161.01 Purpose and General Policy | 161.08 Application Process |
161.02 Definitions | 161.09 Noise and Emission Standards |
161.03 Local Regulation and Compliance with the Telecommunications Act of 1996 | 161.10 Placement of Facilities and Related Lease Fees |
161.04 Lease Required | 161.11 Abandonment |
161.05 Fee Required | 161.12 Termination |
161.06 Limit on Term | 161.13 Home Rule |
161.07 Priorities and Placement Requirements | 161.14 New Technologies |
The Council finds that in order to ensure public safety and provide efficient delivery of services by the City and others wishing to utilize wireless communication technologies, in order to protect public and private investments, ensure the health, safety and welfare of the population, to provide for the regulation and administration of the orderly location of antenna arrays and towers and to secure the rights of the City to a return on its investment on public property, it is necessary for the City to establish uniform rules and policies. This chapter is to be interpreted in light of these findings for the benefit of the citizens of the City.
For use in this chapter the following terms are defined:
1. “Antenna” means a device, dish or array used to transmit or receive telecommunications signals.
2. “Communications tower” means a tower, pole, or similar structure which supports a telecommunications antenna operated for commercial purposes above ground in a fixed location, free standing, guyed or on a building.
3. “Height” of a communications tower is the distance from the base of the tower to the top of the structure.
4. “Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
The Telecommunications Act of 1996 prohibits the City from establishing policies that discriminate against one or a group of providers in favor of another or another group of providers or potential providers. The following objectives shall be applied consistently to all telecommunications providers that request a location on City property for their communications towers and antennas.
1. To minimize the overall number of towers located in the City, providers may be required to participate in collocation agreements.
2. To ensure that new towers will be safe and blend into their environment, providers will propose designs consistent with site characteristics.
3. To minimize placement of wireless equipment in highly populated areas, residential locations will be considered as a last resort.
4. To assure revenues from site leases of City-owned and City-controlled land and structures reflects fair compensation for use of City property and administration of this chapter.
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