Section 6-904 Operational Standards
6-904.A. Federal Requirements. All small cell wireless facilities shall meet the current applicable standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate small cell wireless facilities. If standards and regulations are changed, the owners of the small cell wireless facilities shall bring such facility into compliance with such revised standards and regulations within the period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the small cell wireless facilities at the owner’s expense.
6-904.B. Small cell wireless facilities are permitted in the right-of-way. For small cell wireless facilities in the right-of-way, the applicant shall execute a master license agreement or similar form of authorization with the Town prior to seeking land use approval. Attachment of small cell wireless facilities on an existing structure shall require written evidence of a license, or other legal right or approval, to use such structure by the structure’s owner.
6-904.C. Operation and Maintenance. To ensure the structural integrity of the small cell wireless facility, the owner shall ensure that it is constructed and maintained in compliance with the standards contained in the Town of Telluride building, safety, and engineering codes. If, upon inspection, the Town concludes that the facility fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the facility, the owner shall have thirty (30) days from the date of notice to bring such small cell wireless facility into compliance. Upon good cause shown by the owner, the Town Manager may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring the facility into compliance within the said time period, the Town may remove such small cell wireless facility at the owner’s expense.
6-904.D. Abandonment and Removal. If a small cell wireless facility has not been in use for a period of three (3) months, the owner of the facility shall notify the Town of the nonuse and shall indicate whether reuse is expected within the ensuing three (3) months. Any small cell wireless facility that is not operated for a continuous period of six (6) months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned small cell wireless facility to be removed. The owner shall commence removal of the same within thirty (30) days of receipt of written notice from the Town unless the owner shall provide evidence, to the Town’s reasonable satisfaction, that the small cell wireless facility has in fact been operating within the applicable six (6) month period. If such facility is not removed within thirty (30) days, the Town may remove it at the owner’s expense and any approved permits for the small cell wireless facility shall be deemed to have expired. Additionally, the Town, in its sole discretion, shall not approve any new facility application until such facility or payment for such removal has been made to the Town.
6-904.E. Compliance with Applicable Law. Notwithstanding the approval of an application for new small cell wireless facilities as described herein, all work done pursuant to an application must be completed in accordance with all applicable building, structural, engineering, electrical and safety requirements as set forth in the Town of Telluride codes and any other applicable laws or regulations. In addition, all facilities shall comply with the following:
6-904.E.1. The facility shall comply with any permit or license issued by a local, state, or federal agency with jurisdiction over the small cell wireless facility.
6-904.E.2. The facility shall comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property.
6-904.E.3. The facility shall be maintained in good working condition and to the federal and local standards established at the time of application approval.
6-904.E.4. The facility shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) calendar days from the time of notification by the Town or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on a small cell wireless facility located in the public right-of-way or on public property may be removed by the Town at its discretion, and the owner and/or operator of the small cell wireless facility shall pay all costs of such removal.
6-904.E.5. The applicant shall provide a compliance report within forty-five (45) days after installation of a small cell wireless facility, demonstrating that as installed and in operation, the facility complies with all conditions of approval, applicable code requirements and standard regulations.
6-904.F. Signal Interference. All small cell wireless facilities shall be designed and sited, consistent with applicable federal regulations, so as not to cause material interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and nonresidential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the Town to monitor interference levels with public safety communications during this process.
6-904.G. Radio Frequency Standards. All small cell wireless facilities shall comply with federal standards for radio frequency emissions. The wireless provider or its representative shall certify that the small cell wireless facility is in compliance with applicable FCC Maximum Permissible Exposure (MPE) regulations, by submitting a site-specific nonionizing electromagnetic radiation (NIER) or electromagnetic energy (EME) report for the small cell wireless facility equipment type and model being installed at the site that is endorsed by a radio frequency engineer currently licensed in the State of Colorado, including a certification that the small cell wireless facility complies with all applicable radio frequency emission standards. The report shall specify approach distances to the general public and occupational workers at the ground and antenna centerline levels. If applicable, the report shall include instructions regarding powering off the equipment or contact information for a person who can power off the equipment. No significant changes to the power, location, RF emission patterns and/or emitting frequencies may be made without prior notification and approval.
6-904.H. Public Safety. All small cell wireless facilities shall comply with all applicable codes and local code provisions or regulations that concern public safety. Prior to unattended operations of the facility, the wireless provider must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the federal emissions safety rules for general population/uncontrolled RF exposure in all sectors. The wireless provider shall submit documentation of this testing to the Town within ninety (90) days after installation of the facility. RF emissions testing shall be conducted annually, and the wireless provider shall submit documentation of this testing to the Town within ninety (90) days after the testing is completed.
6-904.I. Hazardous Materials. No hazardous materials shall be permitted in association with small cell wireless facilities, except those necessary for the operations of the small cell wireless facility and only in accordance with all applicable laws governing such materials.
6-904.J. Collocation. No small cell wireless facility owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or site. Upon request by the Town, the owner or operator shall provide evidence explaining why collocation is not feasible at a particular facility or site.
6-904.J.1. Collocation of facilities with other providers is required by the Town of Telluride if the impact of the facilities is reduced by collocating. Collocation can be achieved as either building-mounted, roof-mounted, or ground-mounted facilities including by attaching to existing structures in the public right-of-way. In designing or retrofitting towers, applicants may consider the possibility of present or future collocation of other small cell wireless facilities by structurally oversizing to handle the loading capacity of additional small cell wireless facilities for the use of the applicant and for other wireless service providers to use as well. Applicants shall use good faith efforts to negotiate lease rights to other users who desire to use an approved small cell wireless facility site. Collocation on an existing support structure shall be permitted as an accessory use. Projections of any type on the monopole, which are not antennas or design elements to aid in camouflage, are strongly discouraged.
a. Multiple-use facilities, if functionally feasible, are encouraged. Small cell wireless facilities and equipment may be integrated into existing, replacement of existing, or newly developed facilities that are functional for other purposes, such as ball field lights, flagpoles, church steeples, street lighting, etc. All multiple-use facilities shall be designed to make the appearance of the antennas inconspicuous.
b. The collocation requirement may be waived by the Town upon a showing that the proposed use will interfere with the current use, or proposed use, of the right-of-way, will interfere with surrounding property or uses, the current or proposed user will not agree to reasonable terms, such collocation is not in the best interest of the public health, safety or welfare or collocation is not reasonably feasible from a technological, construction or design perspective.
6-904.K. Annual License Fee. A wireless provider shall pay to the Town an annual recurring license fee per the fee schedule adopted annually by the Town Council. The annual recurring license fee shall be payable on the first day after the first annual anniversary of the issuance of the permit, and on each annual anniversary date thereafter.