ancillary and appurtenant thereto, including interconnection facilities, which the applicant requests to interconnect to the utility’s electric system.

GENERATOR means the entity that owns and/or operates the alternative electrical generating facility interconnected to the utility’s electric system.

INTERCONNECTION means the physical connection of an alternative electric generating facility to the electric system so that parallel operation may occur.

INTERCONNECTION AGREEMENT means the standardized terms and conditions that govern the interconnection of generating facilities pursuant to these rules. The model interconnection agreement may be modified to accommodate terms and conditions specific to individual interconnections, subject to the conditions set forth in this Chapter.

INTERCONNECTION FACILITIES means the electrical wires, switches and other equipment used to interconnect a generating facility to the electric system.

NET METERING means measuring the difference between the electricity supplied by the utility and the electricity generated by an alternative electric generating facility that is fed back to the utility over the applicable billing period.

PARALLEL OPERATION or OPERATING IN PARALLEL means the synchronous operation of a generating facility while interconnected with the utility’s electric system.

UTILITY means Payson City that owns and operates the electrical distribution system, or the electrical distribution system itself, onto which the applicant seeks to interconnect a generating facility.

1. Pole mounted towers are permitted in all zones upon issuance of a building permit and compliance with all applicable regulations. No more than one (1) tower shall be permitted per parcel.
2. Roof mounted systems shall be permitted for solar power only. No wind energy systems shall be permitted on the roof of a structure.
3. Commercial wind power generating facilities (wind farms) shall not be permitted. Commercial solar power generating facilities may be permitted as approved by the City Council.

A permit must be obtained prior to the installation of an alternative electric generating facility. The application must be accompanied by stamped plans from a structural engineer licensed in the State of Utah.

1. The following minimum setback requirements shall apply to all alternative electric generating facilities. Each setback is measured from the property line of the lot or parcel, unless otherwise noted herein.
   1. Alternative electric generating facilities shall be set back a distance equal to one hundred ten (110) percent of the tower height, including blade length, from any neighboring habitable structures, overhead utility lines, and public roads or public right-of-ways. The setback shall accommodate the potential buildable area of an adjoining parcel.
   2. The alternative electric generating facility shall not be located in the area between the front of a structure and the front property line.
   3. At least five (5) feet shall be maintained between the tower and any structure on the subject parcel.
2. Facilities associated with alternative electric generating facilities shall not be located within an easement or right-of-way.
3. Alternative electric generating facility towers shall be non-reflective and maintain a galvanized steel finish or painted to conform the tower to the surrounding environment.
4. Towers shall not have any sign, writing, or picture that may be construed as advertising or be used for any purpose other than support of the associated equipment.
5. All access doors, climbing apparatuses, or access ways to towers and electrical equipment shall remain locked and inaccessible by the public.
6. Alternative electric generating facilities shall not exceed sixty (60) decibels, as measured at the closest property line.
7. Each facility is required to contain an electronic data collection system that records information such as daily data acquisition, wind conditions, and power generation of the alternative electric generating facilities.
8. The permit holder must adhere to the requirements of any agency having legal authority to regulate electric generating facilities, including, but not limited to, the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC).

1. The height of the tower shall not exceed fifty-five (55) feet, including the turbine and rotor blades for small wind systems.
2. The minimum distance between the ground and any part of the rotor blade system shall be twenty (20) feet.

1. General Interconnection Requirements.
   1. The generator shall comply with the requirements of paragraphs A,1,a through A,1,c. However, at its sole discretion, the utility may approve alternatives that satisfy the intent of, and/or may excuse compliance with, any specific elements of these requirements.
      1. Code and Standards. Applicant shall conform to all applicable codes and standards for safe and reliable operation. Among these are the National Electric Code (NEC), National Electric Safety Code (NESC), the Institute of Electrical and Electronic Engineers (IEEE), American National Standard Institute (ANSI), and Underwriters Laboratories (UL) standards, and local, state and federal building codes. The generator shall be responsible to obtain all applicable permit(s) for the equipment installations on its property.
      2. Safety. All safety and operating procedures for joint use equipment shall comply with the Occupational Safety and Health Administration (OSHA) Standard 29, CFR 1910.269, the NEC, Utah Administrative Code (UAC) rules, the Utah Industrial Safety and Health Administration (UISHA) Standard, and equipment manufacturer’s safety and operating manuals.
      3. Power Quality. Installations will comply with all applicable standards including IEEE Standard 519-1992 Harmonic Limits.
2. Specific Interconnection Requirements.
   1. Applicant shall furnish and install on applicant’s side of the meter, a UL- approved safety disconnect switch that shall be capable of fully disconnecting the applicant’s generating facility from the utility’s electric system. The disconnect switch shall be located adjacent to utility meters and shall be of the visible break type in a metal enclosure which can be secured by a padlock. The disconnect switch shall be accessible to utility personnel at all times.
   2. The requirement in paragraph B,1 may be waived by the utility if: (i) applicant provides interconnection equipment that applicant can demonstrate, to the satisfaction of the utility, performs physical disconnection of the generating equipment supply internally: and (ii) applicant agrees that its service may be disconnected entirely if generating equipment must be physically disconnected for any reason.
   3. The utility shall have the right to disconnect the generating facility at the disconnect switch under the following circumstances: when necessary to maintain safe electrical operating conditions; if the generating facility does not meet required standards; if the generating facility at any time adversely affects or endangers any person, the property of any person, the utility’s operation of its electric system or the quality of the utility’s service to other customers; or failure of the owner of record, as filed with the utility, to notify the utility of a sale or transfer of the generator, interconnection facilities or the premises on which the generator is located.
   4. Nominal voltage and phase configuration of applicant’s generating facility must be compatible to the utility system at the point of common coupling.
   5. Applicant must provide evidence that its generation will never result in reverse current flow through the utility’s network protectors. All instances of interconnection to secondary spot distribution networks shall require review and written pre-approval by the utility. Interconnection to distribution secondary grid networks is not allowed. Closed transition transfer switches are not allowed in secondary network distribution systems.
3. Requirements applicable to all inverter-based interconnections. Any inverter-based generating facility desiring to interconnect with the utility’s electric system or modify an existing interconnection must meet the technical specifications, in their most current approved version, as set forth below.
   1. IEEE Standard 1547-2003, Standard for Interconnecting Distributed Resources with Electric Power Systems.
   2. UL Standard 1741, Inverters, Converters, and Controllers for use in Independent Power systems, Equipment must be UL listed.
   3. IEEE Standard 929-2000, IEEE Recommended Practice for Utility Interface of Photovoltaic (PV) Systems.
4. Requirements applicable to all non-inverter-based interconnections. Non-inverter based interconnection requests may require more detailed review, testing, and approval by the utility, at applicant cost, of the equipment proposed to be installed to ensure compliance with applicable technical specifications, in their most current approved version, including:
   1. IEEE Standard 1547-2003, Standard for Interconnecting Distributed Resources with Electric Power Systems.
   2. ANSI Standard C37.90, IEEE Standard for Relays and Relay Systems Associated with Electric Power Apparatus.
   3. Applicants proposing such interconnection may also be required to submit a power factor mitigation plan for utility review and approval.
5. The owner shall obtain a building permit and certification by a ¬professional engineer licensed in the State of Utah as to the safety of equipment and installation.
6. Sufficient safety measures to prevent the tower from becoming a climbing hazard shall be implemented.
7. Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three (3) feet of the meter panel.

1. When an applicant requests interconnection from the utility, the applicant shall be responsible for conforming to the rules and regulations that are in effect. The applicant seeking to interconnect an alternate electric generating facility under these rules must fill out and submit a signed application form. Information must be accurate, complete and approved by the utility prior to installing the generating facility.
2. Application Fees. The utility requires a non-refundable interconnection application fee of $100.00, with a $5.00 monthly service fee. The applicant shall also pay for the cost of the net meter.
3. Application Evaluation. All generating interconnection requests pursuant to this Chapter will be reviewed by the utility for compliance with these rules. If the utility in its sole discretion find that the application does not comply with this Chapter, the utility may reject the application. If the utility rejects the application it shall provide the applicant with written notification stating its reasons for rejecting the application.

Towers connected to the Payson City power grid are limited to the generation of five (5) kilowatts (kW). Wind conversion systems shall not be connected to the power grid until authorization to install an interconnected customer-owned turbine has been granted by the Payson Power Department. All wind conversion systems connected to the utility grid shall satisfy all applicable codes and standards.

1. The customer shall pay for the net energy used in accordance with the following formula:
   1. The customer shall pay for all electric energy supplied by the city to the customer in any billing period in excess of the amount of electric energy produced by the customer on the premises that is fed back into the city’s electric distribution system during that same billing period.
   2. The customer shall receive a credit for all electrical energy produced by the customer on the premises which is fed back into the city’s electrical distribution system during a billing period in excess of the amount of electric energy supplied by the city during that billing period, with such credit applied to the customer’s future bills, except that any electric energy credit balance remaining in favor of the customer under the provisions of this paragraph at the time of their April billing each year shall be zeroed out with no further liability to the city and no credit to the customer for said balance.
   3. In the event the customer terminates service under this electric service schedule, any electric energy credit balance in favor of the customer under the provisions of this paragraph of this Section shall be forfeited. The city will not make cash payment to customers based on their participation in the Net Metering Program for energy produced by the customer that is fed into the city’s electric distribution system.
2. The price for electric energy provided to, or credited to, a customer participating in the Net Metering Program shall be the price charged by the city under the provisions of the electric service schedule for which the customer receives service absent this electric service Net Metering Program.
3. The Net Metering Program billing adjustment only applies to charges for energy. Participating customers are subject to all other charges, rates, terms and conditions of the electric service schedule under which the customer receives service except as expressly altered by this electric service Net Metering Program.
4. The customer will release to City all renewable energy credits (RECs), solar renewable-energy credits (S-RECs), or other renewable attributes as appropriate based on actual on-site electric generation from the Renewable Resource.

The customer shall be responsible for any damage caused by the customer-generating facility to the City’s distribution system and/or neighboring services. The customer shall be responsible for the installation and maintenance of applicable protection equipment, and for any damage caused by improper application, maintenance of faulty equipment. Payson City shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metering facility or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party.

If an alternative electric generating facility is not functional, operational, or maintained for a period of one (1) year, it shall be deemed abandoned. The owner, upon notification, shall immediately dismantle and remove the wind tower and associated appurtenances and restore the site.