§ 157.12  TYPE AND HEIGHT OF WIRELESS TELECOMMUNICATIONS FACILITIES.
   (A)   All new towers shall be of the monopole type, unless such is able to be proven to be technologically impracticable. No new towers of a lattice or guyed type shall be permitted, unless relief is otherwise expressly granted.
   (B)   The applicant shall submit documentation justifying the total height of any wireless telecommunications facility or antenna requested and the basis therefore. Documentation in the form of propagation studies must include all backup data used to produce the studies at the requested height and a minimum of ten feet lower height to enable verification of the need for the requested height.
   (C)   For a new wireless telecommunications facility, a reduction in the identified size of the identified service area of 10% or less of the predicted service area shall not be deemed justification for exceeding the otherwise maximum allowable height of a wireless telecommunications facility.
   (D)   The maximum permitted total height of a new wireless telecommunications facility shall be 120 feet above pre-construction ground level, unless it can be proven that such height would prohibit or have the effect of prohibiting the provision of service in the intended service area within the community. The maximum permitted height is not an as-of-right height, but rather the maximum permitted height, absent proof of the technological need for a greater height.
   (E)   For a wireless facility to be located on an existing wireless telecommunications facility, such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the town, to the extent practicable, unless good cause is shown. A reduction in the size of the identified service area of 10% or less of the predicted service area shall not be deemed justification for increasing the height of a facility.
   (F)   Notwithstanding division (D) of this section, wireless telecommunications facilities shall be no taller than the minimum height technologically necessary to enable the provision of wireless service coverage or capacity as needed within the community (such as, the town, audits jurisdiction).
   (G)   Documentation substantiating the height necessary to provide for the placement of an antennal array to provide wireless service to the community shall be submitted by the applicant prior to issuance of a building permit for a new wireless telecommunications facility, such as, tower, but shall not be required prior to the issuance of the special use permit, unless the requested height exceeds the 120-foot maximum height. Such documentation shall be provided with an application for the first attachment of an antenna array and for any proposed increase in the previously permitted height.
   (H)   Relief from the maximum height for new wireless telecommunications facilities shall only be considered where evidence substantiates a taller height is necessary for the provision of wireless service to the community, to the exclusion of any alternative option that is not technologically or commercially impracticable, and where denial of a taller height would have the effect of prohibiting the provision, of wireless service to the community. Such documentation shall be provided prior to consideration of a special use permit when the requested height exceeds the 120-foot maximum height.
   (I)   Prior to issuing a building permit for the co-location of an antenna array on an existing wireless telecommunications facility, an applicant shall demonstrate that the co-location is located appropriately on the wireless telecommunications facility with the overall goal being to preserve the carrying capacity of the wireless telecommunications facility for future co-locations and to minimize the visual intrusiveness and impact, including the profile of the wireless telecommunications facility.
   (J)   In determining the necessary height for a wireless telecommunications facility, or the height or placement of a co-location on a wireless telecommunications facility, the signal strengths analyzed shall be the threshold or lowest signal strength at which the customer equipment is designed to function, which may be required to be determined by the manufacturer’s published specifications for the customer equipment.
   (K)   As the town has made the policy decision that more towers of a shorter height is in the public interest, as opposed to fewer taller towers, spacing, or the distance between towers, shall be such that the service may be provided without exceeding the maximum permitted height.
(Ord. O-2007-30IN, passed 12-4-2007)