[Added 10-23-2017 by Ord.
No. 633; amended 1-11-2021 by Ord. No. 677]
A.
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 macro cell 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 co-locate on macro cell towers built
at the provided areas.
B.
It is further the intent of this article to protect the community's
visual quality and safety while facilitating the reasonable and balanced
provision of wireless communication services. More specifically, it
is the Town's goal to minimize the visual impact of wireless communication
facilities on the community, particularly in and near residential
districts, downtown and in and along highly visible corridors and
entrances to the community.
C.
This article regulates macro cell towers, antennas and poles, along
with small wireless facilities as herein defined, to: 1) protect residential
areas and land uses from potential adverse economic impacts of macro
cell towers, antennas or poles; 2) encourage the location of towers,
antennas and poles in nonresidential areas; 3) encourage the joint
use of new and existing macro cell 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.
D.
This article provides regulations which are specifically not intended
to, and shall not be interpreted or applied to: 1) prohibit or effectively
prohibit the provision of wireless services; 2) discriminate among
functionally equivalent service providers; or 3) regulate wireless
communication facilities and wireless transmission equipment on the
basis of the environmental effects of radio frequency emissions to
the extent that such emissions comply with the standards established
by the Federal Communications Commission.
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 ham radio operators
are excluded from this definition.
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, consistent with parcels in the immediate
vicinity, and shall not be, nor have been, artificially raised to
gain additional antenna/tower height.
Any person engaged in the business of providing wireless
services or the wireless infrastructure required for wireless services
and who submits an application.
A written request, on a form provided by the Town, for a
permit.
The mounting or installation of equipment on a tower, pole,
building or other structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
Federal Aviation Administration.
Federal Communications Commission.
A tower that is supported by use of cables (guy wires) that
are permanently anchored to the ground.
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.
An antenna or antennas mounted on or in a tower, ground-based
mast, rooftops or structures, at a height that provides coverage to
the surrounding area and exceeds the dimensional limits applicable
to small wireless facilities.
A wireless services provider or wireless infrastructure provider
and includes any person who owns or operates wireless facilities within
or outside of the right-of-way.
Equipment that meets the following criteria:
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than 3 cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under federal law;
The facilities are not located on Tribal land as defined under
federal law; and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified under
federal law.
Any structure, temporary or permanent, built for the sole
or primary purpose of supporting any FCC-licensed or authorized antennas
and their associated facilities, including structures that are constructed
for wireless services including, but not limited to, private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul, and the associated
site.
A person or entity, other than a wireless services provider,
that builds or installs towers, wireless transmission equipment, wireless
facilities poles or wireless support structures.
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
A person or entity who provides wireless services.
A.
Towers, antennas, poles and related equipment (including small wireless
facilities) shall be permissible subject to the provisions of this
article.
B.
Macro cell towers, antennas or poles, freestanding or building-mounted, shall not exceed the maximum height requirements permitted in the underlying zone district without receiving a conditional use permit and building permit from the Town. If the tower or pole 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. If the proposed structure, facilities or equipment exceed the maximum height requirements permitted in the underlying zone district, then a variance is also required.
C.
Except as set forth below, all towers, antennas, poles and related
equipment (including small wireless facilities) shall require a building
permit.
D.
Commercial macro cell towers shall not be constructed in residential
zone districts.
E.
The following uses shall be specifically permitted as accessory uses
by right and shall not require a building permit:
(1)
Amateur radio antennas (ham radio facilities) in all zoning
districts, for the exclusive use of the occupants of the building
on the lot where the antenna is located, subject to state and federal
law requirements;
(2)
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;
(3)
Antennas, similar hardware or dishes 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, similar hardware or dish is attached to an existing structure,
and provided the antenna does not exceed the zone district's maximum
height limit. This exemption shall not apply to antennas, similar
hardware or dishes installed on residential structures or other buildings
or structures for commercial transmission purposes;
(4)
A temporary, commercial facility installed for providing coverage
of a special event such as news coverage or sporting event, subject
to any required approvals by the Town. The facility shall be exempt
from the provisions of this article for up to two weeks before and
one week after the duration of the special event;
(5)
Temporary facilities and equipment installed upon the declaration
of a state of emergency by the federal, state or local government,
or a written determination of public necessity by the Town; except
that such facility or equipment must comply with all federal and state
requirements;
(6)
Town facilities, equipment and services, including, but not
limited to, those involving police, fire, public health and safety;
(7)
Fixed wireless broadband service; and
(8)
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:
A.
State and federal requirements. All towers, antennas and poles shall
meet the standards and requirements of the FAA, FCC, and any other
agency of the local, state or federal government with jurisdiction
to regulate towers, antennas or poles.
B.
Building codes - safety standards. To ensure the structural integrity
of towers, the owner of a tower shall be responsible for constructing
and maintaining it in compliance with applicable federal, state and
local building code standards and applicable industry standards for
towers.
C.
Prohibited. New guyed or lattice towers are prohibited within Town
limits.
D.
Agreements. Owners and operators of towers, antennas and poles shall
certify to the Town's satisfaction that all agreements required for
the construction or operation of such towers, antennas or poles have
been filed or recorded, as applicable.
E.
Bonding. Applicants may be required to provide a bond to ensure removal
of any new tower from public property in a form and amount acceptable
to the Town. If required, the bond shall be provided to the Town prior
to the commencement of construction of any approved new tower on public
property. The amount of the bond shall equate to the cost for removal
of the tower if it is abandoned by the tower owner.
F.
Permit required.
(1)
No person may construct or install in or outside of the right-of-way
any new wireless facilities without first receiving a permit as required
by this article. Notwithstanding the foregoing, in the event of an
emergency, a provider or its duly authorized representative may commence
work prior to obtaining a permit, provided that the provider shall
contact the Town prior to commencing the work and shall apply for
a permit as soon as reasonably possible, but not later than 24 hours
after commencing the emergency work.
(2)
Other than a temporary, commercial facility as provided in § 475-332, a building permit and administrative review shall be required for a cell on wheels ("COW") and the COW may be placed in a commercial district for a period of up to one year if the applicant subsequently constructs substantial capital improvements, such as a cell tower, in the Town. If the provider does not intend to construct substantial capital improvements, such as a cell tower in the Town, the COW can remain in place for up to six months in the commercial district so long as the provider obtains a building permit and administrative approval before installing the COW. If the proposed COW, facilities or equipment exceed the maximum height requirements permitted in the underlying zone district, then a conditional use permit and variance are also required.
G.
Ordinary maintenance and repair. A permit shall not be required for
ordinary maintenance and repair. The provider or other person performing
the ordinary maintenance and repair shall obtain any other permits
required by applicable laws and shall notify the Town in writing at
least 48 hours before performing the ordinary maintenance and repair.
H.
Application fees. All applications pursuant to this article shall
be accompanied by the requisite fees required by the Town.
I.
Effect of permit. A permit from the Town authorizes an applicant
to undertake only the activities specified in the application and
permit, and in accordance with this article. A permit does not authorize
attachment to or use of existing poles or other structures in or outside
of the right-of-way. A permittee or provider must obtain all necessary
written approval from the owner of any pole or other support structure
prior to any attachment or use and such written approval shall be
submitted with the permit request. A permit does not create a property
right for the applicant.
J.
Site development for small wireless facilities. All small wireless
facilities shall be subject to standards, building permits and site
plan applications. An application shall contain the following information:
K.
Visual impact. All small wireless facilities shall be sited and designed
to minimize adverse visual impacts on surrounding properties and the
traveling public to the greatest extent reasonably possible, consistent
with the proper functioning of the small wireless facilities.
L.
Design standards. Subject to the height limitation of the underlying
zoning district, all poles built for the sole or primary purpose of
supporting small wireless facilities may be approved through administrative
review subject to the wireless provider complying with reasonable
and feasible considerations for the:
M.
Use of stealth design. The applicant shall use stealth design to
the maximum extent feasible unless otherwise approved by the Town.
Stealth and concealment techniques must be appropriate given the proposed
location, design, visual environment, and nearby uses, structures,
and natural features.
N.
Pole-mounted equipment. All pole-mounted transmission or receiving
equipment shall be mounted as close as possible to the pole so as
to reduce the overall visual profile to the maximum extent feasible
subject to applicable safety codes.
O.
License or agreement. For small wireless facilities to be located
within the right-of-way, prior to submitting for a permit, the applicant
must, if required by the Town, have a valid municipal agreement, license,
franchise agreement, right-of-way use agreement or exemption otherwise
granted by applicable law.
P.
Notification. Prior to the installation or construction of small
wireless facilities within the right-of-way or a utility easement,
the applicant or provider must notify all utilities located within
such right-of-way or easement regarding the use of the right-of-way
or easement. Before beginning any excavation in or outside of the
right-of-way, the permittee shall comply with the One Call of Wyoming
requirements.
Q.
Site design flexibility. Individual sites vary in the location of
adjacent buildings, existing trees, topography and other local variables.
By mandating certain design standards, there may result a project
that could have been less intrusive if the location of the various
elements of the project could have been placed in more appropriate
locations within a given site. Therefore, the wireless facilities
and supporting equipment may be installed so as to best camouflage,
disguise or conceal them.
R.
As-builts and maps. The provider shall furnish to the Town paper
and electronic maps showing the location of its facilities and equipment
in the right-of-way and as-builts after construction is completed.
S.
General safety and compliance with laws. The permittee shall employ
due care during the installation, maintenance or other work in the
right-of-way, and shall comply with all safety and construction requirements
of applicable laws, Town guidelines, standards and practices and any
additional commonly accepted safety standards.
T.
Physical interference. The permittee shall not physically interfere
with any existing facilities or structures in the right-of-way, and
shall locate its lines and equipment in such a manner as not to physically
interfere with the usual traffic patterns (vehicular or pedestrian)
or with the rights or reasonable convenience of owners of property
that abut any right-of-way.
U.
Compliance with permit. All construction practices and activities
shall be in accordance with the permit and approved final plans and
specifications. The Town and its representatives shall be provided
access to the work site and such further information as they may require
to ensure compliance with such requirements. All equipment that does
not comply with the permit, the approved plans and specifications
for the work, or the requirements of this article, shall be removed
at the sole expense of the permittee. The Town may stop work in order
to assure compliance with the provisions of this article.
V.
Radio frequency emissions. A written report will be prepared and
signed by a professional engineer or qualified employee of the provider
which assesses whether the proposed macro cell tower, antennas and
small wireless facilities demonstrate compliance with the radio frequency
emissions limits established by the FCC.
A.
Materials. Towers, antennas and poles, to the extent possible, shall
be constructed using materials, colors, textures, screening and landscaping
that will blend them into 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.
B.
Commercial macro cell tower structural requirements.
(1)
All new macro cell towers shall be designed with the structural
capacity to accommodate at least three co-located providers.
(2)
All new towers shall be located upon sites that are large enough
to contain the support equipment for at least three co-located providers.
(3)
Towers shall not be loaded above the manufacturer's wind load
requirements. New equipment may not be added that would cause the
tower to exceed the limits.
C.
Setbacks and separation.
(1)
Setbacks. Macro cell 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.
(2)
Separation distances between macro cell towers.
(a)
Separation distances between macro cell 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 macro
cell tower, antenna or pole and the center of the base of the proposed
macro cell tower, antenna or pole.
(b)
For towers 50 feet or less in height, including their antennas,
or structures no more than 10% taller than other adjacent structures,
no separation distance is required; however, setback distances still
apply.
D.
Buildings and other equipment.
(1)
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.
(2)
For antennas mounted on utility poles or light poles, any associated
equipment cabinet or structure may be located in or outside of the
public right-of-way and in accordance with the following:
(a)
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 four feet in height, with a floor area of 100
square feet or less, and shall be located at least 25 feet from all
lot lines.
(b)
In nonresidential districts, the equipment cabinet or structure
shall be no greater than six feet in height, and shall be screened
from view by landscaping, fencing, or both, from all adjacent residential
properties.
(3)
For antennas located on macro cell 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.
E.
Co-locations.
(1)
Inventory of existing sites. Each applicant for a building permit
for a macro cell tower shall provide to the Town an inventory of the
applicant's existing macro cell towers 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 macro cell tower.
(2)
No application for a building permit for a new macro cell tower
shall be processed until the applicant has met with the Town 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 antennas before the building permit application
is processed. The Town may require the applicant to make reasonable
efforts to co-locate upon an existing tower. The Town may also require
the applicant to make reasonable efforts to use a stealth tower. Co-location
of facilities and/or stealth design may be considered a mitigating
factor or factors to a conditional use request and may justify the
request.
(3)
If an applicant claims that it cannot co-locate upon an existing
macro cell 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 shall consider the written report
in making its decision.
(4)
Any applicant who is aggrieved by the decision of the Town staff
concerning a building permit application for a tower, antenna, pole
or small wireless facilities may appeal the decision to the Town Council.
Operational considerations, along with financial considerations, will
be among the determining factors, used to decide issues regarding
co-location disputes.
(5)
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.
F.
Lighting. Towers shall not be artificially lighted unless required
by the FAA, FCC or other authority having jurisdiction. Lighting shall
not negatively impact neighbors or public safety.
G.
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 the FCC or any other organization
having jurisdiction requires more signage, permission will not be
unreasonably withheld.
Any tower, antenna, pole or small wireless facilities not operated for six consecutive months shall be considered abandoned. The owner of the tower, antenna, pole or small wireless facilities 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, pole or small wireless facilities and recover the cost thereof (including attorneys' fees) from the tower, land, antenna, pole or small wireless facilities owner or the bond posted under § 475-333E above. This provision shall not apply to any tower, antenna, pole or related equipment owned by the Town.
All new construction, other than replacement of equipment with
a similar size, design and color, 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 more restrictive terms
shall apply.
This article concerns towers, antennas, poles and small wireless
facilities on private and governmental property. Use of public rights-of-way
for any system or components of a system for the collection or distribution
of signals which are transmitted or received by antennas may require
a license, franchise or other agreement as is appropriate.
The Mayor shall decide all matters related to any tower owned
by the Town. Any entity who is aggrieved by the decision of the Mayor
regarding a tower owned by the Town may appeal the decision to the
Town Council.
Each permit issued for a tower, antenna, pole or small wireless
facilities located on Town property (including the right-of-way) shall
be deemed to have as a condition of the permit a requirement that
the applicant and provider defend, indemnify and hold harmless the
Town and its officers, agents, employees, volunteers and contractors
from any and all liability, damages, or charges (including attorneys'
fees and expenses) arising out of claims, suits, demands, or causes
of action as a result of the permit process, a granted permit, installation,
construction, location, performance, operation, maintenance, repair,
replacement or removal of the tower, pole, antenna or small wireless
facilities, except to the extent such claims, suits, demands, or causes
of action arise from the sole negligence or willful misconduct of
the Town.
The various parts, sentences, paragraphs, sections and clauses
of this article are hereby declared to be severable. If any part,
sentence, paragraph, section or clause is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected thereby.
