(A) This section may not be construed to limit a municipality’s authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. Section 332(c)(7), the requirements for facility modifications under 47 U.S.C. Section 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. Section 300101 et seq.), and the regulations adopted to implement those laws.
(B) As a condition for approval of new small wireless facilities or new wireless support structure in the Old Village Historic District (OVHD) or the Commercial Design Review Overlay District (CDR-OD), the wireless services provider shall comply with the design and aesthetic standards of the OVHD or the CDR-OD to minimize the negative impact to the aesthetics in those districts.
(C) If design and concealment treatments are determined on review by the town or designated Board to be insufficient to mitigate harm to the OVHD or the CDR-OD, the application will be denied.
(D) Existing neighborhood and supplemental review districts. Nothing in this subchapter shall prohibit or otherwise limit the town from establishing subsequent supplemental review districts, provided however, that facilities and structures for which a permit was approved or deemed approved pursuant to this subchapter prior to the establishment of the supplemental review district remain subject to the provisions of this subchapter, including routine maintenance and replacement of those facilities and structures. If a wireless services provider or a wireless infrastructure provider replaces such facilities in a manner that does not comply with this subchapter, or if a wireless services provider or a wireless infrastructure provider relocates such facilities, such replacement or relocation is subject to the then-existing provisions and requirements of the supplemental review district.
(Ord. 19001, passed 2-12-19)