It is the intent of the Town Council to promote the Town's
public health, safety, and general welfare by providing regulatory
requirements for the installation and maintenance of small wireless
telecommunications facilities in the public rights-of-way. The purpose
of this chapter is to regulate the same to enhance vehicular and pedestrian
safety and avoid interference with motorist and pedestrian sight lines;
to minimize damage to trees; to reduce visual clutter and prevent
unsightly or out-of-character deployments; to preserve the value of
property and the character of the neighborhood; and to otherwise protect
the health, safety, and general welfare of the Town and its residents,
and the public at large.
[Res. No. 2-19, 2-4-2019, eff. 3-12-2019 (formerly § 12-100
of the 1989 Code)]
|
As used in this chapter, the following terms shall have the
meanings indicated:
BASE STATION
A structure or equipment at a fixed location that enables
wireless communications between user equipment and a communications
network. The term does not include a tower or any equipment associated
with a tower.
COLLOCATE
To install or mount a small wireless facility in the public
right-of-way on an existing support structure, an existing tower,
or on an existing pole to which a small wireless facility is attached
at the time of the application. "Collocation" has a corresponding
meaning.
COMMUNICATIONS FACILITY
Means, collectively, the equipment at a fixed location or
locations within the public right-of-way that enables wireless services,
including: (i) radio transceivers, antennas, coaxial, fiber-optic
or other cabling, power supply (including backup battery), and comparable
equipment, regardless of technological configuration; and (ii) all
other equipment associated with any of the foregoing. The term does
not include the pole, tower, or support structure to which the equipment
is attached.
POLE
A legally constructed pole, such as a utility, lighting,
traffic, or similar pole made of wood, concrete, metal or other material,
located or to be located within a public right-of-way. The term does
not include a tower or support structure.
SMALL WIRELESS FACILITY
A wireless facility that meets all of the following conditions:
A.
The structure on which antenna facilities are mounted (i) is
fifty (50) feet or less in height, including existing antennas, or
(ii) is no more than ten (10) percent taller than other adjacent structures,
or (iii) is not extended to a height of more than fifty (50) feet
or by more than ten (10) percent above its preexisting height, whichever
is greater; and
B.
Each antenna associated with the deployment, excluding the associated
equipment, is no more than three (3) cubic feet in volume; and
C.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
twenty-eight (28) cubic feet in volume; and
D.
The facility does not require antenna structure registration
under federal law; and
E.
The facility does not result in human exposure to radiofrequency
radiation in excess of applicable safety standards under federal law.
SUPPORT STRUCTURE
A structure in a public right-of-way other than a pole or
a tower to which a wireless facility is attached at the time of the
application.
TOWER
Any structure in a public right-of-way, within or outside
the boundaries of the Town, built for the sole or primary purpose
of supporting a wireless facility. A tower does not include a pole
or a support structure.
WIRELESS FACILITY
The equipment at a fixed location or locations in the public
right-of-way that enables wireless services. A small wireless facility
is a type of a wireless facility. The term does not include the pole,
tower, or support structure on, under, or within which the equipment
is located or collocated, or the coaxial, fiber-optic, or other cabling
between communications facilities or poles, or that is otherwise not
immediately adjacent to or directly associated with a particular antenna.
WIRELESS SERVICES
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
[Res. No. 2-19, 2-4-2019, eff. 3-12-2019 (formerly § 12-101
of the 1989 Code)]
|