agenda aspen planning & zoning commission · hrgreen, an e ngineering firm, to assist staff in...

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AGENDA

ASPEN PLANNING & ZONING COMMISSION

February 18, 2020

4:30 PM,

I.SITE VISIT

II.ROLL CALL

III.COMMENTS

IV.MINUTES

IV.A. Draft Minutes 1-21-2020

V.DECLARATION OF CONFLICT OF INTEREST

VI.PUBLIC HEARINGS

VII.OTHER BUSINESS

VII.A. Discussion and Input - Wireless Communications Facilities Design Guidelines andLand Use Code AmendmentMemo_P&Z_Recommendation.pdfExhibit A_Wireless Communications Facilities Design Guidelines -Third Draft 021120.pdfExhibit B 26.505.trackchanges_2_13.pdfExhibit C 26.505.cleandraft_2_13.pdfExhibit D Rendering.pdfExhibit E Summary of Public Outreach.pdf

VIII.BOARD REPORTS

IX.ADJOURN

Typical Proceeding Format for All Public Hearings

1) Conflicts of Interest (handled at beginning of agenda)2) Provide proof of legal notice (affidavit of notice for PH)3) Staff presentation4) Board questions and clarifications of staff

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/532948/Memo_P_Z_Recommendation.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/532949/Exhibit_A_Wireless_Communications_Facilities_Design_Guidelines_-Third_Draft_021120.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/532950/Exhibit_B_26.505.trackchanges_2_13.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/532945/Exhibit_C_26.505.cleandraft_2_13.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/532946/Exhibit_D__Rendering.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/532947/Exhibit_E__Summary_of_Public_Outreach.pdf

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5) Applicant presentation6) Board questions and clarifications of applicant7) Public comments8) Board questions and clarifications relating to public comments9) Close public comment portion of bearing10) Staff rebuttal/clarification of evidence presented by applicant and public comment11) Applicant rebuttal/clarification

End of fact finding.Deliberation by the commission commences.No further interaction between commission and staff, applicant or public

12) Chairperson identified the issues to be discussed among commissioners.13) Discussion between commissioners*14) Motion*

*Make sure the discussion and motion includes what criteria are met or not met.

CODE OF CONDUCT FOR CITIZEN COMMENTS DURING CITY OF ASPEN PLANNING ANDZONING COMMISSION MEETINGS:

Planning and Zoning Commission meetings shall be conducted in a fair and impartial manner. Citizen commentsshall respect the need for civility for effective public discussion of issues.

Citizen comments regarding any matter not on the agenda will be allowed during the designated time on the agendaand may be disallowed at other times during the meeting.

Those wishing to address the Commission on any matter not on the agenda will be allowed a three-minutepresentation per speaker. This “three minute rule” shall also be applicable to citizens wishing to address theCommission during the public comment portion of public hearings for agenda items.

The Chair or presiding officer retains the discretion to allow or disallow public comment on any agenda item that isnot designated as a public hearing.

All citizen comments should be directed to the Commission, and not to individual members of the public.

Defamatory or abusive remarks, shouting, threats of violence or profanity are OUT OF ORDER and will not betolerated. Persons violating these policies may be asked to terminate their comments. In the event of repeatedviolations or refusal to abide by these policies or directives, the Chair or presiding officer has authority to requestthe individual to leave the meeting or direct a peace officer to remove the individual from the Commission meeting.

Revised July 8th, 2019

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MEMORANDUM TO: Planning and Zoning Commission FROM: Justin Forman, P.E., Operations Manager, Utilities;

and Ben Anderson, AICP, Planner II, Community Development MEMO DATE: February 14, 2020 MEETING DATE: February 18, 2020 RE: Wireless Facility Design Guidelines and Related Land Use Code

Amendment; Input for Council consideration REQUEST OF THE COMMISSION: On March 10 and 24, City Council will consider Ordinance No. 3, Series of 2020. This Ordinance will propose two things: 1) Adoption of the Wireless Communications Facilities Design Guidelines, and 2) an Amendment to Chapter 26.505 of the Aspen Land Use Code to accommodate the new design guidelines and update changes to processes in the review of wireless facilities. Staff requests that the Planning and Zoning Commission provide input, including statements of support or objection, and specific changes or additions – for consideration by the City Council. SUMMARY AND BACKGROUND: In 2017 and 2018, rule changes from the Federal Communication Commission (FCC) and a new Colorado State Statute fundamentally changed the ability of local jurisdictions to regulate a particular type of wireless telecommunications facilities called small cell facilities. The changes were implemented to facilitate wireless providers in the deployment of new wireless technology. Specifically, these rule changes:

• Preempt local authority over the use of the public right-of-way for these facilities (FCC)

• Shorten times for local reviews (FCC) • Limit local fees (FCC) • Limit local review to aesthetic and location preferences (FCC) • Allow small cell facilities as a use by right in all zone districts (Colorado)

Like many other communities, these rule changes created challenges for City staff as there were not regulations, standards, or processes in place to evaluate these facilities in the public right-of-way. In fall of 2018, COA staff began responding to this new paradigm.

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Work Completed to Date To date, a multi-department team has implemented the following:

• A fully new section of the land use code, written in consultation with telecommunication attorneys, to define new review processes, definitions, and basic design guidelines.

• A new land use application specific to wireless telecommunications facilities. • New processes that coordinate reviews by Community Development (planning and

building), Engineering, and Utilities for facilities in the right-of-way. This was necessary to ensure compliance with new “shot clock” review timelines.

Much of the initial work on this was completed as a stop-gap measure, as the City needed to get rules and processes in place to respond to what was feared to be imminent applications for these facilities. When these changes were adopted in March of 2019, Council directed staff to update the City’s Design Guidelines on new wireless deployments. In August of 2019, City Council approved a contract for professional services with HRGreen, an engineering firm, to assist staff in the creation of a more robust set of design guidelines in giving specific definition to small cell facilities that are in the public right-of-way. Role of Design Guidelines The completed design guidelines will give definitive and detailed direction to the wireless carriers and their representatives as they design wireless facilities for the Aspen market. Additionally, the guidelines will give clear direction to city staff in the processes and criteria for review of new facilities and upgrades to existing facilities. Related to the adoption of the Design Guidelines, staff has been drafting an amendment to the Land Use Code that gives direction to applicability, process, and the use of the design guidelines within the review of wireless facilities. Once this amendment is adopted, the design guidelines can be amended and evolve in response to new technology and federal and state regulations, without having to further amend the Land Use Code. The relationship of the Wireless Design Guidelines to the LUC will be similar in this way to Aspen’s Commercial Design, and Historic Preservation Design Standards and Guidelines. Public Engagement In the drafting of the design guidelines, it was essential that staff engage the public on this topic as the implementation of small cell facilities raised concerns over visual impacts to the community and a global conversation about potential health concerns of 5G wireless technology gained the attention of citizens. Developed by City Communications Department staff, a comprehensive engagement strategy was successfully deployed. We had direct interactions and received input from 200+ residents and stakeholders.

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A summary of public outreach – including communication efforts, events, and comments received is included as Exhibit E. DISCUSSION: Key Elements of Design Guidelines (The full draft is included as Exhibit A)

1) Replacement of existing street lights – staff recommends that our first choice for small cell facilities in the right-of-way be in the location of an existing street light. The street light would be replaced with a small cell pole that would be fully paid for by the wireless provider. 2) Height – staff recommends that small cell facilities in the right-of-way be limited to 25 feet in height. Federal rules allow these facilities to be up to 50 feet in height. Staff based Aspen’s recommended height on the maximum height of structure allowed in our residential zone districts. 3) Minimum distance between facilities – staff recommends that we limit the minimum distance between facilities that contain the same wireless provider’s equipment to 600 feet. This includes both small cell facilities – and larger facilities that may be on rooftops of private or public buildings.

4) Pole design features – staff recommends the following: a) The pole will have a fluted pattern to reference our existing street lights b) The pole diameter is limited to 18” at the pole’s base

c) The pole and antenna structure will be painted to match the color of our existing street lights d) A luminaire (street light fixture) will be mounted to the small cell pole in replacement of the existing street light:

• The fixture will be mounted at a height consistent with best practices and requirements in street light design

• The style of the fixture is “hockey puck” design, approximately 18 inches in diameter.

• The fixture will be flush mounted to the pole (little or no armature)

• The fixture will be downlit • The fixture will meet City of Aspen B.U.G. (backlight, uplight,

glare) standards – defined in a policy adopted in 2013. A rendering of a monopole (standalone facility without a luminaire) and a monopole with luminaire are attached as Exhibit D. 5) Concealment of related equipment – staff recommends that all equipment related to small cell facilities shall be located within the pole structure or in an underground vault.

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6) Prohibited Locations – Staff recommends the following areas be prohibited in the location of small cell facilities:

Relationship to Designated Historic Properties and Districts

No small cell facilities are allowed in the right-of-way along the property frontage adjacent to any street facing façade of these iconic Aspen buildings: +Wheeler Opera House +Elks’ Building +Independence Building +Wheeler/Stallard Museum +Hotel Jerome +City Hall (Armory Bldg.) +Pitkin County Courthouse +St. Mary’s Church +Sardy House

No small cell facilities are allowed in the right-of-way of Aspen Pedestrian Malls. These areas are described as Hyman and Cooper Avenues between Mill and Galena Streets, and Mill Street between Copper and Hyman Avenues.

Relationship to Designated Mountain View Planes

No small cell facilities are allowed in the foreground of a designated Mountain View Plane. See Aspen Land Use Code 26.435 for the identification of these areas.

Relationship to designated Open Space

No small cell facilities are allowed in the right-of-way adjacent to any designated Open Space parcels.

7) Notice Requirements – If a small cell facility meets the design guidelines, they would be considered as an administrative review – and no public notice would be required until after an approval was granted. Therefore, staff recommends that within 15 days of an application being deemed complete, the applicant shall complete the following: a) A poster being placed on site that includes

A photo simulation of the proposed facility A brief description of the type of equipment and RF signal Contact information for the carrier and city staff

b) A mailed notice to all property owners within 300 feet of the facility. c) Newspaper notice in the form of a box advertisement d) Updates to City of Aspen GIS and Map Aspen showing the location of the proposed facility.

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Response to Public Concerns The most significant and consistent comments that staff received related to small cell facilities came from citizens concerned about potential health effects of emerging 5G technology. While Federal Law prohibits local communities from regulating these facilities based on environmental or health concerns, staff recommends the following requirements as part of the application and approval of wireless facilities:

1) NIER Reporting – this is a technical description of the specific radio frequencies that are expected as designed from a specific small cell facility – related to the FCC rules regarding maximum permissible exposure (MPE). This report, which Aspen has not required in the past, will provide detailed information about the radio frequency emissions specific to a given facility. It will be required in the establishment of a new facility and any time a facility is upgraded. 2) Required testing and reporting of the actual frequencies and strength of frequencies being emitted following the installation or upgrade of a wireless facility within 90 of completion of work. Additionally, annual audits of radio frequency signals from all facilities will be required. This will be the responsibility of the cellular providers.

Key Elements of the Land Use Code Amendment (Full versions are included as Exhibits B and C) The proposed amendment to Chapter 26.505 would make relatively minor changes to the chapter to respond to the new design guidelines and to changes in or review processes. Highlights of the proposed amendment: 1) All design requirements have been removed from the land use code chapter and placed into the design guidelines document. The design guidelines, once adopted, are technically part of the land use code, but having them as a distinct document makes it easier to make modifications in response to future changes in the technology or new community desires related to the facilities. This is a relationship of the code to standalone documents that is shared with the Commercial, Lodging and Historic District Design Standards and Guidelines and The Historic Preservation Design Guidelines. 2) For wireless facilities, the land use application and any necessary building permits or right-of-way permits are required to be submitted concurrently. This is departure from other development processes but will allow staff to better respond to the “shot clock” requirements for review of wireless facilities. 3) It has been further defined in the proposed amendment, but in essence most reviews for wireless facilities, including those in the right-of-way will be reviewed administratively if they conform to the design guidelines. Board Review (P&Z and HPC) will be initiated for facilities of a particular scale on private property – or for any facility that is requesting a variance from the design guidelines. The review criteria for granting a variance – are

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limited to situations where adhering to the design guidelines would make a facility technically or practically infeasible. Recommendation P&Z is encouraged to provide any recommended changes or improvements to either document for Council consideration. All comments will be presented to Council during review of Ordinance No. 3 Series of 2020. EXHIBIT A: Draft of Wireless Communications Facilities Design Guidelines EXHIBIT B: Track changes / redline version of proposed changes to Chapter 26.505 EXHIBIT C: Clean draft of proposed changes to Chapter 26.505 EXHIBIT D: Renderings of small cell facilities that would meet the proposed

design guidelines. EXHIBIT E: Summary of Public Outreach

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Wireless

Communications

Facilities Design

Guidelines February 11, 2020

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Wireless Communications Facilities Design Guidelines

Working Draft 2 | P a g e

Table of Contents

1. Executive Summary ................................................................................................ 4

1.1 Background ....................................................................................................................................... 4

1.2 Regulatory Matters ............................................................................................................................ 4

1.3 Overview of Key Design Guidelines ................................................................................................ 5

1.4 Statement of Purpose ....................................................................................................................... 6

2. General Information ................................................................................................ 7

2.1 Introduction ....................................................................................................................................... 7

2.2 Definitions .......................................................................................................................................... 7

2.3 Application and Review Procedures ............................................................................................... 9

2.4 Additional Review Procedures ........................................................................................................ 9

2.5 Conditions and Limitations ............................................................................................................ 10

3. SCF Pole Design Guidelines ................................................................................ 12

3.1 General Pole Design Standards .................................................................................................... 12

3.2 Utility Distribution Poles ................................................................................................................ 13

3.3 Streetlight Poles .............................................................................................................................. 13

3.4 Traffic Signal Poles ......................................................................................................................... 14

3.5 New Poles ........................................................................................................................................ 15

4. SCF Pole Siting Requirements ............................................................................ 17

4.1 Location ........................................................................................................................................... 17

4.1.1 Site selection ..................................................................................................................... 18

4.1.2 Prohibited Locations......................................................................................................... 18

4.1.3 Public buildings, structures and rights-of-way ............................................................. 18

4.2 Height Requirements .................................................................................................................... 19

4.3 Noise................................................................................................................................................. 19

4.4 Related Accessory Equipment. ..................................................................................................... 19

4.5 Lighting ............................................................................................................................................ 19

4.6 Signage ........................................................................................................................................... 19

5. Non-SCF Design Guidelines and Siting Requirements ..................................... 20

5.1 Prohibitions ..................................................................................................................................... 20

5.2 Site Selection ................................................................................................................................... 20

5.3 Historic sites and structures ......................................................................................................... 20

5.4 Public buildings, structures and rights-of-way ........................................................................... 20

5.5 Design Guidelines for all WCFs that are not SCFs in the ROW ................................................. 21

5.5.1 Camouflage/Concealment ................................................................................................ 21

5.5.2 Collocation ......................................................................................................................... 21 10



5.5.3 Setbacks ............................................................................................................................. 22

5.5.4 Height ................................................................................................................................. 22

5.5.5 Architectural compatibility ............................................................................................... 23

5.5.6 Compatibility with the natural environment ................................................................... 23

5.5.7 Screening ........................................................................................................................... 23

5.5.8 Lighting and Signage ........................................................................................................ 24

5.5.9 Noise ................................................................................................................................... 24

5.6 Additional design requirements .................................................................................................... 24

5.6.1 Base Stations ..................................................................................................................... 24

5.6.2 Alternative Tower Structures not in the Public Right-of-Way ...................................... 25

5.6.3 Towers ................................................................................................................................ 25

5.7 Related Accessory Equipment. ..................................................................................................... 25

5.8 Access ways .................................................................................................................................... 26

6. Safety Requirements ............................................................................................ 27

Appendix A: Design Concepts ................................................................................... 28

A.1 SCF pole without an attached light fixture .................................................................................. 28

A.2 SCF pole with a hockey puck light fixture ................................................................................... 29

Appendix B: Lighting Fixture Specifications ............................................................ 30

B.1 Gardco SlenderForm Hockey Puck LED ...................................................................................... 30

Appendix C: SCF Construction Plan Review Checklist ........................................... 35

Appendix D: Small Cell / 5G Background Information ............................................. 43

D.1 Small Cell Definition ....................................................................................................................... 43

D.2 5G Definition ................................................................................................................................... 44

D.3 Sources ........................................................................................................................................... 47

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1. Executive Summary

1.1 Background

The City of Aspen (City), as with communities across the country and around the world, is facing the next wave of communications technology. It has the potential to impact the safety, aesthetic values, and enjoyment of our community in a manner and to a degree that is far more extensive than cellular phones and other types of recent technology.

While most carriers closely hold their deployment schedules, Aspen due to its clientele and market potential will rank among the top 10-20% on the carriers’ lists and can expect to see a significant increase in applications from most of the major carriers

Small cell communications can also include what is now known as 5G technology. 5G technology can sometimes utilize higher frequencies, or shorter, “millimeter wave” with the capability to accommodate significantly higher data needs than current 4G/LTE technologies. The physical limits of some of the higher frequencies require that the transmitters be installed at a much reduced spacing, and may ultimately be roughly 300 feet, which is similar to the spacing of streetlights or fire hydrants rather than 2+/- mile or greater distances that 4G/LTE technologies accommodate. The result of this physical need is that the public rights-of-way are often the optimal location to install the required equipment.

In September of 2018, the Federal Communications Commission (FCC) adopted the Declaratory Ruling and Third Report and Order, known as FCC 18-133. The Order outlines the extent to which local agencies may or may not regulate the installation of small cell facilities within the public rights-of-way and the use of existing public infrastructure.

In July of 2017, more than a year before the adoption of the FCC Order, House Bill 17-1193, the State of Colorado, Small Cell Facilities Permitting and Installation Act (the Act), became effective. In general, the Act specifies how local authorities throughout Colorado, may regulate the attachment of small cell facilities.

Similar to the advent of the telephone which required extensive wires, switch boxes, poles and other structures to provide these services, small cell communications technology will ultimately require a structure to mount a transmitter approximately every 300 to 600 feet most often with fiber optic cable and power conductor cable connections to each one.

Absent the adoption of standards to assure that installations are context sensitive, service providers would be free to install equipment with no concern for the visual impact that they create. This document seeks to accommodate the implementation of the new technology while assuring that the new infrastructure is installed using context sensitive solutions.

In addition, the equipment needs to be located where it will not interfere with visibility for drivers, interference with sidewalks, or other common amenities found in public rights-of-way.

Other issues such as safety, aesthetics, noise and accommodating multiple providers at each location are also addressed within these Guidelines. For more information on small cell background, please see Appendix D.

1.2 Regulatory Matters

The Order establishes fees, “shot clocks,” and provides limits on local governments’ control of small cell infrastructure.

Colorado’s Small Cell Facilities Permitting and Installation Act (the Act) became effective July 1, 2017. In a similar manner to the FCC Order, the Act establishes “shot clocks” and provides limits on local governments’ control of small cell infrastructure in public rights-of-way.

Various provisions of the Colorado and FCC actions provide similar but sometimes conflicting direction on issues such as fees, shot clocks, aesthetics and other considerations. The City has established the governing structures in Chapter 26.505 of its City Code, and all references to these items are governed by (a) Chapter 26.505 of the City Code and subsequently (b) by definition in this Design Guidelines manual.

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The purpose of Chapter 26.505 is to regulate the placement, construction, and modification of towers and wireless communications facilities (WCFs) to protect the health, safety and welfare of the public, provide for managed development, installation, maintenance, modification, and removal of wireless communications infrastructure that is consistent with Aspen’s small mountain town character, while at the same time not unreasonably interfering with the development of a competitive wireless communications marketplace in the City.

All applications for the installation or development of WCFs and/or equipment must receive building permits and/or right-of-way permits, as applicable, prior to installation. Prior to the issuance of appropriate building permits, WCFs and/or equipment shall be reviewed for approval by the Community Development Director and City Engineer to verify conformance with the provisions and criteria of Chapter 26.505 as well as other applicable sections of City of Aspen Code including Title 21 – Streets, Sidewalks and Other Public Places, Title 25 – Utilities, and Title 29 – Engineering Standards. WCFs and equipment subject to the provisions and criteria of Chapter 26.505 include without limitation, small cell facilities (SCF) within the Public Rights of Way, cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms.

1.3 Overview of Key Design Guidelines

The following is an overview of key elements of these design guidelines.

1) Replacement of existing street lights – the location for small cell facilities in the right-of-way shall be in the location of an existing street light. The street light would be replaced with a small cell pole that would be fully paid for by the wireless provider.

2) Height – small cell facilities in the right-of-way shall be limited to 25 feet in height. This is based on Aspen’s recommended maximum height of structures allowed in residential zone districts.

3) Minimum distance between facilities – the minimum distance between facilities that contain the same wireless provider’s equipment is 600 feet. This includes both small cell facilities – and larger facilities that may be on rooftops of private or public buildings.

4) Pole design features:

a. The pole will have a fluted pattern to reference our existing street lights

b. The pole base diameter is limited to 18”

c. The pole and antenna structure will be painted to match the color of our existing street lights

d. A luminaire (street light fixture) will be mounted to the small cell pole in replacement of the existing street light fixture:

i. The fixture will be mounted at a height consistent with best practices and requirements in street light design

ii. The style of the fixture is “hockey puck” design, approximately 18 inches in diameter.

iii. The fixture will be flush mounted to the pole (little or no armature)

iv. The fixture will be downlit

v. The fixture will meet City of Aspen B.U.G. (backlight, uplight, glare) standards – defined in a policy adopted in 2013.

5) Concealment of related equipment – all equipment related to small cell facilities shall be located within the pole structure or in an underground vault.

6) Prohibited Locations

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a. Relationship to Designated Historic Properties and Districts

No SCFs are allowed in the right-of-way along the property frontage adjacent to any street facing façade of these iconic Aspen buildings:

Wheeler Opera House (320 E Hyman Ave)

Wheeler/Stallard Museum (620 W Bleeker St)

Elks’ Building (510 E Hyman Ave)

Independence Building (404 S Galena St)

Pitkin County Courthouse (506 E Main St)

Hotel Jerome (330 E Main St)

City Hall (Armory Building) (130 S Galena St)

St. Mary’s Church (533 E Main St)

Sardy House (128 E Main St)

No SCFs are allowed in the right-of-way of the Aspen Pedestrian Malls. However, they may be placed on private property along the Malls. These areas are described as Hyman and Cooper Avenues between Mill and Galena Streets, and Mill Street between Copper and Hyman Avenues.

b. Relationship to Designated Mountain View Planes

No SCFs are allowed in the foreground of a designated Mountain View Plane. See Aspen Land Use Code 26.435 for the identification of these areas.

c. Relationship to designated Open Space

No SCFs are allowed in the right-of-way adjacent to any designated Open Space parcels.

7) NIER Reporting – this is a technical description of the specific radio frequencies that are expected as designed from a specific small cell facility – related to the FCC rules regarding maximum permissible exposure (MPE). This report will provide detailed information about the radio frequency emissions specific to a given facility. It will be required in the establishment of a new facility and any time a facility is upgraded.

8) Testing - testing and reporting of the actual frequencies and strength of frequencies being emitted following the installation or upgrade of a wireless facility is required. Additionally, annual audits of radio frequency signals from all facilities will be required. This will be the responsibility of the City or its representative with the assistance of the applicant.

1.4 Statement of Purpose

The City of Aspen Wireless Communications Infrastructure Design Guidelines which provide objective, technically feasible criteria applied in a non-discriminatory manner are hereby established with the goal of accommodating the installation of wireless communications facilities including small cells (4G, LTE, 5G, and other systems currently under development) technology within the City of Aspen, provided that the installations meet the following standards:

Aesthetics

Location

Spacing of facilities

Accommodation of multiple providers at each location

Safety

Noise

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2. General Information

2.1 Introduction

These Wireless Communications Infrastructure Design Guidelines are intended to supplement the requirements of Aspen Land Use Code Chapter 26.505, Wireless communications facilities and equipment as well as Title 21 – Streets, Sidewalks and Other Public Places, Title 25 – Utilities, and Title 29 – Engineering Standards. They provide objective, technically feasible criteria consistent with Aspen’s small mountain town character, applied in a non-discriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the City shall consider in reviewing an application:

(a) The location of any wireless communications facilities (WCF) including their relationship to other existing or planned WCF sites regardless of provider

(b) The location of a WCF on a wireless support structure

(c) The appearance and concealment of WCFs, including those relating to materials used for arranging, screening, and landscaping

(d) The design and appearance of a wireless support structure including any height requirements adopted in accordance with these Guidelines

It is the goal of the City to allow the installation of a wireless communications infrastructure with a minimum foot print. This shall be accomplished by WCF siting and the use of multi-cell poles that can accommodate multiple service providers.

The City may revise, develop new, update, or amend these Guidelines as necessary to meet the goals of the City. The provisions of these Guidelines shall not limit or prohibit the City's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from these Wireless Communications Infrastructure Design Guidelines that do not conflict with state or federal law.

2.2 Definitions

The definitions in Aspen Land Use Code Chapter 26.505 shall apply to this document unless defined differently here. If a word is not defined here or in City Code, it shall have the usual and customary meaning as defined in a standard dictionary. The following words, terms and phrases, when used in this document, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative Review means ministerial review of an Application by the City relating to the review and issuance of a Permit, including review by the designated staff to determine whether the issuance of a Permit is in conformity with the applicable provisions of these Guidelines and all City Codes.

Applicable Codes means any Code drafted and adopted by the City, including Title 21 – Streets, Sidewalks and Other Public Places, Title 25 – Utilities, and Title 29 – Engineering Standards, as well as uniform building, fire, safety, electrical, plumbing, Uniform Traffic Control or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the City, including any amendments adopted by the City, or otherwise are applicable in the jurisdiction.

Applicant means the person submitting an application that is proposing an action requiring review and approval by one or more of the sections in Chapter 26.505, as well as Title 21 – Streets, Sidewalks and Other Public Places, Title 25 – Utilities, and Title 29 – Engineering Standards. An applicant may subsequently become the developer once approval is granted, and in this case the terms shall be interchangeable.

Attached Wireless Facilities are those affixed to a structure except optical fiber, wires, coaxial cable and the mounting hardware used to attach optical fiber, wires, and coaxial cable. Examples of attached facilities

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include but are not limited to antennas, telephone boxes, power boxes, and other equipment boxes and cabinets on structures located.

Base Cabinet means a cabinet at the base of a SCF that houses the Base Station.

CDOT means the Colorado Department of Transportation.

City means the City of Aspen.

City Council means the Aspen City Council.

City Manager means the Aspen City Manager or designee.

Code means the Aspen City Code.

Development Code means Chapter 26 of the City Code, as amended.

Director means the City’s Community Development Director or designee.

Facilities means any and all equipment, structures, materials or tangible components located in the rights-of-way and used to provide a service, including without limitation: all plants, whether inside or outside, fiber strands or optic lines, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, antennas of any type, lines, termination equipment, pipes, poles, ducts, mains, conduits, inner ducts, regenerators, repeaters, underground lines, vaults, manholes, pull boxes, splice closures, wires and cables, and all other like equipment, fixtures and appurtenances used in connection with transmitting, receiving, distributing, offering, and/or providing such service. Facilities shall include, as the context dictates, wireless communications facilities, as defined herein.

FCC means the Federal Communications Commission of the United States.

FCC Order means the FCC’s Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC-18-133, released September 27, 2018, which is incorporated herein by this reference.

Height means maximum height of the WCF, including antenna, above established grade measured at the base of the structure.

House Bill 17-1193 or Act means Colorado’s Small Cell Facilities Permitting and Installation Act, which became effective on July 1, 2017 and is incorporated herein by this reference.

Macro Wireless Telecom Facility or Macrocell means a cell in a mobile phone network that provides radio coverage served by a power cellular base station (tower). The antennas for macrocells are mounted on ground-based masts, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. The term macrocell is used to describe the widest range of cell sizes.

Multi-User Facility means a facility that is designed to accommodate two or more service providers.

Ordinance means Aspen Land Use Code Chapter 26.505, Wireless communications facilities and equipment, as amended, which is incorporated herein by this reference.

Ordinary Maintenance and Repair means inspections, testing and/or repair that maintain functional capacity, aesthetic and structural integrity of a Communications Facility and/or the associated Support Structure, Pole or Tower, that does not require blocking, damaging or disturbing any portion of the Public ROW.

Structure means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, service cabinets, junction boxes, foundations, fences, retaining walls, awnings, balconies, and canopies.

Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

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https://docs.fcc.gov/public/attachments/FCC-18-133A1.pdf

https://leg.colorado.gov/sites/default/files/2017a_1193_signed.pdf

https://www.cityofaspen.com/DocumentCenter/View/136/Title-26---Part-500-Supplementary-Regulations-PDF

https://www.cityofaspen.com/DocumentCenter/View/136/Title-26---Part-500-Supplementary-Regulations-PDF



Telecommunication service(s) means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Telecommunication service provider or telecommunications applicant means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in 47 U.S.C. Section 226).

Telecommunication system means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. A system that provides both cable and telecommunications or information services may be considered both as a cable system and a telecommunications system pursuant to this Code.

Toll – a pause in the progression of the shot clock due to an incomplete application.

Unreasonable Interference means any use of the Right-of-Way that disrupts or interferes with its use by the City, 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, bike, or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare. This shall also apply to any violation of the Americans with Disabilities Act.

2.3 Application and Review Procedures

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 City in accordance with Section 26.505.050 and Section 26.505.060 in City Code.

2.4 Additional Review Procedures

In addition to the applicable application and review procedures listed in the Section 26.505.050 and Section 26.505.060 in City Code, all applications shall be reviewed based on the following procedures:

A. All applicable requirements outlined in Title 21 – Streets, Sidewalks and Other Public Places, Title 25 – Utilities, and Title 29 – Engineering Standards.

B. Small cell facility applicants must execute a master license agreement with the City, granting a non-exclusive license to use the Public Right-of-Way.

C. Because shot clocks greatly reduce staff's ability to help a submitted project through the process, the City strongly encourages applicants to submit voluntary preliminary review applications for any SCF project. Preliminary reviews are not a project and are not subject to any shot clock. Staff can then work with an applicant to address issues prior to submittal.

D. Attachment of SCFs on an existing traffic signal, street light pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner.

E. The City of Aspen reserves the right to require an applicant to pay the fees and costs of any consultant retained by the City to assist in the review of plans, applications, reports, inspections, and/or testing.

F. Certification of compliance. The wireless provider shall certify that the WCF is in compliance with applicable FCC Maximum Permissible Exposure (MPE) regulations, by submitting a site specific non-ionizing electromagnetic radiation (NIER) report for the WCF equipment type and model being installed at the site that is endorsed by a radiofrequency engineer licensed in the State of Colorado, including a certification that the WCF complies with all radiation and electromagnetic standards. The report shall specify approach distances to the general public and occupational workers at the ground and antenna centerline levels. The report shall include instructions regarding powering off the equipment or contact information for a person who can power off the equipment. No significant changes to the power, location, RF emission patterns and/or emitting frequencies may be made

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without prior notification and approval. However, non-substantive changes, for example, in-kind replacements of transmitters of the same frequency, radiation patterns and power are permitted. The City retains the right to independently verify the RF patterns as installed.

G. Public Safety. The wireless provider shall comply with all applicable FCC, state, and local codes, provisions, or regulations that concern public safety. WCFs must not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b). After transmitter and antenna system optimization, but prior to unattended operations of the facility, the wireless provider or its representative must notify the City, so the City or its representative can conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the wireless provider shall ensure that the transmitter is operating at maximum operating power. The testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. The City or its representative, with the assistance of the wireless provider, shall also conduct annual RF emissions testing.

H. Notice Requirements. At the issuance of a completeness letter for an application for a new SCF installation, the following procedures for public notice will be followed by the applicant:

Within 15 days of the completeness letter being issued, the following notice materials are required:

1) A 24x36 poster will be placed at the location of the proposed facility. The poster will include the following information:

A photo simulation of the proposed facility.

A brief description of the type of equipment and RF signal that is emitting from the facility

Contact information for the applicant.

Contact information for City staff.

2) A mailed notice to all property owners within 300 feet of the proposed facility. The mailed notice will include the information required by the on-site poster – and shall additionally include text that better explains what a SCF is.

3) Newspaper Notice – City of Aspen Community Development will facilitate.

4) Location information shall be provided so that City of Aspen GIS can update the location in a layer on Map Aspen identifying Existing and Pending Wireless facilities

City of Aspen Community Development Department will assist the applicant in the provision of notice. Any delays in the provision of necessary materials for public notice by the applicant will result in a hard stop on the shot clock tolling. All costs associated with the issuance of public notice shall be the responsibility of the applicant.

2.5 Conditions and Limitations

Except for Eligible Facility Requests or SCF applications, the City shall reserve the right to add, modify or delete conditions after the approval of a request in order to advance a legitimate City interest related to health, safety or welfare. Prior to exercising this right, the City shall notify the owner and operator in advance and shall not impose a substantial expense or deprive the affected party of a substantial revenue source in the exercising of such right.

Approval by the Community Development Director and City Engineer of a WCF application shall not be construed to waive any applicable zoning or other regulations; and wherein not otherwise specified, all other requirements of City Code shall apply, including Title 21 – Streets, Sidewalks and Other Public Places, Title 25 – Utilities, and Title 29 – Engineering Standards. All requests for modifications of existing facilities or approvals shall be submitted to the Community Development Director and City Engineer for review under all provisions and requirements of these Guidelines. If other than minor changes are proposed, a new, complete application containing all proposed revisions shall be required.

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https://www.govinfo.gov/content/pkg/CFR-2013-title47-vol1/pdf/CFR-2013-title47-vol1-sec1-1307.pdf


https://transition.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet65/oet65.pdf



Any changes to approved plans shall be subject to review and approval by the City in accordance with the process required above.

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3. SCF Pole Design Guidelines

The following Design Guidelines are only for small cell facilities (SCF) in the public right-of-way. The Design Guidelines for all other wireless communications facilities (WCF), including SCFs not in the public right-of-way, can be found in other sections of this document.

3.1 General Pole Design Standards

Every small cell facility (SCF) in the public right-of-way shall comply with the following standards:

1. All SCF equipment and appurtenances shall be housed internally with regard to the pole or alternative tower structure which hosts the SCF antennas.

2. Top-mounted antennas and their enclosures shall not extend the diameter of the utility pole or wireless support structure at the level of the antenna attachment. SCFs shall be contained in a pole with a base diameter of no more than 18 inches. The maximum diameter indicated shall extend no more than five (5) feet from ground level. Above the base, the diameter of the pole shall be a maximum of 12” and tapered to a diameter of 8” at the top.

3. Side-mounted SCF antennas are not allowed.

4. SCFs located on street light poles or traffic control devices shall not block light emanating from the street light fixture or otherwise interfere with the purpose of the street light fixture or traffic control device.

5. All WCFs shall be installed in accordance with all applicable City Codes. No wiring or cabling shall interfere with any existing wiring or cabling installed by the City, a utility or a wireless services provider.

6. No guy or other support wires will be used in connection with a SCF unless the SCF is to be attached to an existing utility pole or wireless support structure that incorporates guy wires prior to the date the applicant has applied for a permit.

7. The SCF, including the antenna, and all related equipment when attached to a new pole or wireless support structure, must be designed to withstand a wind force and ice loads in accordance with the applicable standards established in Chapter 25 of the National Electric Safety Code for utility poles, Rule 250-B and 250-C standards governing wind, ice, and loading forces on utility poles, in the American National Standards Institute (ANSI) in TIA/EIA Section 222-G established by the Telecommunications Industry Association (TIA) and the Electronics Industry Association (EIA) for steel wireless support structures and the applicable industry standard for other existing structures. The evaluation must be prepared by a professional structural engineer licensed in the State of Colorado.

8. The minimum distance between SCFs that contain the same wireless provider’s equipment is 600 feet.

9. Ground mounted enclosures, including backup power supply, and electric meters must be concealed within existing above-ground cabinets, or placed in a flush-to-grade underground equipment vault or within approved design standard treatments adopted by the City.

10. SCFs shall be located in a manner that meets the Americans with Disabilities Act (ADA) and does not obstruct, impede or hinder the usual bike, pedestrian or vehicular path of travel.

11. SCFs collocated on City-owned poles may not use the same power or communication source providing power and/or communication for the existing infrastructure. The City may permit a new SCF to use unused fibers within the same fiber cable if available. The wireless provider shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.

12. SCF poles and associated equipment must meet minimum clearances from all utility infrastructure as specified in Title 25 – Utilities and Title 29 – Engineering Standards.

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13. If required by a utility provider, a related electric meter shall not be contained within or adjacent to the SCF but will instead be located proximate to the transformer or underground with other related equipment. This requirement may be wholly or partially waived by the City’s Electric Superintendent.

14. All related cabling shall connect to the SCF underground. Above ground connections to the facility are prohibited.

15. Concealment of all SCF equipment and appurtenances shall be required, pursuant to these Guidelines.

16. Unless required by the FCC, signage is prohibited on all SCFs and wireless support structures, except for a four (4) inch by six (6) inch plate with the wireless provider’s name, location identifying information, and emergency telephone number shall be permanently fixed to the SCF equipment enclosure or shroud. The provider is required to update this information whenever it changes.

3.2 Utility Distribution Poles

All attachments to utility distribution poles that provide aerial support for overhead utility lines with or without a streetlight attached shall be approved by the City’s Electric Superintendent or Holy Cross Energy prior to installation. All equipment shall meet the City’s Electric Superintendent or Holy Cross Energy requirements and all of Aspen’s permit requirements.

Antennas shall be located inside an enclosure of no more than three (3) cubic feet.

Ground mounted enclosures, including backup power supply, and electric meters must be concealed within an existing, previously approved above-ground cabinets, or placed in a flush-to-grade underground equipment vault unless otherwise demonstrated to the satisfaction of the City to not be feasible.

All wiring shall be concealed within the pole or in conduit. The color of conduit shall be approved by the City.

3.3 Streetlight Poles

No SCF shall be attached to any existing streetlight pole unless the existing streetlight pole was specifically designed to support SCF equipment or is approved by a licensed Colorado Professional Engineer. In all other cases, the applicant shall have the existing streetlight pole removed. The applicant shall be responsible for any and all costs for removal of the streetlight pole. The applicant shall place a new combined SCF and streetlight pole in place of the removed streetlight pole or within 5 feet of the removed streetlight pole.

1. The pole design in the City right-of-way shall match the aesthetics, spacing, and architectural characteristics of existing streetlights installed adjacent to the pole.

2. The color of the pole shall be Federal color 16187 from the Federal Standards 595C Colors book.

3. SCFs shall have a fluted pattern on the shaft of the pole – in reference to the existing street light design.

4. The pole shall be designed and located in accordance with all City requirements as specified in these Guidelines, and 2015 American Association of State Highway and Transportation Officials (AASHTO) LRFD Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, and approved by the City prior to submittal of the application. Designs will be in accordance with the design concepts shown in Appendix A or as otherwise approved by the City.

5. Pole caissons should be circular in nature and designed to minimize impact of adjacent and future utilities. Concrete must follow the latest Colorado Department of Transportation (CDOT) Road & Bridge Specification for applicable mix design. All designs must be stamped and signed by a registered Professional Engineer in the State of Colorado.

6. Pole caissons must be flush-to-grade and must show the number of conduits and their locations.

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7. Geotechnical boring may be used to install pole caissons.

8. The applicant must provide a service letter for both electric and fiber.

9. All new conduits (fiber, electric, etc.) and appropriate information must be shown in the complete layout.

10. Location of existing electrical items must be shown on plans.

11. The applicant shall furnish and install a Gardco SlenderForm Hockey Puck LED streetlight luminaire as shown in section B.1 of Appendix B.

12. If required, the applicant shall wire the SCF equipment to its own meter, with recurring monthly electric service and metering paid for by the applicant.

13. The applicant shall wire the LED streetlight luminaire to the previously existing power source, with recurring monthly electric service and metering (if applicable) continuing to be paid for by the City.

14. The new pole shall have space for at least one internal bay to house SCF equipment. If the new pole is capable of housing two collocated SCFs, the pole shall have space for two internal bays. The second bay will be available to another applicant with City approval and upon demonstrating no interference with the first occupant’s SCF.

15. Support facilities and enclosures, backup power supply, and electric meters must be concealed within existing above-ground cabinets, or placed in a flush-to-grade underground equipment vault.

16. Antennas shall be located inside an enclosure of no more than three (3) cubic feet. Post-top “cantenna” style antennas shall be used.

17. All wiring shall be concealed inside the pole within a channel separate from municipal wiring within the pole.

18. If the new pole results in the removal of an existing streetlight pole, any existing caisson shall be completely removed. Landscaping, sidewalk or other surface treatment shall be restored above the removed caisson to the satisfaction of the City.

19. Due to the related street light service, the City shall be the owner of all new poles in the right-of-way including streetlight poles and luminaires upon completion of construction. The applicant shall retain ownership of any SCF.

20. The new pole shall have secured safety shutoff controls within the pole base for the City to be able to turn off the SCF equipment for streetlight maintenance purposes.

21. Removed streetlights and luminaires shall be salvaged and returned to the City of Aspen.

3.4 Traffic Signal Poles

SCFs may be installed on CDOT-owned and City-owned traffic signal poles. This assumes that the traffic signal pole is not expected to be used for emergency communications or tolling equipment. No SCF shall be attached to any existing traffic signal pole unless the existing traffic signal pole was specifically designed to support SCF equipment or is approved by a licensed Colorado Professional Engineer. In all other cases, the traffic signal pole and mast arm shall be replaced with a traffic signal pole and mast arm designed to accommodate the SCF equipment in addition to the required traffic signal and street light equipment. An applicant may be limited to one traffic signal pole within 300 feet. For example, at a signalized intersection there are generally 4 signal poles. A single applicant may be approved for only 1 of the 4 signal poles. Other applicants may be approved for the other poles. Span wire designs are not permitted.

1. New traffic signal poles, mast arms, and luminaires shall meet the City of Aspen adopted standards at the time the SCF application is made. The pole shall be designed and located in accordance with all requirements as specified by the standards and specifications of CDOT, these guidelines, and 2015 (as amended) American Association of State Highway and Transportation Officials (AASHTO) LRFD Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, and approved by CDOT and the City prior to submittal of the application.

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2. Foundations shall be designed to meet the structural requirements of the pole. Concrete must follow the latest Colorado Department of Transportation (CDOT) Road & Bridge Specification (as amended) for applicable mix design. All designs must be stamped and signed by a registered Professional Engineer in the State of Colorado and shall be submitted to CDOT and the City.

3. The applicants shall provide their own power and fiber (or other communications medium) to their SCF attached to the traffic signal pole.

4. Support facilities and enclosures, backup power supply, and electric meters must be in existing above-ground cabinets, or placed in a flush-to-grade underground equipment vault.

5. Antennas shall be located inside an enclosure of no more than three (3) cubic feet. Post-top “cantenna” style antennas shall be used.

6. All wiring shall be concealed inside the signal pole within a channel separate from CDOT’s wiring within the pole.

7. Due to the function of the pole as an official traffic control device, the new traffic signal pole, mast arm, traffic signal equipment, and luminaire, upon completion of construction, shall be owned by either the City or CDOT. The applicant shall retain ownership of any SCF equipment.

8. The new traffic signal pole shall have secured safety shutoff controls on the pole for CDOT and the City to be able to turn off the SCF equipment for maintenance purposes.

9. Removed traffic signal poles, mast arms, luminaires, and equipment shall be salvaged and returned to City or CDOT.

3.5 New Poles

1. If a replacement pole design is not possible, then a new wireless support structure shall be designed to minimize the visual and aesthetic impact of the new vertical element and associated SCFs upon the surrounding area and shall blend in with the surrounding streetscape with minimal visual impact. The City requires that new wireless support structures to be constructed of a specific material that will enhance the stealth and concealment of the structure. New poles shall be designed as monopoles, consistent with the pole designs concepts detailed in Appendix A.

2. New wireless support structures shall match the design, type, and material of existing utility poles, including street light poles, within the immediate area, except as otherwise approved by the City.

3. The color of the pole shall be Federal color 16187 from the Federal Standards 595C Colors book.

4. New wireless support structures shall have a fluted pattern on the base and shaft of the pole.

5. New wireless support structures shall be equal distance from other utility poles based upon the average distance between existing utility poles within the designated area. If a new wireless support structure cannot be located the average distance from other utility poles, a new wireless support structure may be approved if such wireless support structure is designed as a stealth pole.

6. The centerline of a new wireless support structure shall be in alignment with existing utility poles where present, or with street or parkway trees along the same side of the right-of-way.

7. New wireless support structures shall not exceed the heights as authorized by City Code and these Guidelines, which, unless otherwise specified by the City, is 25 feet above ground level.

8. New wireless support structures shall be context sensitive based on poles in the surrounding area of the City, which could include poles that are round in shape with a fluted pole shaft unless otherwise directed by the City.

9. New wireless support structures incorporating SCFs in an equipment enclosure within a base shall utilize poles tapered in diameter.

10. All new wireless support structures must be supported with a reinforced concrete foundation designed, stamped, sealed and signed by a professional engineer licensed in the State of Colorado,

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and subject to the City’s approval.

11. All anchor bolts must be concealed from public view, with an appropriate pole boot or cover powder-coated to match the wireless support structure color, which shall be Federal color 16187 from the Federal Standards 595C Colors book.

12. For all new pole installations, the City reserves the right to require a second applicant for the same general space to install a new pole capable of collocating both applicants internally in the pole. The first applicant is required to allow the subsequent applicant to replace the pole with a multi-cell pole.

13. The applicant shall be responsible for meeting Subsurface Utility Engineering (SUE) Requirements and Construction Management Plan (CMP) where applicable.

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4. SCF Pole Siting Requirements

The following Siting Requirements are only for small cell facilities (SCF) in the public right-of-way. The Siting Requirements for all other wireless communications facilities (WCF), including SCFs not in the public right-of-way, can be found in other sections of this document.

4.1 Location

The City reserves the right to approve all proposed pole locations and to modify those locations as necessary for future City needs, functional and/or aesthetic reasons. The City will work with the applicant to find a suitable location for both the City and the applicant.

The City of Aspen encourages location of small cell facilities (SCF) outside of designated Historic Districts, and on non-historically designated properties. SCFs shall not interfere with prominent vistas or significant public view corridors.

Where ever possible the poles shall be sited to take advantage of existing screening.

Poles shall not be located:

Within 30 feet of a fire hydrant unless replacing an existing pole in the same location, reduced distances can be approved by the City.

In any manner which would obstruct a public sidewalk or roadway including reducing vertical or horizontal clearances required by the City and shall not result in a change in the slope of any sidewalk adjacent to the SCF.

Within 12 feet of driveway aprons.

Within sight triangle – per City engineer at intersections

Within the dripline of an existing tree.

Within roadway medians due to non-breakaway design.

Within 12 feet of an occupied space or patio.

When located adjacent to a commercial establishment, such as a shop or restaurant, care should be taken to locate the SCF such that it does not negatively impact the business. SCFs shall not be located in-front of store front windows, primary walkways, primary entrances or exits, or in such a way that it would impede a delivery to the building. SCFs should be located between properties as much as possible.

SCFs shall not impede existing and future facilities, including sidewalks, stormwater infrastructure, water infrastructure, fiber optic infrastructure, and electric infrastructure, and other infrastructure included in adopted City plans, inclusive of the Capital Asset Plan, Fiber Master Plan and Bike-Ped Master Plan.

In areas of the City identified as parks and open space or designated as a historical district, or within 500 feet of a landmark, the applicant shall conduct a consultation with the applicable departments, divisions, or personnel of the City to discuss aesthetically significant structures, views, or community features and options to minimize any adverse aesthetic impacts of attaching or installing SCFs in such areas.

Except for equipment mounted in the base cabinet, no equipment, shelters, or cabinets, and no electrical distribution panels may be at ground level, except after all reasonable alternative pole locations have been explored and found unavailable or lacking in some substantial way, and only with the prior written approval of the City upon a good faith showing of necessity, and upon such conditions as the City deems appropriate under the circumstances. The City shall weigh such requests against historic preservation policies, aesthetic considerations, pedestrian, and disabled person access to

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sidewalks, public safety concerns, technical installation conflicts, and compliance with all applicable laws.

4.1.1 Site selection

Wireless communication facilities, including SCFs shall be located in the following order of preference:

1. Co-located on the rooftop of private property

2. Co-located on the rooftop of a City of Aspen building

3. New facility on the rooftop of private property

4. New facility on the rooftop of a City of Aspen building

5. Co-located on an already established or future small cell facility in the right of way.

6. New small cell facility established on the site and in replacement of an existing City of Aspen street light and including an attached luminaire or contained within the structure of existing or redesigned traffic signals, with cooperation of CDOT.

7. New stand-alone facility in a new location – this may or may not include a luminaire.

8. Alley locations may be considered on a case-by-case basis.

4.1.2 Prohibited Locations

1. Relationship to Designated Historic Properties and Districts

No SCFs are allowed in the right-of-way along the property frontage adjacent to any street facing façade of these iconic Aspen buildings:

Wheeler Opera House (320 E Hyman Ave)

Wheeler/Stallard Museum (620 W Bleeker St)

Elks’ Building (510 E Hyman Ave)

Independence Building (404 S Galena St)

Pitkin County Courthouse (506 E Main St)

Hotel Jerome (330 E Main St)

City Hall (Armory Building) (130 S Galena St)

St. Mary’s Church (533 E Main St)

Sardy House (128 E Main St)

No SCFs are allowed in the right-of-way of the Aspen Pedestrian Malls. However, they may be placed on private property along the Malls. These areas are described as Hyman and Cooper Avenues between Mill and Galena Streets, and Mill Street between Copper and Hyman Avenues.

2. Relationship to Designated Mountain View Planes

No SCFs are allowed in the foreground of a designated Mountain View Plane. See Aspen Land Use Code 26.435 for the identification of these areas.

3. Relationship to designated Open Space

No SCFs are allowed in the right-of-way adjacent to any designated Open Space parcels.

4.1.3 Public buildings, structures and rights-of-way

Leasing of public buildings, publicly owned structures and/or public rights-of-way for the purposes of locating SCFs and/or equipment is encouraged. In cases where a facility is proposed on City property that is not in the Public Right-of-Way, specific locations and compensation to the City shall be negotiated in lease agreements between the City and the provider on a case-by-case basis and would

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be subject to all of the review criteria contained in this Section. Lease agreements shall be executed prior to location approval under this Section. Such agreements shall not provide exclusive arrangements that could tie up access to the negotiated sites or limit competition and must allow for the possibility of Collocation with other providers as described in Section 26.505.080.B.

4.2 Height Requirements

SCFs within the City of Aspen’s right-of-way are limited to 25 feet in height.

4.3 Noise

Noise generated on the site must not exceed the levels permitted, pursuant to Title 18 - Noise Abatement, of City Code, except that a SCF owner or operator shall be permitted to exceed Code noise standards for a reasonable period of time during repairs, not to exceed two hours without prior authorization from the City. Maintenance crews will not be allowed access between midnight and 6 AM unless emergency repairs are required and the City is notified. Crews shall manage construction impacts including noise and lighting to minimize impacts to residential land uses whenever they are working between dusk and dawn.

4.4 Related Accessory Equipment.

All equipment related to SCFs shall be located within the facility’s pole structure or in an underground vault.

Beyond the antenna, related shroud, and luminaire, no equipment may be attached to the exterior of the

pole.

4.5 Lighting

SCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the SCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required it shall conform to other applicable sections of the City Code regulating outdoor lighting.

Luminaires attached to SCFs shall have the following characteristics:

1. A LED, “hockey puck” design as shown in Section A.2 of Appendix A.

2. The fixture shall be the Gardco SlenderForm Hockey Puck LED as shown in Section B.1 of Appendix B.

3. The fixture shall be mounted at a height of 15 to 16 feet as approved by the City.

4. The fixture shall be painted to match the pole to which it is attached, and shall be Federal color 16187 from the Federal Standards 595C Colors book.

5. The fixture shall be designed to be modular – in that it could be easily replaced with an alternative fixture in the future.

6. The fixture shall comply with City of Aspen B.U.G. Standards.

7. The fixture shall be dark sky compliant.

8. All luminaires must be equipped with a dimmable driver regardless of output.

4.6 Signage

Signage is prohibited on all SCFs and wireless support structures, including stickers, logos, and other non-essential graphics and information with the following exceptions. If signage is required it shall conform to other applicable sections of the City Code regulating signage.

1. Required by the FCC.

2. A required small placard identifying the service provider and providing a 24-hour contact number, which shall be placed facing away from the public rights of way.

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5. Non-SCF Design Guidelines and Siting Requirements

The following Design Guidelines and Siting Requirements are for wireless communications facilities (WCF) that are not small cell facilities (SCF) in the public right-of-way. WCFs and equipment subject to the provisions and criteria of this section include without limitation, small cell facilities (SCF) not within the public right-of-way, cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms.

The Design Guidelines and Siting Requirements for SCFs in the public right-of-way can be found in other sections of this document.

The following provisions apply to all WCFs and equipment applications, sites and uses, except for Small Cell Facilities in the Public Rights-of-Way

5.1 Prohibitions

1. Lattice towers (a structure, with three or four steel support legs, used to support a variety of antennae; these towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required or where the weather demands a more structurally sound design) are prohibited within the City.

2. Towers, excluding Alternative Tower Structures and Small Wireless Facilities attached to Towers, shall be prohibited in the following Zone Districts: Medium-Density Residential (R-6); Moderate-Density Residential (R-15, R-15A, R-15B); Low-Density Residential (R-30); Residential Multi-Family (RMF, RMFA); and Affordable Housing/Planned Unit Development (AH-1/PUD); Conservation (C); Agricultural (Ag); Park (P); Open Space (OS); Rural Residential (RR).

3. All WCFs and equipment not prohibited by the preceding statements shall be allowed in all other zone districts subject to review and approval by the Community Development Director pursuant to the provisions, requirements and standards of this Chapter, including consistency with the dimensional requirements of the underlying zone district.

5.2 Site Selection

Except for Small Cell Facilities in the Public Rights-of-Way, Wireless communication facilities shall be located in the following order of preference:

First: Collocated on existing structures such as buildings, communication towers, flagpoles, church steeples, cupolas, ball field lights, non-ornamental/antique street lights such as highway lighting, etc.

Second: In locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

Least: On vacant ground or highly visible sites without significant visual mitigation and where screening/buffering is difficult at best.

5.3 Historic sites and structures

In addition to the applicable standards of Chapter 26.415, all of the foregoing and following provisions and standards of this Chapter shall apply when wireless telecommunication services, WCFs and equipment are proposed on any historic site or structure or within any historic district.

5.4 Public buildings, structures and rights-of-way

Leasing of public buildings, publicly owned structures and/or public rights-of-way for the purposes of locating WCFs and/or equipment is encouraged. In cases where a facility is proposed on City property that is not in the Public Right-of-Way, specific locations and compensation to the City shall be negotiated in

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lease agreements between the City and the provider on a case-by-case basis and would be subject to all of the review criteria contained in this Section. Such agreements would not provide exclusive arrangements that could tie up access to the negotiated sites or limit competition and must allow for the possibility of Collocation with other providers.

5.5 Design Guidelines for all WCFs that are not SCFs in the ROW

5.5.1 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 industry best practices materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF into the surrounding natural setting and built environment.

1. Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g. proximity to historic, natural, or aesthetically significant structures or areas, views, and/or community features or facilities). In such instances where WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., placed underground, inside of existing structure, depressed, or located behind earth berms) to minimize their profile.

2. The camouflage design may include the use of Alternative Tower Structures should the Community Development Department determine that such design meets the intent of this Code and the community is better served thereby.

3. All WCFs, such as Antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only). Coloring of welds, bands, bolts, and the like, shall be of a similar color to the main WCF.

4. When located adjacent to a commercial establishment, such as a shop or restaurant, care should be taken to locate the WCF such that it does not negatively impact the business. WCFs shall not be located in-front of store front windows, primary walkways, primary entrances or exits, or in such a way that it would impede a delivery to the building. WCFs should be located between properties as much as possible.

5. When located within a City right-of-way, deployment shall not impede existing and future facilities, including sidewalks, stormwater infrastructure, water infrastructure, and electric infrastructure, and other infrastructure included in adopted City plans, inclusive of the Capital Asset Plan, and Bike-Ped Master Plan.

5.5.2 Collocation

Collocation of facilities with other providers is encouraged. Collocation can be achieved as either building-mounted, roof-mounted or ground-mounted facilities. In designing or retrofitting Towers, applicants are strongly encouraged to consider the possibility of present or future co-location of other WCFs by structurally overbuilding in order to handle the loading capacity of additional WCFs, for the use of the applicant and for other wireless service providers to use as well. Applicants shall use good faith efforts to negotiate lease rights to other users who desire to use an approved WCF site. Collocation on an existing support structure shall be permitted as an accessory use. Projections of any type on the monopole, which are not antennas, are strongly discouraged.

1. Multiple use facilities are encouraged as well. WCFs and equipment may be integrated into existing, replacement of existing, or newly developed facilities that are functional for other purposes, such as ball field lights, flagpoles, church steeples, highway lighting, etc. All multiple use facilities shall be designed to make the appearance of the antennae relatively inconspicuous.

2. The collocation requirement may be waived by the Community Development Director upon a showing that either federal or state regulations prohibit the use, the proposed use will interfere with the current use, the proposed use will interfere with surrounding property or uses, the proposed user will not agree to reasonable terms, such co-location is not in the best interest of the public health, safety or welfare or collocation is not reasonably feasible from a technological, construction

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or design perspective. Time needed to review a collocation request shall not greatly exceed that for a single applicant.

5.5.3 Setbacks

All WCFs shall comply with setback requirements. At a minimum, except for WCFs in the Public Right-of-Way all WCFs shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply.

1. All WCFs (except for WCFs in the Public Right-of Way) shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building) or wall mounted. Flat-roof mounted facilities visible from ground level within one-hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment, and shall comply with any applicable design requirements of Chapter 26.412, Commercial Design Review, and 26.415, Historic Preservation. Pitched-roof-mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes.

2. Monopole towers (except for monopole towers in the Public Right-of-Way) shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height of the monopole.

3. No WCF may be established within one-hundred (100) feet of any existing, legally established WCF except when located on the same building or structure.

4. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.

5. Any Alternative Tower Structure utilizing existing facilities shall meet all Right-of-Way design guidelines, pursuant to adopted standards in Title 21 - Streets, Sidewalks, and Other Public Places, Title 25 – Utilities, and Title 29 - Engineering Standards. Considerations should be given to the general safety of the traveling public.

5.5.4 Height

The following restrictions shall apply:

1. WCFs not attached to a building shall not exceed twenty-five (25) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive.

2. Whenever a WCF antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet in height as measured from the point of attachment.

3. The Community Development Director may approve a taller antenna height than stipulated in 2. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted.

4. If the Community Development Director determines that an antenna taller than stipulated in 2. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review).

5. Support and/or switching equipment shall be located inside a building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.505.080.F-G) below or no building exists in which to locate the equipment.

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5.5.5 Architectural compatibility

WCFs shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition:

1. If such WCF is accessory to an existing use, it shall be constructed out of materials that are equal to or of better quality than the materials of the principal use and shall exhibit compatible architectural characteristics to the principal use.

2. WCF equipment shall be of the same color as the building or structure to which or on which such equipment is mounted, unless otherwise required by Chapter 26.412, Commercial Design Review or 26.415, Historic preservation, or as required by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable).

3. Whenever WCF equipment is mounted to the wall of a building or structure, the equipment shall be mounted or a dark, neutral tone, whichever is found to provide better camouflage, in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. Variations to this standard in order to meet applicable requirements of Chapter 26.412, Commercial Design Review or 26.415, Historic Preservation, may be approved during the review.

4. Monopole support buildings, which house switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location.

5. All utilities associated with WCFs shall be underground (also see "Screening" below), unless the applicant demonstrates that it is not reasonably feasible from a construction, design, and engineering perspective.

5.5.6 Compatibility with the natural environment

WCFs shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition:

1. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three-dimensional, visual simulations of the WCF and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required.

2. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area.

3. Surrounding view planes shall be preserved, as required in Section 26.435.050, Mountain View Plane Review.

5.5.7 Screening

All WCF equipment, including accessory equipment, shall be screened from adjacent and nearby public rights-of-way and public or private properties placing equipment internal to the structure, by paint color selection, parapet walls, screen walls, fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable in a given zone district. In addition:

1. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles while maintaining National Electric Safety Code clearance and/or other governing regulations, trees or other similar objects; consist of colors and materials that best blend

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with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable).

2. For ground-mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. This requirement may be waived by the Community Development Director if it is determined it is not necessary or reasonably feasible.

3. Unless otherwise expressly approved, all cables for a WCF shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure.

4. All screening shall meet the requirements of applicable Historic Preservation Design Guidelines and Commercial Design Guidelines. Additionally, all fence screening shall meet the requirements of 26.575.050, Fence Materials.

5. Notwithstanding the foregoing, the WCF shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above.

5.5.8 Lighting and Signage

WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, it shall conform to other applicable sections of the code regulating signage or outdoor lighting. The following standards shall apply to WCFs and equipment:

1. The light source for security lighting shall feature down-directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off-site.

2. Light fixtures, whether free standing or tower-mounted, shall not exceed twelve (12) feet in height as measured from finished grade.

3. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited.

4. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title.

5.5.9 Noise

Noise generated on the site must not exceed the levels permitted, pursuant to Title 18 - Noise Abatement, except that a WCF owner or operator shall be permitted to exceed Code noise standards for a reasonable period of time during repairs, not to exceed two hours without prior authorization from the City.

5.6 Additional design requirements

The following requirements shall be applicable to the various types of WCFs as specified below:

5.6.1 Base Stations

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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 Manager, and may, where appropriate, and reasonable feasible from a technological, construction or design perspective, require a flush-to-grade underground equipment vault.

5.6.2 Alternative Tower Structures not in the Public Right-of-Way

1. Alternative Tower Structures shall be designed and constructed to look like a building, facility, or structure typically found in the area.

2. Be camouflaged/concealed consistent with other existing natural or manmade features near the location where the Alternative Tower Structure will be located.

3. Such structures shall be architecturally compatible with the surrounding area;

4. Height or size of the proposed alternative tower structure should be minimized as much as possible;

5. WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries;

6. WCFs should take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;

7. Compatibility with the surrounding topography;

8. Compatibility with the surrounding tree coverage and foliage;

9. Compatibility of the design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

10. Impact on the surrounding area of the proposed ingress and egress, if any.

5.6.3 Towers

1. Towers shall be painted a neutral color so as to reduce visual obtrusiveness as determined by the City;

2. 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;

3. Monopole support structures shall taper from the base to the tip;

4. All Towers, excluding Alternative Tower Structures in the Right-of-Way, shall be equipped with an appropriate anti-climbing device.

5.7 Related Accessory Equipment.

Accessory equipment for all WCFs shall meet the following requirements:

1. All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible;

2. The total footprint coverage area of the WCF’s accessory equipment shall not exceed 350 square feet per carrier;

3. No related accessory equipment or accessory structure shall exceed 12 feet in height;

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4. Accessory equipment, including but not limited too 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.

5.8 Access ways

In addition to ingress and egress requirements of the Building Code, access to and from WCFs shall be regulated as follows:

1. No WCF shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design.

2. The WCF, except for Small Wireless Facilities in the Public Right-of-Way, must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment.

3. The proposed easements for ingress and egress and for electrical and telecommunications shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits.

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6. Safety Requirements

Prevention of failures and accidents. Any Person who owns and/or operates any Wireless Communications Facility, including a small cell facility in the right-of-way, and/or Wireless Support Structure shall at all times employ ordinary and reasonable care, and install and maintain using industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

Compliance with fire safety. Wireless Communications Facilities, including small cell facilities in the right-of-way, Wireless Support Structures, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all state and local regulations, and in such manner that will not interfere with the use of other property.

Compliance with FCC regulations. The wireless provider shall comply with all applicable FCC, state, and local codes, provisions, or regulations that concern public safety. All wireless communications facilities must not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b).

Changes in state or federal standards and regulations. If state or federal standards and regulations are amended, the owners of Wireless Communications Facilities, including small cell facilities in the right-of-way, and/or Wireless Support Structures governed by this document shall bring any facilities and/or structures into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring Wireless Communications Facilities, including small cell facilities in the right-of-way, and/or Wireless Support Structures into compliance with any revised standards and regulations shall constitute grounds for removal at the owner's expense.

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Appendix A: Design Concepts

A.1 SCF pole without an attached light fixture

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A.2 SCF pole with a hockey puck light fixture

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Appendix B: Lighting Fixture Specifications

B.1 Gardco SlenderForm Hockey Puck LED

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39



40



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Appendix C: SCF Construction Plan Review Checklist

REVIEWER: _______________________ DATE: ___________

PROJECT: ________________________

Small Cell Facility Construction Plan Review Checklist

___________________________________________________________________________________

Master License Agreement (MLA):

An MLA is required prior to submitting a Small Cell Facility (SCF) application.

Is the MLA executed?

If YES, provide an executed copy of the MLA.

If NO, submit the following items for an MLA review:

Draft of MLA

If required – a copy of the approved Master Structural Plan (MSP)

Small Cell Attachment & Right of Way Permit Application

Electric service map with electric service shown to proposed site.

Metering:

For Unmetered Service: Location of point of demarcation / connection for unmetered

service for proposed site in the event of a direct connection to electrical power source.

For metered Service – location of meter (a related electric meter shall not be contained

within or adjacent to the SCF but will instead be located proximate to the transformer or

underground with other related equipment).

Once the MLA is fully executed, then the following items are required to be included in the first

submittal package. Failure to do so will result in a determination of an incomplete application.

General Application / Form

A fee or deposit.

Site Plan – see page 2

NIER Report – see page 3

Construction Plans and Master Structural Plan including calculations stamped and signed by a

licensed Engineer in the State of Colorado. (Calculations may be consolidated onto the plan and

may not be a separate document). See page 4

If any of the proposed work is to be located within CDOT right of way, submit copies of all

required permits and approvals provided by CDOT.

If any of the proposed work is to be located on National Forest Property, provide copies of all

required permits and approvals provided by the appropriate agencies.

If any of the proposed work is to be located on private property, provide documentation of all

necessary approvals by the property owner.

Provide proof of any required public notifications – see page 7

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Site Plan Requirements:

Four sets of plans shall be prepared in accordance with the following requirements:

11” x 17” minimum sized plans (do they want electronic submittals?)

Structures within any Height Limit Overlay Zone and in Residential zones shall not exceed local

regulations.

Each pole type requires a separate detail sheet.

Each configuration requires a separate detail sheet.

Site Plan drawn to scale (1:30)

Show all properties and buildings with addresses within 300 feet of the location,

Proposed pole location with dimensions to surface infrastructure and nearest property line

Electronic connection location,

Data cable connection,

Any Designated Historic Property or District within 300 feet

Any Designated Mountain View Plane point of reference within 600 feet.

Any National Forest Property within 300 feet.

Identify right of way line, sidewalk, curb line, and street centerline.

Identify street names.

Identify the curb to property line distance and sidewalk width.

Show designated bike lanes. Narrow trenches are not allowed in bike lanes except micro

trenching.

When excavating in a bike lane, please add a note for contractor to grind and overlay full width of

bike lane

Identify the distances from edge of trench of proposed utility line to face of curb, water lines,

sewer lines, and any other dry utilities near the vicinity of the project.

Identify all existing utilities (wet and/or dry) within the street.

Identify all existing public and private improvements within the parkway area where excavation is

proposed, such as driveways, utility boxes, fire hydrants, trees, curb ramps, street signs, etc.

Identify vertical clearance between proposed utility line(s) and existing utility line(s) at each

crossing locations.

Any attachments shall be identified on the plans:

o Banners.

o Top Antenna Mount

o Signs required by FCC

Typical Distances Used to Measure Visibility Areas:

o For visibility areas at the intersection of streets, two sides of the triangle extend along the

intersecting property lines for 30 feet and the third side is a diagonal line that connects

the two.

o For visibility areas at the intersection of a street and alley, two sides of the triangle extend

along the intersecting property lines for 30 feet and the third side is a diagonal line that

connects the two.

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Non-Ionizing Electromagnetic Radiation (NIER) Report Requirements one per Small Cell Facility

(SCF).

Include: % Maximum Permissible Exposure Simulations at Antenna Face and Ground Level + 5

Feet

Color Photo Simulation to scale for each configuration/pole location.

Show simulation of antenna, beam, nearest structure(s), topography and

Show separate % MPE estimate for each transmitter

1. On report/drawings, provide:

Page numbers on every page of the NIER report

Indicate Scale on every graphic of the NIER report

Acronyms should be spelled out/defined for improved interpretation by the general public

State the general purpose and type of transmitter(s) (i.e., “…Omni-directional cellular 4G

LTE, Point-to-multipoint backhaul microwave hop,” etc.)

2. Provide separate simulations noting limits and % of MPE:

At antenna level – Show plan and profile/elevation views

At ground level – Show plan and profile/elevation views

Calculate square feet of private property exceeding 100% MPE at antenna and any level

Graphically illustrate MPE values considering the topography beyond the nearest

potentially affected residence. For example, if an antenna radiates a high-power beam

to the north from 20 feet above ground level at the horizon over irregular terrain, include

graphically the distance the beam(s) will pass from the nearest potentially affected

residence on the plan and profile.

Provide Assurances.

Only licensed contractors with a proven track record for safety will work on the project.

The proposed equipment will not be significantly changed in power, frequency or

direction without prior approval and a new application process from the City of Aspen.

The proposed facility will be operated in full compliance with the FCC’s emissions

standards

After transmitter and antenna system optimization, but prior to unattended operations of

the facility, the wireless provider or its representative will notify the City, so the City or its

representative, with the assistance of the wireless provider, can conduct on-site post-

installation RF emissions testing to demonstrate actual compliance with the FCC OET

Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in

all sectors. The City or its representative, with the assistance of the wireless provider,

shall also conduct annual RF emissions testing.

The transmitter will be properly registered with the FCC national small cell transmitter

data base when completed.

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Construction Plans and Master Structural Plan Requirements

For most recent forms, please refer to:

The following forms must be completed and signed by an authorized agent or permit holder:

Supplemental ROW Application

Provide current picture and latitude and longitude coordinate of site and associated address

Verify that no other SCFs for the same service provider exists within 600 feet of this site.

Verify that the correct Streel Light and existing attachments match the details shown on the site

plan. Dimension shown shall comply with actual field conditions.

Kill Switch must be identified on the pole.

Identify the minimum horizontal and vertical clearance between City Mains and proposed utility

conduit:

Horizontal Clearances:

10 feet to Sewer Mains; 5 feet in alleys

10 feet to Recycled Mains

5 feet to Water Mains

5 feet to all valves

5 feet to Storm Drains

5 feet to Storm Drain Structures

1 foot to other telecom and gas utilities

5 feet from existing street tree

Vertical Clearances:

1 foot to all City utilities.

NOTE: If minimum separation cannot be met, an approval from the respective asset owner is required

Street Excavation Table

List each trench in separate lines for multiple trenches in one street.

Last street overlay date,

Coordination and conflict – verify that there are no other construction activities active or planned

within the proposed work zone.

Average Daily Traffic Count Table (ADT) (Not required for the initial submittal)

Traffic Control Plan

All work in the public ROW requires a Traffic Control Permit. Franchise utility companies will obtain via

MOU. Any telecommunication company that is not a franchise is required to submit a traffic control plan

with a right of way permit.

Striping and Street Light Notes

Environmental and Landscaping Notes

Utility Details

Small Wireless Facility Right of Way Permit (construction plan):

1. Small Cell-Wireless Facilities (SCFs):

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Installation and Trenching for SCFs shall be submitted at the same time except when the

installation of the SC-WCF does not require trenching.

Include the required tracking number. This will allow staff to actively set up these projects

in advance to minimize wait time.

The invoice issued on the date of the submittal must be paid before any review can be

done.

2. SCF Sites:

For Existing Street Light, the applicant will be required to remove and replace the Street Light to a fabricated pole of materials meeting the City of Aspen standard fixture requirements. For standard street light details, please refer to the diagram in Section A.2 of Appendix A, and the specifications for the Gardco SlenderForm Hockey Puck LED as shown in Section B.1 of Appendix B, of this document.

Existing Traffic Signal: one (1) SCF allowed per pole

For Existing Street Light and Traffic Signal: one (1) SCF allowed per pole

For Existing Street Light: one or more SCFs per pole

Verify the number of devices indicated on the electric service map to proposed site and

the total existing power consumption in amps.

Documentation verifying that the proposed light fixture, luminaire and distribution pattern

will comply with the City of Aspen Backlight, Uplight and Glare (BUG) standards for the

specific location.

If a connection to an existing City of Aspen or Holy Cross electric service line is requested, the following

requirements shall be met:

There are no other SCF connected to the electric service line, and

The SCF power consumption is less than 5 amps or less, and

The Electric Service Line shall have a total power consumption of 15 amps or less.

The Right-of-Way (ROW) Permit Application for installation of an SCF and for proposed trenching in the

ROW will be reviewed by the Engineering Division, Drainage and Grades review disciplines.

Please be advised other review disciplines (including but not limited to Traffic Safety, Environmental,

Utilities, Geology, etc.) may be required and added on a case by case basis depending on site location

and scope of work.

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ADDITIONAL INFORMATION REQUIRED:

Identify separation distance (from edge to edge) between existing improvements and proposed

utility conduit/box.

Identify the minimum required 3’ separation between proposed trench and the face of curb.

Identify the minimum 4’ wide ADA Path of Travel between above ground structure(s) and the

edge of Path of Travel/sidewalk.

Handholes shall not be in the Path of Travel.

Identify the minimum required 24” clearance between the replacement/new pedestal and face of

curb in accordance with Standard Drawings.

Identify the minimum required 12’ separation between any above grade utility structure(s) and

existing driveway flare in accordance with standard drawing(s).

Any above grade obstruction 3 ft or greater in height that are placed at intersections or driveway

shall evaluate sight distance requirements per AASHTO Standards and Land Development Code

Identify any existing pole or other structure to be removed.

Refers to §9.5 Intersection Sight Distance of AASHTO Greenbook:

Clear sight triangles concept

AASHTO presents different situations based on type of traffic control at the location. The recommended

dimensions of the sight triangles vary with the type of traffic control used at an intersection because

different types of control impose different legal constraints on drivers and, therefore, result in different

driver behavior.

The typical AASHTO cases evaluated are as follows:

Case B—Intersections with stop control on the minor road or driveway

Case B1—Left turn from the minor road

Case B2—Right turn from the minor road

Case B3—Crossing maneuver from the minor road

Case D –Signal control (right turn on red)

Case F –Left turns from major road

Case B1 example –left turn from driveway onto major road

Identify all survey monuments (inclusive of vertical benchmarks and survey off-sets).

Identify all existing traffic loops/sensors.

Identify Maintenance Assessment / Metro District / Special District Areas on plans.

Plans shall identify any landscape, irrigation lines or other appurtenances being removed and replaced

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Notice Requirements

At the issuance of a completeness letter for an application for a new SCF installation, the following

procedures for public notice will be followed by the applicant:

Within 15 days of the completeness letter being issued, the following notice materials are required, so the

applicant should be prepared to submit them:

A 24x36 poster will be placed at the location of the proposed facility. The poster will include the

following information:

A photo simulation of the proposed facility.

A brief description of the type of equipment and RF signal that is emitting from the facility

Contact information for the applicant.

Contact information for City staff.

A mailed notice to all property owners within 300 feet of the proposed facility. The mailed

notice will include the information required by the on-site poster – and shall additionally

include text that better explains what a SCF is.

Newspaper Notice – City of Aspen Community Development will facilitate.

Location information shall be provided so that City of Aspen GIS can update the location

in a layer on Map Aspen identifying Existing and Pending Wireless facilities

City of Aspen Community Development Department will assist the applicant in the provision of notice. Any

delays in the provision of necessary materials for public notice by the applicant will result in a hard stop

on the shot clock tolling. All costs associated with the issuance of public notice shall be the responsibility

of the applicant.

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I Hereby Acknowledge and certify that:

1. I am accountable for knowing and complying with the governing policies, regulations and

submittal requirements applicable to this proposed development(s);

2. I have performed reasonable research to determine the required documents and

information for the proposed project, and that failure to accurately identify the required

documents and information could significate delay the permitting process.

3. If required documents or plan content is missing, project review will be delayed, and

4. This submittal package meets all the minimum submittal requirements contained in the

checklist provided in this document.

Name: _________________________________________

Signature: ______________________________________

Date: __________________________________________

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Appendix D: Small Cell / 5G Background Information

D.1 Small Cell Definition

Small cells are low-powered cellular radio access facilities that provide a small radio footprint, which can range from 10 meters (approximately 30 feet) within urban locations to 2 km (approximately 6500 feet) for rural locations depending upon the radio frequencies being used. They are "small" compared to a mobile macrocells, primarily because they have a shorter range. They make the best use of available spectrum by reusing the same frequencies over and over again within a geographical area. Fewer macrocell sites are being built, with a larger number of small cells being built as an important method of increasing cellular network capacity, quality and resilience. Small cells support both today’s 4G/LTE technologies and tomorrow’s 5G technologies, as well as potentially supporting other technologies that might be developed in the future. [3]

Small cells complement today’s macrocell network to improve coverage, add capacity, and support new services and user experiences. There are various types of small cells, with varying ranges, power levels and form factors. While the smallest units are for indoor residential use, the largest are for urban or rural outdoor uses. [3]

On September 27, 2018, the Federal Communications Commissions (FCC) adopted a Declaratory Ruling and Third Report and Order, titled “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment” (the Order). The FCC Order defines Small Cell Facilities as facilities that meet each of the following conditions [6]:

(1) The facilities—

i. are mounted on structures 50 feet or less in height including their antennas, or

ii. are mounted on structures no more than 10 percent taller than other adjacent structures, or

iii. do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(4) The facilities do not require antenna structure registration under part 17 of the FCC Order;

(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards.

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D.2 5G Definition

5G refers to the fifth generation of mobile phone networks. 5G will enable significantly greater mobile speeds to enable real‐time connectivity for mission‐critical devices and applications. In the near future, 5G networks will connect billions of IoT devices that will require a wide variety of speed and large volumes of data. [2]

The industry continues looking to the future as the uses and demands for mobile data keep expanding. 5G, which was rolled out in 2019 and will continue to grow for years to come, is being designed to provide higher speeds, while offering improved capacity, scale, latency, and reliability. [2]

As was the case with earlier steps along the way to faster mobile data, 5G will require new hardware at the network and device level that is compatible with the 5G New Radio (NR) standards. There are reportedly just a handful of commercially available handheld mobile 5G devices in the US today, with new 5G devices continuously being developed and released. [2]

Latency

Latency is the lag or delay between when data is sent and when it is received. Low latency becomes essential for critical control in certain situations such as autonomous vehicles and remotely controlled surgical procedures. [2]

Spectrum

An analogy that could be used to best describe spectrum is to think about it as a highway. The amount of spectrum determines how many lanes a highway has. With more data (cars on the highway), the more lanes (spectrum) the better. [2]

The bandwidth that is available within a spectrum determines how much network performance is available

to network users. In low‐band spectrum, bandwidth is typically limited, so data rates tend to be low. In mid‐band and high band spectrum, the available bandwidth can be many times greater than what is available in low‐band, which results in higher data rates. [2]

In some 5G solutions, high-band spectrum offers higher capacity and speed. However, the high‐band spectrum has an extremely short range of just a few hundred meters. Due to its short range, this spectrum requires massive network densification. [2]

Although mid-band and high-band spectrum have reduced range, the higher frequencies involved mean that antennas can be smaller. [2]

Capacity

One of the best ways to describe capacity is to examine one of the more popular uses of wireless networks, streaming a movie. When trying to stream a 4K movie over today’s 4G/LTE wireless network, people

probably encounter an on‐screen-spinning disk or other message indicating that the movie is buffering. That is because existing wireless networks often do not have enough capacity to handle demands such as streaming 4K movies due to lack of spectrum. In part, this lack of capacity stems from the relatively low frequencies used by existing networks. [2]

On the other hand, 5G will use higher frequencies and a variety of technologies to allow, for example, users to watch 4K high definition movies without being bothered by that annoying little spinning disk in the center of their screen. [2]

Speed

Because 5G will use higher frequencies, it will provide much higher data speeds. 5G is designed to incorporate a number of technologies that will enable users to do things like download an entire HD movie in a couple of seconds. [2]

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Coverage

In addition to capacity and speed, coverage is another very important factor in determining how usable any wireless network may be. If a user cannot get a signal, the potential capacity and speed are meaningless.

[2]

5G wireless networks will use a much broader range of frequencies than were utilized in earlier networks. While higher frequencies can deliver much higher bandwidth and data rates, higher frequency radio waves can only be effective over much shorter distances, so small cells only supply a few hundred feet of coverage. [2]

Densification

Densification is adding more cell sites to an area. Network densification is being implemented due to the growing number of devices and increasing demand for data. When more cell sites exist in an area, users will most likely be closer to one of those sites, which means that coverage and capacity become less of a problem. [2]

Deploying a large number of low powered small cells is a solution for network densification. A network of small cells can be deployed anywhere needed as a complement to the existing network of macro cells to increase capacity and data rates. [2]

Network densification needs to be complemented by fiber optic backhaul.

Uses

Remote workers / off-site job locations

5G can be used to replace traditional wireline connections by increasing data bandwidth available to devices and minimizing latency. For remote workers, this increases flexibility in work locations, allowing for communication with the office, without being tied to a desk in a home office with a wireline connection. For situations that involve frequently changing off-site job locations, the lower technical requirements for 5G deployment allow for setting up a 5G connection to which existing devices can connect to a 5G router via Wi-Fi. [1]

Internet of Things (IoT) devices

Improving network connectivity for IoT devices is one of the priorities for the design of 5G networks. For some LTE capable IoT devices the limitations of battery sizes that can be included in these devices and the comparatively high-power requirements of LTE limit the usefulness of mobile network connectivity in these situations. 5G networks are focusing on reducing power requirements, making the use of IoT devices more feasible. [1]

City centers, office buildings, arenas, and stadiums

5G technologies can also be used to improve the quality of service for situations in which a large number of devices make use of the mobile network in densely populated areas. These benefits can be realized easily in situations with variable traffic and in areas where large numbers of employees work during the week. Densely populated city centers can also benefit from the ability of 5G networks to provide service to more devices in physically smaller spaces. [1]

Future

As technology advances, older devices will inevitably reach end-of-life. Much in the same way that the digital switchover occurred for over-the-air TV broadcasts, older mobile networks are actively being dismantled to free spectrum for LTE and 5G networks. [1]

In the US, AT&T disabled its 2G network on January 1, 2017, rendering countless phones unusable. Verizon planned to disable its legacy 2G and 3G networks by the end of 2019, which will render older

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smartphones unusable, as well as IoT devices such as water meters. End-of-life plans for the 2G networks of Sprint and T-Mobile have not been publicly disclosed. [1]

As 5G is used to deliver wireless broadband, wireline broadband providers will face competition as the two-services approach feature parity. With many people using smartphones both as their primary computing device and for tethering a traditional computer to the internet, the extra cost of a traditional wireline network connection may become unnecessary for some people, and enable those outside the reach of traditional wireline networks to have affordable access to high-speed broadband for the first time. [1]

5G’s low-power and low-latency attributes are expected to spark a revolution in IoT deployments. 5G will

enable the deployment of billions of IoT devices by 2020, leading to the creation of the "industrial internet,"

which will affect a number of industries. This will also make 5G well suited for applications that require

continuous response and data analysis, such as self-driving cars and traffic control. [1]

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D.3 Sources

1. “5G mobile networks: A cheat sheet”. Tech Republic. (14 November 2018). Retrieved March 13, 2019, from https://www.techrepublic.com/article/5g-mobile-networks-a-cheat-sheet/ .

2. “5G For Dummies®, Sprint Business Special Edition”. (John Wiley & Sons, Inc.: 2018). Retrieved March 13, 2019 from https://business.sprint.com/wp-content/uploads/sites/2/2018/05/5G-For-Dummies-Sprint-Business-Special-Edition.pdf .

3. “Small cell”. Definition from Wikipedia. (14 March 2019). Retrieved March 20, 2019 from https://en.wikipedia.org/wiki/Small_cell .

4. “Forging paths to 5G”. ITU News Magazine. (February 2017). Retrieved August 25, 2019 from https://www.itu.int/en/itunews/Documents/2017/2017-02/2017_ITUNews02-en.pdf

5. “How Cell-phone Radiation Works - Potential Health Risks”. HowStuffWorks. Retrieved November 26, 2019 from https://electronics.howstuffworks.com/cell-phone-radiation2.htm

6. “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment”. Federal Communications Commission: Declaratory Ruling and Third Report and Order. (26 September 2018). Retrieved September 29, 2018 from https://docs.fcc.gov/public/attachments/FCC-18-133A1.pdf

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https://www.techrepublic.com/article/5g-mobile-networks-a-cheat-sheet/

https://business.sprint.com/wp-content/uploads/sites/2/2018/05/5G-For-Dummies-Sprint-Business-Special-Edition.pdf

https://business.sprint.com/wp-content/uploads/sites/2/2018/05/5G-For-Dummies-Sprint-Business-Special-Edition.pdf

https://en.wikipedia.org/wiki/Small_cell

https://www.itu.int/en/itunews/Documents/2017/2017-02/2017_ITUNews02-en.pdf

https://electronics.howstuffworks.com/cell-phone-radiation2.htm


Chapter 26.505 Wireless Communication Facilities and Equipment

Sec. 26.505.010 Purpose Sec. 26.505.020 Applicability Sec. 26.505.030 Definitions Sec. 26.505.040 Operational Standards Sec. 26.505.050 Procedures for Review Sec. 26.505.060 Application Contents Sec. 26.505.070 General Provisions and Requirements Sec. 26.505.080 Design Standards 26.505.010 Purpose The purpose of this Chapter is to regulate the placement, construction, and modification of towers and wireless communications facilities (WCFs) to protect the health, safety and welfare of the public, provide for managed development, installation, maintenance, modification, and removal of wireless communications infrastructure that is consistent with Aspen’s small mountain town character, while at the same time not unreasonably interfering with the development of a competitive wireless communications marketplace in the city. Adoption of Wireless Communications Facilities Design Guidelines The City Council hereby adopts design guidelines, hereinafter referred to as the Wireless Communications Facilities Design Guidelines, which are incorporated by reference and made part of the Aspen Land Use Code. These Guidelines set forth the design parameters to ensure safe and secure installation and minimize negative aesthetic impacts of wireless communications facilities installed on private property or in the public right-of-way. The Wireless Communications Facilities Design Guidelines may be amended, updated, and expanded from time to time by City Council Resolution. At least (1) copy shall be available for public inspection at the Community Development and Engineering Departments and on the City of Aspen’s webpage. 26.505.020 Applicability All applications for the installation or development of WCFs and/or equipment must receive land use approval, building permits, and/or right-of-way permits, as applicable, prior to installation. Concurrent to the Prior to the issuance of appropriate building and right-of-way permits, WCFs and/or equipment shall be reviewed for approval by the Community Development Director (and when applicable, the City Engineer) in conformance with the provisions and criteria of this Chapter. WCFs and equipment subject to the provisions and criteria of this Chapter include without limitation, WCFs within the Public Rights of Way, cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. These provisions and criteria do not apply to noncommercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use. All references made throughout this Chapter, to any of the devices to which this Chapter is applicable, shall be construed to include all other devices to which this Chapter is applicable.

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A. Future Amendments to Chapter 26.505.

All future amendments to this Chapter shall be exempt from the requirement of Policy Resolution for code amendments (Section 26.310.020.B.1-2). Future amendments may proceed directly to a First and Second Reading, pursuant to Section 26.310.020.B.3.

. 26.505.0330 Wireless Definitions. All words used in this Chapter or in the Wireless Communications Facilities Design Guidelines, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Definitions contained elsewhere in this Code shall apply to this Section unless modified herein.

Accessory Wireless Equipment. Any equipment serving or being used in conjunction with a Wireless Communications Facility (WCF), including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures. Alternative Tower Structure. Man-made trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are intended to be compatible with the natural setting and surrounding structures, and camouflage or concealment design techniques so as to make the presence of antennas or towers compatible with the surrounding area pursuant to this Chapter. This term also includes any antenna or antenna array attached to an Alternative Tower Structure and a Replacement Pole. A stand-alone Monopole in the Public Right-of-Way that accommodates Small Cell Wireless Facilities is considered an Alternative Tower Structure to the extent it meets the camouflage and concealment standards of this Chapter. Antenna. 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. Any exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals. Base Station. A structure or equipment at a fixed location that enables Federal Communications Commission ("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 includes, 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 city pursuant to this chapter has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory

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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 and small-cell networks) that, at the time the relevant application is filed with the city pursuant to title 26 of the 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 application is filed with the city under this chapter, does not support or house equipment described herein in sub-paragraphs 1 and 2 of this definition.

Camouflage, Concealment, Or Camouflage Design Techniques. A Wireless Communication Facility (“WCF”) is camouflaged or utilizes Camouflage Design Techniques when any measures are used in the design and siting of Wireless Communication Facilities with the intent 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 in an outdoor fixture such as a flagpole, or (ii) uses 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 facilities and painted to match it) or is integral within, incorporated on or replaces existing permitted facilities or vertical infrastructure located in the right-of-way (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent. Collocation. (1) mounting or installing 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 purposes of Eligible Facilities 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. Eligible Facilities Request. Any request for modification of an Existing Tower existing WCF that does not Substantially Change the physical dimensions of such WCF Tower involving: (i) collocation of new Transmission Equipment, (ii) removal of Transmission Equipment, or (iii) replacement and/or addition of Transmission Equipment. Eligible Support Structure. 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 city under this Section. Existing Tower or Base Station. A constructed Tower or Base Station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning

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or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. Micro Cell Facility. 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. Monopole. A single, freestanding pole-type structure supporting one or more Antennas. Public right-of way. Any public way or public thoroughfare dedicated or devoted to public use, including street, highway, road, alley, lane, court, boulevard, sidewalk, public square, mall or like designation. Replacement Pole. An Alternative Tower structure that is a newly constructed and permitted traffic signal, utility pole, street light, flagpole, electric distribution, or street light poles or other similar structure of proportions and of equal height to a pre-existing pole or structure in order to support a WCF or Small Cell Facility or to accommodate collocation and remove the pre-existing pole or structure. Small Cell Facility. 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, back-up power systems, grounding equipment, power transfer switch and cut-off switch. Small cells may be attached to Alternate Tower Structures, Replacement Pole, and Base Stations.Small cell facilities may be located in the public Right-of-Way. Substantial Change to a WCF. A modification 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 or Towers in the Right-of-Way, it increases the height of the Tower by more than ten percent (10%) or by the height of one (1) additional antenna array, with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other Eligible Support Structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; (2) For Towers, other than Towers in the Right-of-Way, it involves adding an appurtenance to the body of the Tower that would protrude from 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

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an appurtenance to the body of the structure that would protrude from the side 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, but not to exceed four cabinets; or (4) For Towers in the Right-of-Way and 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 percent (10%) larger in height or overall volume than any other existing, individual ground cabinets associated with the structure; (5) For any Eligible Support Structure, it entails any excavation or deployment outside the current Site; (6) For any Eligible Support Structure, it would defeat the concealment elements of the Eligible Support Structure. For purposes of this definition, any change that undermines concealment elements of an eligible support structure shall be interpreted as defeating the concealment elements of that structure; or (7) For any Eligible Support Structure, it does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure equipment, unless the non-compliance 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 (i), (ii), (iii) and (iv) of this Definition. For purposes of determining whether a Substantial Change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.

Tower. Any structure that is designed and constructed for the sole or primary purpose of supporting one or more any 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, guyed towers, monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, Alternative Tower Structures and the like. 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

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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. 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 Smart City, Internet of Things, wireless utility monitoring and control services. 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. A WCF includes an Antenna or Antennas, including without limitation, direction, omni-directional and parabolic antennas, support equipment, Alternative Tower Structures, and Towers. 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 Chapter.

26.505.040 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, including, without limitation, the requirement that WCFs shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations. If such standards and regulations are changed, then the owners of the WCF 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 WCF owner’s expense. B. Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. Applicants for WCFs shall submit a letter certifying that all WCFs that are the subject of the application shall comply with federal standards for radio frequency emissions. The owner or operator of an approved WCF shall also provide the City with the FCC license for the WCF at the time the license is issued for the facility.

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 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 City to monitor interference levels with public safety communications during this process. Additionally, the Applicant shall notify the City at least ten calendar days prior to the

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introduction of new service or changes in existing service, and shall allow the City to monitor interference levels with public safety communications during the testing process.

D. License to Use. The Applicant may execute a license agreement with the City, granting a non-exclusive license to use the Public Right-of-Way. Attachment of WCFs on an existing traffic signal, street light pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner. 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 the standards contained in applicable local building, safety, and engineering codes. If upon inspection, the City concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, 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 City’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 City may remove such WCF at the owner’s expense. 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 City 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 City, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall commence removal of the same within 30 days of receipt of written notice from the City. If such WCF is not removed within said 30 days, the City may remove it at the owner’s expense and any approved permits for the WCF shall be deemed to have expired. Additionally, the City, in its sole discretion, shall not approve any new WCF application until the Applicant who is also the owner or operator of any such abandoned WCF has removed such WCF or payment for such removal has been made to the City. G. 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. H. Collocation. No WCF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Community Development Department, the owner or operator shall provide evidence explaining why Collocation is not possible at a particular facility or site. I. Compliance with Applicable Law. Notwithstanding the approval of an application for new WCFs or Eligible Facilities Request as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, engineering, electrical,

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and safety requirements as set forth in the Aspen Municipal 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 easements, covenants, conditions and/or restrictions on or applicable to the underlying real property; 3. Be maintained in good working condition and to the standards established at the time of application approval; 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 City or after discovery by the owner or operator of the Site. Notwithstanding the foregoing, any graffiti on WCFs located in the Public Rights-of-Way or on Public Property may be removed by the City at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within 30 days after receipt of an invoice from the City.

26.505.050 Procedures for Review. 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 City in accordance with this Chapter. A. Review Procedures for certain WCFs, including Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Public Rights-of-Way, but excepting Eligible Facilities Requests, and Small Cell Facilities in the Right-of-Way.

In all zone districts, applications for these WCF facilities shall be reviewed by the Community Development Department for conformance to this Section and using Wireless Communications Facilities Design Guidelines. the Design Review procedures set forth in Section26.505.080. For WCFs in the rights-of-way, except for Small Cell Facilities in the Right-of-Way, that are found to have a significant visual impact (e.g.. proximity to historical sites, obstructing views), be incompatible with the structure or surrounding area, or not meet the intent of these provisions, the Community Development Department may refer the application to Planning and Zoning Commission or Historic Preservation Commission, as applicable, for a Special Review determination. B. Review Procedures for Towers. In all zone districts, Towers, other than those defined or excepted in (A) above, must apply for Special Review approval. These WCFs shall be reviewed for conformance using the procedures set forth in Section 26.505.050.L. All applications for Towers shall demonstrate that other alternative design options, such as using Base Stations or Alternative Tower Structures, are not viable options as determined by the City.

C. Review Procedures for Eligible Facilities Requests.

1. In all zone districts, Eligible Facilities Requests shall be considered a permitted use, subject to administrative review. The City shall prepare, and from time to time revise, and make publicly available, an application form which shall require submittal of


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information necessary for the City to consider whether an application is an Eligible Facilities Request. Such required information may include, without limitation, whether the project:

a. Constitutes a Substantial Change; or b. Violates a generally applicable law, regulation, or other rule codifying objective

standards reasonably related to public health and safety.

The application shall not require the applicant to demonstrate a need or business case for the proposed modification or Collocation.

2. Upon receipt of an application for an Eligible Facilities Request pursuant to this Section, the Community Development Department shall review such application to determine whether the application so qualifies.

3. Timeframe for Review. Subject to the tolling provisions of subparagraph 4 below, within 60 calendar days of the date on which an applicant submits a complete application seeking approval under this Section, the City shall approve the application unless it determines that the application is not covered by this Subsection, or otherwise in non-conformance with applicable codes.

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 City and the applicant, or in cases where the Community Development Department determines that the application is incomplete:

a. To toll the timeframe for incompleteness, the City must provide written notice

to the applicant within thirty (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 the following business day after the applicant makes a supplemental written submission in response to the City’s notice of incompleteness; and

c. Following a supplemental submission, the City will notify the applicant within ten (10) days that if 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 paragraph (a) of this subsection. In the case of a second or subsequent notice of incompleteness, the City 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 City 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 request becomes effective when the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

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6. Interaction with Telecommunications Act Section 332(c)(7). If the City 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) of the Telecommunication Act, as prescribed by the FCC’s Shot Clock order, will begin to run from the issuance of the City’s decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

D. Review Procedures for Small Cell Facilities in the Public Right-of-Way.

1. Small Cell Facilities in the Public Right-of-Way may be approved pursuant to a Master License Agreement or similar form of authorization or individually in accordance with the provisions of this subsection.

2. Within ten (10) days of receipt of the application, the Director shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application to bring the proposal into full compliance with the requirements of this Chapter.

3. The Director shall review the completed application for conformance with the

provisions in this Chapter and may approve or deny an application within 90 days of the date the application is submitted for new stand-alone facilities or 60 days for facilities collocated on city infrastructure.

a. To toll the timeframe for incompleteness, the City must provide written

notice to the Applicant within ten (10) days of receipt of the application, specifically delineating all missing documents or information required in the application;

b. The timeframe for review resets to zero (0) when the Applicant makes a supplemental written submission in response to the City’s notice of incompleteness; and

c. Following a supplemental submission, the City will notify the Applicant

within ten (10) days that 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 paragraph (a) of this subsection. In the case of a second or subsequent notice of incompleteness, the City may not specify missing information or documents that were not delineated in the original notice of incompleteness.

4. Consolidated applications. The City shall allow a wireless provider to file a consolidated application for up to twenty six (6) small cell facilities and receive a single permit approval for the small cell networkconsolidated application. The

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City’s denial of any individual small cell facility is not a basis to deny the application as a whole or any other small cell facility incorporated within the consolidated application.

4.5.

E. General. Except for applications under subsections C and D above, pursuant to Section 26.304.020, the applicant shall conduct a pre-application conference with staff of the Community Development Department. The planner shall then prepare a pre-application summary describing the submission requirements and any other pertinent land use material, the fees associated with the reviews and the review process in general. A pre-application conference is not required, but is recommended, for Eligible Facility Requests or Small Cells in the Right-of-Way.

F. Administrative review. Except for applications under subsections C and D above, after the pre-application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a development order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards of this Chapter and the Wireless Communications Facilities Design Guidelines. G. 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. The applicant shall receive a copy of the decision. H. Appeal of Director's determination. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to ensure conformance with applicable review criteria in Wireless Communications Facilities Design Guidelines Section 26.505.080. If the Community Development Director determines that the proposed WCFs and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for special review (Chapter 26.430) by the Planning and Zoning Commission or, if applicable, by the Historic Preservation Commission, and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code. I. Historic Preservation Commission review. With the exception of Eligible Facilities Requests and Small Cell Facilities in the ROW, proposals for the location of WCFs or equipment on any historic site or structure, shall be reviewed by the Historic Preservation Commission (HPC). Review of applications for WCFs and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed WCFs and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant

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may appeal the decision to the City Council, and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code. J. Building permit. A building permit application cannot be filed unless and until final land use approval has been granted and a development order has been issued. When applying for building permits, the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building permit application. A building permit, shall be submitted concurrently with the Land Use Application. Depending on the nature of project, a full Building Permit may be necessary, or as would be the case for most Eligible Facilities Requests, an Electrical Permit. A contractor for the proposed work must be identified with the submitted application. A Building or Electrical Permit without an identified contractor will be deemed incomplete – and the application will be tolled until the contractor is identified. K. Right of Way permit. For all facilities located in the public right-of-way, aA Right of Way Ppermit shall be submitted concurrently with the Land Use Application. application cannot be filed unless and until final land use approval has been granted and a development order has been issued. When applying for Right of Way permits, the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building permit application. For facilities in the right-of-way, the permit and design requirements are extensive. Applicants should review Exhibit – a checklist that describes in detail the submittal requirements. A contractor for the proposed work must be identified with the submitted application. A Right-of-Way permit without an identified contractor will be deemed incomplete – and the application will be tolled until the contractor is identified. Additionally, an Electrical Permit shall be required for any installation that involves line voltage. L. Special review. An application requesting a variance from the review standards for height or location of WCFs and/or equipment as as set forth in this chapter (except for Eligible Facilities Requests) and the Wireless Communications Facilities Design Guidelines or an appeal of a determination made by the Community Development Director, shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304, and the Special Review Chapter, 26.430. The special review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Paragraphs 26.304.060.E.3.b and c.

1. Review is by the Planning and Zoning Commission. If the property is listed on the Aspen

inventory of historic landmark sites and structures or within a Historic Overlay District and the application has been authorized for consolidation pursuant to Chapter 26.304, the Historic Preservation Commission shall consider the special review. Such special review


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may be approved, approved with conditions or denied based on conformance with the following criteria:

a. Conformance with the applicable review standards of Subsection 26.505.080Wireless Communications Facilities Design Guidelines.

b. If the facility or equipment is located on property listed on the Aspen inventory of historic landmark sites and structures or within any historic district, then the applicable standards of Chapter 26.415 (Development involving the Aspen inventory of historic landmark sites and structures or development in an "H," Historic Overlay District) shall apply.

c. If the facility or equipment is located on property that is subject to the Commercial

Design Standards of Chapter 26.412, those applicable standards shall apply. d. The applicant, in making the case for the variance, shall provide evidence that strict

adherence to the standard(s) or guideline(s), shall render the proposed facility technically or practically infeasible.

c.e. The applicant in making the case for the variance shall provide evidence that there

are no feasible alternatives to the location and/or design of the proposed facility. 26.505.060 Application Contents An application for approval of new WCFs and modified or additional WCFs, that are not Eligible Facilities Requests, and or Small Cell Facilities Requests shall comply with the submittal requirements applicable to all Land Use Reviews conditional use reviews pursuant to Chapter 26.304, Common development review. procedures and Chapter 26.425, Conditional uses of the Aspen Municipal Code. Also, WCFs and equipment applications shall also, subject to their nature shall contain at least the following additional information: contain required materials as described in the checklist contained within the City of Aspen Wireless Development Application Packet and the Wireless Communications Facilities Design Guidelines. Additionally, subject to their nature, required Building, Electrical, and/or Right-of-Way permits shall be submitted concurrent to the Land Use Application. A. Site plan meeting the requirements of Title 29, Engineering Design Standards (29.01.020). B. Visual "before and after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one hundred fifty (150) feet. Such plans and drawings should demonstrate compliance with the review standards of this Chapter. C. Site improvement survey including topography and vegetation showing the current status, including all utilities, easements and vacated rights of way, of the parcel certified (wet ink signed


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and stamped and dated within the past twelve (12) months) by a registered land surveyor, licensed in the State, which meets the requirements of Title 29, Engineering Design Standards (29.01.020). D. Landscape plan drawn to a scale of one (1) inch equals ten (10) feet or one (1) inch equals twenty (20) feet, including "before and after" photographs (simulations) indicating size, spacing and type of plantings and indicating steps to be taken to provide screening as required by the review standards of this Section. The landscape plans shall also indicate the size, location and species of all existing vegetation and whether each of those indicated are proposed for removal (indicate proposed mitigation), relocation (indicate from and to) or preservation. The planner can determine if a landscape plan is necessary; for instance, when an antenna is to be attached to a building, this requirement may be waived by the Community Development Director. E. Lighting plan and photometric study indicating the size, height, location and wattage of all proposed outdoor lighting sources. This study must also include a graphic indicating backlight, up-light, and glare of light from each source/fixture. This requirement can be waived by the Community Development Director if little or no outdoor lighting is proposed. F. Prior to the issuance of the building permit, structural integrity report from a professional engineer licensed in the State of Colorado documenting the following:

1. Tower height and design, including technical, engineering, and other pertinent factors governing selection of the proposed design;

2. Total anticipated capacity of the structure, including number and types of antennas which can be accommodated;

3. Failure characteristics of the tower and demonstration that site and setbacks are of adequate size to contain debris in the event of failure; and

4. Specific design and reconstruction plans to allow shared use. This submission is required only in the event that the applicant intends to share use of the facility by subsequent reinforcement and reconstruction of the facility; and

5. Specific design considerations for impact or breakaway characteristics as required in specific roadway right of ways.

G. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. H. Written documentation demonstrating a good faith effort in locating facilities in accordance with site selection order of preference outline below. I. Inventory of Existing Sites. On an annual basis at the request of the City, each applicant for a WCF shall provide to the Community Development Department a narrative description, a map, and a GIS compatible data file of the applicant’s existing or currently proposed WCFs within the City, and outside of the City within one mile of its boundaries. The inventory list should identify the site name, address, and a general description of the Facility (i.e., rooftop Antennas and ground-mounted equipment).

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J. Abandonment and Removal. 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 (6) months. A. Conditions and limitations. The City shall reserve the right to add, modify or delete conditions after the approval of a request in order to advance a legitimate City interest related to health, safety or welfare. Prior to exercising this right, the City shall notify the owner and operator in advance and shall not impose a substantial expense or deprive the affected party of a substantial revenue source in the exercising of such right. Approval by the Community Development Director for a WCF and/or equipment application shall not be construed to waive any applicable zoning or other regulations; and wherein not otherwise specified, all other requirements of this Code shall apply, including Title 21(Street, Sidewalks, and other public places, and Title 29 (Engineering Design Standards). All requests for modifications of existing facilities or approvals shall be submitted to the Community Development Director for review under all provisions and requirements of this Section. If other than minor changes are proposed, a new, complete application containing all proposed revisions shall be required. Note – 26.505.070 and 26.505.080 have been removed from this chapter and relocated into the Design Guidelines


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Chapter 26.505 Wireless Communication Facilities and Equipment

Sec. 26.505.010 Purpose Sec. 26.505.020 Applicability Sec. 26.505.030 Definitions Sec. 26.505.040 Operational Standards Sec. 26.505.050 Procedures for Review Sec. 26.505.060 Application Contents Sec. 26.505.070 General Provisions and Requirements Sec. 26.505.080 Design Standards 26.505.010 Purpose The purpose of this Chapter is to regulate the placement, construction, and modification of towers and wireless communications facilities (WCFs) to protect the health, safety and welfare of the public, provide for managed development, installation, maintenance, modification, and removal of wireless communications infrastructure that is consistent with Aspen’s small mountain town character, while at the same time not unreasonably interfering with the development of a competitive wireless communications marketplace in the city. Adoption of Wireless Communications Facilities Design Guidelines The City Council hereby adopts design guidelines, hereinafter referred to as the Wireless Communications Facilities Design Guidelines, which are incorporated by reference and made part of the Aspen Land Use Code. These Guidelines set forth the design parameters to ensure safe and secure installation and minimize negative aesthetic impacts of wireless communications facilities installed on private property or in the public right-of-way. The Wireless Communications Facilities Design Guidelines may be amended, updated, and expanded from time to time by City Council Resolution. At least (1) copy shall be available for public inspection at the Community Development and Engineering Departments and on the City of Aspen’s webpage. 26.505.020 Applicability All applications for the installation or development of WCFs and/or equipment must receive land use approval, building permits, and/or right-of-way permits, as applicable, prior to installation. Concurrent to the issuance of appropriate building and right-of-way permits, WCFs and/or equipment shall be reviewed for approval by the Community Development Director (and when applicable, the City Engineer) in conformance with the provisions and criteria of this Chapter. WCFs and equipment subject to the provisions and criteria of this Chapter include without limitation, WCFs within the Public Rights of Way, cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. These provisions and criteria do not apply to noncommercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use. All references made throughout this Chapter, to any of the devices to which this Chapter is applicable, shall be construed to include all other devices to which this Chapter is applicable.

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A. Future Amendments to Chapter 26.505.

All future amendments to this Chapter shall be exempt from the requirement of Policy Resolution for code amendments (Section 26.310.020.B.1-2). Future amendments may proceed directly to a First and Second Reading, pursuant to Section 26.310.020.B.3.

26.505.030 Wireless Definitions. All words used in this Chapter or in the Wireless Communications Facilities Design Guidelines, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Definitions contained elsewhere in this Code shall apply to this Section unless modified herein.

Accessory Wireless Equipment. Any equipment serving or being used in conjunction with a Wireless Communications Facility (WCF), including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures. Alternative Tower Structure. Man-made trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are intended to be compatible with the natural setting and surrounding structures, and camouflage or concealment design techniques so as to make the presence of antennas or towers compatible with the surrounding area pursuant to this Chapter. This term also includes any antenna or antenna array attached to an Alternative Tower Structure and a Replacement Pole. A stand-alone Monopole in the Public Right-of-Way that accommodates Small Cell Wireless Facilities is considered an Alternative Tower Structure to the extent it meets the camouflage and concealment standards of this Chapter. Antenna. 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. Any exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals. Base Station. A structure or equipment at a fixed location that enables Federal Communications Commission ("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 includes, 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 city pursuant to this chapter 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

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(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 and small-cell networks) that, at the time the relevant application is filed with the city pursuant to title 26 of the 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 application is filed with the city under this chapter, does not support or house equipment described herein in sub-paragraphs 1 and 2 of this definition.

Camouflage, Concealment, Or Camouflage Design Techniques. A Wireless Communication Facility (“WCF”) is camouflaged or utilizes Camouflage Design Techniques when any measures are used in the design and siting of Wireless Communication Facilities with the intent 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 in an outdoor fixture such as a flagpole, or (ii) uses 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 facilities and painted to match it) or is integral within, incorporated on or replaces existing permitted facilities or vertical infrastructure located in the right-of-way (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent. Collocation. (1) mounting or installing 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 purposes of Eligible Facilities 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. Eligible Facilities Request. Any request for modification of an existing WCF that does not Substantially Change the physical dimensions of such WCF involving: (i) collocation of new Transmission Equipment, (ii) removal of Transmission Equipment, or (iii) replacement and/or addition of Transmission Equipment. Eligible Support Structure. 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 city under this Section. Existing Tower or Base Station. A constructed Tower or Base Station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that

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a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. Micro Cell Facility. 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. Monopole. A single, freestanding pole-type structure supporting one or more Antennas. Public right-of way. Any public way or public thoroughfare dedicated or devoted to public use, including street, highway, road, alley, lane, court, boulevard, sidewalk, public square, mall or like designation. Replacement Pole. An Alternative Tower structure that is a newly constructed and permitted traffic signal, utility pole, street light, flagpole, electric distribution, or street light poles or other similar structure of proportions and of equal height to a pre-existing pole or structure in order to support a WCF or Small Cell Facility or to accommodate collocation and remove the pre-existing pole or structure. Small Cell Facility. 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, back-up power systems, grounding equipment, power transfer switch and cut-off switch. Small cells may be attached to Alternate Tower Structures, Replacement Pole, and Base Stations. Small cell facilities may be located in the public Right-of-Way. Substantial Change to a WCF. A modification 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 or Towers in the Right-of-Way, it increases the height of the Tower by more than ten percent (10%) or by the height of one (1) additional antenna array, with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other Eligible Support Structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; (2) For Towers, other than Towers in the Right-of-Way, it involves adding an appurtenance to the body of the Tower that would protrude from 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

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an appurtenance to the body of the structure that would protrude from the side 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, but not to exceed four cabinets; or (4) For Towers in the Right-of-Way and 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 percent (10%) larger in height or overall volume than any other existing, individual ground cabinets associated with the structure; (5) For any Eligible Support Structure, it entails any excavation or deployment outside the current Site; (6) For any Eligible Support Structure, it would defeat the concealment elements of the Eligible Support Structure. For purposes of this definition, any change that undermines concealment elements of an eligible support structure shall be interpreted as defeating the concealment elements of that structure; or (7) For any Eligible Support Structure, it does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure equipment, unless the non-compliance 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 (i), (ii), (iii) and (iv) of this Definition. For purposes of determining whether a Substantial Change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.

Tower. Any structure that is designed and constructed for the sole or primary purpose of supporting one or more any 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, guyed towers, monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, Alternative Tower Structures and the like. 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

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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. 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 Smart City, Internet of Things, wireless utility monitoring and control services. 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. A WCF includes an Antenna or Antennas, including without limitation, direction, omni-directional and parabolic antennas, support equipment, Alternative Tower Structures, and Towers. 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 Chapter.

26.505.040 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, including, without limitation, the requirement that WCFs shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations. If such standards and regulations are changed, then the owners of the WCF 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 WCF owner’s expense. B. Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. Applicants for WCFs shall submit a letter certifying that all WCFs that are the subject of the application shall comply with federal standards for radio frequency emissions. The owner or operator of an approved WCF shall also provide the City with the FCC license for the WCF at the time the license is issued for the facility.

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 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 City to monitor interference levels with public safety communications during this process. Additionally, the Applicant shall notify the City at least ten calendar days prior to the

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introduction of new service or changes in existing service, and shall allow the City to monitor interference levels with public safety communications during the testing process.

D. License to Use. The Applicant may execute a license agreement with the City, granting a non-exclusive license to use the Public Right-of-Way. Attachment of WCFs on an existing traffic signal, street light pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner. 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 the standards contained in applicable local building, safety, and engineering codes. If upon inspection, the City concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, 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 City’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 City may remove such WCF at the owner’s expense. 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 City 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 City, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall commence removal of the same within 30 days of receipt of written notice from the City. If such WCF is not removed within said 30 days, the City may remove it at the owner’s expense and any approved permits for the WCF shall be deemed to have expired. Additionally, the City, in its sole discretion, shall not approve any new WCF application until the Applicant who is also the owner or operator of any such abandoned WCF has removed such WCF or payment for such removal has been made to the City. G. 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. H. Collocation. No WCF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Community Development Department, the owner or operator shall provide evidence explaining why Collocation is not possible at a particular facility or site. I. Compliance with Applicable Law. Notwithstanding the approval of an application for new WCFs or Eligible Facilities Request as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, engineering, electrical,

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and safety requirements as set forth in the Aspen Municipal 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 easements, covenants, conditions and/or restrictions on or applicable to the underlying real property; 3. Be maintained in good working condition and to the standards established at the time of application approval; 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 City or after discovery by the owner or operator of the Site. Notwithstanding the foregoing, any graffiti on WCFs located in the Public Rights-of-Way or on Public Property may be removed by the City at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within 30 days after receipt of an invoice from the City.

26.505.050 Procedures for Review. 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 City in accordance with this Chapter. A. Review Procedures for certain WCFs, including Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Public Rights-of-Way, but excepting Eligible Facilities Requests, and Small Cell Facilities in the Right-of-Way.

In all zone districts, applications for these WCF facilities shall be reviewed by the Community Development Department for conformance to this Section and usingWireless Communications Facilities Design Guidelines. . For WCFs in the rights-of-way, except for Small Cell Facilities in the Right-of-Way, that are found to have a significant visual impact (e.g.. proximity to historical sites, obstructing views), be incompatible with the structure or surrounding area, or not meet the intent of these provisions, the Community Development Department may refer the application to Planning and Zoning Commission or Historic Preservation Commission, as applicable, for a Special Review determination. B. Review Procedures for Towers. In all zone districts, Towers, other than those defined or excepted in (A) above, must apply for Special Review approval. These WCFs shall be reviewed for conformance using the procedures set forth in Section 26.505.050.L. All applications for Towers shall demonstrate that other alternative design options, such as using Base Stations or Alternative Tower Structures, are not viable options as determined by the City.

C. Review Procedures for Eligible Facilities Requests.

1. In all zone districts, Eligible Facilities Requests shall be considered a permitted use, subject to administrative review. The City shall prepare, and from time to time revise, and make publicly available, an application form which shall require submittal of information necessary for the City to consider whether an application is an Eligible Facilities Request. Such required information may include, without limitation, whether

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the project:

a. Constitutes a Substantial Change; or b. Violates a generally applicable law, regulation, or other rule codifying objective

standards reasonably related to public health and safety.

The application shall not require the applicant to demonstrate a need or business case for the proposed modification or Collocation.

2. Upon receipt of an application for an Eligible Facilities Request pursuant to this Section, the Community Development Department shall review such application to determine whether the application so qualifies.

3. Timeframe for Review. Subject to the tolling provisions of subparagraph 4 below, within 60 calendar days of the date on which an applicant submits a complete application seeking approval under this Section, the City shall approve the application unless it determines that the application is not covered by this Subsection, or otherwise in non-conformance with applicable codes.

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 City and the applicant, or in cases where the Community Development Department determines that the application is incomplete:

a. To toll the timeframe for incompleteness, the City must provide written notice

to the applicant within thirty (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 the following business day after the applicant makes a supplemental written submission in response to the City’s notice of incompleteness; and

c. Following a supplemental submission, the City will notify the applicant within ten (10) days that if 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 paragraph (a) of this subsection. In the case of a second or subsequent notice of incompleteness, the City 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 City 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 request becomes effective when the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

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6. Interaction with Telecommunications Act Section 332(c)(7). If the City 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) of the Telecommunication Act, as prescribed by the FCC’s Shot Clock order, will begin to run from the issuance of the City’s decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

D. Review Procedures for Small Cell Facilities in the Public Right-of-Way.

1. Small Cell Facilities in the Public Right-of-Way may be approved pursuant to a Master License Agreement or similar form of authorization or individually in accordance with the provisions of this subsection.

2. Within ten (10) days of receipt of the application, the Director shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application to bring the proposal into full compliance with the requirements of this Chapter.

3. The Director shall review the completed application for conformance with the

provisions in this Chapter and may approve or deny an application within 90 days of the date the application is submitted for new stand-alone facilities or 60 days for facilities collocated on city infrastructure.

a. To toll the timeframe for incompleteness, the City must provide written

notice to the Applicant within ten (10) days of receipt of the application, specifically delineating all missing documents or information required in the application;

b. The timeframe for review resets to zero (0) when the Applicant makes a supplemental written submission in response to the City’s notice of incompleteness; and

c. Following a supplemental submission, the City will notify the Applicant

within ten (10) days that 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 paragraph (a) of this subsection. In the case of a second or subsequent notice of incompleteness, the City may not specify missing information or documents that were not delineated in the original notice of incompleteness.

4. Consolidated applications. The City shall allow a wireless provider to file a consolidated application for up to six (6) small cell facilities and receive a single approval for the consolidated application. The City’s denial of any individual small cell facility is not a basis to deny the application as a whole or any other small cell

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facility incorporated within the consolidated application. 5.

E. General. Except for applications under subsections C and D above, pursuant to Section 26.304.020, the applicant shall conduct a pre-application conference with staff of the Community Development Department. The planner shall then prepare a pre-application summary describing the submission requirements and any other pertinent land use material, the fees associated with the reviews and the review process in general. A pre-application conference is not required, but is recommended, for Eligible Facility Requests or Small Cells in the Right-of-Way.

F. Administrative review. Except for applications under subsections C and D above, after the pre-application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a development order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards of this Chapter and the Wireless Communications Facilities Design Guidelines. G. 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. The applicant shall receive a copy of the decision. H. Appeal of Director's determination. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to ensure conformance with applicable review criteria in Wireless Communications Facilities Design Guidelines If the Community Development Director determines that the proposed WCFs and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for special review (Chapter 26.430) by the Planning and Zoning Commission or, if applicable, by the Historic Preservation Commission, and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code. I. Historic Preservation Commission review. With the exception of Eligible Facilities Requests and Small Cell Facilities in the ROW, proposals for the location of WCFs or equipment on any historic site or structure, shall be reviewed by the Historic Preservation Commission (HPC). Review of applications for WCFs and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed WCFs and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council, and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered.

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All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code. J. Building permit. A building permit, shall be submitted concurrently with the Land Use Application. Depending on the nature of project, a full Building Permit may be necessary, or as would be the case for most Eligible Facilities Requests, an Electrical Permit. A contractor for the proposed work must be identified with the submitted application. A Building or Electrical Permit without an identified contractor will be deemed incomplete – and the application will be tolled until the contractor is identified. K. Right of Way permit. For all facilities located in the public right-of-way, a Right of Way Permit shall be submitted concurrently with the Land Use Application. For facilities in the right-of-way, the permit and design requirements are extensive. Applicants should review Exhibit – a checklist that describes in detail the submittal requirements. A contractor for the proposed work must be identified with the submitted application. A Right-of-Way permit without an identified contractor will be deemed incomplete – and the application will be tolled until the contractor is identified. Additionally, an Electrical Permit shall be required for any installation that involves line voltage. L. Special review. An application requesting a variance from the review standards as set forth in this chapter (except for Eligible Facilities Requests) and the Wireless Communications Facilities Design Guidelines or an appeal of a determination made by the Community Development Director, shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304, and the Special Review Chapter, 26.430. The special review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Paragraphs 26.304.060.E.3.b and c.

1. Review is by the Planning and Zoning Commission. If the property is listed on the Aspen

inventory of historic landmark sites and structures or within a Historic Overlay District and the application has been authorized for consolidation pursuant to Chapter 26.304, the Historic Preservation Commission shall consider the special review. Such special review may be approved, approved with conditions or denied based on conformance with the following criteria:

a. Conformance with the applicable review standards of Wireless Communications Facilities Design Guidelines.

b. If the facility or equipment is located on property listed on the Aspen inventory of historic landmark sites and structures or within any historic district, then the applicable standards of Chapter 26.415 (Development involving the Aspen inventory of historic landmark sites and structures or development in an "H," Historic Overlay District) shall apply.

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c. If the facility or equipment is located on property that is subject to the Commercial Design Standards of Chapter 26.412, those applicable standards shall apply.

d. The applicant, in making the case for the variance, shall provide evidence that strict

adherence to the standard(s) or guideline(s), shall render the proposed facility technically or practically infeasible.

e. The applicant in making the case for the variance shall provide evidence that there

are no feasible alternatives to the location and/or design of the proposed facility. 26.505.060 Application Contents An application for approval of new WCFs and modified or additional WCFs, Eligible Facilities Requests, and Small Cell Facilities Requests shall comply with the submittal requirements applicable to all Land Use Reviews pursuant to Chapter 26.304, Common development review. WCFs and equipment applications shall also, subject to their nature contain required materials as described in the checklist contained within the City of Aspen Wireless Development Application Packet and the Wireless Communications Facilities Design Guidelines. Additionally, subject to their nature, required Building, Electrical, and/or Right-of-Way permits shall be submitted concurrent to the Land Use Application. A. Conditions and limitations. The City shall reserve the right to add, modify or delete conditions after the approval of a request in order to advance a legitimate City interest related to health, safety or welfare. Prior to exercising this right, the City shall notify the owner and operator in advance and shall not impose a substantial expense or deprive the affected party of a substantial revenue source in the exercising of such right. Approval by the Community Development Director for a WCF and/or equipment application shall not be construed to waive any applicable zoning or other regulations; and wherein not otherwise specified, all other requirements of this Code shall apply, including Title 21(Street, Sidewalks, and other public places, and Title 29 (Engineering Design Standards). All requests for modifications of existing facilities or approvals shall be submitted to the Community Development Director for review under all provisions and requirements of this Section. If other than minor changes are proposed, a new, complete application containing all proposed revisions shall be required. Note – 26.505.070 and 26.505.080 have been removed from this chapter and relocated into the Design Guidelines

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Exhibit D – Rendering of Small Cell Facilities in Right-of-Way

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EXHIBIT E – Summary of Public Outreach Efforts

Communications

+Press release about small group workshops

+Press release about Feedback Forum (event at the Limelight)

+Paid advertisements on Facebook throughout the workshop period and Feedback Forum +Advertisements in Aspen Daily News and Aspen Times (November 1, 4, 5, 6, 7, 8,12, 19, 21)

+Aspen Daily News articles – November 12, 2019 and November 27, 2019 +Aspen Public Radio stories – November 10, 2019 and December 19, 2019 +Aspen Community Voice – information and portal to receive comments +Social Media posts November 1, 4 ,5, 26, December 2 Events

+Tabling at Aspen Saturday Market +Project introduction meetings with: ACRA, CCLC, P&Z, HPC +Discussion sessions with staff representatives of Town of Basalt, Town of Snowmass Village, and Pitkin County +Small group forums/workshops (1 hour – 1.5 hours each) a total of 8 sessions

Held at APD, Redbrick, and City Hall November 6, 7, 8, 11, 12 (2 sessions), 13, and 21 (total of 8 sessions)

+Feedback Forum – Limelight – December 4 – 11a - 1p and 4:30p - 6:30p

While the number of attendees at the small group forums was modest, staff had very good conversations with members of the community who have been most concerned about potential health impacts of the new technology. Additionally, we received useful feedback on the individual elements of the design guidelines. Moving forward, staff sees this tool as having great potential with other community discussions.

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P&Z and HPC comments

Two primary comments emerged from discussions with P&Z and HPC. First, HPC was particularly concerned about potential visual impacts to Main Street and the Commercial Core Historic Districts. They recommended that staff identify alleyways as a preferred location for small cell facilities. Secondly, both boards asked questions related to the design of the luminaires (street lights) that will be attached to small cell poles. While staff agrees that both topics likely need further discussion and study, staff recommends that for the time being, the proposed location and street light design guidelines be adopted as presented.

Summary of Public Comments – primarily from small group forums and Limelight event

Question:

Do you support additional wireless facilities in Aspen if they would improve coverage / service / speed of your wireless devices?

Responses:

• Don’t have a choice so yes. • “they’re already here, just a different way of delivering the service” • A lot more street lights – density makes it different in telecommunication • Impossible to ignore pace of technology • “necessary evil” • Make it happen in a responsible way • If aspen gets driverless vehicles, I am all for it. If only for the internet, then no • Need to take case of customers • Need guaranteed emergency contact • Make parameter box too hard • 1) health/safety, 2) aesthetics, 3) how tech we need? • Not to lose “Aspen aesthetics” and turn to suburban America • Nice to have better coverage but not at a cost • Tourists have expectations to be up to date • Big events cause interruption in service • Concerned about density • Service seems fine now, so no support to more • “I’m fine with my cell service right now.” (i.e., as it is) • “Speed is important for my work with video surveillance cameras, but overall health is

more important than everything else.” • Do not support yet • Need a case where it was worth it • Do I need to download a movie super fast? No. • Horrified, could care less about speed. Concerned about health and items in front of

house. Aspen worked hard not to have things in way, open to petitioning this off. • Not important if improved. Can see how this might benefit others for example the

hospital. 87

• On both sides. No one asked us if we want it and health is a concern. 82% of people interact with Parks on cell phones, affluent town and computer savvy, people on calls are driving this endless no frontier. Don’t think we have a choice, mitigate best we can. Think more yea the nay people

• Work on mitigation and carrier control. Quality of life feelings affected, being invaded. Doesn’t feel right.

• “No, I don’t support additional small cell facilities due to aesthetic and health concerns” • “ “No, I will use WiFi or a wired/fiber connection if I need better broadband” • “I don’t care what it looks like. I don’t want it in my neighborhood.” • No don’t care about improved service • Put aside a fund to fight and lobby • Aspen hasn’t done anything about it like other communities have • Towers in China with face recognition. We should just say NO • Make the best of this non-great situation • No – 13 separate responses • It’s fine for now but can it handle more growth? That’s intangible. • Mine is working fine now • It is fine now • Absolutely not!

Question:

If health is your primary concern with small cell facilities, please discuss with your group the issues that concern you the most and why?

Responses:

• A lot like politics, liars don’t figures….done tests with rats when you go to health side you get fear (microwave oven/ atomic bombs), cherry picking of information, not enough research

• Nick DeWolf – people next to tower freak out, they say sun is worse, 5G is same as pickled vegetables, undusted concerns but not overly, believe concerns if can.

• Lack of data on knowing what impacts might be • FCC isn’t commissioning studies – frustrating • Lobby federal gov. to do studies • Equating federal gov. to big tobacco “this is fine” • Not enough info yet • Shouldn’t be moving forward until there is more info • Failure to have info is suspicious • Work with the state for info • If there is enough community will, maybe companies wouldn’t want the negative publicity • Frustrated by the lack of control • “Tower density and potential health impacts” • “Get more providers on each pole/tower, multiple carriers and competition will result in

better service” • The failure of having reliable health information is concerning • I heard there are potential risks to health. So hold off if we can? • I would like council to work with state

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• How long can we delay this? • I would like more information mater about health • There is not enough information regarding health • There is a good and a bad side. Do you want to give the tourist business to Vail because

you don’t have high speed internet? • Push back in Europe • I am a healthcare provider, read about studies but there are major health concerns.

Maybe not anything we can do • Maybe a mass petition, but aren’t confident it’s going to happen • Money is too large to change • GMO is example to look at • Support council to lobby against • “Yes, because the radio frequency engineers are concerned with being in close

proximity to these facilities” • Yes, health concerns, closer proximity of facilities and use of new RF bands (e.g.

millimeter wave)” • “Aesthetics are important but health effects are my primary concern” • Seriously concerned about how bad health impacts are • Get safety study first • “Health above all” • “Who doesn’t want faster service? But who wants cancer, brain disease, other health

impacts?” • Huge health risk • Need to educate people • Huge concerns, there are no safety studies! We do not want to be guinea pigs • I have no technology. Please do not contaminate my world outside my door! This can

not be safe! Do I have to move out of these cell towers? • Absolutely a concern due to higher levels of radiation proven unsafe. All of Europe is

fighting it. Why should we accept it? • Concerns appears to be emerging through zero studies on health but legitimate issues. • Please, please consider the long-term health impacts of radiation exposure. I don’t carry

a cell phone everywhere exactly for this concern. • Yes, a concern, so wait. • It’s our main concern in the health of the community, children and grandchildren. • Not a concern • Limit to extent possible near homes and schools • A concern since no real data suggests it’s safe after long term exposure • Put down your cell phone • Huge concern- stop- delay • New poles are a clutter. Use existing vertical segments • Let’s get real health data – until then, wait • Please wait. Bad for people and animals • 5G at close proximity is more like a microwave not a radiowave

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