12.05.010 Purpose, intent, and application.
A. The purpose of this chapter is to regulate the installations and operations of various wireless telecommunications facilities (“WTFs”) in the town recognizing the benefits of wireless telecommunications while reasonably respecting other important town needs, including the protection of public health, safety and welfare.
B. The overarching intent of this chapter is to make wireless telecommunications reasonably available while preserving the essential rural character of the town. This will be realized by:
1. Minimizing the visual and physical effects of WTFs through appropriate design, siting, screening techniques, and location standards,
2. Encouraging the installation of WTFs at locations where other similar facilities already exist, and
3. Encouraging the installation of such facilities where and in a manner such that potential adverse impacts to the town are minimized.
C. To allow the town to better preserve the established rural character of the town, it is the intent to limit the duration of WTF permits, in most cases, to terms of ten years, and to reevaluate existing WTFs at the end of each term.
D. It is not the purpose or intent of this chapter to:
1. Prohibit or to have the effect of prohibiting wireless telecommunications services, or to regulate the placement, construction or modifications of WTFs on the basis of the environmental effects of radio frequency (RF) emissions where it is demonstrated that the WTF does or will comply with the applicable FCC regulations, or
2. Unreasonably discriminate among providers of functionally equivalent wireless telecommunications services.
E. This chapter does not apply to WTFs owned by or exclusively operated for government agencies, amateur radio stations, satellite dish or other television antennas or other over-the-air receiving device (OTARD) antennas, or towers as defined and governed by this chapter, except to the extent that such towers may be used to support WTFs.
F. Nothing in this chapter is intended to allow the town to preempt any state or federal law or regulation applicable to a WTF.
G. The provisions of this chapter are in addition to, and do not replace, obligations a WTF permit holder may have under franchises, licenses, or other permits issued by the town. (Ord. 613 (part), 2015; Ord. 612 (part), 2015)