Danville Municipal Wireless Code

New Code (being proposed): § 32-70 WIRELESS COMMUNICATION FACILITIES.


ORDINANCE NO.2018.07

ZONING TEXT AMENDMENT (ZTA17-OOO2I, REPEALING THE EXISTING CHAPTERS}-7} OF THE DANVILLE MUNICIPAL CODE RELATED TO WIRELESS FACILITIES ORDINANCE

The Danville Town Council does ordain as follows:

SECTION 1. REPEALING CHAPTER 32.70 OF THE DANVILLE MUNICIPAL CODE.

Chapter 32-70 of the Danville Municipal Code is hereby repealed.

SECTION 2. ADDING A NEW CHAPTER 32.70 TO THE DANVILLE MUNICIPAL CODE.

A new Chapter 32-70 is hereby added to the Danville Municipal Code to read as follows:

32-70 WIRELESS COMMUNICATION FACLITIES (TOC)

  • 32-70.1 — Title
  • 32-70.2 — Purpose and intent
  • 32-70.3 — Defnitions
  • 32-70.4 — General
  • 32-76.5 — General Development Standards
  • 32-76.6 — Procedure for Approval of Wireless Communication Facilities

    • 32-76.6a. — General
    • 32-76.6b. — Review Process and Development Standards
  • 32-76.7 — Abandonment
  • 32-70.8 — Exceptions
  • 32-70.9 — Exemptions
  • 32-70.10 — Appeals
  • 32-70.11 — Remedies Not Exclusive
  • 32-70.12 — Severability

32.70 WIRELESS COMMUNICATION FACILITIES.

32-70.7 — Title.

This section shall be titled the "Wireless Communication Facilities Ordinance for the Town of Danville." (Ord. #96-08, S2)

32-70.2 — Purpose and Intent.

The purpose and intent of this section is to establish development standards to regulate the placement and design of wireless communication transmission facilities so as to preserve the unique visual character of the Town; to establish development standards which are consistent with state and federal law related to the development of wireless communication transmission facilities; to acknowledge the community benefit associated with the provision of wireless commununication services within the Town; to provide incentives for well-designed and well placed facilities; and to pursue additional benefit from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of wireless communication facilities. (Ord. #96-08, §2)

32-70.3 — Definitions.

a. Ancillary Equipment shall mean any wires, cables, meter boxes, cooling devices, cable, conduit, connectors, and. other equipment required to operate and support the operation of small cell wireless facilities.

b. Antenna shall mean any system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of radio frequency signals.

c. Base Station shall mean any structure or equipment at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communications network. Base Station includes the support structure, regardless of its primary purpose which may include buildings, water tanks, utility poles, light standards, distributed antenna system (DAS), and small cell support structures.

d. Colocation shall mean the location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a [cofiunon_xxx] location. Colocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures

e. CPUC shall mean the California Public Utilities Commission. The CPUC regulates privately-owned public utilities in the state of California

f. Equipment cabinet shall mean a cabinet or structure used to house equipment associated with a wireless communication facility.

g. Camouflaged or concealment shall mean a wireless telecommunications facility that is integrated as an architectural feature of an existing structure; or uses a design which mimics and is consistent with nearby natural or architectural features; or is incorporated into or replaces existing permitted facilities so that the presence of the wireless telecommunications facility is not readily apparent.

h. Existing shall mean a wireless facility that has been reviewed and approved under the applicable zoning process or under another regulatory review process and was lawfully constructed.

i. FCC shall mean Federal Communications Commission. The FCC is the primary authority for communications law, regulation, and technological innovation.

j. SmaII Cell Wireless Facility as detailed in Section 32-70.6.b.3.i of this section shall include facilities that are smaller low powered antennas [not specific enough_xxx] that are typically placed in the public right-of-way including on utility poles, street lights, and other similar facilities to provide an increased network capacity where coverage already exists.

k. Micro Cell shall be defined as a small cell facility and shall be no larger than twenty-four (24) inches long, fifteen (15) inches in width, twelve (12) inches in height, and has an exterior antenna, if any, no longer than eleven (11) inches.

l. Monopole shall mean a single freestanding pole, post, or similar structure used to support equipment associated with a single wireless communication facility.

m. Related equipment shall mean all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

n. Service provider shall mean any authorized provider of wireless communication services [unnecessarily technology-specific_xxx].

o. Tower shall mean a structure designed or constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy tower, or monopole towers. The term includes, but is not limited to, radio and television transmission, microwave towers, [conunon_xxx] carrier towers, cell towers, alternative tower structures and the like.

p. Vertical infrastructure shall mean all poles or similar facilities owned or controlled by the Town that are in public rights-of-way or public utility easements and meant for, or used in whole or in part for, communications service, electric service, lighting, traffic control, or similar functions.

q. Wireless communication facility shall mean an unstaffed facility, generally consisting of antennas, equipment cabinets or structures, and related equipment which receives and/or transmits radio frequency signals.

32-70.4 — General.

a. Wireless communication facilities are allowed in all zoning districts within the Town and may be subject to approval of a Land Use Permit application and, in some cases, a Development Plan application processed concurrently.

b. A proposed facility shall be exempt from the provisions of this section [xxx] and to the extent that, rules and regulations of the FCC or the provisions of a permit issued by the CPUC specifically provide that the facility is exempt from Town regulation.

c. All applications shall be reviewed and shall be in conformity with state and federal laws.

32-70.5 — General Development Standards.

The following development standards shall apply to the development of all new wireless communication facilities within the Town of Danville:

a. All wireless communication facilities and its operation must comply with applicable requirements of State and Federal law.

b. New wireless communication facilities shall be colocated with existing facilities and with other planned new facilities whenever feasible and [aesthetically_xxx] desirable.

c. Service providers are encouraged to collocate with other facilities such as water tanks, light standards, and other utility structures where the collocation is found to minimize the overall visual impact.

d. In order to facilitate colocation conditions of approval for land use permits for new facilities shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where found to be feasible and [aesthetically_xxx] desirable.

e. All wireless facilities and its related equipment shall be sited to be screened, concealed, or incorporated within the existing development, design topography, or vegetation to the extent feasible.

f. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts.

g. To the extent feasible, wireless facilities shall be visually compatible with surrounding structures, vegetation topography, and other natural features through effective site planning, screening, camouflaging, concealment, and design.

h. All wireless communications facilities, including antennas, poles, towers, and related exterior equipment shall be of a minimum functional height.

i. Ground mounted facilities are encouraged to be located within areas where substantial screening by existing vegetation can be achieved and shall utilize the smallest footprint as possible. Additional landscaping and irrigation where practical, or other screening techniques may be required.

j. Roof mounted equipment and antennas shall be located as far away as feasible and aesthetically desirable from the edge of the building. Antennas attached to a building shall be painted or otherwise treated to match the exterior of the building or the antennas’ background color.

k. Where feasible, the location of wireless communication facilities shall be encouraged to be located on publicly owned or controlled property or right-of-way.

l. Facilities proposed for installation within the public right-of-way and within private property shall obtain the requisite** building permits and or encroachment permit **prior to commencing work, including construction, installation and operation, as determined necessary by the Town.

m. All Land Use Permit approvals for wireless communication facilities shall be valid for an initial maximum period of ten (10) years. The Land Use Permits may be extended administratively by the Planning Division upon the verification of the Land Use Permit’s continued compliance with the findings and conditions of approval under which the application was originally approved.

n. A wireless communication receiving and transmission facility shall not adversely affect the public health peace or safety.

o. The Town shall have the right to inspect the facility to ensure compliance [with provider selected by which party and paid by which party_xxx[.

32-70.6 — Procedure for Approval of Wireless Communication Facilities.

32-70.6.a — General

  1. Small Cell facilities which conform to the development standards contained within Sub-Section 32-70.6.b.3,1 shall be exempt from the Land Use Permit application requirement.

  2. If any non-small cell proposed wireless communication facility in any zoning district does not conform to the development standards contained within Sub-Section 3270.5 of [xxx] for small cell facilities, 32-70.6.b.3.i of this section, submittal of a Land Use Permit application shall be required and the application shall be subject review by the Town under the public hearing review process or administrative review process, whichever is applicable.

  3. Major Ridgeline and Scenic Hillside Areas. In addition to the general development standards, facilities proposed to be located within a Town-identified Major Ridgeline or Scenic Hillside area shall be consistent with the requirements of the Town’s Major Ridgeline and Scenic Hillside Ordnance (Ordinance No. 29-84).

  4. An architectural addition proposed to accommodate a facility within the Downtown Business District shall be subject to architectural review provisions contained within the Town’s Downtown Business District Ordinance, including the requirement for approval of a Development Plan applicatiornif applicable. (Ord. #96-08, S2)

32.70.6.b — Review Process and Development Standards.

  1. Public Hearing Review Process. Except for conforming Small Cell facilities, all proposed Wireless Communication facilities located within a residential zoning district and,f or the Downtown Business District area, shall be subject to the General Development Standards contained in Sub-Section 32-70.5 and subject to review by the Town under a Land Use Permit application and subject to review by the Town’s Planning Commission during a noticed public hearing.

  2. Administrative Review Process.** Except for conforming Small Cell facilities**, all proposed Wireless Communication facilities within any zoning district except residential zoning districts and or the Downtown Business District zoning area, shall be subject to the General Development Standards contained in Sub-Section S270.5 and subject to review by the Town under a Land Use Permit application and under an administrative review process. The administrative review process shall include notification of surrounding property owners and the provision of a ten-day appeal period. Any proposed facility that does not comply with the applicable development standards shall be subject to review by the Planning Commission during a noticed public hearing.

  3. Ministerial Review Process. For all proposed Small Cell facilities that are consistent with the development standards contained within this section, a ministerial review process shall be conducted concurrently with the submittal of a building permit application, and shall be exempt from the Land Use Permit requirement and the associated submittal requirements. The Town shall review the building permit submittal to ensure it meets the standards outlined in this section. The failure to meet any one or more of the applicable standards listed below would necessitate the submittal of a Land Use Permit and review by the Town under the public hearing review process or administrative review process, whichever is applicable review process or administrative review process, whichever is applicable.

32.70.6.c — Small Cell Wireless Facility Development Standards

  1. Any small cell antenna(s) on the structure, excluding certain ancillary equipment as specified in this sub-section, shall total no more than six (6) cubic feet in volume, whether an array or separate.

  2. Any individual piece of any ancillary equipment, except those specified in this sub-sectiory on pole structures shall does not exceed nine (9) cubic feet.

  3. The cumulative total of any ancillary equipment, except those specified in this sub-sectiory on pole structures shall not exceed twenty-one (21) cubic feet.

  4. The cumulative total of any ground-mounted equipment along with all ancillary equipmenf except those specified in this sub-section, on any pole or non-pole structure shall not exceed thirty-five (35) cubic feet.

  5. Height. The height of small cell facilities shall not exceed i) the minimum separation from supply lines required by CPUC General Order 95, as may be amended or superseded, plus four (4) feet or ii) Six (6) feet above the height of the existing support structure. For small cell facilities located within the Downtown Business District area, the height shall be the same as described above or a maximum of maximum of thirty-five (35) feet, whichever is less.

  6. PoIe Design. All small cell wireless facility pole installations shall be sufficiently designed and engineered such that no additional supporting hardware is required in addition to the pole itself. All Ancillary equipment and wires shall be concealed within the poles, whenever possible, or enclosed within the conduit and compatible with the pole. A small cell facility affixed to an existing light pole shall be painted and or textured to match that structure.

  7. Non-Reflective Materials. Small cell wireless facilities shall be constructed out of non-reflective materials, or materials and colors consistent with the surrounding environment.

  8. Design Preservation. Applicants are responsible for maintaining and preserving approved design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including but not limited to color, tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment. Small cell facilities are strongly discouraged to be installed on the decorative single and double acorn street lights within the Downtown Business District area.

  9. Ground mounted equipment shall be screened with vegetation or other forms of concealment to mitigate any visually intrusive impacts, as determined necessary by the Town.

  10. For the purposes of this sub-section the following types of ancillary equipment are excluded from the calculation of equipment volume:

    •    a. Electric meters and any required pedestal;

    •    b. Concealment elements such as a stealth facility;

    •    c. Any telecommunications demarcation box;

    •    d. Grounding equipment, power transfer switch;

    •    e. Cutoff switch; f. Vertical cable runs for the connection of power and other services; and g. Equipment concealed within an existing building or structure.

  11. Small cell facility installations within the public right-of-way shall obtain the applicable building or an encroachment permit prior to commencing work, including construction installation and operation. The Town shall have the right to inspect the facility to ensure compliance with all conditions of the permit.

  12. Small cell facilities proposed for installation upon vertical infrastructure. owned by the Town shall obtain an encroachment permit prior to commencing work and shall also be subject to the execution of a master lease agreement between the City and the wireless carrier.

  13. Applicant or owner of small cell facility shall be responsible for repairing to Town standard specifications or replacing in-kind any Town facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of the small cell facility and any support infrastructure.

  14. Each small cell facility described in this section shall be relocated at applicant’s or owner’s sole cost upon demand by the Town with reasonable notice, to allow for public projects, services or improvements.

  15. An applicant or owner desiring to vacate a small cell facility shall comply with the requirements of Section 32-70.7 entitled "Abandonment."

32-70.7 — Abandonment.

All equipment associated with a wireless communication facility shall be removed within ninety (90) days of the discontinuation of the use and the site shall be restored to its original pre-construction condition. In addition, the service provider shall provide the Town with a notice of intent to vacate a site a minimum of ninety (90) days prior to the vacation. For facilities to be located on public property, this removal requirement shall be included within the terms of the lease. For facilities to be located on private property/ since the subject property owner shall be ultimately responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease. The Chief of Planning may cause the facility to be removed at the owners’ expense.

32-70.8 — Exceptions.

a. Any proposed wireless communication receiving and transmitting facility which is not consistent with the development standards contained within this section shall require approval of an exception by the Planning Commission during a noticed public hearing.

b. The Planning Commission may grant an exception to waive any provision of this section where found necessary to allow for the adequate development of facilities to serve all areas within the Town. (Ord. #96-08, 92)

32-70.9 — Exemptions.

a. The Chief of Planning may find that certain types of wireless communication facilities and, systems are exempt from the requirements of this section and do not require Land Use Permit approval. Exempt facilities shall include private noncommercial wireless communication systems or facilities which are contained entirely on-site for the purpose of serving the premises on the site and having no potential visual, noise, thermal or radio frequency interference on surrounding properties. (Ord. #96-08, S2).

b. Small cell micro wireless facilities that are owned or operated by an existing franchisee authorized to operate such facilities under an existing franchise as defined under 47 U.S.C. 5522(9) and that are suspended, whether embedded or attached, on communication cables strung between utility poles in compliance with the state safety codes shall be exempt from the provisions of this chapter, including any requirement for an encroachment permit.

32-70.10 — Appeals

Land Use Permits for wireless communications facilities under this chapter may be appealed for cause within ten (10) days of project approval in accordance with Section 32-4.7 of the Danville Municipal Code and where the appropriate appeal fee is submitted

32-70.11. — Remedies Not Exclusive.

The remedies in this article are not exclusive. The Town may rely on any remedy authorized by law. (Ord. #96-08, S2)

32-70.12 — Severability.

The Town Council hereby declares that every section, paragraph, sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this article is for any .reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. (Ord. #96-08, S2)

SECTION 3. CODIFICATION.

Section 2 of this ordinance shall be codified,in the Danville Municipal Code.

SECTION 4. PUBLICATION AND EFFECTM DATE.

The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption.

SECTION 5. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid.

Original Code: (being replaced)§ 32-70 WIRELESS COMMUNICATION FACILITIES.

Original link here.

§ 32-70.1 Title.

This section shall be titled the "Wireless Communication Facilities Ordinance of the Town of Danville." (Ord. #96-08, §2)

§ 32-70.2 Purpose and Intent.

The purpose and intent of this section is to establish development standards to regulate the placement and design of wireless communication transmission facilities so as to preserve the unique visual character of the Town; to establish development standards which are consistent with federal law related to the development of wireless communication transmission facilities; to acknowledge the community benefit associated with the provision of wireless communication services within the Town; and to provide incentives for well designed and well placed facilities; and to pursue additional benefit from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of wireless communication facilities. (Ord. #96-08, §2)

§ 32-70.3 Definitions.

a. Antenna means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.

b. Collocation means the location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. Collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures.

c. Equipment cabinet means a cabinet or structure used to house equipment associated with a wireless communication facility.

d. Monopole means a single freestanding pole, post, or similar structure used to support equipment associated with a single wireless communication facility.

e. Related equipment means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

f. Service provider means any authorized provider of wireless communication services.

g. Wireless communication facility means an unstaffed facility, generally consisting of antennas, an equipment cabinet or structure, and related equipment, which receives and/or transmits radio frequency signals. (Ord. #96-08, §2)

§ 32-70.4 General.

Wireless communication facilities may be allowed in all zoning districts within the Town, subject to approval of a land use permit application and consistent with the development standards established under this section. (Ord. #96-08, §2)

§ 32-70.5 Development Standards.

(Ord. #96-08, §2)_xxx

§ 32-70.6 General Development Standards.

The following development standards shall apply to the development of all new wireless communication facilities within the Town of Danville:

a. New wireless communication facilities shall be collocated with existing facilities and with other planned new facilities whenever feasible and aesthetically desirable. In addition, where feasible and aesthetically desirable, service providers are encouraged to collocate with other facilities such as water tanks, light standards, and other utility structures where the collocation is found to minimize the overall visual impact. In order to facilitate collocation, conditions of approval for land use permits for new facilities shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where found to be feasible and aesthetically desirable.

b. All ground mounted wireless communication equipment, antennas, poles, or towers shall be of a minimum functional height.

c. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts.

d. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened, by existing development, topography, or vegetation, to the extent feasible. Ground mounted facilities are encouraged to be located within areas where substantial screening by existing vegetation can be achieved. Additional new vegetation, and irrigation where practical, or other screening may be required as a condition of approval for the permit.

e. Roof mounted equipment and antennas shall be located as far away as feasible and aesthetically desirable from the edge of the building. Antennas attached to a building shall be painted or otherwise treated to match the exterior of the building or the antenna’s background color.

f. Where feasible, the location of wireless communication facilities shall be encouraged to be located on publicly owned or controlled property or right-of-way.

g. All Land Use Permit approvals for wireless communication transmission sites shall be valid for an initial maximum period of five years. The Land Use Permits may be extended administratively by the Planning Division upon the verification of the Land Use Permit’s continued compliance with the findings and conditions of approval under which the application was originally approved.

h. All equipment associated with a wireless communication facility shall be removed within thirty (30) days of the discontinuation of the use and the site shall be restored to its original preconstruction condition. In addition, the service provider shall provide the Town with a notice of intent to vacate a site a minimum of thirty (30) days prior to the vacation. For facilities to be located on public property, this removal requirement shall be included within the terms of the lease. For facilities to be located on private property, since the subject property owner shall be ultimately responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease.

i. A wireless communication receiving and transmission facility shall not adversely affect the public health, peace or safety.

j. For service providers who plan to establish multiple wireless communication facilities within the Town, the service provider is encouraged to apply for approval of all facilities under a master Land Use Permit application. Under this approach, all proposed facilities may be acted upon by the Town as a single application.

k. For proposed facilities which do not meet the development standards contained within this section, if the Planning Commission finds that, due to the noncompliance, the proposed facility may create a significant impact to the neighborhood, the Planning Commission may require an independent third party review, at the expense of the applicant, to confirm the radio frequency needs of the applicant. (Ord. #96-08, §2)

§ 32-70.7 Downtown Business District Development Standards.

In addition to the general development standards, the following development standards apply to properties within the Town’s Downtown Business District as defined by Town Ordinance No. 94-08.

a. All proposed wireless communication facilities within the Town’s Downtown Business District shall be completely screened from the view of surrounding properties or otherwise not be generally perceptible. Screening may include designs such as locating the facility within attics, steeples, towers, behind and below parapets, or concealed within a new architectural addition to a building or structure which is architecturally compatible with the building. If a new architectural addition is proposed to accommodate a facility, then the project will be subject to all architectural review provisions contained within the Town’s downtown business district ordinance, including Development Plan and Design Review approval. (Ord. #96-08, §2)

§ 32-70.8 Major Ridgeline Areas Development Standards.

In addition to the general development standards, facilities proposed to be located within a Town identified as a major ridgeline area, as defined within the Town’s Major Ridgeline and Scenic Hillside Development Ordinance (Ordinance No. 29-84), shall comply with the following development standards:

a. No wireless communication facility shall be located within one hundred (100′) vertical feet of a Town identified major ridgeline, unless an exception is granted by the Planning Commission. The Planning Commission may grant an exception if it finds that:

  1. Due to the specific location and design of the proposed facility, the facility will** not be visible from surrounding properties** or public view.

  2. Due to existing development or existing landscaping at the site, the proposed facility will be substantially screened from the view of surrounding properties and public view and will not result in an adverse visual impact.

b. Special design considerations, such as designing facilities to appear as natural features found in the immediate area, such as trees or rocks, may be considered in approving facilities within major ridgeline and scenic hillside areas. (Ord. #96-08, §2)

§ 32-70.9 Residential Districts.

In addition to the general development standards, wireless communication facilities which are proposed to be located within residential zoning districts shall comply with the following development standards:

a. All facilities shall be substantially screened from the view of surrounding properties and the public view or collocated with existing facilities or structures so as not to create substantial additional visual, noise, or thermal impacts. Antennas are encouraged to be located within areas where substantial screening by existing vegetation can be achieved. (Ord. #96-08, §2)

§ 32-70.10 Review and Approval.

Review and approval of Land Use Permit applications for wireless communication receiving and transmission facilities as required under this section is as follows:

a. For all Town zoning districts, except the Downtown Business District and residential districts, if a proposed facility is found to be consistent with all development standards contained within this section, the Land Use Permit may be approved administratively upon notification to property owners within a three hundred (300) foot radius of the proposed site.

b. For proposed facilities within the Town’s Downtown Business District or residential zoning districts, or any proposed facility which requires an exception from any provision of this section, the application shall require review and approval by the Planning Commission during a noticed public hearing. (Ord. #96-08, §2)

§ 32-70.11 Exceptions.

a. Any proposed wireless communication receiving and transmitting facility which is not consistent with the development standards contained within this section, shall require approval of an exception by the Planning Commission during a noticed public hearing.

b. The Planning Commission may grant an exception to waive any provision of this section where found necessary to allow for the adequate development of facilities to serve all areas within the Town.
(Ord. #96-08, §2)

§ 32-70.12 Exemptions.

The Chief of Planning may find that certain types of wireless communication facilities and systems are exempt from the requirements of this section and do not require Land Use Permit approval. Exempt facilities shall include

  • private noncommercial wireless communication systems or
  • facilities which are contained entirely on-site for the purpose of serving the premises on the site and having no potential visual, noise, thermal or radio frequency interference on surrounding properties. (Ord. #96-08, §2)

§ 32-70.13 Remedies Not Exclusive.

The remedies in this article are not exclusive. The Town may rely on any remedy authorized by law. (Ord. #96-08, §2)

§ 32-70.14 Severability.

The Town Council hereby declares that every section, paragraph, sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this article is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. (Ord. #96-08, §2)