§ 156.231 APPLICATION.
   (A)   Application for the installation of a wireless communication facility shall be filed with the Zoning Administrator.
   (B)   In addition, applications for wireless service facilities shall include the following information.
      (1)   The name, address, and telephone number of the owner and lessee of the parcel of land upon which the wireless communication facility is to be situated. If the applicant is not the owner of the property, documentation that the owner of the property has granted, by agreement, use of the property for the proposed facility must be provided. The agreement shall also reflect who shall have maintenance responsibility for the facility and that the applicant shall be required to remove the facility or any portion thereof upon cessation of operation.
      (2)   A report signed by an engineer licensed in the state, which:
         (a)   Describes the facility’s height and design and includes cross sections and elevations for the proposed facility;
         (b)   Provides landscape screening plans drawn to scale;
         (c)   Describes the facility’s capacity, including the number and type of antennas it can accommodate;
         (d)   Documents the height above grade for all potential mounting positions for all antennas and the minimum separation distances between antennas;
         (e)   States that the facility is designed in accordance with the town’s Building Code, in addition to all other state and federal laws and regulations applicable thereto including:
            1.   A copy of the FAA’s response to the submitted “Notice of Proposed Construction or Alteration” (FAA Form 7460-1) shall be submitted to the Zoning Administrator; and
            2.   Proof of compliance with all applicable FCC regulations.
         (f)   Any other relevant data the Zoning Administrator deems necessary to completely review the application.
      (3)   A site plan, drawn to scale, showing the lot lines, land uses, and tree coverage, including average tree height, for all properties within 500 feet of the proposed site.
      (4)   A map showing all existing wireless service facilities within the service area of the proposed facility, including the name, address, and telephone number of all owners of such facilities.
      (5)   Where a wireless communication facility is not collocating, an affidavit attesting to the fact that the applicant made diligent, but unsuccessful efforts to receive permission to install or collocate the applicant’s facility on another service provider’s facility within the service area desired by the applicant because:
         (a)   The planned equipment would exceed the structural capacity of the existing or approved facility, and the existing or approved facility cannot be reinforced, modified, or replaced to accommodate the planned equipment at a reasonable cost;
         (b)   The planned equipment would cause interference materially impacting other service providers, and the interference cannot be prevented at a reasonable cost;
         (c)   An existing or approved facility within the search area cannot accommodate the planned equipment at a height necessary to provide service to the applicant’s service area; or
         (d)   Other unforeseen reasons make the subject site of practical necessity for the applicant.
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999