(a) Pre-application consultation. Applicants are encouraged to appear before the Planning Commission for consultation and a pre-review of proposed wireless communication antenna and tower sites. The applicant shall, at a minimum, supply the Planning Commission with the following information prior to the Commission conducting such consultation and pre-review.
(1) A location survey providing detailed information on existing towers and antenna co-location in the municipality as detailed in § 1298.05(a) of this chapter.
(2) Proposed tower site location plan showing existing uses within a one-mile radius of the proposed tower.
(3) Proposed tower and antenna type/design and height.
(4) A map of Columbiana and adjacent communities showing areas of coverage of the applicant’s proposed and adjacent area antennas.
(b) Application procedure. A wireless communication antenna and/or tower shall not be constructed or erected except upon a permit issued by the Building Inspector after approval as provided in this chapter. All permit applications shall be submitted to the Planning Commission for its review and recommendation. The applicant shall file a complete set of plans and specifications and shall also place on deposit the applicable fees as required by § 1298.10, and shall also place on deposit the amount necessary for the municipality to obtain a certification from a registered engineer(s) pursuant to § 1298.07 to insure that the proposal is in compliance with all federal, state and local regulations. The plans and specifications as submitted by the applicant shall include, at a minimum, the following:
(1) A site plan showing the location of the proposed tower and associated buildings meeting the design standards of § 1298.05 of this chapter, topographical survey of the area, and a creation plan showing existing uses within a one-mile radius of the proposed tower, and photographs depicting the existing uses and structures on the same and adjacent parcels of land;
(2) A list of competitors together with their addresses so that the municipality may notify the competitors of the application in an effort to encourage co-location;
(3) Existing towers location survey and antenna co-location information as detailed in §§ 1298.05(a) and (b) of this chapter;
(4) Architectural plans meeting the requirements of § 1298.06 of this chapter;
(5) Landscape plans meeting the requirements of § 1298.05(h) of this chapter; and
(6) Any other information the Planning Commission deems necessary for a review of the application.
(c) Public hearing. The Planning Commission shall hold a public hearing on the proposed tower and antenna. All applicable fees shall be paid by the applicant prior to the scheduling of a public hearing. After reviewing the application data and the information provided by its consultants, the Commission may require that the plans be revised prior to the setting of a public hearing. Notice of the time and place of the public hearing shall be published at least ten days prior to the date of the hearing at least once in a newspaper of general circulation, in the municipality, and mailed to owners, as shown on the current records of the County Recorder, of properties which are contiguous to the one upon which the tower is proposed to be located, and any other properties the Planning Commission may deem to be affected by the proposed tower and antenna. Failure of delivery or receipt of a public hearing notice shall not invalidate the public hearing proceedings. The public hearing may be recessed to a future date by the Commission if it determines that insufficient or inaccurate information has been presented. Major changes or unresolved issues which arise at or subsequent to the original public hearing shall require, at the discretion of the Planning Commission, a subsequent public hearing be held in accordance with the same procedures as required for the original one. The foregoing requirement of public notice and hearing may be waived by the Planning Commission for the construction of a new antenna on an existing structure which application does not require the construction of a new tower or associated facilities,
(d) Planning Commission action. Within 75 days after the final public hearing, the Commission shall issue its report and recommendation to Municipal Council. This report and recommendation shall include the Commission’s findings, recommendations, all areas of noncompliance, necessary variances, and any other special conditions as the Commission deems necessary to carry out the provisions contained in this chapter. Any decision to recommend to Council the denial of a request to place, construct or modify a wireless communication antenna and/or tower shall be in writing and be supported by substantial evidence contained in a written record of the proceedings of the Planning Commission.
(e) Council action: authority to proceed. Within 60 days after receipt of the report and recommendations of the Planning Commission, Municipal Council, by a majority vote of the members elected to Council, shall approve, approve with modifications, or disapprove the recommended action by the Planning Commission. Any decision by Municipal Council to deny a permit to place, construct, or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Council. In the event Municipal Council approves the installation of a tower and/or antenna, the Building Inspector is authorized to issue a permit for the installation of the same.
(Ord. 01-O-1915, passed 10-16-2001)