(A) Applicability. This section applies to small wireless facilities in the right-of-way and requirements for wireless providers to construct, maintain, locate and collocate small wireless facilities in the right-of-way.
(B) Permitted use.
(1) Small wireless facilities are permitted uses in the right-of-way and are not subject to zoning review and approval if the utility pole does not exceed the greater of either:
(a) Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on August 9, 2017, that is located within five hundred feet of the new, replacement or modified utility pole and that is in the same right-of-way within the jurisdictional boundary of the town, but not more than 50 feet above ground level.
(b) Forty (40) feet above ground level.
(2) The existing utility pole referred to in Paragraph a above as the basis for utility pole height must be in the same right-of-way and be located within the jurisdictional boundaries of town.
(3) Unless authorized or required by applicable codes, applicable law or the design standards, the town shall not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.
(4) Unless authorized or required by applicable codes, applicable law or the design standards, the town shall not limit the placement of small wireless facilities by minimum separation distances.
(C) Application.
(1) Applications shall be submitted in compliance with the standard terms and conditions.
(2) Consolidated applications for the collocation of up to 25 small wireless facilities may be submitted by an applicant only if all small wireless facilities included are substantially the same type and involve substantially the same type of structure. Small wireless facilities collocations may be removed from the application and considered separately if incomplete information was provided, the small wireless facilities does not qualify for consolidated treatment or the small wireless facilities is subject to a denial.
(3) Within ten days after receiving an application, the Building Department shall determine and notify the applicant whether the application is complete or the application will be deemed complete. Small wireless facilities collocations may be removed from the application and considered separately if incomplete information was provided, the small wireless facilities does not qualify for consolidated treatment or the small wireless facilities is denied. If an application is incomplete, the town shall describe the information that is missing. If the Building Department fails to approve or deny the application within the applicable shot clock, the application will be deemed approved. If the application is denied, the denial shall describe the specific code provisions, regulation or requirements on which the denial was based and provide that with the notice of denial. The town shall approve or deny the revised application within applicable shot clock.
(4) Applications shall be approved unless they do not meet the requirements of this chapter, applicable codes, town codes and regulations concerning public safety, the standard terms and conditions or the design standards.
(5) No application shall be required for routine maintenance or the replacement of small wireless facilities with small wireless facilities that ae substantially similar or the same size or smaller.
(D) Delegation of Authority.
(1) The Town Manager is authorized to approve applications for small wireless facilities that comply with the design standards, applicable codes and other provisions of this chapter.
(2) All other applications for small wireless facilities require the approval of the council.
(E) Other requirements.
(1) No work shall be commenced until a master license and permit have been approved pursuant to the standard terms and conditions.
(2) The placement of small wireless facilities shall not interfere with the town's public safety communications.
(Ord. 01-2018, passed 2-8-2018; Am. Ord. 06-2019, passed 1-9-2020)