(A) Application. Applicant shall complete an application form and indicate whether its application and intended use is for:
(1) An eligible facilities request;
(2) Construction of a new tower;
(3) Initial placement of transmission equipment on a wireless support structure;
(4) Modification of an existing tower or existing base station that constitutes a substantial change to an existing tower or existing base station; or
(5) Any other request to construct or place transmission equipment that does not meet the definition of an eligible facilities request.
(B) Application fee. A deposit equal to 50% of the maximum allowable application fee for a specific type of application, as provided below, shall be submitted with each application. This deposit shall be applied toward the application fee with any balance returned to the applicant upon completion of the application process; in the event the deposit is not sufficient to satisfy the application fee, the applicant shall be required to pay the difference to the city upon demand. The application fee, including all city and third-party fees for review or technical consultation, shall be reasonably related to actual and direct administrative costs according to Iowa law and are as follows:
(1) Up to $500 for an eligible facilities request;
(2) Up to $3,000 for a new tower;
(3) Up to $3,000 for the initial placement or installation of transmission equipment on a wireless support structure;
(4) Up to $3,000 for modification of an existing tower that constitutes a substantial modification; and
(5) Up to $3,000 for any other application to construct or place transmission equipment.
(C) Third-party review or technical consultation. The city may retain the services of third-party entities of its choosing to provide review or technical consultation of applications, including, but not limited to, attorneys, surveyors, and engineers. Such third-party review may include without limitation:
(1) The accuracy and completeness of applications, including items submitted therewith;
(2) The validity of analysis, techniques, and methodologies proposed by applicant;
(3) The validity of conclusion reached by applicant; and
(4) Whether the application satisfies applicable criteria set forth in this subchapter.
(D) Required submissions. Applications submitted pursuant to this subchapter shall include the following materials except to the extent the same are not applicable to eligible facilities requests:
(1) Identifying information. The legal name of applicant and name, title, mailing address, telephone number, and email address of the individual responsible for filing and processing applicant's application.
(2) Application designation. An attestation from applicant stating whether the application constitutes an eligible facilities request; an application for new tower construction; or an application for the initial placement or installation of transmission equipment on wireless support structures, modification of an existing tower or existing base station that constitutes a substantial change, or other requests for construction or placement of transmission equipment that do not constitute an eligible facilities request.
(3) Explanation regarding request for new tower. An explanation regarding the reason for choosing the proposed location for construction of a new tower and the reason applicant did not choose collocation. The explanation shall include a sworn statement from an individual who has responsibility over placement of the tower attesting that collocation within the area determined by applicant to meet applicant's radio frequency engineering requirements for the placement of a site would not result in the same mobile service functionality, coverage, and capacity, is technically infeasible, or is economically burdensome to applicant.
(4) Special use permit application. All applications, except applications for eligible facilities requests, shall require submission of a special use permit application.
(5) FCC documentation. A copy of applicant's FCC license or registration for the site.
(6) FAA documentation. An affidavit attesting conformity with applicable FAA lighting and marking requirements.
(7) Evidence of site control. A legally binding document demonstrating applicant has control of the site for purposes set forth in applicant's application.
(8) Fall zone easements. One or more legally binding easements obtained from owners of each offsite parcel situated within a required fall zone.
(9) Site plan. Complete and accurate plans and drawings, drawn to scale, prepared signed and sealed by an Iowa-licensed engineer, land surveyor, and/or architect, including:
(a) A depiction of all proposed transmission equipment, wireless facilities, tower, base station, and/or wireless support facilities;
(b) Elevation drawings demonstrating compliance with applicable height requirements;
(c) A depiction of required fencing, landscaping, and/or screening;
(d) A depiction of all proposed utility runs and points of contact; and
(e) A depiction and description of the site (and leased or licensed area if applicable) showing the relative location of all proposed transmission equipment, wireless facilities, towers, base stations, and/or wireless support facilities, with all rights-of-way and/or easements for access and utilities, setbacks, and fall zone clearly identified.
(10) Site photos. Color photographs showing unobstructed views of the site from no less than four angles, at least one of which shall depict an outline of the area(s) to be fenced.
(11) Design justification. A clear and complete written analysis that explains how the proposed design complies with applicable criteria set forth in § 159.099(B) to the maximum extent feasible and identifies all applicable design standards complete with a factually detailed explanation of how and why the proposed design either complies or cannot feasibly comply.
(12) Design certification/structural assessment. A certificate prepared by an Iowa-licensed engineer indicating a tower, base station, or wireless support structure is sufficiently designed (in the case of new tower) or sufficiently constructed (in the case of an existing base station, wireless support structure, or tower) to support the transmission equipment and/or wireless facilities it is proposed to serve, and that it complies, or is designed to comply with applicable building codes and/or safety standards; and applicable regulations and standards of the FCC, FAA, and any other state or federal agency with the authority to regulate the same.
(13) Other published materials. All other information or materials the city may reasonably require from time to time, provided notice of the same is made publicly available and designated as part of the application requirements.
(E) Limitation of information. The information requested for an application shall not include information about or evaluate applicant's business decisions with respect to its application, applicant's designed service, customer demand for service, or quality of applicant's service to or from a particular area or site.
(F) Disclosure of public records. All records, documents, and electronic data submitted by applicant in the possession or custody of the city are subject to the provisions of Iowa Code Chapter 22. Disclosure of such records shall be consistent with applicable law.
(G) Limitations on review.
(1) Other potential locations or collocation. The city's review will not:
(a) Include evaluating the availability of other potential locations for the placement or construction of a tower or transmission equipment; or
(b) Require applicants to establish other options for collocation instead of the construction of a new tower or modification of an existing tower or existing base station that constitute a substantial change to an existing tower or existing base station.
(2) Transmission equipment and technology. The city shall not dictate the type of transmission equipment or technology to be used by applicant or discriminate between different types of infrastructure or technology.
(3) Radio frequency and environmental impacts. The city shall not:
(a) Deny an application, in whole or in part, based on perceived or alleged environmental effects of radio frequency emissions, as provided in 47 U.S.C. § 332(c)(7)(B)(iv);
(b) Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality; or
(c) Impose environmental testing, sampling or monitoring requirements or other compliance measures for radio frequency emissions from transmission equipment that are categorically excluded under FCC rules for radio frequency emissions pursuant to 47.C.F.R. § 1.1307(b)(1).
(4) Removal. The city shall not require the removal of existing towers, existing base stations, or existing transmission equipment, wherever located, as a condition to approval of an application.
(5) Emergency power systems. The city shall not prohibit the placement of emergency power systems that comply with federal and state environmental requirements.
(6) Surety requirements. The city shall not impose surety requirements, including bonds, escrow, deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused towers or transmission equipment can be removed.
(7) Tower space. The city shall not condition the approval of an application on applicant's agreement to:
(a) Provide space on or near the tower, base station, or wireless support structure for the city or local governmental or nongovernmental services at less than the market rate for such space; or
(b) Provide other services via the structure or facilities at less than the market rate for such services.
(8) Discrimination. The city shall not discriminate based on the ownership, including ownership by the city, of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or for evaluating applications.
(H) Duration of approval. The duration of an application approval shall not be limited, except that construction of the approved structure or facilities shall be commenced within two years of final approval, including the disposition of any appeals, and diligently pursued to completion.
(I) Final inspection.
(1) A certificate of occupancy for towers, transmission equipment, base stations, and/or other wireless facilities will only be granted upon satisfactory evidence applicant's work pursuant to a granted application:
(a) Substantially complies with approved plans, submissions, and specifications;
(b) Meets or exceeds current standards and regulations of the FCC, FAA, and any other state or federal agency with the authority to regulate the same; and
(c) Complies with standards set forth in applicable state and/or local building codes and industry safety standards, including but not limited to the most recent version of the Electronics Industries Association's/Telecommunications Industries Association's (EIA/TIA) Structural Standards for Steel Antenna Support Structures (or equivalent).
(2) If it is found applicant's work does not satisfy the requirements of § 159.101(I)(1), applicant shall make all changes required to bring such work into compliance promptly and prior to operation.
(Ord. 2598, passed 12-11-2018) Penalty, see § 159.999