The Telecommunications Act of 1996, being Pub. Law 104-104, Sec. 1(a), 110 Stat. 56, affirmed the town’s authority concerning the placement, construction, and modification of wireless telecommunications facilities. The town also has authority pursuant to W. Va. Code §§ 8-12-5 and 8-12-13 through 8-12-15, and other sections therein, to regulate the erection and maintenance of any structure within the municipality, or affecting the municipality, and to otherwise regulate utilities generally therein. The town finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character, and environment of the town and its inhabitants. The town also recognizes that facilitating the development of wireless service technology can be an economic development asset to the town and of significant benefit to the town and its residents. In order to ensure that the placement, construction, maintenance, or modification of wireless telecommunications facilities is consistent with the town’s policies, the town is adopting a single, comprehensive, wireless telecommunications facilities application and permit process. The intent of this chapter is to minimize the negative impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety, and welfare of the town.
(Ord. 05-001, passed 3-14-2005)