(A) Compliance with law. All WSFs shall meet the current standards of the FCC and any other applicable law. By adopting this section, the town is not attempting to regulate radio frequency power densities or electromagnetic fields, which are controlled by the FCC.
(B) Verification. Upon a request by the town at any time, a WSF owner or operator shall verify that:
(1) The WSF complies with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and
(2) The WSF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields.
(C) Applications.
(1) An application to locate a new WSF not deemed to be an eligible facility request shall be approved or denied by the town within 90 days of the town’s receipt of a completed application. This time period may be tolled by mutual agreement. The time it takes for an applicant to respond to a first request for additional information will not count toward the 90-day period set forth herein if the town notifies the applicant of an incomplete application.
(2) An application for approval of a WSF shall include all information regularly required for other development applications, in addition to the following: a written, narrative statement describing in detail how the WSF will comply with the standards in this chapter; and if requested by the town for any WSF other than a small cell facility, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached.
(3) When an application for approval of any WSF is incomplete, the town shall provide written notice to the applicant within 30 days, specifically identifying all missing documents or information. If an application remains incomplete after a supplemental submission, the town shall notify the applicant within ten days. Second or subsequent notices of incompleteness may not require the production of documents or information that were not requested in the original notice of incompleteness.
(D) Denial. A final decision by the town to deny any application under this chapter shall be in writing and supported by substantial evidence contained in a written record.
(Ord. 8(2018) § 1)