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obstructions to the right of way but also long-term effects from telecommunication deployment that could disturb the use and quiet enjoyment of the public road; and WHEREAS, the Town initially adopted a Wireless Communications Facilities Policy in 1996, amended in 2006, regarding certain policies for wireless facilities location and screening, which are not contained in the Municipal Code; and WHEREAS, in response to the FCC Order, the Town adopted an Urgency Ordinance under Chapter 7-5 of the Municipal Code in March 2019 to generally address design, installation, operation and maintenance issues that arise in connection with wireless telecommunications facilities deployed in the public right-of-way; and WHEREAS, the Town does not otherwise have a comprehensive set of regulations for the placement, installation, maintenance and operation of wireless telecommunications facilities; and WHEREAS, the Town desires to amend the Municipal Code to adopt regulations regarding wireless facilities in order to reflect current telecommunications trends or necessary legal requirements, and to establish comprehensive requirements and standards for the development, siting, installation and operation of wireless facilities in a way that protects and promotes public safety, community welfare, and the Town's character and aesthetic quality; and WHEREAS, the Town desires to adopt design requirements that further govern the aesthetics of wireless facilities; and WHEREAS, this Ordinance is adopted based on the following facts: (1) The purpose of this Ordinance is to amend the Town's Municipal Code to provide uniform standards, regulations and permit requirements for the installation of wireless telecommunications facilities within the Town limits. (2) Providers within the wireless telecommunications industry have expressed interest in submitting applications, or have already submitted applications, for the installation of distributed antenna systems, also known as "small cell" wireless telecommunications facilities and other wireless telecommunications facilities in the Town's public rights-of-way and other areas. Other California cities have also received applications for small cells and wireless telecommunications facilities to be located within the public right-of-way. (3) Installation of small cell and other wireless telecommunications facilities within the public right-of-way can pose a threat to the public health, safety and welfare, including disturbance to the right-of-way through the installation and maintenance of wireless facilities; traffic and pedestrian safety hazards due to the unsafe location of wireless facilities; impacts to trees where proximity conflicts may require unnecessary trimming of branches or require removal of roots due to related undergrounding of equipment or connection lines; creation of visual and aesthetic blights and potential safety concerns arising from excessive size, heights, noise or lack of camouflaging of wireless facilities including the associated pedestals, meters, equipment and power generators; Ordinance 587 Page 2