TC Ord. 18-06 Adopting Chapter 12.20 Small Cell RegulationsTOWN OF AVON, COLORADO
ORDINANCE 18-06
ADOPTING A NEW CHAPTER 12.20 OF TITLE 12 OF THE AVON
MUNICIPAL CODE ESTABLISHING SMALL CELL REGULATIONS
WHEREAS, the Town of Avon, Colorado ("Town") is a home rule municipality existing
pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's
Home Rule Charter; and
WHEREAS, the Town Council finds that the passage of House Bill 17-1193 requires an
expedited permitting process for small cell facilities and small cell networks within local
government right-of-ways for telecommunications providers, including broadband providers; and
WHEREAS, the Town Council desires to adopt "Small Cell Regulations" to implement
House Bill 17-1193;
WHEREAS, the Town has the power to adopt this ordinance pursuant to the powers
contained in the Avon Town Charter, and the Town Council finds that the adoption of Small Cell
Regulations will promote the health, safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting
a public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Addition of Chapter 12.20 to Title 12 of the Avon Municipal Code. Title 12 of
the Avon Municipal Code is hereby amended by the addition of a new Chapter 12.20, to read as
set forth in Exhibit A: Addition of Chapter 12.20 to Title 12 of the Avon Municipal Code,
attached hereto.
Section 3. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Ord 18-06 Small Cell Regulations
Final Reading—June 12, 2018
Page 1 of 3
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[Execution Page follows]
Ord 18-06 Small Cell Regulations
Final Reading — June 12, 2018
Page 2 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 22, 2018 and setting such public hearing for June 12, 2018 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
09-9� cattt, 11
ie Fancher, Mayor Debbie Hoppe, T
ADOPTED ON SECOND AND FINAL READING on June 12, 2018.
Y: ATTEST:
JeArtie Fancher, Mayor Debbie Hoppe, To n Clerk
APPROVED AS TO FORM:
a
Eric J. eil, ;Town Attorney
Ord 18-06 Small Cell Regulations
Final Reading_ June 12, 2018
Page 3 of 3
EXHIBIT A: Chapter 12.20 — Small Cell Regulations
CHAPTER 12.20 — Small Cell Regulations
12.20.010 — Purpose and Intent.
It is the purpose and intent of this Chapter to adopt Small Cell Regulations to implement House Bill 17
1193 and revisions to C.R.S. §29-27-401 et. seq. to adopt an expedited permitting process for the
installation of small cell facilities and small cell networks with the Town of Avon's right-of-ways. It is also
the purpose and intent of this Chapter to adopt minimum design standards and criteria to insure that the
installation of small cell facilities does not result in visual clutter or detract from the existing and planned
aesthetic design of the Town of Avon right-of-way streetscapes and that the installation of small cell
facilities does not interfere with the existing and future use of Town of Avon right-of-ways. This Chapter
12.20 shall be limited to the installation of small cell facilities in Town of Avon right-of-ways and shall not
restrict installation of small cell facilities on private property and shall not authorize installation of small cell
facilities on Town of Avon properties which are not right-of-ways.
12.20.020 — Definitions.
For purposes of this Chapter, the following terms shall have the following meanings:
Abandonment means discontinuance of use of a small cell facility for a period of twelve (12) months or
the failure to repair a small cell facility within three (3) months.
Antenna means communications equipment that transmits or receives electromagnetic radio frequency
signals used to provide wireless services.
Broadband facility means any infrastructure used to deliver broadband service or for the provision of
broadband service.
Micro wireless facility means a small wireless facility that is no larger in dimensions than twenty-four
inches in length, fifteen inches in width, and twelve inches in height and that has an exterior antenna, if any,
that is no more than eleven inches in length.
Permittee means the owner of the small cell facility located within the Town of Avon right-of-way.
Small cell facility means:
(a) A personal wireless service facility as defined by the federal "Telecommunications Act of 1996", as
amended as of August 6, 2014; or
(b) A wireless service facility that meets both of the following qualifications:
(i) 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
Exhibit A: Chapter 12.20 — Small Cell Regulations
Page 1 of 4
(ii) 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 enclosures, back-up power
systems, grounding equipment, power transfer switch, and cut-off switch; or
(c) A micro wireless facility.
Tower means any structure built for the sole or primary purpose of supporting antennas licensed or
authorized by the federal communications commission and the antennas' associated facilities, including
structures that are constructed for wireless communications services including private, broadcast, and
public safety services; unlicensed wireless services; fixed wireless services such as backhaul; and the
associated site.
Utility pole means any pole within the Avon right-of-way which is used for utilities or signage.
Wireless service facility means a facility for the provision of wireless services; except that "wireless
service facility" does not include coaxial or fiber-optic cable that is not immediately adjacent to, or directly
associated with, a particular antenna.
12.20.030 — Unlawful Acts.
It is unlawful to install or modify a small cell facility on Avon right-of-ways without a valid permit for
small cell facilities.
12.20.040 — Permitting Process.
The Town Engineer shall review and act upon permit applications for small cell facilities. The Town
Engineer may adopt permit application forms, procedures and criteria which are not inconsistent with this
Chapter 12.20, which shall include consolidating applications by the same provider for multiple small cell
facilities. The Town Engineer may refer permit applications for review and comment by other Town
department or by third parties where appropriate. The Town Engineer shall act to approve or deny an
application for a small cell facility on or before the 90th day after receipt of a complete application.
12.20.050 — Design Standards.
(a) Height: All small cell facilities shall not exceed 10 feet above the utility pole or a building
structure to which they are attached. When new utility poles are proposed as an alternative, the
height of such poles shall be similar to existing utility/light poles in the vicinity, but shall not
exceed ten (10) feet higher than existing utility poles in the vicinity.
(b) Setback: A new freestanding pole or structure for a small cell facility proposed to be located
within 250 feet from existing or planned detached single family or duplex residential structures,
unless such setback resulted in a lack of service coverage, in which case new freestanding poles
or structures shall be located between properties to minimize impacts to views and shall
incorporate a camouflaged design with the equipment completely enclosed within the pole.
Exhibit A: Chapter 12.20 — Small Cell Regulations
Page 2 of 4
(c) Spacing: No small cell facility shall be located within three hundred feet (300 ft) of any other
such facility by the same provider unless the applicant can demonstrate that such minimum
space will inhibit or degrade the provision of service.
(d) Design: Small cell facilities shall have a consistent design with the utility pole or structure on
which it is installed, including but not limited to: matching paint and color, matching materials, and
enclosure design which is similar to the pole or structure. To the greatest degree possible,
support equipment shall be located underground. The design of small cell facilities shall blend
with the design of existing poles and structures to the greatest degree possible avoid, or minimize
if complete avoidance is not possible, the appearance of the small cell facility and increased
visual clutter on utility poles and structures.
(e) Location: Small cell facilities are permitted in Avon right-of-ways, upon existing or new utility
poles or structures owned by the Town, or owned by third parties with permission of such third
parties, under the following preferences:
(i) First, on existing Town -owned utility pole, if any, which shall be removed and replaced with a
pole designed to contain all antennae and equipment within the utility pole to conceal any
ground-based support equipment and ownership of which pole is conveyed to the Town;
provided that the Town may refuse to permit installation on an existing utility pole that is
uniquely and intentionally designed as part of the Town's streetscape plans and where the
design of the small cell facility would detract from the utility pole design. Such utility poles
include but are not limited to light poles on Lake Street and utility poles for signs and banners
throughout the Town core commercial area.
(ii) Second, on existing Town -owned utility poles or third party owned utility pole (with the
consent of the third party owner), with attachment of the small cell facility in a configuration
and design approved by the Town.
(iii) Third, on a freestanding or ground mounted facility which is located on Town of Avon right-of-
way at a site which does not interfere with existing or planned utilities and right-of-way uses
and which utilizes a design that is consistent and compatible with the design of utility poles
and structures in the vicinity. The location of new poles or structures shall be sited to
minimize visual impacts to adjacent and nearby property owners.
(f) Alternative Design: The Town Engineer has the authority to approve alternative designs for
small cell facilities which do not meet the standards set forth above with the following findings:
(i) Compliance with the Design Standards is not reasonably possible and would impose a
significant financial hardship on the small cell facility operator; and
(ii) The proposed alternative design meets the purpose and intent of this Chapter 12.20.
12.20.060 — Permit Standards. Permits for small cell facilities in Town of Avon right-of-ways shall
include the following minimum requirements:
Exhibit A: Chapter 12.20 — Small Cell Regulations
Page 3 of 4
(a) Indemnification: The permittee shall indemnify the Town from and against all liability and claims
arising as a result of that location or attachment, including repair and replacement of damaged
utility poles and equipment, in such form approved by the Town Attorney.
(b) Bonding: The permittee shall provide a bond, in a form approved by the Town Attorney, to
guarantee payment for any damages to real property not owned by the small cell facility owner
and to guarantee the removal of the small cell facility or facilities upon abandonment.
(c) Relocation and Removal: The permittee shall remove and/or relocate small cell facilities at the
permittee's expense in the event that the Town of Avon's use of the right-of-way conflicts with or
precludes the continued location of such small cell facility.
(d) Expiration: A permit for approval of a small cell facility shall expire twelve (12) months after
approval unless construction of the permitted structure has commenced. The Town Engineer
may grant multiple extensions of a permit approval provided that each such extension shall not
exceed twelve (12) months and provided that the permit conforms to any amendments to this
Chapter 12.20, including amendments to the design standards and/or permit standards.
(e) Consolidated Application: The applicant, at its discretion, may file a consolidated application
and receive a single permit for the small cell network.
12.20.070 — Appeal to Council. Any person whose application for small cell facility is denied or
partially approved may appeal such decision to the Town Council in accordance with the procedures and
requirements of this Section. The applicant shall file a written appeal in writing with the Town Clerk within
thirty (30) days after the date of transmittal of the decision of the Town Manager or designee to deny such
application. The failure to file a written appeal within thirty (30) days after the date of transmittal of the
decision to deny the application shall bar any further consideration of the application, shall bar any appeal
to the Town Council and shall bar any judicial review by a Colorado court. The written appeal shall state
the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the
Town Council within forty-five (45) days after the date of receipt. The Town shall provide at least three (3)
days' prior notice to the applicant stating the date, time and location where the Town Council will consider
the appeal. The decision of the Town Council shall be in writing. The Town Council shall determine
whether to approve, partially approve or deny the application based on compliance with standards set
forthin this Chapter 12.20. The failure by the Town Council to hear and decide an appeal within forty-five
(45) days after the receipt of the appeal shall not result in the approval of the application.
12.20.080 — Violation; Penalty. It is unlawful and a misdemeanor offense to install or modify small
cell facilities without a permit. A person who is convicted of installing or modifying a small cell facility
without a permit shall be punished as provided in Chapter 1.08 — General Penalty.
Exhibit A: Chapter 12.20 — Small Cell Regulations
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