A.
The purpose and intent of this Article III is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of small cell wireless telecommunications facilities in the City of Marlborough. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with small cell wireless facilities. This Article III provides standards necessary to:
(1)
Preserve and promote harmonious land uses and the public rights-of-way in the City;
(2)
Promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the City;
(3)
Provide for the orderly, managed, and efficient development of small cell wireless telecommunications facilities in accordance with federal and state laws, rules, and regulations; and
(4)
Encourage new and more efficient technology in the provision of small cell wireless telecommunications facilities.
B.
This article is not intended, nor shall it be interpreted or applied, to:
(1)
Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;
(2)
Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management;
(3)
Unreasonably discriminate among providers of functionally equivalent services;
(4)
Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; or
(5)
Otherwise authorize the City to preempt any applicable federal or state law.