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(A) The purposes of this subchapter are to:
(1) Minimize the impacts of small wireless facilities and broadband service towers on surrounding areas by establishing standards for location, structural integrity, and compatibility;
(2) Encourage the location of small wireless facilities and broadband service towers on existing structures, thereby minimizing new visual, aesthetic, and public safety impacts, and to reduce the need for additional antenna-supporting structures;
(3) Encourage coordination between suppliers of small wireless facilities and broadband service towers in the town and its extraterritorial jurisdiction;
(4) Accommodate the growing demand for wireless and broadband internet services and the resulting need for small wireless facilities and broadband service towers;
(5) Regulate in accordance with all applicable federal and state laws;
(6) Establish review procedures that ensure that applications for small wireless facilities and broadband service towers are reviewed and acted upon with a reasonable period of time or any specific period of time required by law;
(7) Protect the unique aesthetics of the town while allowing its citizens and businesses to access the benefits of wireless communications and broadband internet services; and
(8) Encourage the use of existing buildings and structures as locations for small wireless facilities infrastructure and broadband service towers as a method to minimize the aesthetic impact of related infrastructure.
(B) It is not the purpose or intent of this subchapter to prohibit or have the effect of prohibiting wireless communications or broadband internet services; unreasonably discriminating among providers of functionally equivalent wireless communications services; regulate the placement, construction, or modification of wireless communications or broadband internet facilities on the basis of environmental effects of radio frequency emissions where it is demonstrated that the small wireless facility or broadband service tower does or will comply with applicable FCC regulations; or to prohibit or effectively prohibit collocations or modifications that the town must approve under state or federal law. The provisions of this subchapter are in addition to, and do not replace, any obligations an applicant may have under any franchises, licenses, encroachments, or other permits issued by the town.
(Ord. 2018-002, passed 4-2-18; Am. Ord. 2021-008, passed 3-7-22)
(A) In order the protect the aesthetics of the town, to minimize new visual and public safety impacts, and to reduce the need for additional antenna-supporting structures, the town prefers that small wireless facilities be located outside the public right-of-way, collocated on existing utility poles or wireless support structures, concealed, and have accessory equipment mounted on the utility pole or wireless support structure. These preferences are intended as guidance for development of an application for small wireless facilities.
(B) Wireless broadband service towers shall be permitted in the following zoning districts: C-2 Secondary Commercial, C-3 Highway Commercial, and I-1 Industrial. In addition to any other applicable requirements of the zoning classification in which the wireless broadband service tower will be located, the following requirements shall apply:
(1) Public safety. In order to protect public safety:
(a) Wireless broadband service towers shall not cause signal or frequency interference with public safety facilities or traffic control devices and shall not physically interfere with other attachments that may be located on the existing pole or structure.
(b) A structural engineering report prepared by an engineer licensed by the state, certifying that the host structure is structurally and mechanically capable of supporting the proposed wireless broadband service towers, shall be supplied by the applicant.
(c) No portion of a wireless broadband service tower or associated equipment may be placed in the public right-of-way.
(d) An abandoned wireless broadband service tower shall be removed within 180 days of abandonment.
(2) Objective design standards.
(a) No advertising signs or logos are permitted on wireless broadband service towers or facilities.
(b) Wireless broadband service towers shall be blended with the natural surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area, except when otherwise required by applicable federal or state regulations. Wireless broadband service towers shall be located, designed, and/or screened to blend in with the existing natural or built surroundings to deduce the visual impacts as much as possible, and to be compatible with neighboring land uses and the character of the community.
(3) Stealth and concealment. To the extent technically feasible, all wireless broadband service towers shall be stealth facilities. Antenna and accessory equipment must be shrouded or otherwise concealed. The Town Planner may relax this requirement if, in the Town Planner's discretion, stealth and concealment are not practicable.
(4) Screening, landscaping, and spacing requirements for ground equipment. Ground equipment shall be screened, to the extent possible, with evergreen plantings or other acceptable alternatives approved by the Land Use Administrator.
(5) Historic preservation. Wireless broadband service towers located in designated historic districts or on property designated as a landmark pursuant to applicable law shall be required to obtain a certificate of appropriateness, if such certificate is required by the UDO or other applicable regulation.
(6) Applicable codes. Wireless broadband service towers must meet all applicable codes.
(Ord. 2018-002, passed 4-2-18; Am. Ord. 2021-008, passed 3-7-22)
The standards established in this subchapter shall apply only to qualifying small wireless facilities, qualifying utility poles, and qualifying town utility poles, and to broadband service towers. Nothing in this chapter shall be interpreted to excuse compliance with, or to be in lieu of, any other requirement of state or local law, except as specifically provided herein. Without limitation, the provisions of this subchapter do not permit placement of small wireless facilities or broadband service towers on privately owned utility poles or wireless support structures, or on private property, without the consent of the property owner, including all owners of interests in such property.
(Ord. 2018-002, passed 4-2-18; Am. Ord. 2021-008, passed 3-7-22)
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