Wireless Telecommunication Facilities (Chapter 2 Section G, pp. 69-81)
This section of the Delta County Land Use Code outlines regulations regarding Wireless Telecommunications Facilities. A Wireless Communication Facility 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. The regulations apply to new facilities and modifications, excluding those owned by amateur radio operators or on state/federal lands.
The approval may be given if the new facility is addressing gaps in coverage or capacity. The newer technologies are designed to add high frequency radio waves; however, the trade off in the range that the signal can cover and typically has a line-of-sight distance limitation. The solution is an increase of number of towers and the code allows for towers being at least 300 feet apart (about 3 football fields). Here’s an abstract of one peer reviewed study which describes the health repercussions of human-made electromagnetic fields in general. Below are the key requirements for approval but “alternatives” may be used if necessary to address a service need.
Approval of a new wireless communications facility:
on private property requires a Conditional Use Permit for all zones (administrative process within the Planning Department, a review by the Planning Commission and final decision by the Board of County Commissioners),
on County property requires a Limited Use Permit with a public notice. The public notice involves posting of a sign and mailing notices which have to be at least 14 days before the public hearing and a mailing is distributed to adjacent property owners (includes properties separated only by a Right-of-Way) (Ch. 7 Sec. 5)
For Existing Towers and Base Stations, the Planning Department director processes the application without public notification. The project has to meet specific criteria:
a) Does not substantially change the physical dimensions of the support structure.
b) Does not violate laws related to public health and safety.
c) Complies with original design elements or conditions of approval.
d) Complies with concealment elements necessary for alternative communication facilities.
Approval for existing towers and base stations requires development application/site plan review and, if on public property:
a) A lease or license agreement with the relevant governmental entity.
b) A Right-of-Way Use Permit if the location is within the County Right-of-Way.
The Director shall also process applications without public process for:
Building-Mounted Wireless Communications Facilities,
Small Wireless Facilities (as long as they are up to 50 ft in height, on structures no more than ten-percent (10%+) taller than other adjacent structures, antennae are no more than 3 cubic ft in volume, wireless equipment is no more than 28 cubic ft in volume, the facilities are 300 ft apart, do not require antenna structure registration under 47 C.F.R. part 17; and do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b). ),
Temporary Wireless Communications Facilities - subject to reasonable time limitations approved by same based on the nature, scope and duration of the emergency, disaster, or special event.
Other key points of this section of the LUC include:
Location: Facilities are allowed on public/private property, with exceptions for small residential lots that are one acre or less. The location and development of wireless communication facilities shall, to the maximum extent possible, preserve the existing character of the topography and vegetation but can be in the Right-of-Way of a Scenic Byway (some plans and illustrations are required) and public Rights-of-Way.
Appearance: Wiring will be made look contained and pretty (with coordinate colors), the facilities shall add no more than ten (10) feet of additional height to the pole. Any ground-level equipment shall be buried or screened by landscaping that is approved by the County along with the permit issued under this Code. The owner of the facilities shall provide for the maintenance of such landscaping.
Design and Operation: Facilities must prioritize shared use of existing towers or other freestanding communication facilities , minimize height (the minimum height necessary to provide coverage to the applicable service area given by the applicant) and footprint (shall not exceed 350 square feet per operator) , and comply with setbacks (at least the height of the wireless communications facilities ) and visual mitigation requirements (a “Concealment Element Plan”) to the maximum reasonable extent. No portion of the facility, including any antenna array, may extend beyond the property line unless the encroachment is allowed by easement or license agreement. Facilities shall not be artificially lighted, unless required by the Federal Aviation Administration (FAA) or other governmental authority with jurisdiction to mandate lighting and the lighting must be shielded or directed to the greatest extent possible so as to minimize the amount of light falling onto nearby properties, particularly residences and livestock operations.
Approval Process: Varies based on facility type and location, ranging from Conditional Use Permits for private property to Limited Use Permits for county property. The Director shall determine the type of application based on the information presented.
Shot Clocks: FCC-mandated timeframes for application review are established to ensure timely processing.
Abandonment and Removal: Requirements for removing obsolete or abandoned facilities (more than 180 days ) and restoring sites are outlined.
Application Requirements: Documentation including justification, co-location efforts, and compliance with regulations is required.