§ 158.200. Personal wireless service facilities.

(A)

Purpose and legislative intent. Federal and state laws recognize the town's authority to regulate the placement, construction, and modification of personal wireless service facilities. The town recognizes that personal wireless service facilities play an important and complex role in the community. The intent of this section is to ensure that the placement, construction or modification of personal wireless service facilities is consistent with the town's land use policies and balances the community needs. This section strives to establish a fair and efficient application process, mitigate impacts of personal wireless service facilities, provide a high quality of service that is technically viable and meets the current industry standards of service, and protect the health, safety and welfare of the residents and visitors of the town.

(B)

Hierarchy of personal wireless service facility preferences. The town has established the hierarch set forth below for personal wireless service facilities, with (1) being the most preferred and (4) being the least preferred. More preferred facilities require fewer approvals and are subject to fewer restrictions.

(1)

An antenna located on or in an existing building, whether or not a co-location (see subsections 158.201(A)(2), (3) and (5)).

(2)

The co-location of an antenna on an existing freestanding facility (see subsection 158.201(A)(4)).

(3)

Facilities primarily mounted on existing utility poles and/or light fixtures, such as DAS or similar applications (see subsection 158.201(B)).

(4)

Freestanding facilities (see subsection 158.201(C)).

(C)

Prohibited personal wireless service facilities. Self-supporting lattice towers, guyed towers, and all freestanding facilities not meeting the requirements of subsection 158.201(C) are prohibited.

(D)

Priority determination. If the proposed personal wireless service facility is not one of the three highest priorities listed, a detailed explanation and technical justification shall be provided as to why each of the higher priority facilities was not selected. This must include documentation that any existing personal wireless service facility (whether owned by the applicant or not) located within a two-mile radius of the proposed location is physically and/or technically unable to support collocation of additional personal wireless service equipment, that the existing facility is insufficient, or that the existing facility does not meet the engineering requirements of the applicant.

(E)

Generally applicable review procedures and timeframes.

(1)

The planning and zoning official shall notify the applicant for a personal wireless service facility within 20 days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted in accordance with the requirements of this Zoning Code. An application for personal wireless service facility is deemed properly completed and properly submitted when it is verified that the information contained within the application is true, accurate, and contains all applicable information needed to make a determination as to the merits of the request. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the town shall again have 20 days to notify the applicant, in writing, of any remaining deficiencies that must be cured. If the applicant does not cure the deficiencies within 30 days, the application shall be considered withdrawn and closed.

(2)

An application is deemed submitted or resubmitted on the date the application is received by the town. If the town does not notify the applicant in writing that the application is not completed in compliance with this Zoning Code within 20 days after the date the application is initially submitted or resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted.

(3)

Applications for a co-location shall be processed within 45 days after an application has been properly completed and properly submitted. Applications for new personal wireless service facilities, including freestanding facilities, shall be processed within 90 days after an application has been properly completed and properly submitted.

(4)

The timeframes stated in this subsection may be extended or tolled by mutual agreement of the town and applicant.

(5)

The final decision approving or denying an application shall be in writing and supported by "substantial evidence" pursuant to the Telecommunications Act, 47 U.S.C. § 332(c)(7)(B)(iii).

(6)

Applications must demonstrate that no portion of any abutting, adjoining, or nearby residentially zoned property will be exposed to radio frequency (RF) emissions exceeding the federal safety limits for RF emissions. Once installation has been completed for any personal wireless service facility, a post-construction RF energy testing study must be conducted and submitted to the town demonstrating that the personal wireless service facility complies with this provision and all federal safety standards for RF energy exposure.

(F)

Variances, waivers and departures. Variances, waivers, departures or other methods of relief from the provisions of the Code shall not be granted for personal wireless service facilities.

(G)

During a declared emergency within the town, the town manager is authorized to allow the placement and operation of temporary personal wireless service facilities within any zoning district for a period not to exceed 90 days. Placement and operation of temporary personal wireless service facilities beyond the 90-day limit may be granted by the town commission if deemed necessary for the health, safety, and welfare of the public due to extended disruption in services after a declared emergency.

(Ord. 97-23, passed 11-3-97; Amd. Ord. 04-09, passed 7-12-04; Amd. Ord. 07-23, passed 9-10-07; Ord. 2009-11, passed 12-7-09; Ord. 2012-08, passed 7-2-12; Ord. 2013-18, passed 6-30-14; Ord. 2016-12, passed 7-5-16)