[Amended 6-13-2026]
An application for approval by the Planning Board under § 196-9 must meet the following standards.
A. 
Priority of locations. New wireless telecommunications facilities must be located according to the priorities below. The applicant shall demonstrate that a facility of a higher priority cannot reasonably accommodate the applicant's proposed facility.
(1) 
Colocation on an existing wireless telecommunications facility or other existing structure on "Oak Hill," so-called, located easterly of Route 126 and westerly of "Oak Hill Road," so-called.
(2) 
A new facility on "Oak Hill," so-called.
(3) 
A new facility on public or private property in the Town of Wales.
B. 
Design for colocation. A new wireless telecommunications facility and related equipment must be designed and constructed to accommodate expansion for future colocation of at least three additional wireless telecommunications facilities or providers. However, the Planning Board may waive or modify this standard where the district height limitation effectively prevents future colocation.
C. 
Height. A new wireless telecommunications facility must be no higher than the existing towers on Oak Hill in the Town of Wales, if the facility is located on Oak Hill, or 190 feet in height if located on other property in the Town of Wales.
D. 
Setbacks. A new or expanded wireless telecommunications facility must comply with the setback requirements for the zoning district in which it is located, or be set back 105% of its height from all property lines, whichever is greater. The setback may be satisfied by including the areas outside the property boundaries if secured by an easement. The following exemptions apply:
(1) 
The setback may be reduced by the Planning Board upon a showing by the applicant that the facility is designed to collapse in a manner that will not harm other property.
(2) 
An antenna is exempt from the setback requirement if it extends no more than five feet horizontally from the edge of the structure to which it is attached and it does not encroach upon an abutting property.
E. 
Landscaping. A new wireless telecommunications facility and related equipment must be screened with plants from view by abutting properties, to the maximum extent practicable. Existing plants and natural land forms on the site shall also be preserved to the maximum extent practicable.
F. 
Fencing. A new wireless telecommunications facility must be fenced to discourage trespass on the facility and to discourage climbing on any structure by trespassers.
G. 
Lighting. A new wireless telecommunications facility must be illuminated only as necessary to comply with FAA or other applicable state and federal requirements. However, security lighting may be used as long as it is shielded to be down-directional to retain light within the boundaries of the site, to the maximum extent practicable.
H. 
Color and materials. A new wireless telecommunications facility must be constructed with materials and colors that match or blend with the surrounding natural or built environment, to the maximum extent practicable. Unless otherwise required, muted colors, earth tones, and subdued hues shall be used.
I. 
Structural standards. A new wireless telecommunications facility must comply with the current ANSI/TIA 222-I, Structural Standard for Antenna Supporting Structures, Antennas and Small Wind Turbine Support Structures Standard.
J. 
Visual impact:
(1) 
The proposed wireless telecommunications facility will have no unreasonable adverse impact upon designated scenic resources within the Town, as identified either in the municipally adopted Comprehensive Plan or by a state or federal agency.
(2) 
In determining the potential unreasonable adverse impact of the proposed facility upon the designated scenic resources, the Planning Board shall consider the following factors:
(a) 
The extent to which the proposed wireless telecommunications facility is visible above tree line from the viewpoint(s) of the impacted designated scenic resource;
(b) 
The type, number, height, and proximity of existing structures and features, and background features within the same line of sight as the proposed facility;
(c) 
The extent to which the proposed wireless telecommunications facility would be visible from the viewpoint(s);
(d) 
The amount of vegetative screening;
(e) 
The distance of the proposed facility from the viewpoint and the facility's location within the designated scenic resource; and
(f) 
The presence of reasonable alternatives that allow the facility to function consistently with its purpose.
K. 
Noise. During construction, repair, or replacement, operation of a backup power generator at any time during a power failure and testing of a backup generator between 8:00 a.m. and 9:00 p.m. is exempt from existing municipal noise standards.
L. 
Historic and archaeological properties. The proposed facility, to the greatest degree practicable, will have no unreasonable adverse impact upon a historic district, site or structure which is currently listed on or eligible for listing on the National Register of Historic Places.
The following standard conditions of approval shall be a part of any approval or conditional approval issued by the Planning Board. Where necessary to ensure that an approved project meets the criteria of this chapter, the Planning Board can impose additional conditions of approval. Reference to the conditions of approval shall be clearly noted on the final approved site plan, and shall include:
A. 
The owner of the wireless telecommunications facility and his or her successors and assigns agree to:
(1) 
Respond in a timely, comprehensive manner to a request for information from a potential colocation applicant in exchange for a reasonable fee, not in excess of the actual cost of preparing a response;
(2) 
Negotiate in good faith for shared use of the wireless telecommunications facility by third parties;
(3) 
Allow shared use of the wireless telecommunications facility if an applicant agrees, in writing, to pay reasonable charges for colocation.
(4) 
Require no more than a reasonable charge for shared use of the wireless telecommunications facility, based on community rates and generally accepted accounting principles. This charge may include, but is not limited to, a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. The amortization of the above costs by the facility owner shall be accomplished at a reasonable rate over the lifespan of the useful life of the wireless telecommunications facility.
B. 
Upon request by the municipality, the applicant shall certify compliance with all applicable FCC radio frequency emissions regulations.