The intent of this article is to provide the Town of Pinedale with access to fast reliable wireless communications and technologies while minimizing the number of macro cell towers in and around town. The Town may provide land for the construction and operations of wireless communication towers in acceptable locations. Locations will provide adequate coverage for the Town and the surrounding communities. Providers will be strongly encouraged to co-locate on macro cell towers built at the provided areas.

It is further the intent of this article to protect the community's visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the Town's goal to minimize the visual impact of wireless communication facilities on the community, particularly in and near residential districts, downtown and in and along highly visible corridors and entrances to the community.

This article regulates macro cell towers, antennas and poles, along with small wireless facilities as herein defined, to: 1) protect residential areas and land uses from potential adverse economic impacts of macro cell towers, antennas or poles; 2) encourage the location of towers, antennas and poles in nonresidential areas; 3) encourage the joint use of new and existing macro cell tower sites as a primary option rather than construction of additional single-use towers; 4) encourage users of towers, antennas or poles to locate them in areas where the adverse effects on the community are minimal; and 5) provide adequate area surrounding towers to minimize damage to people and property if a failure occurs. This article is enacted to promote and protect the health, safety, and general welfare of the citizens of the Town of Pinedale.

This article provides regulations which are specifically not intended to, and shall not be interpreted or applied to: 1) prohibit or effectively prohibit the provision of wireless services; 2) discriminate among functionally equivalent service providers; or 3) regulate wireless communication facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission.

Towers, antennas, poles and related equipment (including small wireless facilities) shall be permissible subject to the provisions of this article.

Macro cell towers, antennas or poles, freestanding or building-mounted, shall not exceed the maximum height requirements permitted in the underlying zone district without receiving a conditional use permit and building permit from the Town. If the tower or pole is to exceed the zoning height limit, the applicant shall follow the conditional use application process as described in § 160-22 and include all information required in this article with the application. If the proposed structure, facilities or equipment exceed the maximum height requirements permitted in the underlying zone district, then a variance is also required.

Except as set forth below, all towers, antennas, poles and related equipment (including small wireless facilities) shall require a building permit.

Commercial macro cell towers shall not be constructed in residential zone districts.

The following uses shall be specifically permitted as accessory uses by right and shall not require a building permit:

State and federal requirements. All towers, antennas and poles shall meet the standards and requirements of the FAA, FCC, and any other agency of the local, state or federal government with jurisdiction to regulate towers, antennas or poles.

Building codes - safety standards. To ensure the structural integrity of towers, the owner of a tower shall be responsible for constructing and maintaining it in compliance with applicable federal, state and local building code standards and applicable industry standards for towers.

Prohibited. New guyed or lattice towers are prohibited within Town limits.

Agreements. Owners and operators of towers, antennas and poles shall certify to the Town's satisfaction that all agreements required for the construction or operation of such towers, antennas or poles have been filed or recorded, as applicable.

Bonding. Applicants may be required to provide a bond to ensure removal of any new tower from public property in a form and amount acceptable to the Town. If required, the bond shall be provided to the Town prior to the commencement of construction of any approved new tower on public property. The amount of the bond shall equate to the cost for removal of the tower if it is abandoned by the tower owner.

Permit required.

Ordinary maintenance and repair. A permit shall not be required for ordinary maintenance and repair. The provider or other person performing the ordinary maintenance and repair shall obtain any other permits required by applicable laws and shall notify the Town in writing at least 48 hours before performing the ordinary maintenance and repair.

Application fees. All applications pursuant to this article shall be accompanied by the requisite fees required by the Town.

Effect of permit. A permit from the Town authorizes an applicant to undertake only the activities specified in the application and permit, and in accordance with this article. A permit does not authorize attachment to or use of existing poles or other structures in or outside of the right-of-way. A permittee or provider must obtain all necessary written approval from the owner of any pole or other support structure prior to any attachment or use and such written approval shall be submitted with the permit request. A permit does not create a property right for the applicant.

Site development for small wireless facilities. All small wireless facilities shall be subject to standards, building permits and site plan applications. An application shall contain the following information:

Visual impact. All small wireless facilities shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the small wireless facilities.

Design standards. Subject to the height limitation of the underlying zoning district, all poles built for the sole or primary purpose of supporting small wireless facilities may be approved through administrative review subject to the wireless provider complying with reasonable and feasible considerations for the:

Use of stealth design. The applicant shall use stealth design to the maximum extent feasible unless otherwise approved by the Town. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features.

Pole-mounted equipment. All pole-mounted transmission or receiving equipment shall be mounted as close as possible to the pole so as to reduce the overall visual profile to the maximum extent feasible subject to applicable safety codes.

License or agreement. For small wireless facilities to be located within the right-of-way, prior to submitting for a permit, the applicant must, if required by the Town, have a valid municipal agreement, license, franchise agreement, right-of-way use agreement or exemption otherwise granted by applicable law.

Notification. Prior to the installation or construction of small wireless facilities within the right-of-way or a utility easement, the applicant or provider must notify all utilities located within such right-of-way or easement regarding the use of the right-of-way or easement. Before beginning any excavation in or outside of the right-of-way, the permittee shall comply with the One Call of Wyoming requirements.

Site design flexibility. Individual sites vary in the location of adjacent buildings, existing trees, topography and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the wireless facilities and supporting equipment may be installed so as to best camouflage, disguise or conceal them.

As-builts and maps. The provider shall furnish to the Town paper and electronic maps showing the location of its facilities and equipment in the right-of-way and as-builts after construction is completed.

General safety and compliance with laws. The permittee shall employ due care during the installation, maintenance or other work in the right-of-way, and shall comply with all safety and construction requirements of applicable laws, Town guidelines, standards and practices and any additional commonly accepted safety standards.

Physical interference. The permittee shall not physically interfere with any existing facilities or structures in the right-of-way, and shall locate its lines and equipment in such a manner as not to physically interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abut any right-of-way.

Compliance with permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications. The Town and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. All equipment that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this article, shall be removed at the sole expense of the permittee. The Town may stop work in order to assure compliance with the provisions of this article.

Radio frequency emissions. A written report will be prepared and signed by a professional engineer or qualified employee of the provider which assesses whether the proposed macro cell tower, antennas and small wireless facilities demonstrate compliance with the radio frequency emissions limits established by the FCC.

Materials. Towers, antennas and poles, to the extent possible, shall be constructed using materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings. Buildings associated with a tower shall be designed to blend in with the surrounding area. Landscaping may be required by the Town to help improve the visual integrity of the site.

Commercial macro cell tower structural requirements.

Setbacks and separation.

Buildings and other equipment.

Co-locations.

Lighting. Towers shall not be artificially lighted unless required by the FAA, FCC or other authority having jurisdiction. Lighting shall not negatively impact neighbors or public safety.

Signs. No commercial messages or any other signs beyond safety warnings and an identification sign of not greater than two square feet shall be placed on any tower or facility. If the FCC or any other organization having jurisdiction requires more signage, permission will not be unreasonably withheld.