The purpose of this article and the standards established herein
is to govern the use, construction, and siting of personal wireless
facilities so as to:
A. Accommodate the need for personal wireless facilities while regulating
their location and number in the Town and to ensure compliance with
all applicable governmental regulations.
B. Minimize any adverse and visual effects of personal wireless facilities
including antenna(s) and antenna support structures through proper
design, siting, and screening.
C. Ensure the structural integrity of the personal wireless facilities
including antenna support structures through compliance with applicable
industry standards and regulations.
D. Encourage the joint use of any new personal wireless facilities including
antenna support structures to reduce the number of such structures
needed in the future.
E. Promote the health, safety, and welfare of the residents of the Town.
For the purpose of this article, the following definitions shall
apply:
ANTENNA
A device used to collect and/or transmit personal wireless
services or radio signals.
ANTENNA SUPPORT STRUCTURE
Any pole, telescope mast, tower, tripod, lattice construction
steel structure or any other structure which supports or has attached
to it, an antenna(s).
ANTENNA SUPPORT STRUCTURE HEIGHT
The vertical distance measured from the base of an antenna
support structure at grade to the highest point of the structure,
including any antenna(s) affixed thereto. If the antenna support structure
is on a sloped grade, then the average between the highest and lowest
grades shall be used in calculating the antenna support structure
height.
APPLICANT
A person filing an application for placement or modification
of a wireless facility outside of the public right-of-way.
APPLICATION
A formal request, including all required and requested documentation
and information, submitted by an applicant to the Town for a wireless
permit.
BASE STATION
Shall have the meaning as set forth in 47 CFR 1.6100(b)(1),
or any successor provision.
FCC
The Federal Communications Commission or its lawful successor.
LAND SITE or SITE
A tract or parcel of land that contains a personal wireless
facility and associated parking, and may include other uses associated
with and ancillary to the transmission of personal wireless services.
MICROWAVE BACKHAUL
The transport network that uses microwaves to connect the
radio access network (RAN) to the core network.
PERMITTEE
Any person or entity granted a wireless permit pursuant to
this article.
PUBLIC RIGHT-OF-WAY
The surface and space above, on, and below any public highway,
avenue, street, lane, alley, boulevard, concourse, driveway, bridge,
tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, public
easement, right-of-way or any other public ground or water within
or in which the Town now or hereafter holds any property interest.
SMALL CELL FACILITY
Shall have the same meaning as "small wireless facility"
in 47 CFR 1.6002(1), or any successor provision.
TOWER
Any structure 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 personal 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. This
definition does not include utility poles.
UNDERGROUND AREAS
Those areas where there are no electrical facilities or facilities
of the incumbent local exchange carrier in the public right-of-way;
or where the wires associated with the same are or are required to
be located underground; or where the same are scheduled to be converted
from overhead to underground. Electrical facilities are distribution
facilities owned by an electric utility and do not include transmission
facilities used or intended to be used to transmit electricity at
nominal voltages in excess of 35,000 volts.
UNLICENSED WIRELESS SERVICE
The offering of telecommunications services using duly authorized
devices which do not require individual licenses, but does not mean
the provision of direct-to-home satellite services.
WIRELESS FACILITIES OR FACILITY
The transmitters, antenna structures and other types of installations
used for the provision of personal wireless services at a fixed location,
including, without limitation, any associated tower(s), support structure(s),
and base station(s).
WIRELESS INFRASTRUCTURE PROVIDER
A person that owns, controls, operates or manages a personal
wireless facility or portion thereof outside of the public rights-of-way.
WIRELESS PERMIT
A permit issued pursuant to this article authorizing the
placement or modification of a personal wireless facility of a design
specified in the permit at a particular location outside of the public
rights-of-way; and the modification of any existing support structure
to which the facility is proposed to be attached.
WIRELESS REGULATIONS
Those regulations that may be adopted pursuant to this article
and implementing the provisions of this article.
The following facilities are exempt from the requirements of
this article but may be governed by other laws and other portions
of Town Code.
A. Consumer-end antennas. Consumer-end antennas shall be exempt from
the provisions of this article if they meet the following requirements,
as applicable.
(1) A satellite dish less than one meter (39.37 inches) in diameter and
that, if mounted on a mast, is mounted no higher than needed to receive
or transmit an acceptable quality signal and in no event higher than
12 feet above roofline.
(2) An antenna designed to receive over-the air broadcast signals, no
higher than needed to receive or transmit an acceptable quality signal
and in no event higher than 12 feet above roofline.
(3) A broadband radio service antenna one meter or less in diameter or
diagonal measurement and that, if mounted on a mast, is mounted no
higher than needed to receive or transmit an acceptable quality signal
and in no event higher than 12 feet above roofline.
B. Amateur radio antennas. Any federally licensed amateur radio operator
may apply to the Building Inspector and be approved by the Town Manager
for an exemption from any provision of this article upon a showing
that strict conformance therewith would interfere with the operator's
ability to receive or transmit signals or would impose unreasonable
costs on the amateur radio operator. Such application must be accompanied
by:
(1) Proof of a current federal license for an amateur radio operator;
(2) Site plans drawn to scale and dimensions showing the proposed location
of the antenna;
(3) Manufacturer's specifications of the antenna structure;
(4) Details of footings and supports;
(5) If applicable, details of attaching or affixing the antenna to the
roof; and
(6) Elevations drawn to scale and dimensioned so as to fully describe
the proposed structure.
C. Certain temporary facilities. The following temporary wireless facilities
that will be placed for less than 14 consecutive days, provided any
necessary building permit or other approval is obtained and the landowner's
written consent is provided to the Town:
(1) Facilities installed and operated for large-scale events; and
(2) Facilities needed for coverage during the temporary relocation of
an existing and already-approved facility.
D. Legally existing wireless facilities. Any wireless facility already
legally constructed and in operation as of this article's effective
date shall remain subject to the provisions of the version of the
Town Code in effect prior to this revision, unless and until a revised
permit, substantial conformance, or other modification is approved
on such facility, at which time the provisions of this article shall
apply in full force going forward as to such facility.
The design and development standards for wireless facilities
located outside of the public right-of-way will be set by resolution
adopted by the Town Council. The Town Manager shall have the authority
to amend these standards without seeking Town Council approval.
The Town Manager is directed to execute all documents and to
perform all other necessary acts to implement and enforce this article.
If any section, subsection, provision, sentence, clause, phrase
or word of this article is for any reason held to be illegal or otherwise
invalid by any court of competent jurisdiction, such invalidity shall
be severable, and shall not affect or impair any remaining section,
subsection, provision, sentence, clause, phrase or word included within
this article, it being the intent of the Town that the remainder of
the article shall be and shall remain in full force and effect, valid,
and enforceable.
The following design and development standards shall apply to
all wireless facilities outside of the public right-of-way:
A. Visual criteria.
(1) Generally. Wireless facilities shall be designed in the least visible
means possible and be aesthetically compatible with the surrounding
area and structures (e.g., color, materials, size, and scale).
(2) Materials. The materials used shall be nonreflective and nonflammable.
(3) Concealment. The wireless facility and any pole-mounted equipment
should be camouflaged or concealed to blend the facility with surrounding
materials and colors of the support structure on which the facility
is installed. Concealment elements include, but are not limited to,
the following:
(a)
Radio frequency (RF) transparent screening or shrouds;
(b)
Matching the color of the existing support structure by painting,
coating, or otherwise coloring the wireless facility, equipment, mounting
brackets, and cabling;
(c)
Placing cables and wires inside the pole or beneath conduit
of the smallest size possible;
(d)
Minimizing the size of the site;
(e)
Installing new infrastructure that matches existing infrastructure
in the area surrounding the proposed site; and
(f)
Using paint of durable quality.
B. Location.
(1) Preference for use on existing infrastructure. To prevent visual
clutter and to avoid creation of additional hazards, existing structures
(towers and base stations) should be used unless it is shown that
it is not technically feasible to use, modify or replace existing
structures.
(2) The wireless facility and any pole-mounted equipment erected or altered shall not exceed the height limit, minimum yard setbacks, or any other requirements in accordance with §
425-4 of the Municipal Code.
(3) Co-locations are encouraged.
C. Equipment.
(1) Limitations of generators. Generators are limited in size to that
required to provide emergency backup power for the wireless facility.
(2) Stealth preferences.
(a)
The Town prefers stealth facilities (i.e., where all equipment
is inside the existing tower or base station or otherwise screened
from view).
(b)
Ground-mounted aboveground equipment should be similar in size,
and should be placed and shielded in a manner consistent with how
other equipment is placed and shielded. Any equipment not used in
direct support of such operations shall not be stored on site.
(c)
In an area where other utility equipment is underground, a wireless
service provider will be expected to place equipment below ground
absent a showing of technical infeasibility. However, the Town recognizes
that antennas and the structures that support them cannot be placed
underground. Absent a showing of effective prohibition, a design consistent
with the corridor in which the facility will be placed should be utilized.
D. Security. All equipment and facilities shall be installed in a manner
to avoid being an attractive nuisance and to prevent unauthorized
access, climbing, and graffiti.
E. Safety. All wireless facilities, including each piece of equipment,
shall be located and placed in a manner so as to not interfere with
public safety and at all times be in compliance with the Americans
with Disabilities Act (ADA) and the National Electric Safety Code
(NESC), as applicable.
F. Noise. Wireless facilities and all accessory equipment and transmission
equipment must comply with all noise regulations and shall not exceed,
either individually or cumulatively, 65 dBA.
G. Lighting. No wireless facility shall be illuminated unless specially
required by the Federal Aviation Administration (FAA) or other government
agency. Any required lighting shall be shielded to eliminate, to the
maximum extent possible, impacts on the surrounding area property.
H. Signs. No wireless facility may display any signage or advertisement
unless it is expressly allowed by the Town in a written approval,
recommended under FCC regulations, or required by law or permit condition.
Every facility shall at all times display signage that accurately
identifies the facility owner and provides the owner's unique
site number and a local or toll-free telephone number to contact the
facility owner's operations center.
I. Landscaping. In addition to any landscaping used for concealment
or screening purposes, the applicant shall propose and install additional
landscaping to replace any existing landscaping displaced during construction
or installation of the applicant's facility. The applicant's
landscaping plan shall be subject to the Town's review and approval
but shall, at a minimum, match the existing landscaping and foliage
surrounding the installation site.
J. Modifications. Any modifications to existing facilities or equipment
or co-locations shall not defeat the concealment elements of the existing
structure/facility.
In addition to the generally applicable standards set forth in §
525-16 of this article, the design and development standards for pole-mounted facilities outside of the ROW are as follows:
A. Definition of pole-mounted facility. For purposes of this article,
the term "pole-mounted facility" means a wireless facility that is,
or is proposed to be, attached to, contained in or on, or otherwise
mounted to, in, or on a pole.
B. Definition of stealth facility. For the purposes of these Design
Standards, the term "stealth facility" (or "stealth facilities") shall
mean a small cell facility designed to look like some feature other
than a tower or base station.
C. Poles, generally. For facilities installed on any pole:
(1) Antennas. Antennas shall be top-mounted in a shroud. Antennas attached
to the side of the pole are discouraged, but if they are required
due to technical reasons, shall be of the smallest antenna volume
possible and be stacked vertically and close together with minimal
distance from the pole.
(2) Dimensions. Antennas shall be of the smallest feasible size, but
in no case more than three cubic feet in volume. Pole-top wireless
facilities, including shroud, shall be no more than 72 inches in height
and 14.5 inches in diameter.
(3) Accessory equipment. Undergrounding equipment that cannot be placed
with the antenna in the shroud is preferred where technically feasible.
Vaults and pull boxes shall be installed flush to grade. Ground-mounted
equipment is prohibited unless required for technical reasons. If
required, ground-mounted equipment shall incorporate camouflaging
and shrouding to match the colors, appearance, and materials of existing
facilities and screen facilities from public view as much as is technically
feasible. Further, if ground-mounted equipment is required, it must
be enclosed in cabinets, sized only for the needed equipment and camouflaged
using paint that matches the surrounding environment.
(4) Cables and wiring. All cables and wiring must be within the structure,
or if not feasible, within conduit on the exterior of the structure.
The conduit must be a color that matches the pole and of the smallest
size technically feasible.
D. Utility poles. In addition to complying with the standards above, installations on utility poles that are located outside of the rights-of-way must be stealth facilities, as defined in §
525-17B of this article. The facility shall be designed, painted, coated, and otherwise made to look like the utility pole rather than a wireless facility, tower, or base station.
E. Replacement poles. If an applicant proposes a replacement pole to
accommodate the facility:
(1) Placement. The base of the replacement pole shall be a minimum of
18 inches away from the face of the curb. Further, a replacement pole
must be in the same location as the pole that it is replacing or as
close to the original location as possible, taking into account pole
owner safety-related requirements and all applicable location and
placement standards herein.
(2) Design. Replacement poles should match the design (e.g., color, dimensions,
height, style, and materials) of the existing pole that is being replaced
to the greatest extent feasible. The maximum pole height is 35 feet,
excluding wireless equipment.
(3) Stealth. Replacement poles and their accompanying small cell facilities should be stealth, as defined above in §
525-17B, unless technically infeasible.
If any provision of this article or its application to any person
or circumstance is held invalid, such invalidity has no effect on
the other provisions or applications of the article that can be given
effect without the invalid provision or application, and to this extent,
the provisions of this article are severable. The Town Council declares
that it would have adopted this article irrespective of the invalidity
of any portion thereof.