As used in this article, the following terms shall have the
meanings indicated:
ANTENNA
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.
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, consistent with parcels in the immediate
vicinity, and shall not be, nor have been, artificially raised to
gain additional antenna/tower height.
APPLICANT
Any person engaged in the business of providing wireless
services or the wireless infrastructure required for wireless services
and who submits an application.
APPLICATION
A written request, on a form provided by the Town, for a
permit.
CO-LOCATION
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.
FAA
Federal Aviation Administration.
FCC
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.
MACRO CELL
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.
PROVIDER
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.
SMALL WIRELESS FACILITIES
Equipment that meets the following criteria:
A.
The facilities:
(1)
Are mounted on structures 50 feet or less in height including
their antennas; or
(2)
Are mounted on structures no more than 10% taller than other
adjacent structures; or
(3)
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;
B.
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than 3 cubic feet in volume;
C.
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;
D.
The facilities do not require antenna structure registration
under federal law;
E.
The facilities are not located on Tribal land as defined under
federal law; and
F.
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified under
federal law.
TOWER
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.
WIRELESS INFRASTRUCTURE PROVIDER
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.
WIRELESS SERVICES
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
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.