A. 
The purpose of this chapter is to provide a process and a set of standards for the construction of wireless telecommunications facilities in order to implement a municipal policy concerning the provision of wireless telecommunications services and the siting of their facilities; establish clear guidelines, standards, and time frames for the exercise of municipal authority to regulate wireless telecommunications facilities; ensure that all telecommunications carriers providing facilities or services within the Town of Wales comply with the ordinances of the Town of Wales; ensure that the Town of Wales can continue to fairly and responsibly protect the public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.
B. 
This chapter shall be known and cited as the "Wireless Telecommunications Facilities Siting Ordinance" of the Town of Wales, Maine (hereinafter referred to as "this chapter").
This chapter is adopted pursuant to the enabling provisions of Article VIII, Part 2, Section 1, of the Maine Constitution; the provisions of 30-A M.R.S.A. § 3001 (Home Rule), and the provisions of the Planning and Land Use Regulation Act, 30-A M.R.S.A. § 4312 et seq.
This local land use ordinance applies to all construction and expansion of wireless telecommunications facilities, except as provided in § 196-3A.
A. 
Exemptions. The following are exempt from the provisions of this chapter:
(1) 
Emergency wireless telecommunications facility. Temporary wireless communication facilities for emergency communications by public officials.
(2) 
Amateur (ham) radio stations. Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC).
(3) 
Parabolic antenna. Parabolic antennas less than seven feet in diameter that are an accessory use of the property.
(4) 
Maintenance or repair. Maintenance, repair or reconstruction of a wireless telecommunications facility and related equipment, provided that there is no change in the height or any other dimension of the facility.
(5) 
Temporary wireless telecommunications facility. Temporary wireless telecommunications facility in operation for a maximum period of 180 days.
(6) 
Antennas as accessory uses. An antenna that is an accessory use to a residential dwelling unit.
The effective date of this chapter shall be the date of the 2005 Town Meeting of the Town of Wales held on June 11, 2005.
This chapter shall repeal the ordinance entitled "Wireless Telecommunications Facilities Siting Ordinance of the Town of Wales" adopted at the June 2000 Wales Town Meeting.