(A) Title. These regulations shall officially be known, cited and referred to as the “Wireless Telecommunication Facility Regulations of Putnam County” (hereinafter “these regulations”).
(B) Purposes. In order to protect the public health, safety and general welfare of the community, while accommodating the communication needs of residents and business these regulations are necessary in order to:
(1) Facilitate the provision of wireless telecommunication services to the residents and business of the county;
(2) Minimize adverse visual effects of towers through careful design and siting standards;
(3) Encourage the location of towers in nonresidential areas through performance standards and incentives;
(4) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(5) Provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.
(C) Authority. The County Planning Department is vested with the authority to review, approve, conditionally approve and disapprove applications for wireless communication facilities, including sketch, preliminary and final plans.
(D) Jurisdiction.
(1) These regulations apply to all wireless communication facilities, as defined in § 155.126, located within the jurisdiction of the County Planning Department as provided by law.
(2) No wireless communications facility may be constructed within the jurisdiction without an approved and signed permit from the Planning Department after approval by the Board of Zoning Appeals.
(E) Enactment. In order that wireless communications facilities may be constructed in accordance to these purposes and policies, these regulations shall be in full force and in effect in the manner provided by law. All applications for wireless communication facility sitings pending on the effective date of these regulations shall be reviewed under these regulations.
(F) Interpretation, conflict and separability.
(1) Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
(2) Conflict. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from any other ordinance, rule or regulation, statute or other provision of law, the provision, which is more restrictive or imposes higher standards shall control.
(3) Separability. If any part or provision of these regulations or the application of these regulations to any service provider or circumstances is adjudged invalid by any court of competent jurisdiction, the judgement shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgement shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other service providers or circumstances. The County Board of Zoning Appeals hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application, which is judged to be invalid.
(G) Amendments.
(1) For the purpose of protecting the public health, safety and general welfare, the County Planning Department may from time to time propose amendments to these regulations which shall be approved or disapproved by the County Board of Commissioners at a public meeting following public notice.
(2) Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.
(H) Public purpose. Regulations of the siting of wireless communication facilities is an exercise of valid police power delegated by the state and as stipulated in the Federal Telecommunications Act of 1996, being 47 U.S.C. Ch. 5, Subchs. I, II, and VI. The developer has the duty of compliance with reasonable conditions laid down by the County Board of Zoning Appeals.
(I) Enforcement and violations.
(1) The enforcement of these regulations shall be the responsibility of the Planning Department.
(2) The Board of Zoning Appeals reserves the right to hire a private technical consultant to review individual applications for wireless facilities at the cost of the applicant.
(Ord. 2001-12-17, passed 12-17-2001) Penalty, see § 155.999