All applicants for a special use permit for new wireless telecommunications facilities, including new towers or support structures or that otherwise increases the footprint, height, profile or number of co-locations or any modification of such facility beyond the conditions of an approved special use permit shall comply with the requirements set forth in this article. The Board of Adjustment (Board) is the officially designated body of the city 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 or revoking special use permits for wireless telecommunications facilities. The Board may at its discretion delegate or designate other official agencies or officials of the city or outside consultants to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting or revoking special use permits for wireless telecommunications facilities. However, outside consultants shall have no authority to make or change policy for the city.
1. All applicants shall closely follow the instructions for preparing an application for a wireless telecommunications facility prior to the submittal of an application for a special use permit. Not closely following the instructions without permission to deviate from such shall result in a tolling of the otherwise required forty-five (45) day notification period until the receipt of a complete and properly completed application. The applicant shall be notified in writing within forty-five (45) days of submission of an application as to the completeness of the wireless telecommunications facility application and any deficiencies. An amended application shall be required to correct any deficiencies.
2. When placing wireless facilities on government-owned property or facilities, only noncommercial wireless carriers and users are exempt from the permitting requirements of this article.
3. The city may deny applications not meeting the requirements stated herein or which are otherwise not complete. In the event the application is denied, the portion of the wireless telecommunications facility application fee remaining from the retainer shall be refunded, but the special use permit application fee is not refundable.
4. No wireless telecommunications facilities shall be installed, constructed or modified until the application is reviewed and approved by the Board, the special use permit has been approved and a zoning permit has been issued.
5. Any and all representations made by the applicant to the Board on the record during the application process, whether written or verbal, shall be deemed to have been relied upon in good faith by the city. Any verbal representation made during a meeting of the Board shall be treated as if it were made in writing if recorded in minutes of the meeting approved by the Board.
6. An application for a special use permit for a wireless telecommunications facility shall be signed on behalf of the applicant by the person preparing the same with knowledge of its contents and representations and who is vested with authority to bind and commit the applicant to the conditions of the special use permit.
7. The applicant must provide documentation to verify it has the right to proceed as proposed on the site. This requires an executed copy of the lease with the landowner or landlord or a signed letter of agency acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required.
8. The applicant shall include a statement in writing:
a. That the applicant’s proposed wireless telecommunications facility 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 Board in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable city, state and federal laws, rules, and regulations; and
b. That the construction of the wireless telecommunications facility is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state.
9. Where a certification is called for in this article, such certification shall bear the signature and seal of a professional engineer licensed in the state.
10. In addition to all other required information as stated in this article, all applications for the construction or installation of new wireless telecommunications facilities or modification of an existing facility shall contain the information hereinafter set forth prior to the issuance of a zoning permit.
a. The name, address and phone number of the person preparing the application;
b. The name, address, and phone number of the property owner and the applicant, including the legal name of the applicant. If the owner of the structure is different than the applicant, the name and all necessary contact information shall be provided;
c. The postal address and tax map parcel number of the property;
d. A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;
e. Written acknowledgment that any new telecommunications tower shall be structurally designed to accommodate a minimum of six (6) antenna arrays and shall be managed so as not to restrict, prevent or prohibit competition among carriers;
f. The applicant shall disclose in writing any agreement 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. The zoning district or designation in which the property is situated;
h. The size of the property footprint on which the structure to be built or attached is located, stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;
i. The location, size and height of all existing and proposed structures on the property on which the structure is located and that is the subject of the application;
j. A site plan showing the footprint and the type, location and dimensions of access drives, landscaping and buffers, fencing and any other requirements of site plans;
k. Elevations showing the profile or the vertical rendition of the wireless telecommunications facility identifying proposed attachments and all related fixtures, structures, appurtenances and apparatus, including the height above the pre-existing grade, materials, colors and lighting;
l. When considering a modification to an existing wireless telecommunications facility, provide all users and attachments to the facility, including all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;
m. Azimuth, size and center line height location of all proposed and existing antennas on the supporting structure;
n. The type and design of the wireless telecommunications facility, the number of antenna arrays proposed and the basis for the calculations of the wireless telecommunications facility’s capacity to accommodate the required number of antenna arrays for which the structure must be designed;
o. The applicant shall disclose in writing any agreement 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;
p. If modifying an existing wireless telecommunications facility:
(1) The age of the facility in years, including the date of the grant of the original permit;
(2) A description of the type of tower, e.g. guyed, self-supporting lattice or monopole;
(3) The make, model, type and manufacturer of the facility and the structural design calculations, certified by a professional engineer licensed in the state, proving the facility’s capability to safely accommodate the facilities of the applicant without change or modification or if any change or modification of the facility is needed, a detailed narrative explaining what changes are needed, why they are needed and who will be responsible to assure that the changes are made;
(4) A copy of the installed foundation design, as well as a geotechnical sub-surface soils investigation, evaluation report and foundation recommendation for the tower site or other structure; and
(5) For a tower that is five (5) years old or older, or for a guyed tower that is three (3) years old or older, a copy of the latest ANSI Report done pursuant to the latest edition of ANSI-EIA/TIA 222F - Annex E for any self-supporting tower. If an ANSI report has not been done pursuant to the preceding schedule, an ANSI report shall be done and submitted as part of the application. No zoning permit shall be issued for any wireless facility where the structure being attached to is in need of remediation, unless and until all remediation work needed has been completed or a schedule for the remediation work has been approved by the city planning staff;
q. A structural report signed by a professional engineer licensed to do business in the state and bearing that engineer’s currently valid stamp, showing the structural adequacy of the proposed structure to accommodate the proposed wireless telecommunications facility, including any equipment shelter, unless the equipment shelter is located on the lowest floor of a building; in showing the structural adequacy of the proposed structure for a new wireless facility, this structural report shall include at least the following information:
(1) A description of the type of tower, e.g. guyed, self-supporting lattice or monopole;
(2) The make, model, type and manufacturer of the facility and the structural design calculations, certified by a professional engineer licensed in the state; and
(3) A copy of the installed foundation design, as well as a geotechnical sub-surface soils investigation, evaluation report and foundation recommendation for the tower site or other structure;
r. If attaching to a structure other than a tower or where the proposed attachment is within thirty (30) feet of areas to which the public has or could reasonably have or gain access to, documentation shall be provided, including all calculations, proving that the potential exposure to RF Radiation (i.e. NIER or Non-Ion Emitting Radiation), will be in compliance with the most recent Federal Communications Commission regulations governing RF Radiation and exposure thereto, and further denoting the minimum distance from any antennas an individual may safely stand without being exposed to RF Radiation in excess of the FCC’s permitted standards and any portion(s) of the structure that would be exposed to RF Radiation in excess of the FCC’s permitted standards. In compliance with the FCC’s regulations, in such an instance the RF Radiation from all wireless facilities at that location shall be included in the calculations to show the cumulative effect on any area of the building or structure deemed accessible by the public or workers. Such report or analysis shall be signed and sealed by a professional engineer licensed in the state;
s. In an instance involving a tower where the new wireless facilities will be ten (10) meters or more above ground level and not within thirty (30) feet of areas to which the public has or could reasonably have or gain access to, signed documentation such as the FCC’s “Checklist to Determine whether a Facility may be Categorically Excluded” shall be provided to verify that the wireless telecommunication facility with the proposed installation will be in full compliance with the current FCC’s RF Emissions regulations. If not categorically excluded, a complete RF Emissions study is required to enable verification of compliance, including providing all calculations so that such may be verified prior to issuance of a zoning permit;
t. In certain instances, the city may deem it appropriate to have an RF survey of the facility done after the construction or modification and activation of the facility, such to be done under the direction of the city or its designee, and an un-redacted copy of the survey results provided, along with all calculations prior to issuance of a certificate of compliance;
u. If any section or portion of the structure to be attached to is not in compliance with the FCC’s regulations regarding RF Radiation, that section or portion must be barricaded with a suitable barrier to discourage approaching into the area in excess of the FCC’s regulations, and be marked off with yellow and black plastic chain and striped warning tape, as well as placing RF Radiation signs as needed and appropriate to warn individuals of the potential danger; and
v. A signed statement that the applicant will expeditiously remedy any physical or RF interference with other telecommunications or wireless devices or services.
11. The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the proposed wireless telecommunications facility is in compliance with Federal Aviation Administration Regulation Part 77 and if it requires lighting. This requirement shall also be for any where the application increases the height of the wireless telecommunications facility. If this analysis determines that an FAA determination is required, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided with the application.
12. Application for new wireless telecommunications facility versus co-location.
a. The applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing wireless telecommunications facilities or the use of alternative buildings or other structures within the city that are at or above the surrounding tree height or the tallest obstruction and are within one (1) mile of the proposed tower. Copies of written requests and responses for shared use shall be provided to the city in the application, along with any letters of rejection stating the reason for rejection.
b. Telecommunications towers shall be prohibited in residential districts, or historic districts, unless the applicant provides documentation (i.e. clear and convincing evidence that there is no technological option) to demonstrate that the telecommunications tower is necessary, that the area cannot be served from outside the district, that no existing or previously approved wireless telecommunications facility can reasonably be used for the antenna placement instead of the construction of a new wireless telecommunications facility or instead of increasing the height of an existing wireless telecommunications facility, and that no alternative wireless telecoinmunications facility or alternative type of wireless telecommunications facility can be used to provide wireless telecommunications service to the district.
c. In order to better inform the public, in the case of a new telecommunication tower, the applicant shall hold a “balloon test” prior to the initial public hearing on the application. The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a ten (10) foot in length brightly colored balloon at the maximum height of the proposed new tower.
d. At least fourteen (14) days prior to the conduct of the balloon test, a sign shall be erected so as to be clearly visible from the road nearest the proposed site and shall be removed no later than fourteen (14) days after the conduct of the balloon test. The sign shall be at least four (4) feet by eight (8) feet in size and shall be readable from the road by a person with 20/20 vision.
e. Such sign shall be placed off, but as near to, the public right-of-way as is possible.
f. Such sign shall contain the times and date(s) of the balloon test and contact information.
g. The dates, (including a second date, in case of poor visibility or wind in excess of fifteen (15) mph on the initial date) times and location of this balloon test shall be advertised by the applicant seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a general circulation in the city and as agreed to by the city. The applicant shall inform the city in writing, of the dates and times of the test, at least fourteen (14) days in advance. The balloon shall be flown for at least four (4) consecutive hours between 10:00 a.m. and 2:00 p.m. on the dates chosen. The primary date shall be on a week-end, but the second date, in case of poor visibility on the initial date, may be on a week day. A report with pictures from various locations of the balloon shall be provided with the application.
h. The applicant shall notify all property owners and residents located within one thousand five hundred feet (1,500) of the nearest property line of the subject property of the proposed construction of the tower and wireless facility and of the date(s) and time(s) of the balloon test. Such notice shall be provided at least fourteen (14) days prior to the conduct of the balloon test and shall be delivered by first-class mail.
i. The wireless telecommunications facility shall be structurally designed to accommodate at least six (6) antenna arrays as regards the load and stress created on the structure, with each array to be sited in such a manner as to provide for flush attachments to the greatest extent possible with the minimum separation required without causing interference. An intermodulation study shall be submitted to justify design claims as related to interference. A claim of interference because of a need to have greater than six (6) feet of vertical clearance between facilities, measured from the vertical centerline of one (1) array to the vertical centerline of another, must be proven by technical data showing that there is no technological alternative that would enable the service to be provided that would require less vertical space, and not merely verbal or written assertions. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the wireless telecommunications facility is not reasonably feasible if co-location is technically or commercially impractical or impracticable. The applicant shall provide information necessary to determine whether co-location is reasonably feasible-based upon:
(1) The kind of wireless telecommunications facility site and structure proposed; and
(2) Available space on existing and approved wireless telecommunications facilities.
j. The owner of a proposed new wireless telecommunications facility, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed wireless telecommunications facility by other wireless service providers in the future, and shall:
(1) Respond within sixty (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 wireless telecommunications facility by other telecommunications providers; and
(3) Allow shared use of the new wireless telecommunications facility if another telecommunications provider agrees in writing to pay reasonable charges. 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 wireless telecommunications facility or equipment to accommodate a shared user without causing electromagnetic interference.
(4) Failure to abide by the conditions outlined above may be grounds for revocation of the special use permit.
13. The applicant shall provide certification with documentation (i.e. structural analysis) including calculations that the telecommunications facility and foundation and attachments, rooftop support structure, water tank structure, or any other supporting structure as proposed to be utilized are designed and will be constructed to meet all local, state and federal structural requirements for loads, including wind and ice loads and including, but not limited to all applicable ANSI (American National Standards Institute) guidelines.
14. All applications for proposed wireless telecommunications facilities shall contain a demonstration that the facility is sited and designed so as to create the least visual intrusiveness reasonably possible given the facts and circumstances involved, and thereby will have the least adverse visual effect on the environment and its character, on existing vegetation, and on the community in the area of the wireless telecommunications facility. The city expressly reserves the right to require the use of stealth or camouflage technology or techniques such as DAS (Distributive Antenna System technology) or its functional equivalent to achieve this goal and such shall be subject to approval by the Board.
15. The applicant shall furnish a visual impact assessment, which shall include:
a. A computer generated “Zone of Visibility Map” at a minimum of one (1) mile radius from the proposed structure shall be provided to illustrate locations from which the proposed installation may be seen, with and without foliage;
b. Pictorial representations (photo simulations) of “before and after” views from key viewpoints inside of the city as may be appropriate and required, including but not limited to state highways and other major roads, state and local parks, 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. Guidance will be provided concerning the appropriate key viewpoints at the pre-application meeting. In addition to photographic simulations to scale showing the visual impact, the applicant shall provide a map showing the locations of where the pictures were taken and the distance(s) of each location from the proposed structure; and
c. A written description of the visual impact of the proposed facility, including, as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and streets as relates to the need for or appropriateness of screening.
16. The applicant shall demonstrate and provide a description in writing and by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility.
17. The wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and to harmonize with the natural surroundings. This shall include the utilization of stealth or camouflage or concealment technology as may be required by the city.
18. All utilities at a wireless telecommunications facility site shall be installed underground and in compliance with all laws, 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.
19. At a wireless telecommunications facility site an access road, turn around space for an emergency vehicle 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 the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
20. All wireless telecommunications facility shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with all current applicable technical, safety and safety-related codes adopted by the city, state, or United States, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible 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.
21. A holder of a special use permit granted under this article shall obtain, at its own expense, all permits and licenses required by applicable law, ordinance, rule, regulation or code, 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.
22. There shall be a pre-application meeting for all intended applications. The purpose of the pre-application meeting will be to address issues that will help to expedite the review and permitting process and certain issues or concerns the city may have. A pre-application meeting shall also include a site visit, if there has not been a prior site visit for the requested facility. Costs of the city’s consultants to prepare for and attend the pre-application meeting will be borne by the applicant and paid for out of a retainer based on the fixed hourly rate to be set in the city’s fee schedule applied to the anticipated time customarily required for the review of similar applications.
23. An applicant shall submit to the city the number of completed applications determined to be needed at the pre-application meeting. However, applications will not be transmitted to the Board for consideration until the application is deemed complete.
24. If the proposed site is within two (2) miles of another jurisdiction, written notification of the application shall be provided to the legislative body of all such adjacent municipalities as applicable and/or requested.
25. The holder of a special use permit shall notify the city of any intended modification of a wireless telecommunication facility and shall apply to the city to modify, relocate or rebuild a wireless telecommunications facility.
26. A zoning permit shall not be issued for construction of the wireless telecommunications facility until there is an application for a specific carrier that documents that the facility is necessary for that carrier to serve the community and that co-location on an existing telecommunications structure is not feasible within the applicant’s search ring. Co-location on an existing structure is not reasonably feasible if co-location is technically or commercially impractical or impracticable or the owner of the wireless telecommunications facility is unwilling to enter into a contract for such use at fair market value. Sufficient documentation in the form of clear and convincing evidence to support such claims shall be submitted with a wireless telecommunications facility application for the first carrier to determine whether co-location on existing structures is reasonably feasible and to document the need for a specific height and that less height will serve to prohibit or have the effect of prohibiting the provision of service. (Ord. of 3/1/10; Ord. of 6/21/21, No. 41-21 Sec.1)