[Added 10-23-2017 by Ord. No. 633]
The intent of this article is to provide the Town of Pinedale with access to fast reliable wireless communications and technologies while minimizing the number of towers in and around Town. The Town may provide land for the construction and operations of wireless communication towers in acceptable locations. Locations will provide adequate coverage for the Town and the surrounding communities. Providers will be strongly encouraged to colocate on towers built at the provided areas.
This article regulates all towers, antennas and poles, as herein defined, to: 1) protect residential areas and land uses from potential adverse economic impacts of towers, antennas or poles; 2) encourage the location of towers, antennas and poles in nonresidential areas; 3) mandate the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; 4) encourage users of towers, antennas or poles to locate them in areas where the adverse effects on the community are minimal; and 5) provide adequate area surrounding towers to minimize damage to people and property if a failure occurs. This article is enacted to promote and protect the health, safety, and general welfare of the citizens of the Town of Pinedale.
As used in this article, the following terms shall have the meanings indicated:
- Any exterior transmitting and/or receiving wireless communication device used exclusively by commercial entities mounted on a tower, building or structure and used in communications, unless specifically prohibited by the FCC. Antennas used by amateur radio operators are excluded from this definition.
- ANTENNA/TOWER HEIGHT
- Vertical distance from the finished grade of the lot or parcel to the highest point on the structure, including the highest antenna. In cases where substantial fill is proposed, "finished grade" shall be established by the Town Engineer, consistent with parcels in the immediate vicinity, and shall not be, nor have been, artificially raised to gain additional antenna/tower height.
- Any entity that provides wireless communications and technology services. This definition also includes companies that build communications towers and lease tower space to carriers.
- Federal Aviation Administration.
- Federal Communications Commission.
- GUYED TOWER
- A tower that is supported by use of cables (guy wires) that are permanently anchored to the ground.
- LOT SIZE
- The dimensions of the entire lot (if platted) or parcel (if unplatted) shall control for purposes of measurements under this section, even though the towers, antennas or poles may be located on leased parcels within a lot. "Lot" as used in this section shall include both platted lots and unplatted parcels.
- Tower, antenna or pole setbacks and separation distances shall be calculated and applied to facilities located within the Town limits, and also those within one mile of the Town limits, irrespective of municipal and county jurisdictional boundaries.
- COMMERCIAL TOWER
- A tower that a carrier is using to supply patrons with communication and/or technology services.
- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, internet and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and any tower support.
- TOWER MANAGER
- Entity that controls the activity on and around the tower. The tower manager shall also control the financial matters associated with the tower.
- WIRELESS COMMUNICATIONS
- The technology which enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems and without the use of wires, cables or other similar transmission facilities.
Towers, antennas and poles shall be permissible subject to the provisions of this article.
This article pertains to any future tower or antenna which is to be constructed or extended in height to exceed the maximum height limit permitted in the zone district.
New towers, antennas or poles, freestanding or building-mounted, shall not exceed the maximum height requirements permitted in the zone district without receiving a conditional use and building permit from the Town.
All commercial carrier towers and other towers, antennas and poles shall require a building permit. If the tower is to exceed the zoning height limit, the applicant shall follow the conditional use application process as described in § 160-22 and include all information required in this article with the application.
Commercial towers or antennas shall not be constructed in residential zone districts.
The following uses shall be specifically permitted as accessory uses by right and shall not require a building permit:
Receiving antennas or amateur radio antennas in residential zoning districts, for the exclusive use of the residence on the lot where the antenna is located, and that do not exceed the zone district's maximum height limit;
Television and radio antennas in nonresidential zoning districts for the exclusive use of owners or tenants of the property where located, and that do not exceed the zone district's maximum height limit;
Antennas or similar hardware installed in all zones, for the purposes of receiving satellite television, radio transmissions, internet service or any other similar service for the exclusive use of occupants of the building to which it is attached, provided that the antenna, or similar hardware, is attached to an existing structure, and provided the antenna does not exceed the zone district's maximum height limit; and
Antennas attached to utility poles and light poles upon private property in all zoning districts, provided the antenna does not extend more than three feet above the highest point of the pole structure. Antennas attached to utility poles and light poles within the public right-of-way shall not extend more than three feet above the highest point of the pole structure and may be installed: 1) when permitted by the pole owner's franchise; or 2) by amendment to the pole owner's franchise ordinance or right-of way use easement and agreement with the consent of the Town Council and upon payment of reasonable compensation for use of the right-of-way.
All other towers, antennas and poles shall require a building permit.
State and federal requirements. All towers, antennas or poles shall meet the standards and requirements of the FAA, FCC, and any other agency of local, state or federal government with jurisdiction to regulate towers, antennas or poles.
Building codes - safety standards. To ensure the structural integrity of towers, the owner of a tower, antenna or pole shall be responsible to construct and maintain it in compliance with applicable state and local building code standards and the applicable standards for towers published by the Electronic Industries Association, as amended. All plans shall be stamped by a Wyoming licensed professional engineer with extensive experience and expertise in tower construction. The Town Engineer, or a person designated by the Mayor, or a Wyoming licensed professional engineer shall verify that the structure was built according to the approved plans and specifications. A Wyoming licensed professional engineer shall certify that the tower is safe after completion of the tower. Photos of the tower foundation with structural steel in place shall be taken prior to concrete being poured and provided to the Town Engineer prior to commencement of construction on the tower. Photos shall include a picture of a readable measuring device that clearly shows the size of the footing/base. Certification of cure time of the concrete in the foundation shall also be provided to the Town Engineer prior to commencement of construction on the tower.
Prohibited. Guyed towers are prohibited within Town limits.
Nonessential services. Towers, antennas and poles shall be regulated and permitted pursuant to this title, and not regulated or permitted as public utilities or private utilities.
Franchises. Owners and operators of towers, antennas and poles shall certify to the Town Engineer's satisfaction that all franchises required for the construction or operation of such towers, antennas or poles have been filed or recorded, as applicable.
Bonding. Applicants may be required to provide a bond to insure removal of any new tower in a form and amount acceptable to the Town Engineer, or a person designated by the Mayor. If required, the bond shall be provided to the Town prior to the commencement of construction of any approved new tower.
Materials. Towers, antennas or poles, to the extent possible, shall be constructed using materials, colors, textures, screening and landscaping that will blend them in to the natural setting and surrounding buildings. Buildings associated with a tower shall be designed to blend in with the surrounding area. Landscaping may be required by the Town to help improve the visual integrity of the site.
Commercial tower structural requirements.
All new towers shall be designed with the structural capacity to accommodate at least three co-located carriers.
All new towers shall be located upon sites that are large enough to contain the support equipment for at least three co-located carriers.
Towers shall not be loaded above the current Telecommunications Industry Association (TIA) 222 Revision wind load requirement. If the TIA changes, the tower manager must follow the new TIA wind load limits. Equipment may not need to be removed to reach the new design limits. However, new equipment may not be added that would cause the tower to exceed the new limits.
Setbacks and separation.
Setbacks. Towers shall be set back from adjoining lot lines a distance equal to the height of the tower. Any tower proposed to be located on a lot with residential or occupied commercial structures, which structures are located at a distance from the tower base which is less than the height of the tower, shall require a building permit. In addition to all other considerations, the building permit process shall also include safety measures.
Separation distances between towers.
Separation distances between towers shall be applicable for and measured between the proposed towers/antennas and existing towers/antennas. The separation distances shall be measured by a straight horizontal line between the center of the base of the existing tower, antenna or pole and the center of the base of the proposed tower, antenna or pole.
For towers 35 feet or less in height, no separation distance is required; however, setback distances still apply.
For towers more than 35 feet in height the separation distance shall be determined during the conditional use application process.
Buildings and other equipment.
For antennas mounted on structures or rooftops, any equipment cabinet or structure used in association with antennas shall not be more than 15 feet in height and shall comply with all applicable building codes and zoning requirements.
For antennas mounted on utility poles or light poles, any associated equipment cabinet or structure shall be located outside of the public right-of-way and in accordance with the following:
In residential zoning districts, the equipment cabinet or structure may be located in a side or rear yard. The equipment cabinet or structure shall be no more than 15 feet in height, with a floor area of 350 square feet or less, and shall be located at least 25 feet from all lot lines.
In nonresidential districts, the equipment cabinet or structure shall be no greater than 20 feet in height, and shall be screened from view by landscaping, fencing, or both, of all adjacent residential properties.
For antennas located on towers, any related unmanned equipment cabinet or structure shall be no more than 20 feet in height, and shall be located in accordance with the minimum setback requirements for the zoning district in which it is located.
Co-locations. For towers on which carriers are co-located.
Inventory of existing sites. Each applicant for a building permit for a tower, antenna or pole shall provide to the Town Engineer an inventory of the applicant's existing towers, antennas and poles and sites within the Town limits and within one mile outside of the Town limits, including specific information about the location, height, and type of communication service for each commercial tower.
No application for a building permit for a new tower shall be processed until the applicant has met with the Town Engineer prior to submitting the application, in order to review the feasibility of using an existing tower or structure. The applicant shall demonstrate that there is no existing facility that can reasonably accommodate the applicant's proposed antenna before the building permit application is processed. The Town Engineer may require the applicant to make reasonable efforts to co-locate upon an existing tower. The Town Engineer may require the applicant to make reasonable efforts to use a stealth tower. Co-location of facilities and/or stealth technology may be considered a mitigating factor to a conditional use request and may justify the request.
If an applicant claims that it cannot co-locate upon an existing tower, the applicant shall provide a written report from a communications specialist, radio frequency expert or other professional in support of its position. The Town Engineer shall consider the written report in making his/her decision.
Any applicant who is aggrieved by the decision of the Town Engineer concerning a building permit application for a tower, antenna or pole may appeal the decision to the Town Council. Technical considerations, not financial considerations, will be the determining factors used to decide issues regarding co-location disputes.
A building permit shall be required for a tower that is being rebuilt to accommodate co-location of an additional antenna. After rebuilding, one tower only shall remain on the site. A relocated on-site tower shall meet all requirements of this article.
Lighting. Towers shall not be artificially lighted unless required by the FAA or other authority having jurisdiction. Lighting shall not negatively impact neighbors or public safety.
Signs. No commercial messages or any other signs beyond safety warnings and an identification sign of not greater than two square feet shall be placed on any tower or facility. If OSHA or any other organization having jurisdiction requires more signage, permission will not be reasonably withheld.
Any tower, antenna or pole not operated for six consecutive months shall be considered abandoned. The owner of the tower, antenna or pole shall remove the same within 90 days of abandonment. If not so removed by the owner, the Town, after notice, may remove such tower, antenna or pole and recover the cost thereof from the tower or landowner thereof or the bond posted under § 475-333F above. This provision shall not apply to any tower, antenna or pole owned by the Town of Pinedale.
All new construction, other than routine maintenance on a preexisting tower, shall comply with the requirements of this article, including the issuance of a building permit.
If the terms of this article conflict with any other applicable provision of local, state, or federal law, the most restrictive terms shall apply, unless otherwise controlled.
This article concerns wireless communication towers, antennas or poles on private or governmental property only. Use of public rights-of-way for any system or components of a system for the collection or distribution of signals to be broadcast or which are received by antennas may require a license or franchise as is appropriate.
The Tower Manager shall decide all matters related to any tower owned by the Town. Any entity who is aggrieved by the decision of the Tower Manager regarding a tower owned by the Town may appeal the decision to the Town Council.