a. Minimizing the visual and physical effects of wireless communications facilities through appropriate design, siting, screening techniques, and location standards;

b. Encouraging the installation of wireless communications facilities at locations where other such facilities already exist;

c. Encouraging the installation of such facilities where and in a manner such that potential adverse impacts to the town are minimized; and

d. Providing for the efficient modification and upgrading of existing wireless communications facilities to accommodate changing technologies.

e. Accommodating the installation of small cell facilities within the town's rights-of-way as required by applicable federal and state law.

a. Prohibit or have the effect of prohibiting wireless communications services; or

b. Regulate the placement, installation, or modifications of wireless communications facilities on the basis of the environmental effects of radio frequency emissions where it is demonstrated that the wireless communications facilities do or will comply with the applicable FCC regulations; or

c. Unreasonably discriminate among providers of functionally equivalent wireless communications services.

a. Ordinary maintenance of a WCF as defined in this policy;

b. The siting of Distributed Antenna Systems facilities located within a building, stadium, or similar structure, or campus, and intended primarily to provide wireless coverage within that building, stadium, or similar structure, or campus;

c. Antennas used by residential households solely for broadcast radio and television reception;

d. Satellite antennas used solely for residential or household purposes;

e. Amateur radio antennas;

f. Television and AM/FM radio broadcast towers and associated facilities;

g. WCFs placed for a period of not more than twenty one (21) days for temporary uses related to special events if authorized by a special events permit issued pursuant to chapter 13 of title 4 of this code;

h. WCFs owned by or exclusively operated for government agencies, including the town; and

i. Development as defined in Section 9-1-5 that does not meet the definition of a WCF, which development is subject to the other provisions of this chapter.

ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service.

ANTENNA ARRAY: Two or more antennas having active elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna.

BASE STATION: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this policy or any equipment associated with a tower. Base Station includes, but is not limited to:

BROADBAND FACILITY: Any infrastructure used to deliver broadband service or for the provision of broadband service.

BROADBAND SERVICE: Has the same meaning as set forth in 7 U.S.C. sec. 950bb(b)(1) as of August 6, 2014, and for the purposes of this policy includes: (a) "cable service", as defined in 47 U.S.C. sec. 522(6) as of August 6, 2014;(b) "telecommunications service", as defined in 47 U.S.C. sec. 153 as of August 6, 2014; and (c) "wireless service", which means data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as all of these terms are defined by federal law and regulations.

CAMOUFLAGED OR CONCEALED WIRELESS COMMUNICATIONS FACILITY: A WCF that: (a) is integrated as an architectural feature of an existing structure such as a false façade; (b) is integrated in an outdoor fixture such as a flagpole; (c) uses a design that mimics and is consistent with nearby natural or architectural features; or (d) is incorporated into or replaces existing permitted facilities (including, but not limited to, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

COLLOCATION: (1) The mounting or installation of a WCF on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing a WCF on that structure. Provided, that, for the purposes of Eligible Facilites Requests, "Collocation" means the mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

CONSERVATION DISTRICT: Has the meaning provided in Section 9-1-5.

DISTRIBUTED ANTENNA SYSTEM (OR DAS): A network of one or more antennas and related fiber optic nodes typically mounted to streetlight poles, or utility poles, which provide access and signal transfer for wireless service providers. DAS also includes the equipment location, sometimes called a "hub" or "hotel," where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal transfer services.

ELIGIBLE FACILITIES REQUEST: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (a) collocation of new transmission equipment; (b) removal of transmission equipment; or (c) replacement of transmission equipment.

ELIGIBLE SUPPORT STRUCTURE: Any tower or base station as defined in this policy, provided that it is existing at the time the relevant application is filed with the town under this policy.

EXISTING: A constructed tower or base station if it has been reviewed and approved by the town under this chapter or policy; provided that a tower that has not been reviewed because it was not in a zoned area when it was built, but was lawfully installed, is existing for purposes of this chapter and policy.

FCC: The Federal Communications Commission.

LATTICE TOWER: An open framework structure used to support one or more antennas, typically with three or four support legs.

MICRO WIRELESS FACILITY: A small wireless facility that is no larger in dimensions than twenty-four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height and that has an exterior antenna, if any, that is no more than eleven inches (11") in length.

MONOPOLE: A single freestanding pole used to act as or support an externally mounted antenna or antenna arrays.

ORDINARY MAINTENANCE: Ensuring that WCFs and support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing, and modifications that maintain functional capacity, and aesthetic and structural integrity (e.g., the strengthening of a support structure's foundation or of the support structure itself). Ordinary maintenance includes: (I) replacing existing antennas with antennas of the substantially similar color, when such replacement antennas will not increase the overall height or footprint of the WCF; (ii) replacing accessory equipment within an existing WCF; and (iii) relocating the antennas of approved WCFs to different height levels on an existing monopole or vertical facility upon which they are currently located if such height level is in compliance with the applicable requirements of this chapter. Ordinary maintenance does not constitute a modification to a WCF, whether classified as an eligible facilities requests or otherwise.

RF: Radio frequency.

RADOME: A visually-opaque, radio frequency transparent enclosure which may contain one or more antennas, cables, and related facilities therein.

REVIEWING AUTHORITY: The director, the planning commission, or the town council with respect to a Class D - Major or a Class D - Minor WCF permit application, or the planning commission or town council with respect to a Class A WCF permit application.

RIGHT-OF-WAY: Any publicly-owned or controlled street, roadway, alley, sidewalk, and other public way, including any public utility easements that extend beyond the curb onto private property.

SITE: For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures. For other towers in the public right-of-way, a site is further restricted to that area comprising the base of the structure and to other transmission equipment already deployed on the ground.

SMALL CELL FACILITY: A wireless communication facility that meets both of the following qualifications:

SMALL CELL NETWORK: A network consisting of one or more nodes connected, directly or indirectly, by fiber to a carrier's mobile switching center or other point of interconnection.

SPECTRUM ACT AND SPECTRUM REGULATIONS: Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. §1455(a), as amended from time to time. The FCC's rules under the Spectrum Act are contained in the FCC Report and Order adopted October 17, 2014, as amended from time to time, and codified at 47 C.F.R. §1.6100.

SUBSTANTIAL CHANGE: A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

SUPPORT EQUIPMENT: The physical, electrical, and/or electronic equipment included within a WCF used to house, power, and/or process signals from or to the WCFs antenna or antennas, but specifically excluding the base station.

SUPPORT STRUCTURE: A structure, outdoor fixture, tower, or utility pole capable of safely supporting a WCF, but does not include a wireless tower.

TEMPORARY WCF: A WCF that is designed and intended to be used for a limited period of time as described in subsections D1b or D2d of this policy.

TOWER: Any structure built for the sole or primary purpose of supporting antennas licensed or authorized by the Federal Communications Commission and the antennas' associated facilities, including structures that are constructed for wireless communications services including private, broadcast, and public safety services; unlicensed wireless services; fixed wireless services such as backhaul; and the associated site.

TOWN PROPERTY: Property owned or under the control of the town, but specifically excludes the town's right-of-way. By way of example and not limitation, public property includes structures and outdoor fixtures owned by the town.

TRANSMISSION EQUIPMENT: Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

UNIPOLE: A uniform width pole with one or more antennas and associated equipment and cables contained within the interior of the pole, and with a radome at the top of the pole being the same width as the pole.

UTILITY POLE: A metal or wood pole or structure located in the right-of-way and dedicated to use by multiple utilities and providers of communications authorized by the town, or otherwise authorized to use the pole by applicable law.

WIRELESS COMMUNICATIONS FACILITY (WCF): A facility for the transmission or reception of low power radio signals used for two-way communications provided by a FCC licensee. WCFs shall not include facilities for broadcasting or receiving commercial or public radio or television programming, or facilities for transmitting or receiving signals by governmental agencies or amateur radio, citizens band, or similar users. WCFs are composed of two or more of the following components:

WIRELESS SERVICE FACILITY: A facility for the provision of wireless services; except that "wireless service facility" does not include coaxial or fiber-optic cable that is not immediately adjacent to, or directly associated with, a particular antenna.

WCF ADJUSTMENT: An authorization to deviate from the requirements of this policy granted by the reviewing authority pursuant to Section K of this policy.

WCF APPLICATION (OR APPLICATION): An application for a WCF permit submitted pursuant to this policy.

WCF PERMIT (OR PERMIT): A WCF permit for the initial placement of a WCF, or the modification, replacement, or removal of a WCF, issued by the town pursuant to this policy and chapter.

a. All collocation applications and modifications of an existing WCF permit that are not eligible facilities requests or a small cell facility application.

b. An application for a temporary WCF that will be operational for a period of time more than thirty (30) but less than one hundred eighty (180) days. No temporary WCF shall be approved if it will be operational for one hundred eighty (180) days or longer unless the use of such temporary WCF is in response to and during a period of a declaration of emergency by the Governor of the State of Colorado. The director shall not accept an application for a temporary WCF under this policy: (I) that is not filed concurrently with an application for a permanent WCF; or (ii) that will be operational for one hundred eighty (180) days or longer unless the use of the Temporary WCF is in response to and during a period of a declaration of emergency by the Governor of the State of Colorado.

c. All other applications to install, modify, or replace a WCF within the town that are not classified as a Class D - Major application pursuant to subsection D2 or a Class D - Minor application pursuant to subsection D3.

a. An application for an eligible facilities request.

b. An application to install a new WCF at one of the preferred locations as set forth in Section I4 of this policy if the application meets the applicable design requirements of this policy.

c. An application to install a new wall-or roof-mounted WCF if such installation is preferred under Section J6 of this policy, and if the application meets the applicable design requirements of this policy.

d. An application for a temporary WCF that will be operational for a period of time not longer than thirty (30) days, whether in response to and during the period a period of a declaration of emergency by the Governor of the State of Colorado, or otherwise.

e. An application to install a WCF that is part of a DAS, and is camouflaged consistent with the design requirements contained in this policy.

a. An application to locate, collocate, replace, or modify any small cell facility or small cell network in the public right-of-way.

a. Except for eligible facilities requests and small cell facilities applications, one pre-application meeting with town staff is normally required for an application for a WCF permit. At the meeting the prospective applicant should be prepared to present to staff a service area map, description of the type of WCF sought, preliminary site plan, and visual impact drawings. This meeting is not a public hearing and is not subject to any public notification requirements. The director may require a second pre-application meeting if the first meeting did not adequately address all relevant issues. The provisions of this subsection G1 control over the pre-application meeting requirements for a Class D-Major permit application set forth in Section 9-1-18-4-1A.

b. Prior to submitting an eligible facilities request or a small cell facility application the applicant is encouraged to initiate and schedule a pre-submittal meeting by contacting the town's department of community development. However, a pre-submittal meeting is not required for these applications, and will only be held if the applicant requests one. By participating in the pre-submittal meeting, the applicant agrees that the mandatory review time stated in Section G5d, below, does not start until the application is submitted, subject to the tolling provisions of Section below G5e.

c. All WCF applications may be submitted to the director only by appointment. The director shall schedule appointments within a reasonable time after a request for an appointment has been made. Applications shall be submitted in hard copy; e-mailed applications shall not be accepted.

a. The provisions of this subsection G2 control in the event of any conflict between this subsection and the rules for processing a Class A WCF permit application set forth in Section 9-1-18-1.

b. The presumptively reasonable time period for the town to review and act upon a Class A WCF permit application to collocate on or modify an existing WCF that does not qualify as an eligible facilities request is ninety (90) days.

c. The presumptively reasonable time period for the town to review and act upon all other Class A WCF permit applications is one hundred fifty (150) days.

d. The ninety (90) or one hundred fifty (150)-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the director determines that the application is incomplete.

e. A complete application submitted under this subsection G2 shall be scheduled for a hearing before the planning commission as required for Class A development permit applications by Section 9-1-18-1.

f. Notice of the public hearing on an application submitted under this subsection G2 shall be given in the same manner required for any Class A development permit application under this chapter.

g. Subject to the tolling provision described above, the planning commission must issue a written decision approving, conditionally approving, or denying an application submitted under this subsection G2 within the ninety (90) or one hundred fifty (150) day period described above, whichever time period is applicable to the application.

h. Should the planning commission deny an application submitted under this subsection G2, the planning commission shall provide written justification for the denial. The denial must be based on substantial evidence in the written record.

i. A decision of the planning commission under this policy is subject to call-up by the town council as provided in Section 9-1-18-1E6 of this chapter. Any decision by the town council shall be made within the ninety (90) or one hundred fifty (150)-day period described above, whichever time period is applicable to the application.

a. The provisions of this subsection G3 control in the event of any conflict between this subsection and the rules for processing a Class D - Major development permit application set forth in Section 9-1-18-4-1.

b. The presumptively reasonable time period for the director to review a Class D - Major WCF permit application that is not an eligible facilities request is ninety (90) days.

c. The ninety (90)-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the director determines that the application is materially incomplete.

d. Subject to the tolling provisions described above, the director must issue a written decision approving, conditionally approving, or denying an application submitted under this subsection within 90 days of the submission of the initial application.

e. Should the director deny an application submitted under this subsection G3, the director shall provide written justification for the denial. The denial must be based on substantial evidence in the written record.

f. The director's decision approving, conditionally approving, or denying an application submitted under this subsection G3 may be appealed by the applicant to the planning commission and town council. Such appeal shall be filed and processed in accordance with the requirements of Section 9-1-18-4-1D. Any decision by the planning commission or town council shall be made within the ninety (90) or one hundred fifty (150)-day period described above, whichever time period is applicable to the application.

a. The provisions of this subsection G4 control in the event of any conflict between this subsection and the rules for processing a Class D - Major development permit application set forth in Section 9-1-18-4-1.

b. Upon receipt of an application for an eligible facilities request the director shall review such application to determine whether the application qualifies as an eligible facilities request under the Spectrum Act, the Spectrum Act rules, and this policy.

c. Within sixty (60) days of the date on which an applicant submits a request seeking approval under this subsection G4, the director shall approve the application unless the director determines that the application is not covered by this subsection.

d. The sixty (60)-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the director determines that the application is incomplete.

e. The director shall not approve an eligible facilities request that does not comply with the Spectrum Act, the Spectrum Act rules, or the applicable requirements of this policy. Without limiting the generality of the preceding sentence, the director shall not approve an application for an eligible facilities request that substantially changes the dimensions of the eligible support structure that is the subject of the application.

f. Should the director deny the application, the director shall provide written justification for the denial. The denial must be based on substantial evidence in the written record.

g. An application for an eligible facilities request that has been denied by the director may be refiled at the applicant's discretion as a Class A WCF permit application.

h. If the director fails to approve, conditionally approve, or deny an application for an eligible facilities request within the applicable timeframe (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

i. The director's decision on an application submitted under this subsection G4 may be appealed by the applicant to the planning commission and town council. Such appeal shall be filed and processed in accordance with the requirements of Section 9-1-18-4-1D.

a. The provisions of this subsection G5 control in the event of any conflict between this subsection and the rules for processing a Class D - Minor development permit application set forth in Section 9-1-18-4.

b. Small cell facilities in the right-of-way shall be considered a permitted use, subject to administrative review by the director as set forth in this provision.

c. The town shall prepare, and from time to time revise, and make publicly available, an application form which shall require submittal of information necessary for the town to consider whether a project is eligible as a small cell facilities in the right-of-way, meeting certain criteria. The application shall not require the applicant to demonstrate a need or business case for any proposed modification or collocation.

d. The presumptively reasonable time period for the director to review a small cell facility application that is not an eligible facilities request is ninety (90) days.

e. The director shall review a small cell facility application for completeness and respond to the applicant within ten (10) days of the date of submission of the application with a report identifying any items missing from the application. If an application is materially incomplete, the director shall specifically identify the missing documents or information, and the specific rule or regulation creating the obligation to submit such documents or information. The shot clock set forth in subsection (G)(5)(f) below shall restart at zero on the date which the applicant submits all the documents and information identified by the town to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the director notifies the applicant within ten (10) days of the supplemental submission and clearly and specifically identifies the missing documents or information, the shot clock set forth in subsection G5d shall be tolled until the applicant provides the missing documents and information. The shot clock resumes (the date calculation does not restart) to run on the date when the applicant submits all the documents and information identified by the town to render the application complete. If the applicant fails to submit all of the missing items identified in the director's completeness report within such reasonable time as the director shall require in the report, the application shall be denied without prejudice.

f. The director will complete his or her review of a small cell facility application and either approve, conditionally approve, or deny the application within ninety (90) days from the date of submission of the application, or from the date of submission of the completed application if tolled due to an incomplete submission as provided above, whichever is the later date.

g. Should the director deny an application submitted under this subsection G5, the director shall provide written justification for the denial. The denial must be based on substantial evidence in the written record.

h. The director's decision on a small cell facility application may be appealed by the applicant to the planning commission and town council. Such appeal shall be filed and processed in accordance with the requirements of Section 9-1-18-4C.

i. If the director approves a small cell facility application all other permits required by the town to authorize the installation of a small cell facility in the town ROW shall also be approved within the same ninety (90) day period described in subsection G5d.

a. With respect to a Class D - Minor application or a Class D - Major application, upon the final decision made by the director if the director's decision is not appealed, or upon the final decision of planning commission or the town council, whichever last rules on the application; or

b. With respect to a Class A WCF permit application, upon the town council's affirmation of the planning commission's written decision on the application, or the town council's own written decision on the application if the planning commission decision is called up by the town council.

a. Policies 9-1-19-6A "Policy 6 (Absolute. Building Height" and 9-1-19-6R "Policy 6 (Relative. Building Height" shall not apply to an application to install a WCF; and

b. Although density must be provided for a WCF to be installed pursuant to this policy, no negative points shall be assessed against a WCF permit application under Policy 9-1-19-3R "Policy 3 (Relative) Compliance With Density/Intensity Guidelines."

c. Notwithstanding subsection 2b of this Section, no density shall be required for:

a. The application does not implement all affected absolute policies of this chapter (subject to variance);

b. The applicant has not shown that the application conforms to the applicable requirements of this policy; or

c. The applicant has not provided to the town all of the information required by this policy to WCF permit the reviewing authority to approve, conditionally approve, or deny the application taking into account legal deadlines affecting the town's consideration of the application.

a. Whether the applicant is authorized to file the application;

b. Whether the WCF and support structure additions and modifications proposed will adversely affect or alter the unique aesthetic character, beauty, and historic charm of the town. If the application is for a location in the Conservation District, the reviewing authority shall also consider Section 9-1-19-5A, "Policy 5 (Absolute)(Architectural Compatibility)"; Section 9-1-19-5R, "Policy 5 (Relative)(Architectural Compatibility)"; and the "Handbook of Design Standards/Handbook of Design Standards For the Historic and Conservation Districts;"

c. Whether the WCF and support structure modifications and additions proposed comply with the design standards of this policy, and other applicable provisions of this policy or chapter;

d. Whether the WCF and support structure modifications and additions proposed comply with generally applicable building, structural, electrical and other safety codes and laws, interfere with the public's use of right-of-way, or create undue risks to persons or property;

e. Whether the applicant has or will have necessary local, state, or federal regulatory approvals required in connection with the WCF; and

f. Whether alternative designs or locations would minimize the impact of the WCF and support structure modifications and additions required.

a. Collocation to existing WCF facilities located in non-residential land use districts;

b. Town property;

c. Other publicly owned property and facilities;

d. Rights-of-way;

e. Public and private utility installations;

f. Land use districts where commercial uses are recommended; and

g. Community facilities (such as places of worship, community centers, etc.).

a. A significant gap in the provider's service exists;

b. The proposed WCF is the least visually intrusive means to close the significant gap;

c. No feasible alternative exists to close the significant gap; and

d. The provider's existing WCFs lacks the capacity to service the wireless users except by the installation of one or more WCF sites in the otherwise restricted locations described in this subsection I5.

When considering an application for a WCF to be located in the Conservation District, the reviewing authority shall also consider those policies listed in Section H4b.

a. Employ the least intrusive design for the proposed location in terms of size, mass, visual and physical impact, and effects on properties from which the WCF is visible, and, if located within the Conservation District, be located on a structure that is non-historic and non-contributing as defined by town policy or ordinance; and

b. Accommodate collocation consistent with the other design requirements of this policy; and

c. Be consistent with the town's Master Plan.

a. Be made of the same materials that exist on the building;

b. Be of a height no taller than is necessary from an engineering perspective in order for the WCF to function properly; and

c. Must have density, subject to the provisions of Section H2b.

a. For proximity-triggered and/or timer-controlled security lighting;

b. To comply with regulations for the illumination of any flag attached to a WCF; or

c. Where such lighting is required to protect public health or welfare, or as part of the camouflage for a particular design or to comply with the Federal Aviation Administration.

Any approved lighting shall comply with Section 9-1-19-46A, "Policy 46 (Absolute)(Exterior Lighting)."

a. A written statement demonstrating how the requested adjustment would meet the criteria;

b. A site plan that includes:

a. The adjustment is consistent with the purpose of the development standard for which the adjustment is sought;

b. Based on a visual analysis, the design significantly minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping; and

c. The applicant demonstrates the existence of either of the following:

a. Conditions of any license for the WCF issued by a local, state, or federal agency, which has jurisdiction over the WCF;

b. Rules, regulations, and standards of the state and federal governments, including, but not limited to the FCC, and the town, including, but not limited to, this chapter and policy;

c. Easements, covenants, conditions, and/or restrictions on or applicable to the underlying real property; and

d. All other laws, codes, and regulations applicable to the WCF.

a. Reactivate use of the WCF;

b. Transfer the rights to use the WCF to another entity (who shall be subject to all the provisions of this policy and the permit) in the manner provided in Section R of this policy; or

c. Remove the WCF and any supporting structures installed solely in connection with the WCF, and restore the site to be consistent with the then-existing surrounding area.

a. Reactivate use of the WCF, subject to the terms and conditions of the applicable WCF permit;

b. Transfer the rights to use the WCF to another entity (who shall be subject to all the provisions of this policy and the permit) in the manner provided in Section R of this policy; or

c. Remove the WCF and any supporting structures installed solely in connection with the WCF, and restore the site to be consistent with the then-existing surrounding area.