(A) Small cell facilities shall be considered a permitted use in all zone districts. A permit shall be required for all small cell facilities, and each small cell facility is subject to review for compliance with this chapter; provided that a consolidated application for a single permit may be filed for a small cell network involving multiple individual small cell facilities.
(B) If a small cell facility (or each small cell facility in a small cell network) complies with the following criteria, the town shall issue a permit:
(1) All equipment related to the small cell facility is as architecturally compatible with the surrounding area as feasible;
(2) All electrical, communication and other wiring including radios, antennas and backhaul connections, shall be fully concealed, internal to the structure, where possible and shrouded in all other instances;
(3) The facility shall be sited in a manner that takes into consideration its proximity to residential structures and residential district boundaries, uses on adjacent and nearby properties, and the compatibility of the facility to these uses, including without limitation the proximity of the facility to first and second story windows;
(4) The facility and any associated equipment shall be designed and located outside of intersection sight distances and in accordance with the town’s applicable roadway design criteria; and
(5) The facility and any associated equipment shall be designed to be compatible with the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(C) A telecommunications provider or broadband provider may locate or collocate small cell facilities or small cell networks on light poles, light standards, traffic signals or utility poles owned by the town in public rights-of-way, subject to the following.
(1) A small cell facility or a small cell network shall not be located or mounted on an apparatus, pole or signal with tolling collection or enforcement equipment attached.
(2) A license agreement with the town shall be required to address the attachment of small cell facilities to any town-owned poles or structures in the right-of-way. The town shall not request or receive from a telecommunications provider, in exchange for or as a condition upon a grant of permission to attach a small cell facility, any in-kind payment or payment in excess of the amount that would be authorized if the town were regulated pursuant to 47 U.S.C. § 224. The license agreement may include design standards for the small cell facilities.
(3) If upon inspection, the town concludes that a WSF fails to comply with applicable law and constitutes a danger to persons or property, upon 30 days’ prior written notice to the owner or operator, the owner or operator shall bring the WSF into compliance. Upon good cause shown, the town may extend such compliance period for not more than 90 days from the date of said notice. If the owner or operator fails to bring the WSF into compliance, the town may remove the WSF at the expense of the owner or operator.
(Ord. 8(2018) § 1)