Pursuant to the West Virginia Small Wireless Facilities Deployment Act, codified under West Virginia Code Section 31H-1-1 et seq. as amended, this Ordinance establishes nondiscriminatory policies and procedures for the deployment of small wireless facilities. This Ordinance allows for the efficient deployment of small wireless facilities while preserving the integrity, safe usage, and reasonable aesthetic qualities of the Town of Fayetteville’s rights-of-way and the Town of Fayetteville as a whole. The Town of Fayetteville seeks to establish uniform standards consistent with federal and state law to address the placement of small wireless facilities and associated poles to achieve the following:
(a) Prevent interference with the use of streets, sidewalks, alleys, parkways, and other public ways and places;
(b) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(c) Prevent interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;
(d) Protect against environmental damage, including damage to trees;
(e) Preserve the character of historic districts or areas; and
(f) Facilitate rapid deployment of small cell facilities to provide the benefits of wireless services to the Town of Fayetteville’s residents and visitors.
(Passed 7-7-22.)