Land Development Ordinance - Amended 6-3-2024

vi. Small wireless facilities and their associated equipment shall be camouflaged, disguised, hidden and/or blended in with the surrounding environment to the maximum extent practicable.

I. Underground Utility Provisions . Compliance with the Town’s nondiscriminatory underground utility requirements, prohibiting water, wastewater, storm drainage, electric power, gas, telephone, cable, communications or other utility providers from installing structures in the right(s)-of-way, shall be required. Said requirement shall not prohibit the replacement of existing structures, unless such replacement increases the nonconformity of said existing structure. Applicant may seek a special use permit, in accordance with Article Q Procedures & Administration, to place above-ground structures in areas where the undergrounding requirements apply. J. Landscaping. Any small wireless facility or equipment located at grade level shall comply with applicable provisions for utility equipment landscaping of Article O Landscaping & Tree Protection. It shall be the responsibility of the small wireless facility owner to ensure said landscaping is maintained in compliance with the Land Development Ordinance and Standard Specification & Construction Details.

K. Compliance with Other Applicable Regulations. New wireless facilities on existing poles shall comply with otherwise applicable rules imposed by the pole owner including, when applicable, the National Electric Code.

L. Attachment to Town Utility Poles. The following standards shall apply where small wireless facilities are proposed on a utility pole owned or operated by the Town:

i. Exclusivity . Any arrangement for the right to collocate on utility poles shall not be exclusive.

ii. Denial of Collocation . A request to collocate under this Section may be denied only if there is insufficient capacity or for reasons of safety, reliability and generally applicable engineering principles, and where those limitations cannot be remedied by rearranging, expanding or otherwise reengineering the facilities at the reasonable and actual cost of the Town to be paid in full by the facility owner. iii. Rates, Terms, & Conditions . A small wireless facility may be collocated on a utility pole at just, reasonable and nondiscriminatory rates, terms and conditions. Following receipt of the first request to collocate on a utility pole, the Town Manager or the Town Manager’s designee shall, within 60 days,

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