(A) All applicants for a special use permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section. The Council is the officially designated agency or body of the community to whom applications for a special use permit for wireless telecommunications facilities must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for wireless telecommunications facilities. The Council may at its discretion delegate or designate other official agencies of the city to accept, review, analyze, evaluate and make recommendations to the Council with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for wireless telecommunications facilities.
(B) An application for a special use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Council, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
(C) Applications not meeting the requirements stated herein or which are otherwise incomplete may be rejected by the Council.
(D) The applicant shall include a statement in writing:
(1) That the applicant's proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the special use permit, without exception, unless specifically granted relief by the Council in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal ordinances, rules, and regulations;
(2) That the construction of the wireless telecommunications facilities is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state.
(E) No wireless telecommunications facilities shall be installed or constructed until the site plan is reviewed and approved by the Council, and the special use permit has been issued.
(F) All applications for the construction or installation of new wireless telecommunications facilities shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a licensed professional engineer registered in the state. Where this section calls for certification, such certification shall be by a qualified state licensed professional engineer acceptable to the city, unless otherwise noted. The application shall include, in addition to the other requirements for the special use permit, the following information:
(1) Documentation that demonstrates the need for the wireless telecommunications facilities to provide service primarily within the city;
(2) Name, address and phone number of the person preparing the report;
(3) Name, address, and phone number of the property owner, operator, and applicant, to include the legal form of the applicant;
(4) Postal address and tax map parcel number of the property;
(5) Zoning District or designation in which the property is situated;
(6) Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;
(7) Location of nearest residential structure;
(8) Location of nearest habitable structure;
(9) Location, size and height of all structures on the property which is the subject of the application;
(10) Location, size and height of all proposed and existing antennae and all appurtenant structures;
(11) Type, locations and dimensions of all proposed and existing landscaping, and fencing;
(12) The number, type and design of the telecommunications tower(s) antenna(s) proposed and the basis for the calculations of the telecommunication tower's capacity to accommodate multiple users;
(13) The make, model and manufacturer of the tower and antenna(s);
(14) A description of the proposed tower antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;
(15) The frequency, modulation and class of service of radio or other transmitting equipment;
(16) Transmission and maximum effective radiated power of the antenna(s);
(17) Direction of maximum lobes and associated radiation of the antenna(s);
(18) Certification that NIER levels at the proposed site are within the threshold levels adopted by the FCC;
(19) Certification that the proposed antenna(s) will not cause interference with existing telecommunications devices, which certfication shall be reviewed by a licensed engineer designated by city;
(20) A copy of the FCC license applicable for the use of wireless telecommunications facilities;
(21) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site, which certification shall be reviewed by a licensed engineer designated by the city;
(22) Propagation studies of the proposed site and all adjoining proposed, in-service or existing sites;
(23) Applicant shall disclose in writing any in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs.
(G) In the case of a new telecommunication tower, the applicant shall be required to submit a written report demonstrating its efforts to secure shared use of existing telecommunications tower(s) or use of existing buildings or other structures within the city. Copies of written requests and responses for shared use shall be provided to the Council.
(H) The applicant shall furnish written certification that the telecommunication facility, foundation and attachments are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads.
(I) After construction and prior to receiving a Certificate of Compliance, the applicant shall furnish written certification that the wireless telecommunications facilities are grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.
(J) If requested by the Council, the applicant shall furnish a visual impact assessment which shall include:
(1) A " Zone of Visibility Map" which shall be provided in order to determine locations where the tower may be seen.
(2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the city, including but not limited to state highways and other major roads; state and local pants, other public lands, historic districts, preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. The Council, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key sites at a pre-application meeting.
(3) An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets.
(K) Any and all representations made by the applicant to the Council, on the record, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Council.
(L) The applicant shall, in a manner approved by the Council, demonstrate and provide in writing and/or by drawing how it shall effectively screen from view its proposed wireless telecommunications facilities base and all related facilities and structures.
(M) All utilities from wireless telecommunications facilities sites shall be installed underground and in compliance with all ordinances, rules and regulations of the city, including specifically, but not limited to the National Electrical Safety Code and the National Electrical Code where appropriate. The Council may waive or vary the requirements of undergrounding installation of utilities whenever, in the opinion of the Council, such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.
(N) All wireless telecommunications facilities shall contain a demonstration that the facility is sited so as to have the least adverse visual effect on the environment and its character, and the residences in the area of the wireless telecommunications facilities sites.
(O) Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize use of building materials, colors ,and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of stealth or concealment technology as required by the city.
(P) At a telecommunications site, an access road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
(Q) A person who holds a special use permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current technical, safety and safety-related codes adopted by the city, county, state, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsibly workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.
(R) A holder of a special use permit granted under this chapter shall obtain, at its own expense, all permits and licenses required by applicable rule, regulation or chapter, and must maintain the same, in full force and effect, for as long as required by the city or other governmental entity or agency having jurisdiction over the applicant.
(S) The Council may conduct an environmental review of the proposed project in combination with its review of the application under this chapter. Applicant shall provide written documentation that it is in compliance with all federal, state and local environmental regulations, such as NHPA and NEPA.
(T) An applicant shall submit to the City Council the number of completed applications determined to be needed at the pre-application meeting. A copy of the application shall be provided to the legislative body of all adjacent municipalities.
(U) The applicant shall examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for at least two additional commercial applications, for example, future collocations. The scope of this examination shall be determined by the Council. The telecommunications tower shall be structurally designed to accommodate at least two additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the telecommunications tower is not technologically feasible, or is commercially impracticable and creates an unnecessary and unreasonable burden, based upon:
(1) The foreseeable number of FCC licenses available for the area;
(2) The kind of wireless telecommunications facilities site and structure proposed;
(3) The number of existing and potential licenses without wireless telecommunications facilities spaces/sites;
(4) Available space on existing and approved telecommunications towers.
(V) The applicant shall submit to the Council a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Council. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter shall commit the new tower owner and their successors in interest to:
(l) Respond within 60 days to a request for information from a potential shared-use applicant;
(2) Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers;
(3) Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonably. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(W) Unless waived by the Council, there shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre-application meeting may also include a site visit. Costs of the city's consultants to prepare for and attend the pre-application meeting will be borne by the applicant.
(X) The holder of a special use permit shall notify the city any intended modification of a wireless telecommunication facility and shall apply to the city to modify, relocate or rebuild a wireless telecommunication facility.
(Y) In order to better inform the public, in the case of a new telecommunication tower, the applicant shall prior to the public hearing on the application, hold a "balloon test" as follows: applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three foot of diameter brightly colored balloon at the maximum height of the proposed new tower. The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised, by the applicant, at 7 and 14 days in advance of the first test date in a newspaper with a general circulation in city and agreed to by the Council. The applicant shall inform the council in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at east eight consecutive hours sometime between 7:40 a.m. and 4:00 p.m. of the dates chosen. The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday.
(Z) The applicant shall provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the telecommunications tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation Part 77. This requirement shall be for any new tower, or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines, that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondance shall be provided in a timely manner.
(Ord. 2002-01, passed 2-13-02)