6-901.A. The purpose of this Division is to establish policies and procedures for the placement of small cell wireless facilities, as they are defined by this Division, and as they are allowed under applicable federal and state rules and regulations in effect at the time of the effective date of the ordinance codified in this Division and as may be amended. The purpose is also to ensure that the placement of small cell wireless facilities within the Town limits of the Town of Telluride will provide public benefits and will be consistent with the preservation of the integrity, safe usage, and visual qualities of the Town and its public rights-of-way.

6-901.B. This Division ensures that the siting and design of small cell wireless facilities are consistent with the Town’s Design Guidelines and Standards for Building in Telluride and support the Town’s designation as a National Historic Landmark District.

6-901.C. This Division establishes standards for the siting and design of small cell wireless facilities. As such, the provisions of this Division are intended to regulate and guide the installation of small cell wireless facilities infrastructure and to regulate and guide the installation of new small cell wireless facilities, when needed. It is the desire of the Town to encourage the development of an aesthetically pleasing local environment. It is the Town’s goal to encourage wireless providers to construct new facilities disguised through techniques of camouflage, concealment, and stealth design, as defined in this Division.

6-901.D. The Town intends this Division to ensure that the installation, augmentation, and relocation of small cell wireless facilities installations in the Town are conducted in such a manner as to lawfully balance the legal rights of applicants with the rights, safety, privacy, and security of residents of the Town while ensuring that development activity does not endanger public health, safety or welfare.

6-901.E. This Division is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any wireless telecommunications service provider’s ability to provide wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct, or modify wireless telecommunications service facilities on the basis of environmental effects of radio frequency emissions so long as such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the Town may not deny under federal or state law; or (6) otherwise authorize the Town to preempt any applicable federal or state law.