(A) The purpose of this wireless telecommunications chapter is to ensure that residents, public safety operations and businesses in the town have reliable access to wireless telecommunications networks and state of the art communications services while also ensuring that this objective is achieved in a fashion that preserves the intrinsic aesthetic character of the community and is accomplished according to the town's zoning, planning, and design standards. The Telecommunications Act of 1996 preserved, with certain limitations, local government land use and zoning authority concerning the placement, construction and modification of wireless telecommunications facilities.
(B) To accomplish the above stated objectives and to ensure that the placement, construction or modification of wireless telecommunications facilities complies with all applicable federal laws and is consistent with the town's land use policies, the town adopts this single, comprehensive, wireless telecommunications chapter. No provisions of this chapter shall apply to the siting of distributed antenna systems (DAS) or wireless facilities located within and intended to provide wireless coverage within a structure.
(C) This chapter establishes parameters for the siting of wireless telecommunications facilities. By enacting this chapter, it is the town's intent to:
(1) Ensure the town has sufficient wireless infrastructure to support its public safety communications throughout the town;
(2) Ensure access to reliable wireless communications services throughout all areas of the town's jurisdiction;
(3) Encourage the use of existing structures for the collocation of telecommunications facilities. A core policy goal of this chapter is to encourage co-location of wireless facilities on existing structures.
(4) Encourage the location of support structures, to the extent possible, in areas where any potential adverse impacts on the community will be minimized;
(5) Facilitate the responsible deployment of telecommunications facilities in residential areas to ensure comprehensive wireless services across town;
(6) Minimize the potential adverse effects associated with the construction of monopoles, towers and telecommunications facilities through the implementation of reasonable design, landscaping, and construction practices;
(7) Ensure public health, safety, welfare, and convenience;
(8) To amend the town zoning ordinance in light of federal legislative changes to zoning authority under the 1996 Telecommunications Act.
(Ord. 2020-02, passed 6-2-2020)