Section 7-214 Wireless Telecommunications Services, Facilities and Equipment
7-214.A. Purpose. The purpose of this section is to provide design standards for wireless telecommunication facilities to ensure their compatibility with surrounding development. Predictable and balanced standards for the siting and screening of wireless telecommunication services, facilities, and equipment are necessary to:
7-214.A.1. Preserve the character and aesthetics of areas in close proximity to the facilities and equipment;
7-214.A.2. Protect the health, safety, and welfare of persons living and working in the area surrounding services, facilities, and equipment;
7-214.A.3. Facilitate the Town’s permitting process to encourage fair and meaningful competition between service providers, and to extend high quality wireless communication services at reasonable costs; and,
7-214.A.4. Encourage the joint use, clustering, and concealment of antenna sites and structures to the maximum extent practical, and to avoid unnecessary proliferation of facilities and equipment.
7-214.B. Applicability. These provisions and criteria do not apply to noncommercial satellite dish antennas, as well as radio and television transmitters and antennas incidental only to residential use. In addition, these provisions do not apply to small cell wireless facilities governed by Article 6 Division 9 of this Land Use Code. Wireless telecommunications equipment that: (1) extends less than eighteen inches (18'') from the highest vertical surface to which it is attached; (2) extends less than thirty-six inches (36'') from the horizontal exterior surface to which it is attached; and (3) is less than five hundred seventy-six (576) square inches (four (4) square feet) in perceived or projected size, shall be exempt from these provisions. These latter dimensional limits shall only apply to solitary, unrelated fixtures spaced at least twenty-five feet (25') apart.
7-214.C. Procedure. Prior to acquisition of a building permit to permit installation of wireless telecommunication facilities the design of such facilities and equipment shall be submitted for approval as a Minor Activity, as applicable under Sections 7-203.B.3.d.12 and 7-211 of this code. The procedure for the review of such facilities and equipment is further subject to the standards and supplemental review referral process described in Article 5, Division 2 of this Title.
7-214.D. Application Contents. In addition to the minimum application contents specified under Section 5-202.C. of this Title, an application for approval of a new, modified, or additional wireless telecommunication facilities shall include the following:
7-214.D.1. A site plan drawn at a minimum scale of one inch equals twenty feet (1" = 20'), or at another scale that may be approved by the Planning Director, with photos or drawings accurately representing existing and proposed conditions, specifying the location of antennas, support structures, transmission buildings, and other accessory structures, uses, access, parking, fences, signs, existing and proposed landscaping, and lighting, as well as all adjacent land uses within one hundred feet (100').
7-214.D.2. Site improvement survey, including topography, vegetation, and easements, certified by a land surveyor registered in the State of Colorado.
7-214.D.3. Elevation drawings or before and after simulations/drawings specifying the height and location of antennas, support structures, transmission building(s), and any accessory uses, fences, or signs.
7-214.D.4. Lighting plan or photometric study indicating the size, height, location, and wattage of all proposed outdoor lighting sources. This requirement may be waived if little or no outdoor lighting is proposed.
7-214.D.5. Structural Integrity Report from a professional engineer licensed in the State of Colorado that documents tower height and design, total anticipated capacity of the structure, failure characteristics, and specific design/reconstruction plans to allow shared use.
7-214.D.6. Statement from the Federal Communications Commission (FCC), or applicable federal agency, that the application complies with the regulations of the FCC or applicable federal agency with regard to maximum radio frequency and electromagnetic frequency emissions, or a statement from the applicant that no such compliance is necessary, and the reasons therefore.
7-214.D.7. Written documentation in the form of signed affidavit demonstrating a good faith effort to locate facilities pursuant to the site selection order of preference noted under Section 7-214.D. below. If deemed necessary by the Planning Director, evidence that an effort was made to locate on an existing wireless telecommunications services facility including coverage/interference analysis and capacity analysis and a brief statement as to other reasons for success or lack thereof.
7-214.D.8. A master development plan outlining the service provider’s plan for future facilities in the next five years. The master development plan shall identify the approximate locations of future facilities and area of service, but is not required to detail the specific type of facility.
7-214.D.9. If deemed necessary, the applicant shall erect a visual device which is structurally sound and which specifically identifies the height and mass of the proposed facilities. The visual device shall be erected at least seventy-two (72) hours prior to any approval.
7-214.E. General Requirements and Provisions. The following provisions shall apply to all applications for wireless telecommunications facilities and equipment, excluding small cell wireless facilities governed by Article 6 Division 9 of this Land Use Code:
7-214.E.1. Towers, typically consisting of a structure with three (3) or four (4) support legs, and typically using lattice work for lateral support, shall be prohibited. Freestanding towers shall be prohibited in all residential zones.
7-214.E.2. Siting of facilities and equipment shall follow the following order of preference: first, on existing structures; second, in locations where existing topography, vegetation, or structures provide adequate screening; third, on Town-owned or controlled property; and fourth, on vacant ground with low visibility.
7-214.E.3. Types of facilities and equipment shall follow the following order of preference: first, concealed façade attached; second, roof attached or above roof line; third, unconcealed façade attached; fourth, street pole attached; and fifth, freestanding tower.
7-214.E.4. Radio interference shall be prohibited.
7-214.E.5. Leasing of publicly-owned structures, multi-use facilities, and co-location, or sharing of facilities with other service providers is encouraged.
7-214.E.6. All equipment and facilities shall be maintained in the safe and responsible manner, free from graffiti, debris, and litter.
7-214.E.7. All required approvals will be in effect only so long that the facilities and equipment are in operation on the site. A written notice of a decision to abandon a facility shall be provided to the Town Planning Director within 30 days that use is discontinued.
7-214.E.8. All wireless communication facilities and equipment shall be removed within 30 days of discontinuance of use. A landowner who fails to secure removal of abandoned or discontinued equipment shall be deemed in violation of the Land Use Code.
7-214.E.9. Approval by the Town of a wireless communication facilities and equipment shall not be construed to waive any applicable zoning or other regulations.
7-214.F. Review Standards. In addition to the standards contained in the Town Design Guidelines, the following standards shall apply. Notwithstanding the following, height, setback, and landscaping standards may be waived or varied for stealth or camouflaged facilities deemed not visible to the naked eye, if deemed appropriate within review and approval. Stealth or camouflaged facilities shall provide a determination by a licensed structural engineer that failure will occur within property boundaries.
7-214.F.1. Height.
a. Roof attached facilities shall not exceed five feet above the highest portion of the roof membrane. However, the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of roof membrane, not including parapet walls.
b. Facade attached facilities shall not exceed five feet above the facade to which it is attached.
c. Street pole attached facilities may only extend six feet above the existing street pole. A maximum extension of fifteen (15), from the top of the street pole, may be permitted if a utility disturbance can be clearly demonstrated.
7-214.F.2. Setbacks. All facilities shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:
a. Street Pole Attached. No setback when constructed within the public right-of-way.
b. Facade Attached. The maximum projection shall be eighteen (18) inches. The location of a facility on the wall of a legal non-conforming structure is permitted. However, the facility shall not be located on an exterior wall in a manner that will increase the degree of nonconformity.
c. Roof attached. Facilities shall be set back from the edge of the building the height of the antenna and support system as measured from the roof membrane, or ten (10) feet from the edge of the building, whichever is less.
d. Freestanding Tower. Setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Towers shall be set back from all property lines one hundred twenty-five (125) percent of the tower height as measured from ground level.
e. Equipment Enclosure. Underground vaults or above ground structures shall comply with the setback requirements of the underlying zoning district.
f. No freestanding facilities or equipment enclosures shall be located between the face of a structure and a public street, trail, park or residential development, except for approved facade-attached facilities located on existing or new permitted structures in accordance with this Chapter.
7-214.F.3. Evaluation Standards. The following design criteria shall be addressed by each applicant seeking wireless communication facility permit approval:
a. All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening and camouflage, to be compatible with existing architectural elements and building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objectives.
b. Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background.
c. Facilities shall be located on buildings, walls or roofs, shall blend with the existing building’s architecture by painting or shielding with material which is consistent with the design features and materials of the building.
d. Support structures and equipment enclosures shall be installed so as to maintain and blend with existing landscaping on-site, including trees, foliage and shrubs, whether or not utilized for screening.
e. Additional landscaping and screening shall be installed to visually screen the support structures and above ground equipment enclosures. Landscaping and screening shall consist of any combination of trees, foliage, decorative walls or fences, other features, or shrubs of dense spacing.
f. Upon completion, the owner(s)/operator(s) of the facility shall be responsible for the continued maintenance and replacement of all required landscaping and screening materials.
7-214.F.4. Parking. None, unless the facility is not fully automated, in which case one (1) space shall be required.
7-214.F.5. Access. In addition to ingress and egress requirements of the Uniform Building Code, access to and from facilities and equipment shall be regulated as follows:
a. No facilities or equipment shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any way impairs, the functionality of a required parking space.
b. The facilities shall be secured from access by the general public but access for emergency services must be ensured. Access roads shall comply with Fire District standards for emergency vehicular access.
7-214.F.6. Environmental Standards.
a. Facilities shall not be located in wetlands. Facilities shall also be avoided whenever possible in wetland buffer areas and disturbance to wetland buffer areas shall be minimized.
b. Facilities shall not be located within river and river park corridor setbacks.
c. Facilities locating within the floodplain shall comply with the additional placement standards as identified within this Title and provide proof of FCC acceptance of the proposed location.
d. Above ground equipment for facilities, exclusive of roof and facade attached facilities, shall not generate noise in excess of fifty (50) decibels (db) at the property line.
e. Roof or facade attached equipment for facilities shall not generate noise in excess of fifty (50) db at ground level at the base of the structure closest to the antenna.
7-214.F.7. Facility Specific Standards. Street pole and façade attached facilities shall meet the following conditions and criteria in addition to the other standards identified in this Section.
a. Facade attached facilities. Equipment enclosures shall be located within the structure in which the facility is placed or located underground if site conditions permit.
b. Street pole attached facilities.
(1) Only one facility shall be permitted on any one street pole. The antenna shall be equal to or less than six feet in height, including the support system, if any. Surface area of an antenna shall not exceed five hundred eighty (580) square inches. The antenna shall be either fully concealed within the street pole or camouflaged to appear to be an integrated part of the street pole. An antenna not flush mounted on the side of the street pole shall be centered on the top of the street pole to which it is attached and camouflaged or disguised.
(2) Utility Separation. In the event that a utility located upon the street pole requires vertical separation between its utility facilities and the antenna so attached, the antenna may be raised by a support system to accommodate the separation requirement to an elevation not exceeding an additional fifteen (15) feet or the required separation, whichever is less. Any such support shall not be greater in diameter than the existing street pole and shall be designed to blend into the colors and textures of the existing street pole.
(3) Pole Replacement. Existing street poles may be replaced with a new street pole of the same height, dimensions and appearance as the existing street pole. An antenna located upon the new street pole shall meet the standards for attaching an antenna to an existing street pole, as set forth above.
(4) Underground facilities within the public right-of-way shall obtain a revocable encroachment permit.
7-214.G. Updating. Changes to the wireless communication industry’s facility needs, particularly reductions in facility sizing and scope, shall be monitored by the Planning Department. Amendments to this Land Use Code section shall be considered if review processes are found to be needlessly burdensome.