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1256.11  DEMONSTRATION OF NECESSITY.
   (a)   To assure that the City's and the public's objectives are achieved, the wireless telecommunications service provider requesting permission to locate a tower and related wireless telecommunications facility shall produce written evidence of contact with all wireless telecommunications service providers who supply service within the distribution sphere of the proposed facility.  The applicant-provider shall inquire about potential collocation opportunities at all technically feasible locations in, or which could service, the City.
   (b)   To adequately demonstrate the need at a particular location the applicant-provider shall provide following information as part of the demonstration of necessity:
      (1)   Coverage areas of existing sites within 2.5 miles;
      (2)   Propagation maps from proposed site at increments of 25 feet starting at 50 feet in height up to proposed height;
      (3)   List of existing structures within 2.0 miles of proposed site that are at least 40 feet in height along with anticipated signal strengths from those structures;
      (4)   In-building and in-vehicle coverage areas in relation to paragraph (b)(2) above;
      (5)   Description of anticipated coverage areas and coverage signal strengths in dBm;
      (6)   Written proof of contact with existing wireless telecommunication sites within one mile of proposed site.  Contact shall request availability of collocation at exiting site.  The application shall include written responses from the contacted sites.  Propagation maps from existing sites within the one mile radius shall be included to show the differences in coverage areas;
      (7)   Frequency, modulation and class of service of radio or other transmitting equipment;
      (8)   The number, type and design of the proposed tower and antennas and any calculations used to determine the proposed number of collocations available at the proposed site;
      (9)   List of other service providers contacted in good faith that may be willing to locate at the proposed site;
      (10)   Certification that the NEIR levels at the proposed site are within the permitted threshold levels as established by the FCC;
      (11)   Name, address, phone number and accreditation of person submitting maps and report;
      (12)   Fall zone map identifying all existing structures within the fall zone (a.k.a. total height) of the proposed tower; and
      (13)   Line of site drawings which will provide approximate views from adjacent properties.
   (c)   The City shall contract with a competent expert to assist in evaluating the need for a new tower, antenna and related wireless telecommunications facilities at a particular location.  This evaluation shall be completed prior to the application being considered by Planning Commission.  The applicant shall be afforded an opportunity to provide rebuttal to the expert's review and re-review prior to the formal departmental review and submission to Planning Commission in accordance with the Planning Commission Rules and Regulations.  This study shall not be required for collocations or antenna systems being proposed for attachments to existing buildings and structures unless the tower is proposed to extend beyond 25 feet in height over the attachment point.
   An applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable costs of a competent expert for the evaluation and consultation to the City in connection with the review of any application.  The initial deposit shall be eight thousand dollars ($8,000). The placement of the eight thousand dollars ($8,000) with the City shall precede the application to Planning Commission.  The City will maintain a separate escrow account for all such funds.  The City's expert shall invoice the City for its services in reviewing the application.  If at any time during the process this escrow account has a balance less than three thousand dollars ($3,000), the applicant shall immediately, upon notification by the City, replenish said escrow account so that it has a balance of at lease five thousand dollars ($5,000). Such funds shall be deposited with the City before any further action or consideration is taken on the application.  In the event that the amount held in escrow by the City is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. The total amount of the funds needed as set forth in paragraph (b)(2) hereof may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.  The maximum fee associated with the consultant review shall be seventeen thousand dollars ($17,000).
(Ord. 90-98.  Passed 5-18-98; Ord. 89-2011.  Passed 9-12-11.)