1. The fixed application fee for review of wireless telecommunications facilities applications for co-locating an antenna array on an existing wireless telecommunications facility shall be as set forth in the city’s schedule of fees.
2. An application to increase the parameters of an approved wireless telecommunications facility as relates to conditioned height, profile, number of co-locations or footprint shall not qualify for treatment as an attachment to an existing tower or other structure under this section.
3. There shall be no special use permit required for an application to modify or to co-locate an antenna array on an existing and properly permitted wireless telecommunications facility so long as the co-location or modification does not exceed the parameters of the conditions of the approved special use permit, unless for good cause such shall be required by the Board of Commissioners or Planning Director. Instead, approval shall result in issuance of a zoning permit by the appropriate administrative officer.
4. Documentation shall be provided to demonstrate that the applicant has the legal right to proceed as proposed on the site, including an executed copy of the lease with the owner of the facility proposed to be attached to, or a letter of agency, showing the right of the applicant to attach to the structure.
5. A pre-application meeting shall be held before the pre-application meeting, the applicant shall be provided instructions for completing an application. Said instructions are to be controlling as regards the form and substance of the issues addressed in the instructions and must be followed. Prior to the pre-application meeting, the applicant shall prepare and submit the project information form and submit the retainer fee, but shall not prepare or submit the application.
6. The applicant shall include a written statement that:
a. The applicant’s proposed wireless telecommunications facility shall be maintained in a safe manner, and in compliance with all conditions of all applicable permits and authorizations, without exception, 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. 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.
7. An application for attaching an antenna array under this section shall contain the following information:
a. A detailed narrative description and explanation of the specific objective(s) for the new facility, or the modification of an existing wireless facility, expressly including and explaining the purpose for the facility, such as lack of coverage, and/or capacity, requirements, and the identified boundaries of the specific geographic area of intended coverage;
b. Documentation that the design of the facility is what is necessary for the design service to serve the community (i.e. that the placement on the wireless telecommunications structure is the lowest available height necessary and that the design produces the least visual and is designed to operate within the conditions of the approved special use permit as regards to height, profile, type and number of co-locations and footprint);
c. A copy of the FCC license applicable for the intended use of the wireless telecommunications facility, as well as a copy of the five (5) and ten (10) year build-out plan required by the FCC;
d. The frequency, modulation and class of service of radio or other transmitting equipment;
e. The maximum transmission power capability of all radios, as designed, if the applicant is a cellular or functional equivalent carrier, or the maximum transmission power capability, as designed, of all transmission facilities if the applicant is not a cellular or functional equivalent carrier;
f. The actual intended transmission power stated as the maximum effective radiated power (ERP), both in dBm’s and watts;
g. A statement certifying that the wireless telecommunications facility and all attachments thereto are in compliance with the conditions of the approved special use permit;
h. The name, address and phone number of the person preparing the application;
i. 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;
j. The postal address and tax map parcel number of the property;
k. A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;
l. The zoning district or designation in which the property is situated;
m. The size of the property on which the structure to be attached to is located, stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;
n. 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;
o. A site plan showing the footprint, location and dimensions of access drives, landscaping and buffers, fencing and any other requirements of site plans;
p. Elevations showing the vertical rendition of the wireless telecommunications facility identifying all users, attachments, and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;
q. The azimuth, size and center line height location of all proposed and existing antennae on the supporting structure;
r. The number, type and model of the antenna(s) proposed, along with a copy of the specification sheet(s) for the antennas;
s. The age of the tower in years, including the date of the grant of the original permit or authorization for the tower;
t. A description of the type of tower, e.g. guyed, self-supporting lattice or monopole;
u. The make, model, type and manufacturer of the telecommunications structure and the structural design calculations, certified by a professional engineer licensed in the state, proving the structure’s capability to safely accommodate the facilities of the applicant without change or modification, or if any change or modification of the structure 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;
v. 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;
w. 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;
x. 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 wireless telecommunications facility to accommodate the proposed modification or antenna array co-location, including any equipment shelter, unless the equipment shelter is located on the lowest floor of a building;
y. 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;
z. In an instance involving a tower where the new wireless telecommunications facility will be ten (10) meters or more above ground level, 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;
aa. 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 striped warning tape or a suitable warning barrier, as well as placing RF Radiation signs as needed and appropriate to warn individuals of the potential danger; and
bb. A signed statement that the applicant will expeditiously remedy any physical or RF interference with other telecommunications or wireless devices or services.
8. To protect the nature and character of the area and create the least visually intrusive impact reasonably possible under the facts and circumstances, any attachment to a building or other structure with a facie, the antennas shall be mounted on the facie, unless it can be proven that such will prohibit or have the effect of prohibiting the provision of service, and all such attachments and exposed cabling shall use camouflage or stealth techniques to match as closely as possible the color and texture of the structure.
9. If attaching to a water tank, in order to maintain the current profile and height, mounting on the top of the tank or the use of a corral shall only be permitted if the applicant can prove that to locate elsewhere will prohibit or have the effect of prohibiting the provision of service. The provisions of the preceding subsection 8. of this section shall also apply to any attachment to a water tank.
10. The applicant shall provide a certification by a professional engineer licensed in the state, along with documentation (a structural analysis), including calculations, that prove that the wireless telecommunications facility and its foundation as proposed to be utilized are designed and were constructed to meet all local, city, state, federal and ANSI structural requirements for loads, including wind and ice loads and the placement of any equipment on the roof of a building after the addition of the proposed new facilities.
11. So as to be the least visually intrusive wireless telecommunications facility reasonably possible given the facts and circumstances involved, and thereby have the least adverse visual effect and create the least intrusive or lowest profile or visual silhouette reasonably possible, unless it can be proven that such would be technologically impracticable, all antennas attached to a tower or other structure shall be flush mounted or as near to flush mounted as is possible without prohibiting or having the effect of prohibiting the provision of service so as to minimize the visual profile of the antennas, or prove technically, with hard data and a detailed narrative, that flush mounting cannot be used and would serve to prohibit or have the effect of prohibiting the provision of service.
12. Unless it is deemed inappropriate or unnecessary by the city given the facts and circumstances, the applicant shall demonstrate and provide in writing and by drawing how it shall effectively buffer and screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility up to a height of ten (10) feet.
13. 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, camouflage or concealment technology as may be required by the city and as is not impracticable under the facts and circumstances.
14. All utilities installed for a new wireless telecommunications facility 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.
15. If deemed necessary or appropriate, an access road, turn around space 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 and shall comply with any local or state regulations for the construction of roads. If the current access road or turn around space is deemed in disrepair or in need of remedial work to make it serviceable and safe and in compliance with any applicable regulations as determined at a site visit, the application shall contain a commitment to remedy or restore the road or turn around space so that it is serviceable and safe and in compliance with applicable regulations. (Ord. of 3/1/10; Ord. of 6/21/21, No. 41-21 Sec.1)