Section 6-908 Administrative Waiver
6-908.A. If necessary, to ensure that this Division does not have the effect of prohibiting the provision of wireless service, based on applicable state and federal law, any of the design standards may be waived or reduced by the Town Manager upon written request from the applicant that demonstrates all of the following waiver criteria:
6-908.A.1. The design standard prohibits or has the effect of prohibiting the provision of wireless service at the location because the standard will not allow the technology to function at that location.
6-908.A.2. There is no existing nearby structure for collocation or attachment that will provide the technological functionality, and which otherwise meets the design standard sought to be waived.
6-908.A.3. The proposal for varying from the design standard represents a reasonable and best approximation of the specific standard sought to be waived.
6-908.A.4. The proposed alternative does not and will not constitute or create any public safety, health, or welfare concern.
6-908.B. All waiver requests made by applicants shall be made in writing and supported by substantial evidence contained in a written record. Each of the criteria addressed above shall be addressed in the written request with references to supporting evidence. The Town Manager may require sworn affidavits be provided by qualified engineers to support any waiver requests based on technological requirements.
6-908.C. All waiver decisions shall be made in writing. If any design standard is approved for waiver, the small cell wireless facility proposed shall nevertheless meet all other applicable design standards not specifically waived in the Town Manager’s decision. Each waiver shall be site specific and shall not apply to any type or kind of small cell wireless facility generally.
6-908.D. If a waiver request is denied for failure to meet any of the criteria specified above and there is no alternative for installation of the small cell wireless facility at the particular location in a manner that meets the applicable design standards, then such application for the small cell wireless facility for such specific location shall be denied.
6-908.E. Additional Design Standards. The Manager is authorized to promulgate, through administrative regulations, additional design standards for small cell wireless facilities in the Town Manager’s discretion.