Loading...
HomeMy WebLinkAboutORDINANCE 15-21ORDINANCE NO. 15-21 AN ORDINANCE AMENDING THE ESTES PARK DEVELOPMENT CODE REGARDING WIRELESS COMMUNICATION FACILITIES WHEREAS, under the joint land use intergovernmental agreement between Larimer County and the Town of Estes Park in effect from 2000 and April 2019, wireless communication facilities (WCF) regulations were adopted for the Estes Valley Planning Area in 2000 that complied with the Section 16 of the Larimer County Land Use Code (LCLUC), "Commercial Mobile Radio Service (CMRS) Facilities"; and WHEREAS, Larimer County adopted new wireless regulations as part of an update to the LCLUC in October 2019. The new "Article 9.0 - Wireless Communication Facilities" has no correlation or ties to the previous; and WHEREAS, these changes to the LCLUC render sections of the Estes Park Development Code obsolete, including Section 5.1.T, which specifically references and requires compliance with outdated Larimer County regulations; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Estes Park Development Code, to modernize WCF regulations, update terminology and assure compliance with the latest applicable federal regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Chapters 3, 4, 5, and 13 of the Estes Park Development Code are hereby amended, by adding underlined material and deleting stricken material, as set forth on Exhibit A. Ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: The Estes Park Development Code is hereby amended by the addition of a new Chapter 14, as also set forth on Exhibit A, Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this 9r`day of Ne.LEe--LRc 22 , 2021. TOWN OF ESTES PARK, COLORADO By: ATTEST: ToClerk I herby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of p , 2021 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the 1212day of , 2021, all as required by the Statutes of the State of Colorado. APPROVED AS TO FORM: Town Attorney CHAPTER 3. - REVIEW PROCEDURES AND STANDARDS § 3.2 - Standard Development Review Procedure G. Summary Table —Standard Development Review Process by Application Type. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Pre -Application Conference Neighborhood & Community Meeting Application/ Completeness Certification Staff Review & Report EPPC Action Board Action Conditional Use Permit (Ord. 21-10 §1) M M A A A APP "V" = Voluntary "M" = Mandatory "A" = Applicable "N/A" = Not Applicable "APP" = Appeals "BOA" = Board of Adjustment "SR" = Special Requirements (Refer to Text) § 3.16 - Conditional Use Permit A. Procedures for Approval on Conditional Use Permit. Applications for approval of a Conditional Use Permit shall follow the standard development approval process set forth in 3.2 of this Chapter, except for the following modifications. B. Standards for Review. All applications for a conditional use permit shall demonstrate compliance with all applicable criteria and standards set forth in Chapter 5, "Use Regulations," or Chapter 14, "Wireless Communication Facilities (WCFs)" of this Code applicable, and the following requirement: The application for the proposed conditional use permits mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services and the environment. C. Lapse. | / 1. Failure ofanApplicant to apply for a building permit and commence construction oroperation with regard 10the conditional use permit approval within one /1\year of receiving approval of the conditional use permit, or as otherwise explicitly set forth in the original approval, shall automatically terminate the conditional use 2.If a legally established conditional use permit is abandoned or discontinued for a period of one (1) consecutive year or more, then the decision originally approving such conditional use permit shall automatically terminate. 3. Prior to expiration of a conditional use permit, the property owner may file for a one year extension. Such extension may bogranted bvthe Community Development Director upon determination that there have been no changes to the Estes Valley Park Development Code that would affect the approved conditional use permit orconditions ofapproval. To z o co -0 C E icr) cc CD LLI CC o. .0 01 to co) : 03 u) 4 = a) 7o c c cn •= u) c ta, — 4-. 0 s iii" 0 P -5 0.4.7 CD 2 15 -0 4n, 4m. 0 a) < 3 D 0 u) 4 cc — Zoning Districts "P" = Permitted by Right "Si or S2" = Permitted by Special Review "CUP" = Permitted by Conditional Use Permit "—" = Prohibited 2 cC (14 cC '7 cc cc w '7 w w cC 7 w cc Specific Use Use Classification COMMERCIAURETAIL USES I— Lai 1-- ui Gc. Chapter 14 Wireless cr) 51 DI. 04. 1 Q..1 ct) CIL EL—. o..1 c73, Qt. oa...1 c.../.) C.7) cg. ri.1 r Base Stations, Alternative Tower Structures, Alternative Tower Structures within right-of-way 41 • II ri C 4 C 0 4 O. ' C 4 0 .1 , ' I . ;ommunication I ' - ' E E O 0) 0 G... 0 U as u_ 0 GL 3 0 0_ 3 C.) a_ 3 U EL 3 0 0 3 0 3- 3 0 d 3 0 0_ 3 C.) 0 H O Zoning Districts § 4.4 - Nonresidentia B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. N V N_ 0) c O N CO d C d d C O Z N O 0 4- E 0 a Additional Regulations (Apply in All Districts Unless Otherwise Stated) COMMERCIAURETAIL USES r a Nonresidential Zoning Districts "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "CUP" = Permitted by Conditional Use Permit "—" = Prohibited r CAI„ x 0 O 0 U 0 U a a. m N M 0 Q.COt;. 41 Use Classification Ij4 °X, fl Additional Regulations (Apply in All Districts Unless Otherwise Stated) l o • , F-: iri TS = as .e et1 c — < 0 0) Cn c -0 0 0 0 F-- in= CQ F- cc.0 .6 r. 0 C.) c, .-- cb ... _ . ........ • ,_., •-• 0 C...) 0 a ° 0 • 0 I a . , Chapter 14 Wireless Communication Facilities Chapter 14 Wireless Communication Facilities Nonresidential Zoning Districts "P" = Permitted by Right "Si or S2" = Permitted by Special Review "CUP" = Permitted by Conditional Use Permit "—" = Prohibited 1.- . 01- ..... U) 0 a-- Er) 0. 01 fi. D (..) 1 0 Ot cn 6:. 0_1 D 0 0 Et 0, a• (1.1 m (..) 0 () Q. 0, 0,- 0.1 (,) CI 0 01. c:75 0_01. 0-1 0_ D C.) 1- 4:k 01.• 101. 0_ D C.) cX 0 - cn o 0.• CI_1 a_ D C.) U) = 0 ii= (..) w 0. Cl) ... ., "F' ), 0 CD 4.). as C c 0 'c E. < a. CI ,... 0 El. E eD a) 0 CC) c 0 c < a 7:5 0 .... S..) E co CO C-....- C. C. c 4, • • CD ri 's CD > 2'0 0 yr a) ''' a) > 20. 0 ..8 En a) 10 CO C04 All other Towers Use Classification Wireless Communication Facilities CHAPTER 5. - USE REGULATIONS § 5.1 - SPECIFIC USE STANDARDS T. Reserved. WU se-Tei r monteattens-Foottitiest-Ati Wifele96-4919G0f4r fa'ailiee'sha41-19e-subje91 to -lb et -tot -lowing- atairreareei iiGertefaL a, All te4GOGFPrrThillioiatione4as.4ities-sheliticernigy viiii4h-4heistandiai4s-ot4it4s47eder ail applicable standards -of -the -Fiederal-Teleciethratin ications Aettoti-4-946-andiailliapplioahle fe{ nits et the -Federal Aviation Adrhinistreition, pahrottai4er-a4 ' iyiehati net be issued- antikthe ifardlityds-approitted-throadh-the developmentiplarer iepeciaihre-VieVY-PFOGeS&;, 2,--Miored it-Antehna-Ttowehst ntehea-itowerershll -be perraitteditwrigtit-initheitte•hidg4iStiaEi Tablesi4-1-anet-4-4,--PPN4 dtatithe dellowing ooa+net (44The tower-4s-4h thy -PO) teettiihr heiglitt taisiefend (2)Theti rits-bia ,ceol--ittwo-hondrediti200)i feet ordese-troreitheirigttitteti-way-tteeett-U„Ei Highway -3,4i,iar-4116-or-Coloitaidef-Highway-7-t-and-thei-teiwor iiediacedien-a- lot on which-is-10 ainy-iet -the-teillowtheirirsesi th)Eichooisi thHeseitatetitor te)-Potlise ortitiwistaitiont-ef (43)iiihe-4owett-is -biased at ahoublisotility-sohtsitation (*within a. 441-14004iGil power litste eris:tithahatte-higher-tharhthirtiy430)i thanditer-de-nottiisaitiety-the lecationation4eria-ea4Nith-in-paragr iti-a-4tiotite-sttaitittenty-be-perrai -by-special-ireviewt 3,--Comptiainde-with the Liar' if sti-A41 teleo -iIG.fl1i$LWT4h the oseiand-st res-iset forth to the Lartirder Etedrity-Laneddse ,Gorte; 67-itGornatiorisiati-Mobtle, iService-tGlititRFacitities-, iheitolinghtirt- o tdi rot ted-tot the itei wilog-proviisiensisentai therein,: day-- ial-Propertiositi itFaeititreeiat -HteiteAsr,Siitee-and-$Asoa44y-Sehstitive-AreasTm-eixsebt4hat-fer-histohc sitiestooated-withihithe Town-ol, E si-Patilty the -Board teit -Trustees tehall-be-thie-enitity-witheete aitirthority 4a-atiow, siding iet-tacties-eni-a-histeric --9ite-er-StMettlfer.i41 horn extent-teasibley-siting of4aptititierihrhlia44-inot-44994.+F-ifl -P4J4A0-0P9R 414Ga-S-Or- pante, 416, -itiTntioorary Pteen in "St fffL T m i -tart at Ma -Town Code; dd 44h4s rsh.. .i. 'pa'di-tom" el faaiiiticio 444-4 `l"""""'6"p..1- sir1.11'f'"�r'"'CRb"'p ti4 -d1•s6ret4rc 4deei to" iptetpteted- it -that Staff -review-p eel -'rd-p' ' - CHAPTER 13. - DEFINITIONS § 13.2 - Use Classifications/Specific Use Definitions and Examples .,..... irai rnani building-4 rr,G, ii .. ble is, fi. tr r t ra iWaiestrania + oesir-a n....araan.in a.n.._rir i,--E ceti8n -.- "i ... , air .... ve- n:te and. ; rtaiai.t.. ,.aratar..rai oaa: h rty ar tir n-go s tr...raiiG...tiatraITaa��r ation- �aw.nat..im .-. and.-tig'aiarr strtidiosirvo ola itia t ,a ..p aiar... itwi�tia .., § 13.3 - Definitions of Words, Terms and Phrases me ...na . t ,. Arte .. �.,tt smokestaorkr Qatar, to ar; arrt , ._.taer riata-..ta._ .aiGt �n...r, :ear rinetading, oonsealed- in-exterior-4 aria: -nr li' ia.._.h hie ",a tga property -an red-to-eables an, eat -rani a r.. .fir t buii n w. araanini;- a - a kin -areas; wih..ar n, aLrna nta an_.,an- xi. tinin !, ar ..a +p ,..at ra .a. Q n.... -stook r-,.... n rr primarily-toisapp .nt rapt jai a� r ;. _ram -Exacnpleariefirreeripealred ii t w trt re,& tee i ,.; P d cguyetst n CHAPTER 14. - WIRELESS COMMUNICATION FACILITIES § 14.1 — INTENT AND PURPOSE In order to accommodate the communication needs of residents, businesses, and other stakeholders while protecting the public, health, safety, and general welfare of the community, the Town Board of Trustees finds that these regulations are necessary to: (e)) Provide for the managed development and installation, maintenance, modification, and removal of wireless communications infrastructure in the Town with the fewest number of wireless communications facilities (WCFs) to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services, including all of those who install, maintain, operate, and remove WCFs; O(b) Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques including but not limited to concealment design techniques and undergrounding of WCFs and the equipment associated therewith; (e)(c) Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs; (f)(d) Encourage the use of wall -mounted panel antennas; {g}(e) Encourage roof -mounted antennas only when wall -mounted antennas will not provide adequate service or are not otherwise feasible; (h)(f) Encourage the location of Towers in non-residential locations in a manner that minimizes the total number of Towers needed throughout the community; (-k)(i) Encourage, strongly, the Collocation of WCFs on new and Existing Sites; Encourage owners and users of Antennas and Towers to locate them, to the extent possible, in locations where the adverse impact to the community is minimized; Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively, and efficiently; (i) Effectively manage WCFs in the Right -of -Way; and (.)(k) Manage amateur radio facilities and over -the -air devices in the Town. § 14.2 — DEFINITIONS Alternative Tower Structure means man-made trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that conceal where technically feasible the presence of WCFs to make them architecturally compatible with the surrounding area pursuant to this Chapter. A stand-alone pole in the Right -of -Way that accommodates Small Cell Facilities is considered an Alternative Tower Structure provided it meets the concealment standards of this Chapter. Alternative Tower Structures are not considered Towers, for the purposes of this Chapter. Antenna means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non -directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations. This definition includes exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals. Base Station means a structure or equipment at a fixed location that enables FCC - licensed or authorized wireless communications between user equipment and a communications network. The definition of Base Station does not include or encompass a Tower as defined herein or any equipment associated with a Tower. Base Station does include, without limitation: 1. equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the Town under this Code, and has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and 2. radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small -cell networks) that, at the time the relevant application is filed with the Town under this Code, has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The definition of Base Station does not include any structure that, at the time the relevant application is filed with the Town, does not support or house equipment described in paragraphs (1) and (2) above. Camouflage or Camouflage Design Techniques means measures used in the design and siting of Wireless Communication Facilities so as to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF Site utilizes Camouflage Design Techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, while still appearing to some extent as a WCF. This definition does not include the use of Concealment design elements so that a facility looks like something other than a wireless Tower or Base Station. Collocation: 1. For the purposes of Eligible Facilities Requests, 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. 2. For the purposes of facilities subject to shot clocks governed by 47 U.S.C. Sec. 332, means attachment of facilities to existing structures, regardless of whether the structure or location has previously been zoned for wireless facilities. Concealment means the utilization of elements of stealth design in a facility so that the facility looks to be something other than a wireless Tower or Base Station. Language such as "stealth," "camouflage," or similar in any permit or other document required by this Code is included in this definition to the extent such permit or other document reflects an intent at the time of approval to condition the site's approval on a design that looks like something else. Concealment can further include a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree), or is incorporated into (including without limitation, being attached to the exterior of such facility and painted to match it) or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not apparent. This definition does not include conditions that merely minimize visual impact but do not incorporate Concealment design elements so that the facility looks like something other than a wireless Tower or Base Station. Eligible Facilities Request means 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: (i) collocation of new Transmission Equipment, (ii) removal of Transmission Equipment, or (iii) replacement of Transmission Equipment. Eligible Support Structure means any Tower or Base Station as defined in this Section, provided that it is Existing at the time the relevant application is filed with the Town under this Section. Equipment Cabinet means cabinet or building used to house equipment used by telecommunication providers at a Wireless Communications Facility. This definition does not include relatively small electronic components, such as remote radio units, radio transceivers, amplifiers, or other devices mounted behind antennas, if they are not used as physical containers for smaller, distinct devices. Existing Tower or Base Station means a constructed Tower or Base Station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built, for example, a Tower that exists as a legal, non -conforming use and was lawfully constructed is Existing for purposes of this definition. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Microcell means a small wireless facility that is no larger than 24 inches in length, 15 inches in width, 12 inches in height, and that has an exterior antenna, if any, that is no more than eleven inches in length. OTARD means an Over -the -Air Receiving Device. OTARD Antenna means (i) An antenna that is designed to receive direct broadcast satellite service, including direct -to -home satellite services, that is one meter or less in diameter; or (ii) an antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one meter or less in diameter or diagonal measurement; or (iii) an antenna that is designed to receive television broadcast signals. OTARD Antenna Structure means any pole, tower, or other structure designed and intended to support an OTARD Antenna. Related Accessory Equipment means the Transmission Equipment customarily used with, and incidental to WCF antennas, including by way of example, coaxial or fiber- optic cable, regular and backup power supply and remote radio units. Right -of -Way as used within this Chapter means any public street or road that is dedicated to public use for vehicular traffic within Town limits, except for those rights -of - way owned by the Colorado Department of Transportation. Site, in the context of this Chapter for Towers and Eligible Support Structures, means the current boundaries of the leased or owned property surrounding the Tower or Eligible Support Structure and any access or utility easements currently related to the Site. For Alternative Tower Structures, Base Stations and Small Cell Facilities in the Right -of -Way, a Site is further restricted to that area comprising the base of the structure and to other Related Accessory Equipment already installed on the ground. Small Cell Facility means a WCF where each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground -based enclosure, backup power systems, grounding equipment, wiring, power transfer switch and cut-off switch. Substantial Change means a modification that substantially changes the physical dimensions of an Eligible Support Structure, if after the modification, the structure meets any of the following criteria: 1. For Towers other than Alternative Tower Structures, it increases the height of the Tower by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna; for other Eligible Support Structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna; 2. For Towers, it involves adding an appurtenance to the body of the Tower that would protrude from the edge of the Tower more than twenty (20) feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for Eligible Support Structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; 3. For any Eligible Support Structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, as determined on a case -by -case basis based on the location of the Eligible Support Structure but not to exceed four cabinets per application; or for Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; 4. For any Eligible Support Structure, it entails any excavation or deployment outside the current Site; 5. For any Eligible Support Structure, it would defeat the Concealment elements of the Eligible Support Structure by causing a reasonable person to view the structure's intended stealth design as no longer effective; or 6. For any Eligible Support Structure, it does not comply with record evidence of conditions associated with the siting approval of the construction or modification of the Eligible Support Structure or Base Station equipment, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs (1), (2), and (3) of this definition. Tower means any structure that is designed and constructed primarily for the sole or primary purpose of supporting one or more FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for 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, and the associated site. The term includes self- supporting lattice towers, guy towers, monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and the like. Alternative Tower Structures are not considered Towers, for the purposes of this Chapter. Transmission Equipment means 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. Wireless Communications Facility or WCF means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF includes an antenna or antennas, including without limitation, direction, omni-directional and parabolic antennas, base stations, support equipment, alternative tower structures, and Towers. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting Antennas, nor does it include other facilities specifically excluded from the coverage of this Section. § 14.3 — APPLICABILITY (a) The requirements set forth in this Setor .. Chapter shall apply to all WCF applications for Base Stations, Alternative Tower Structures, Alternative Tower Structures in the Right of Way, Towers, Microcells, and Small Cells as defined in this Chapter. The Staff or Decision -Making Body shall have the authority to waive any requirement, standard, or process set forth in this Code, if the Staff or Decision -Making Body makes a determination that the specific requirement, standard, or process is preempted by federal or state law. Prior to applying the waiver to any pending application, the Staff or Decision -Making Body shall make a written preemption determination which shall identify the specific requirement, standard, or process that is being waived and cite to the specific federal or state law provision that preempts the specific Town requirement, standard, or process set forth in this Code. (b) The requirements set forth in this Section shall not apply to: 1. Amateur radio antenna, OTARD, and residential television reception/antenna towers except as provided in Operational Standards, Section 14.4 below. 2. Pre-existing WCFs. Any WCF for which a permit has been properly issued prior to the effective date of this Chapter, shall not be required to meet the requirements of this Chapter, other than the requirements of Section 14.4. Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of this Chapter. Notwithstanding the foregoing, any modifications qualifying as an Eligible Facilities Request shall be evaluated under Section 14.6(b).5(a( ) a= ()w. 3. Miscellaneous Antennas. Antennas used for reception of television, multi -channel video programming and radio such as OTARD Antennas, television broadcast band antennas, and broadcast radio antennas, provided they meet any applicable requirements related to accessory uses contained in this Code and the requirement that the height be no more than the distance from the base to the property line. Staff has the authority to approve modifications to the height restriction related to OTARD Antennas and OTARD Antenna Structures, if in the reasonable discretion of the Staff, modifications are necessary to comply with federal law. §14.4 — OPERATIONAL STANDARDS (a) Federal Requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changed, then the owner of the WCF governed by this Section shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense. (b) Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the Town, the Town may request that the owner or operator of the WCF provide information demonstrating compliance. If such information is not sufficient, in the reasonable discretion of the Town, to demonstrate compliance, the Town may request and the owner or operator of the WCF shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the Town finds that the facility does not meet federal standards, the Town may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF pursuant to subsection (f) below. Any reasonable costs incurred by the Town, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the owner or operator. (c) Signal Interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The Applicant shall provide a written statement ("Signal Interference Letter") 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. (d) Legal Access. In all Applications for WCFs outside of the Right -of -Way, an Applicant must warrant and represent that it owns or has lease rights to the Site. Where an Applicant wishes to attach to a facility owned and operated by the Power and Communications Department of the Town, the Applicant shall enter into an attachment agreement with the Power and Communications Department. (e) Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes and applicable Power and Communications Department regulations. If upon inspection, the Town concludes that a WCF fails to comply with such codes, procedures, standards, and regulations and constitutes a danger to persons, property or the environment, then, upon written notice being provided to the owner of the WCF, the owner shall have 30 days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Town's Chief Building Official may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the Town may remove such WCF at the owner's expense. If the WCF poses an immediate danger to persons, property, or the environment the Town may cause for the WCF to be immediately deactivated or removed. The Town will provide notice of such immediate deactivation or removal to the applicant as soon as practicable. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials. These requirements and remedies are cumulative and additional to all other applicable requirements and remedies. (f) Abandonment and Removal. If a WCF has not been in use for a period of three months, the owner of the WCF shall notify the Town of the non-use and shall indicate whether re -use is expected within the ensuing three months. Any WCF that is not operated for a continuous period of six months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within 30 days of receipt of written notice form the Town. If such WCF is not removed within said 30 days, the Town may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired. In addition to the remedies described above, abandoned WCFs are declared to be a nuisance under Title 8 of the Estes Park Municipal Code, including under sections 8.01.010, 8.04.040, and 8.04.050, and may be removed, abated, or disposed of, and costs assessed, as provided therein. §14.5 — DESIGN STANDARDS (a) The requirements set forth in this Section shall apply to the location and design of all WCFs governed by this Section as specified below; provided, however, that the Decision -Making Body may waive these requirements if it determines that the goals of this Section are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the Town, consistent with other provisions of this Code. (b) Camouflage/Concealment. All WCFs and any Transmission Equipment shall, to the extent possible, use camouflage design techniques including but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options in order to blend the WCF into the surrounding natural setting and built environment. Design, materials and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels. 4 1. Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). Should the Decision - Making Body determine that WCFs are located in areas of high visibility, it may condition its approval to require the WCFs to (where possible) be designed (e.g., camouflaged, placed underground, depressed, or located behind earth berms) to minimize their profile. 2. The camouflage design may include the use of Alternative Tower Structures should the Decision -Making Body determine that such design meets the intent of this Code, and other camouflage is either infeasible or would be Tess effective at minimizing the noticeability of the WCF. 8. The visible exterior surfaces of all WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and tower structures, shall be constructed out of non -reflective materials. (c) Hazardous Materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials. (d) Siting: 3.1. No portion of any WCF may extend beyond the property line. 4,2. Collocation. WCFs shall be designed and constructed to permit the facility to accommodate WCFs from at least two wireless service providers on the same WCF, unless the Applicant demonstrates that this is infeasible based upon construction, engineering and design standards, or the Decision -Making Body approves an alternative design that meets the purpose of such standards and results in an aesthetic improvement over a strict interpretation of the standards. No WCF owner or operator shall unreasonably exclude a competitor from using the same facility or location. Upon request by Staff, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site. WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below Code standards. (e) Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or unless the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the Applicant shall present the available lighting alternatives and may only use the design that would cause the least disturbance to the surrounding views, in the determination of the Decision -Making Body. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences, in accordance with Section 7.9 of this Code. (f) Landscaping and Fencing Requirements. 1. WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel below Code standards. 2. WCFs shall be landscaped with a buffer of plant materials that screen the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site. Where the Decision -Making Body requires the Applicant to include additional landscaping, the Decision -Making Body may require irrigation requirements for the landscaping. Landscaping shall comply with Section 7.5 of this Code, including the option of alternatives as provided in Section 7.5.C.2. 3. Where fencing is required by the Decision -Making Body, the fencing material shall comply with Section 7.5.H of this Code. 4. Notwithstanding provisions in Section 7.5 of this Code, in locations where the Decision -Making Body determines that the visual impact of the WCF would be (g) minimal, the landscaping requirement may be reduced or waived altogether by the Decision -Making Body. Noise. Noise generated on the site must not exceed the levels permitted in the Town Municipal Code, except that a WCF owner or operator shall be permitted to exceed Town Municipal Code noise standards for a reasonable period of time during repairs, not to exceed two hours without prior authorization from the Town. (h) Adjacent to Residential Uses. WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential zoning district boundaries. When placed near residential property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among abutting properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting streets. If these requirements are not reasonably feasible from a construction, engineering or design perspective, the Applicant may submit a written statement to Staff requesting the WCF be exempt from these requirements. The Decision -Making Body may approve the waiver request and may impose conditions on said approval as may be necessary to minimize deviations from the foregoing standards. (i) Additional design requirements shall be applicable to the various types of WCFs as specified below: 1. Base Stations. If an Antenna is installed on a structure other than a Tower or Alternative Tower Structure, such as a Base Station (including, but not limited to the antennas and accessory equipment) it shall be of a neutral, non -reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible, including for example, without limitation, painting the Antennas and accessory equipment to match the structure. Additionally, any ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Decision -Making Body, and may, where appropriate, require a flush -to -grade underground equipment vault. 2. Alternative Tower Structures not in the Right -of -Way. a. Alternative Tower Structures shall be designed and constructed to look like a building, facility, or structure typically found in the area; b. Be camouflaged/concealed consistent with other existing natural or manmade features in and near the location where the Alternative Tower Structure will be located; and c. Equipment enclosures shall be located out of view as much as practicable. 3. Alternative Tower Structures in the Right -of -Way. Alternative Tower Structures in the Right -of -Way shall meet all design criteria for Alternative Tower Structures not in the Right -of -Way plus the following additional criteria: a. Pole -mounted components of such structures shall be located on or within an existing utility pole serving another utility; or be located on or within a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives, the Applicant is authorized to construct the new utility poles; b. To the extent reasonably feasible, the Alternative Tower Structure shall be consistent with the size and shape of the pole -mounted equipment installed by communications companies on utility poles near the Alternative Tower Structure; c. The Alternative Tower Structure shall be designed and sized to minimize the negative aesthetic impacts to the Right -of -Way; d. Alternative Tower Structures shall be designed such that antenna installations on traffic signal standards are placed in a manner so that the size, appearance, visibility, and function of the signal will not be considerably altered; e. Any ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Decision -Making Body, and may, where appropriate and reasonably feasible based upon technical, construction and engineering requirements, require a flush -to -grade underground equipment vault; and f. The Alternative Tower Structure must not alter vehicular circulation or parking within the Right -of -Way or impede vehicular, bicycle, or pedestrian access or visibility along the Right -of -Way. The Alternative Tower Structure must comply with the Americans with Disabilities Act and every other local, state, and federal law and regulation. No Alternative Tower Structure may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the Right -of -Way that disrupts or interferes with its use by the Town, the general public, or other person authorized to use or be present upon the Right -of -Way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the Right -of -Way that disrupts vehicular or pedestrian traffic, creates interference with public utilities, or presents a hazard to public health, safety, or welfare. g. The Alternative Tower Structure shall not be more than ten feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within 1000 feet of the pole or structure; h. Any such Alternative Tower Structure shall in no case be higher than 40 feet from grade, unless such pole is already existing at a greater height. Existing poles greater than 40 feet from grade shall not be modified to extend beyond zoning district height limitations or extended by more than 15% of their original height, whichever is shorter. Any Transmission Equipment placed on an existing Alternative Tower Structure shall not extend more than 5 feet above the top of such pole; No freestanding WCF shall be within 300 feet of another freestanding WCF in the Right -of -Way. These separation requirements do not apply to attachments made to existing Alternative Tower Structures. The Decision - Making Body may exempt an Applicant from these requirements if the Applicant demonstrates the need for the WCF and cannot satisfy these requirements; and k. Collocations are strongly encouraged and the number of poles within the Rights -of -Way shall be limited as much as possible. 4. Towers (excluding Alternative Tower Structures and Alternative Tower Structures in the Right -of -Way). a. Towers shall either maintain a galvanized steel finish, or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the Town; b. Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment; c. Monopole support structures shall taper from the base to the tip in accordance with best structural engineering design and practice; d. All Towers shall be enclosed by security fencing or wall at least 6 feet in height and shall also be equipped with an appropriate anti -climbing device. 5. Related Accessory Equipment. Accessory equipment for all WCFs shall meet the following requirements: a. All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible; b. The total footprint coverage area of the WCF's accessory equipment shall not exceed 350 square feet; c. No related accessory equipment or accessory structure shall exceed 12 feet in height; d. Accessory equipment, including but not limited to remote radio units, shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed. e. Accessory Equipment shall be of a neutral, non -reflective color that is identical to, or closely compatible with, the color of the supporting structure or uses other camouflage/concealment design techniques so as to make the equipment as visually unobtrusive as possible, including, for example, painting the equipment to match the structure. §14.6 — REVIEW PROCEDURES AND REQUIREMENTS (a) No new WCF shall be constructed and no Collocation or modification to any WCF may occur except after a written request from an applicant, reviewed and approved by the Decision -Making Body in accordance with this Chapter; after execution of a license agreement and/or pole attachment agreement with the Town, if required, or other legal right or approval, to use such structure by its owner; and upon issuance of all required building permits. All work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in this Code, applicable Building Codes, Power and Communications Department Regulations, and any other applicable regulations. All WCFs except Eligible Facilities Requests which are reviewed under subsections (b) and (e) of this Section shall be reviewed pursuant to the following procedures. 1. Submittal Requirements. Each applicant for a WCF shall be required to submit: a. A completed application form; b. A submittal fee; c. A Signal Interference Letter; d. An inventory of existing sites; e. A scaled site plan, photo simulation, scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, and drainage. f. Any other information deemed necessary by the Town to determine compliance with this Section. 2. Inventory of Existing Sites. Each applicant for a WCF shall provide to Staff a narrative and map description of the applicant's existing or then currently proposed WCFs within the Town, and outside of the Town within one mile of its boundaries. In addition, the applicant shall inform the Town generally of the areas in which it believes WCFs may need to be located within the next three years. The inventory list should identify the site name, site address or County Parcel ID number, and a general description of the Facility (i.e., rooftop Antennas and ground mounted equipment). This provision is not intended to be a requirement that the applicant submit its business plan, proprietary information, or make commitments regarding locations of WCFs within the Town. All applicants for WCFs are to share general information, assist in the Town's infrastructure planning process, and promote Collocation by identifying areas in which WCFs might be appropriately constructed for multiple users. 3. Applications for Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Right -of -Way. In all zoning districts, applications for Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Right -of -Way, shall be reviewed by Staff for conformance to this Section and Code using the applicable Development Plan review procedures set forth in this Code. 4. Applications for Towers. In all zoning districts and planned unit developments, all other Towers may be permitted only as a Conditional Use. WCFs shall be reviewed for conformance to all applicable procedures and standards set forth in Chapters 3 and 14 of this Code. All applications for Towers shall demonstrate that other altemative design options such as Base Stations or Alternative Tower Structures are not viable options as determined by the Town. (b) Review Procedures for Eligible Facilities Requests. 1. Application. In all zoning districts and planned unit developments, Eligible Facilities Requests for Collocation on or modification of an Existing Tower or Base Station shall be considered a use by right subject to administrative review. The Town shall prepare, and from time to time revise and make publicly available, an application form which shall be limited to the information necessary for the Town to consider whether an application is an Eligible Facilities Request. Such information may include, without limitation, whether the request: a. Would result in a Substantial Change; b. Violates a generally applicable law, regulations, or other rule codifying objective standards reasonably related to public health and safety. The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation. 2. Type of Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this Section, Staff shall review such application to determine whether the application so qualifies. 3. Timeframe for Review. Subject to the tolling provisions of subparagraph d. below, within 60 days of the date on which an applicant submits an application seeking approval under this Section, the Town shall approve the Eligible Facilities Request application unless it determines that the application is not covered by this Subsection. 4. Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the Town and the Applicant, or in cases where Staff determines that the application is incomplete: a. To toll the timeframe for incompleteness, the Town must provide written notice to the Applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application; b. The timeframe for review begins running again when the Applicant makes a supplemental written submission in response to the Town's notice of incompleteness; and c. Following a supplemental submission, the Town will notify the Applicant within 10 days whether the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in subparagraph (a) above. In the case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness. 5. Failure to Act. In the event the Town fails to act on a request seeking approval for an Eligible Facilities Request under this Section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant becomes effective when the Applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. 6. Interaction with Telecommunications Act Section 332(c)(7). If the Town determines that the Applicant's request is not an Eligible Facilities Request as delineated in this Chapter, the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC's Shot Clock order, will begin to run from the written issuance of the Town's decision that the application is not a covered request. To the extent such information is necessary, the Town may request additional information from the Applicant to evaluate the application under Section 332(c)(7) reviews. The Town shall identify the need for any such additional information together with the notice that the request is not an Eligible Facilities Request, and if such additional information is requested, the reasonable time frame under Section 332 (c)(7) will begin to run beginning on the date that such additional information is received by the Town. 7. Procedures superseded by future federal decisions. The intent of this subsection (b) is to restate currently applicable federal requirements, and not to create a redundant set of municipal requirements. Should these federal requirements materially change, by action of the FCC or a court of competent jurisdiction or in any other effective manner, such requirements shall apply and shall supersede the requirements of this subsection. (c) Abandonment and Removal. Prior to approval, affidavits shall be required from the owner of the property and from the Applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of six months. (d) Decision. Any decision to approve, approve with conditions, or deny an application for a WCF, shall be in writing and supported by substantial evidence in a written record and shall be provided to the applicant within ten (10) days the decision. If the approval is for a concealed WCF, the written decision shall specifically identify that the WCF is a concealed facility. (e) Compliance with Applicable Law. Notwithstanding the approval of an application for a new WCF or Collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in Town Code and any other applicable laws or regulations. In addition, all WCF applications shall comply with the following: 1. Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF; 2. Comply with public easements, covenants, conditions and/or restrictions on or applicable to the underlying real property; (f) 3. Be maintained in good working condition and to the standards established at the time of application approval or as otherwise required by applicable law; and 4. 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 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 WCFs located in the rights -of -way or on other Town -owned property may be removed by the Town at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the Town. Compliance Report. Upon request by the Town, the Applicant shall provide a compliance report within 45 days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, applicable Code requirements and standard regulations. §14.7 — STANDARDS FOR APPROVAL. (a) It is the intent of the Town to provide for approval of WCFs administratively in cases where visual impacts are minimized, view corridors are protected, WCFs utilize appropriate camouflage/concealment design techniques to avoid adverse impacts on the surrounding area, and WCFs are designed, maintained, and operated at all times to comply with the provisions of this Chapter and all applicable law. (b) WCFs that are not Eligible Facilities Requests shall be evaluated for approval subject to compliance with the Design Standards of Section 14.5 and the following criteria: 1. Base Station: a. Such facilities shall be architecturally compatible with respect to attachments, and colored to match or blend with the building or structure to which they are attached; b. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be 6 feet; c. Wall mounted WCFs shall not extend above the roof's highest point above grade unless mounted to a penthouse; and d. Roof mounted WCFs shall be approved only where an Applicant demonstrates a wall mounted WCF is inadequate to provide service and evaluated for approval based upon the following criteria: i. Roof mounted antennas shall extend no more than 12 feet above the parapet of any flat roof or highest point above grade of a sloped roof or penthouse to which they are attached; ii. Roof mounted panel antennas shall extend no more than 7 feet above the parapet of a flat roof or highest point above grade of a sloped roof or penthouse to which they are mounted; and iii. Other roof mounted Transmission Equipment shall extend no more than 10 feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. 2. Alternative Tower Structures: a. Such structures shall be architecturally compatible with the surrounding area; b. Height and size of the proposed alternative tower structure shall be minimized as much as possible; c. Such structures shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries; d. Such structures should take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses; e. Such structures shall be compatible with the surrounding topography; f. Such structures shall be compatible with the surrounding tree coverage and foliage; g. The design of the Site shall be compatible with the surrounding built environment, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and h. Impact on the surrounding area of the proposed ingress and egress, if any, shall be minimized as much as possible. 3. WCFs within Right -of -Way. An Alternative Tower Structure or Small Cell Facility may be deployed in the Right -of -Way, including the utilization of a traffic signal, street light pole, or similar structure within a Right -of -Way or freestanding structure. Such facilities shall remain subject to the Alternative Tower Structures standards of approval noted above and subject to the following criteria below: a. The pole or structure must not be more than ten feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within 1000 feet of the pole or structure. b. Any new pole for WCFs shall be separated from any other similar pole, accessory equipment or wireless communication facility in the Right -of - Way by a distance of at least 300 feet. c. When placed near a residential property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among abutting properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting streets. d. Collocations are strongly encouraged and the number of poles within the Right -of -Way should be limited as much as possible. e. Equipment enclosures shall be located out of view as much as possible. 4. All Other Towers: a. The height or size of the proposed Tower shall be compliant with the restrictions of the underlying zoning district; b. The Tower shall not be located so close to residential structures and residential district boundaries that it will result in significant negative impacts to residential activity; c. The Tower shall be compatible with the nature of uses on adjacent and nearby properties; d. The Tower shall be compatible with the surrounding topography; e. The Tower shall be compatible with the surrounding tree coverage and foliage; f. The design of the Tower shall be compatible with the surrounding built environment, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. The proposed ingress and egress of the Tower shall result in no significant negative impacts to the surrounding properties; h. No new Towers shall be permitted unless the Applicant demonstrates to the reasonable satisfaction of the Town that no existing WCFs can accommodate the needs that the Applicant proposes to address with its Tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following: i. No existing WCFs with a suitable height are located within the geographic area required to meet the Applicant's engineering requirements; ii. Existing WCFs do not have sufficient structural strength to support Applicant's proposed WCF; iii. The Applicant's proposed WCFs would not cause electromagnetic interference with the WCFs on the existing WCFs or the existing WCF would cause interference with the Applicant's proposed WCF; and iv. The Applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for collocation. (c) Setbacks and Separation. The following minimum setbacks and separation requirements shall apply to all WCFs; provided, however, that the Decision - Making Body may reduce standard setbacks and separation requirements if the Applicant demonstrates that the goals of this Section can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact. A Tower shall meet the greatest of the following minimum setbacks from all property lines: 1. The setback for a principal building within the applicable zoning district; 2. Twenty-five percent of the facility height, including WCFs and Related Accessory Equipment; and 3. The distance of the Tower height, including antennas, to the nearest habitable structure, unless the applicant demonstrates the Tower would collapse within a smaller distance with no impacts to surrounding habitable structures.