(A) Wireless communications facilities shall be conditional in all zoning districts per § 152.028 of this code of ordinances.
(B) Grading shall be limits to only the area necessary for the wireless communications facilities and equipment compound, and access to the facility.
(C) Documentation, sealed by a registered professional engineer with wireless communications expertise, shall be provided indicating that the new facility, or the modification of an existing facility complies with the following. Such compliance shall be maintained throughout the life of the facility and include:
(1) That the American National Standards Institute (ANSI) requirements for the proposed improvements are met; and
(2) All applicable building, structural electrical, and safety codes and with all other laws codifying objective standards reasonably related to health and safety are met.
(D) Applicants must obtain all other permits, authorizations, approvals, agreements and declarations that may be required for installation, modification and/or operation of the proposed facility under federal, state, local law, rules or regulations, including, but not limited to, encroachment agreements and FCC approvals. An approval issued under this section is not in lieu of any other permit required under this chapter, Ch. 152 of this code of ordinances or town code, nor is it a franchise, license or other authorization to occupy the public right-of-way, or a license, lease or agreement authorizing occupancy of any other public private property. An approval issued in error, based on incomplete or false information submitted by an applicant or that conflicts with the provisions of this chapter or Ch. 152 of this code of ordinances. No person may maintain a wireless communications facility in place unless required state or federal authorization remain in force.
(E) (1) All wireless communications facilities and related equipment, including, but not limited to, fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the use. This shall include keeping the structures maintained to the visual standards established at the time of approval. The wireless communications facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 30 calendar days from the date of notification by the town. All the wireless communications facility equipment must be removed upon expiration/termination/revocation of the approval and/or when no longer in operation, whichever occurs first.
(2) In public rights-of-way, damaged or deteriorated components must be corrected within five business days of notification. If a wireless communications facility or portions of a wireless communications facility are taken out of service, the components must be removed within 30 business days of being taken out of service and affected facilities restored to their prior condition.
(F) The property owner(s) or applicant shall submit a certification letter from a state-certified land surveyor or licensed engineer which verifies that the structure’s height complies with the approved development plan.
(G) The applicant or owner shall maintain onsite at the wireless communications facility contact information for all parties responsible for maintenance of the facility.
(H) The owner of the free-standing wireless support structure shall maintain insurance for the structure in the amount of at least $1,000,000, and shall, as part of the original site plan application, site plan amendments and any subsequent modifications, provide documentation demonstrating compliance with this requirement.
(I) After written notice to the applicant and/or owner, the town may require the relocation, at the applicant/owner’s expense and according to the then existing standards for wireless communications facilities, of any wireless communications facility located in the public right-of-way, as necessary for maintenance or reconfiguration of the right-of-way for other public projects, or take any other action or combination of actions necessary to protect the health, safety and welfare of the town.
(J) Collocation or modification of wireless communications facilities on an existing non-conforming wireless support structure or base station shall not be construed as an expansion, enlargement or increase in intensity of a non-conforming structure and/or use; provided that, the collocation or modification constitutes an eligible facilities request.
(K) Wireless communications facilities placed in the public right-of-way must comply with all applicable provisions of the town’s code of ordinances relating to encroachments.
(L) No portion of a wireless communications facility may be placed in the public right-of-way in a manner that:
(1) Obstructs pedestrians or vehicular or bicycle access, obstructs sight lines or visibility for traffic, traffic signage or signals, or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference; and/or
(2) Results in ground-mounted above-ground equipment cabinets in the public right-of-way associated with the support structure that are 10% larger in height of overall volume than other equipment cabinets not in the same area; and/or
(3) Involves placement of pole-mounted equipment whose lowest point is lower than eight feet above ground level.
(4) Nothing contained in this section shall be construed as affecting the underlying property rights between the respective parties regarding ownership and use of property, and nothing set forth herein shall be construed as creating any additional property rights in the holder of a public right-of-way against the underlying property owner.
(M) The applicant shall be required to provide documentation certifying compliance with all applicable federal and state regulations.
(N) The applicant shall present to the Zoning Administrator proof of either fee simple ownership, an option to purchase or lease, a recorded leasehold with interest or an easement from the recorded owner of all property involved and any necessary rights-of-way to the wireless facility site.
(O) Signage shall be limited to a sign identifying the owner(s) and operators) of the tower, an emergency telephone number and any other signage as required by any government agency shall be placed in a clearly visible location on the premises of the tower.
(P) Any wireless communications facility shall be removed within 180 days of the date on which it ceases to be operable or in active use. The owner of the facility shall remove the facility within 90 days of receipt of a notice of abandonment from the Zoning Administrator. After such time has elapsed, if the facility has not been removed, enforcement action shall commence.
(Ord. passed 8-12-2019)