A. Purposes: The purpose of this section is:
1. To ensure that all telecommunications facilities comply with federal, state and county regulations.
2. To regulate telecommunications services, antennas and support structures, and related electronic equipment and equipment enclosures.
3. To provide for the orderly establishment of telecommunications facilities in the county.
4. To minimize the number of antenna support structures by encouraging the colocation of multiple antennas on a single structure, and by encouraging the location of antennas on preexisting support structures.
5. To establish siting, appearance and safety standards that will help mitigate potential impacts related to the construction, use and maintenance of telecommunications facilities.
6. To comply with the telecommunications act of 1996 by establishing regulations that:
a. Do not unreasonably discriminate among providers of functionally equivalent services.
b. Do not prohibit or have the effect of prohibiting the provision of telecommunications services.
c. Are not based on any claimed environmental effects of radio frequency emissions to the extent that such facilities comply with the federal communication commission's regulations concerning such emissions.
d. Ensure that all utility facilities/structures are located, installed, buffered/screened and maintained in a manner that will minimize the impact of such facilities/structures on nearby landowners and will not adversely affect the rural, agricultural, small town character and scenic beauty of Eastern Summit County.
B. General Provisions:
1. Independent Review: The county may, if it deems necessary, cause the applicant to submit an impact study from a qualified, third party radio frequency engineer, to ensure that the proposed telecommunications facility will not interfere with existing radio, television, and emergency signals. The purpose of this review shall be to determine if other sites are available which can achieve an equivalent signal distribution without significantly affecting the existing telecommunications operations within the County. Such review may be required when an applicant indicates that no other acceptable site exists. The cost for such review shall be borne by the applicant.
2. Permitted: Telecommunications facilities applications shall be permitted in accordance with section 11-3-16 of this title.
C. Construction Standards:
1. Building Codes And Safety Standards: To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with the standards contained in applicable Building Codes and application standards for such telecommunications facility, as amended.
2. Letter Of Intent: All applicants who apply to build a tower shall provide one letter of intent from a telecommunications company that will locate on the tower.
D. General Requirements:
1. Setbacks: A telecommunications facility shall be set back one hundred fifteen percent (115%) of the tower's height from the property line, or such facility shall meet the zone required setback, whichever is greater. The telecommunications facility shall be at least one hundred feet (100') from any public trail, park or outdoor recreation area. Guywire anchors shall be set back at least twenty feet (20') from any property line. The CDD or designated planning staff member can approve varied setbacks if the telecommunications facility can be screened more appropriately by topography, vegetation or existing structures; however, the adjacent landowner(s) must sign a written agreement authorizing the decreased setback(s) from their property line(s). If telecommunications facilities are located in commercial or industrial zones or on County owned property, they shall only be allowed in the rear yard.
2. Signage: Signs shall be limited to nonilluminated warning and equipment identification signs, unless additional signs are warranted by the FAA, FCC, or any other agency of the State or Federal government with the authority to regulate telecommunications facilities.
3. Access Roads: Access roads shall be limited to ten feet (10') in width, unless otherwise approved by the fire district or Summit County Engineering Office because of safety considerations. Access roads shall contain gravel or other nonpaved surface. Existing roads shall, whenever possible, be upgraded the minimum amount necessary.
4. Colocation: Colocation shall be allowed on all existing and new towers. Colocation shall not result in height increases beyond the fifty foot (50') height limit outlined in the use table.
5. Equipment Enclosures: Every effort shall be made so that equipment enclosures or other structures are designed whereby the incorporation of stealth design technology or other visual screening (topography or vegetation) is utilized that readily conceals the appearance of the structure.
6. Master Plan Requirements: A master plan shall be completed by each company submitting an application for a development review. The master plan shall include:
a. Where the applicant's proposed, existing and future telecommunications facilities are within the County. The master plan may be amended as needed by the carrier for future site applications.
b. The number of possible colocations that can be obtained on the proposed tower.
c. A copy of the applicant's current FCC license.
d. A signed agreement, stating that the applicant will:
(1) Allow colocation with other users, provided all safety, structural and technological requirements are met. This agreement shall also state that any future owners or operators will allow colocation on the tower;
(2) Restore site to its former condition. (See nonmaintained or abandoned facilities.)
e. A security program or system that addresses unauthorized access and vandalism.
7. Nonmaintained Or Abandoned Facilities: The director or designated planning staff member may require each nonmaintained or abandoned telecommunications facility to be removed when such a telecommunications facility has not been repaired or put into use by the owner, person having control, or person receiving benefit of such structure within six (6) months after written notice of nonmaintenance or abandonment is given to the owner, person having control, or person receiving the benefit of such structure. (Ord. 708, 12-10-2008; amd. Ord. 940, 8-3-2022)