PALMER LAKE, COLORADO
RESOLUTION\ORDINANCE NO. 5-2002

AN EMERGENCY ORDINANCE AMENDING THE CONSTRUCTION AND USE OF TELECOMMUNICATIONS FACILITIES WITHIN THE TOWN OF PALMER LAKE

WHEREAS, THE TOWN OF PALMER LAKE HAS DETERMINED THAT REGULATION OF TELECOMMUNICATIONS FACILITIES WITHIN THE TOWN OF PALMER LAKE IS IN THE BEST INTEREST OF THE CITIZENS OF THE TOWN OF PALMER LAKE; AND

WHEREAS, THE TOWN OF PALMER LAKE HAS DETERMINED THAT SUCH REGULATION IS NECESSARY AND SHOULD TAKE EFFECT IMMEDIATELY IN ORDER TO ACCOMMODATE THE COMMUNICATION NEEDS OF RESIDENTS AND BUSINESSES OF THE TOWN OF PALMER LAKE WHILE PROTECTING THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE OF THE COMMUNITY

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS:

Section 1. Section 14.60.040(B)(1) is amended to read as follows:

14.60.040 (B) Aesthetics: Lighting. The guidelines set forth in this sub-section B shall govern the location of all towers and the installation of all antennas governed by this chapter. Where options for aesthetic treatment are provided, the Town shall direct which option is to be utilized.

1. All towers shall qualify as Stealth Tower Structures to the extent reasonably possible.

Section 2. Section 14.60.050 (C)(5) is amended to read as follows:

5. In addition to any building permit fees and conditional use permit application fees, the applicant shall pay a telecommunications facilities permit fee. The initial telecommunications facilities permit fee shall be in the amount of $2,500.00 for a new tower and any related antennas or other ancillary telecommunications facilities to be located on said tower and applied for in connection with the tower permit, and $750.00 for antennas or other ancillary telecommunications facilities. These permit fees may be modified from time to time by a Town board resolution. Should the telecommunications facilities be placed on property owned by the Town of Palmer Lake, an additional fee to be negotiated shall be charged by the Town. The Town board resolution may further provide for waiver of fees in the case of:

1. Construction of new towers with excess capacity where the applicant commits in advance to allow co-location;
2. Co-location of antennas on existing towers and/or alternative tower structures;
3. Location of antennas on existing alternative tower structures;
4. Other conditions which the Town believes will minimize the need for construction of new towers.

Section 3. Severability. It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 4. Publication and Effective Date. The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted. This ordinance shall become effective immediately upon passage.

PASSED AND ADOPTED THIS 14TH DAY OF FEBRUARY, 2002.

NIKKI McDONALD, MAYOR

ATTEST

DELLA J. GINS, TOWN CLERK

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