(A) New utility associated with small wireless facilities. In the event a new pole is proposed, the following provisions shall apply.
(1) Unless a new pole replaces an existing pole in substantially the same location, to the extent practicable, poles shall be installed at least 300 feet from any existing or proposed pole. Any wireless service providers desiring to install poles less than 300 feet apart or desiring to install a new pole within 300 feet of an existing pole shall demonstrate why such placement is necessary.
(2) Poles shall be designed pursuant to the town’s standards or the applicable utility’s standard and function as street light poles, utility poles or traffic signal poles in consultation with the town or the applicable utility, and shall be incorporated into the applicable utility or signaling system.
(B) Standard conditions.
(1) Applicants must obtain all other required permits, authorizations, approvals, agreements and declarations that may be required for installation, modification and/or operation of a proposed facility under federal, state, or local law, rules, 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 Ch. 152 of this code of ordinances or town code, not 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 or private property. It does not create a vested right in occupying any particular location, and an applicant may be required to move and remove facilities at its expense consistent with other provisions of applicable law. An approval issued in error, based on incomplete or false information submitted by an applicant or that conflicts with the provisions of Ch. 152 of this code of ordinances is not valid. No person(s) may maintain a small wireless facility in place unless required state or federal authorization.
(2) All small wireless 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 small wireless 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. In public rights-of-way, damaged or deteriorated components must be corrected within five business days of notification.
(3) The property owner(s) or applicant shall submit a certification letter from a state-certified land surveyor or licensed engineer which verifies that structure height complies with the approved development plan.
(4) The applicant or owner(s) shall maintain onsite at the facility contact information for all parties responsible for maintenance of the facility.
(5) Small wireless facilities, whether operating alone or in conjunction with other facilities, shall not generate radio frequency emissions in excess of the standards established by the FCC.
(6) After written notice to the applicant and/or owner(s), the town may require the relocation, at the applicant/owner(s) expense, of any small wireless facility, and the associated utility pole, connected to a town utility pole, or wireless support structure on which it is collocated, located in the public right-of-way, as necessary for maintenance or reconfiguration of the right-of-way or for other public projects, or take any other action or combination of actions necessary to protect the health and welfare of the town.
(7) Collocation or modification of small wireless 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.
(Ord. passed 8-12-2019)