(1) If the applicant demonstrates that no collocation opportunities exist and no replacement of existing support structures is feasible in the area where a technologically documented need for a wireless communication facility exists, the applicant may request that a new pole or other support structure be installed in that area for purposes of constructing the facilities. Before any new support structure is permitted, each of the following must occur:
(a) The applicant must have provided the city written evidence that no practical collocation or support structure replacement opportunity exists. This evidence shall include, but not be limited to, affidavits, correspondence, or other written information that demonstrates that the applicant has taken all commercially reasonable actions to achieve collocation or pole replacement in the requested location or area.
(b) That the applicant has pursued but been denied access to all potential collocation and support structure replacement sites in the subject area (and the reasons for any such denial(s), and otherwise show that the applicant is unable to collocate on or replace an existing support structure.
(2) Permit required. A provider or applicant must obtain a permit from the City of Cookeville Codes Department before placing, installing, or constructing any wireless communication technology facility support structure (and associated accessory equipment) within any public right-of-way.
(3) Application submittal. All proposed wireless communication support structures within public right-of-way shall be subject to administrative review and approval by the Codes Department. The factual determination approving or rejecting such plans shall be made in accordance with requirements of this ordinance and any other applicable city codes or regulations. One application for multiple proposed support structures within the same wireless communication system is encouraged whenever possible. At a minimum, each application for a permit shall contain all of the following:
(a) A written description and map showing the coverage area of the provider's existing facilities in the general and site-specific areas that are the subject of the application.
(b) A statement of the telecommunications objectives for the proposed location, whether the proposed facility is necessary to prevent or fill a gap or capacity shortfall in the applicant or provider's service area, whether it is the least obtrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service.
(c) A statement by an authorized representative that the applicant or provider holds all applicable licenses or other approvals required by any agency of state or federal government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.
(d) A statement by an authorized representative that the applicant or provider is in compliance with all conditions required for such license and approvals.
(e) A full description of the number and dimensions of all wireless communication support structures proposed to be installed.
(f) A site development plan, signed and sealed by a professional engineer registered in Tennessee, showing the proposed location of the support structure and existing structures within five hundred (500) feet of the proposed site. For applications in which multiple support structures are proposed, an overall site development plan showing all proposed locations within the city limits must be provided.
(g) A vertical profile sketch or drawing of the support structures and foundations, signed and sealed by a professional engineer registered in Tennessee, indicating the height of the support structure and the placement of all antennas and equipment enclosures.
(h) Photographs from each proposed support structure location, taken in at least four directions.
(i) Description of whether other overhead utilities exist within five hundred (500) feet of the proposed antenna location.
(4) Processing of application. The city shall review and take final action on applications for new wireless communication support structures within sixty (60) days of submittal of a completed application. This time period will not begin until the filing fee is submitted and the application is deemed complete by staff. Staff shall notify the applicant once the application is deemed complete and provide the deadline for the staff review period. Staff shall either approve, approve with conditions, or deny the application. If staff does not make a final decision within the required sixty (60) days, the application shall be deemed to be approved as submitted.
(5) Location and design requirements.
(a) A new wireless communication support structure is subject to design review and approval by city staff. The design criteria required for the new wireless communication system is determined by the type of location and conditions of that location in which the facility is to be located.
(b) Collocations: Other than the pre-application conference, no administrative review by staff is required for wireless communication facilities collocating on existing telecommunications structures, utility poles (as defined by this regulation) or other existing structures. These locations do not require the installation of a new support structure. Collocations must adhere to all other applicable federal, state, utility, and city policies or codes, zoning codes, building codes or permits.
(c) Temporary, mobile or wheeled cellular antenna towers within the public right-of-way are prohibited, with the exception of providing service during a special event or in the case of an emergency as determined necessary by the City Manager.
(d) Maximum height. New wireless communication support structures shall not exceed a height ten (10) feet higher than the height of utility poles or street light poles adjacent to the proposed location, but in no case shall exceed fifty (50) feet in height. If no utility or street light poles are adjacent to the proposed location, a new wireless communication support structure shall not exceed fifty (50) feet in height. A height that is in excess of what is permitted may be approved by staff if it integrates stealth technology that better meets the objectives of these regulations.
(e) New wireless communication support structures shall be monopole structures and shall not exceed twenty-four (24) inches in diameter.
(f) New wireless communication support structures shall be designed and constructed to accommodate a minimum of two (2) service providers.
(g) New wireless communication support structures located within a public right-of-way shall not interfere with other utilities, functionality of sidewalks, visibility, or other matters of public safety.
(h) New wireless communication support structures shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the stealth technology, such as a design intended to look like a street light pole.
(i) New wireless communication support structures shall not include advertisements and may only display information required by a federal, state, or local agency. Such display shall not exceed one (1) square foot in area, unless required by state or federal regulations, or unless a larger display is integral to the stealth technology. Such display shall not exceed the width of the pole, unless a wider sign is integral to the stealth technology such as a design which integrates a decorative banner.
(j) If a new wireless communication support structure is located in an area with primarily underground utilities, or where no adjacent overhead utility lines exist, it shall not utilize overhead utility lines.
(k) In instances where an antenna is proposed to be constructed within a district with established public or private design control measures, efforts shall be made to adhere to any established design control measures or existing furnishing or fixture styles within the district. Where additional local design review processes exist, such as Certificates of Appropriateness, such approvals may be required.
(l) If the new support structure(s) are to be located outside of public right-of-way on private property, installations will be subject to provisions of Section 206.17 of the City of Cookeville Zoning Code regulating Wireless Communication Tower Structures and Antenna Arrays.
(m) The use of cooling fans is discouraged. When needed, fans with lower noise profiles must be used.
(n) New wireless communication support structures in the public right-of-way shall not be located within five hundred (500) feet of an existing wireless communication system support structure in the right-of-way. Multiple carriers are permitted and encouraged to locate on one support structure, where possible. Closer locations may be approved by city staff if applicant provides documentation with justification.
(o) Shrouds, risers, and conduits shall be used to reduce the appearance of external cabling.
(p) All support structures, antennas, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by city staff.
(q) Cylindrical antennas are encouraged, unless another antenna style is integral to the stealth technology as approved by city staff.
(r) There shall be no more than a four (4) inch offset between the pole and pole mounted equipment enclosures.
(s) New wireless communication support structures should be located to avoid obstructing the view of building facades by placing the tower at a corner, intersection or along a lot line.
(t) Facilities in residential areas are strongly encouraged to be collocations.
(u) Wireless communication support structures and antenna or related equipment located in residential areas shall be camouflaged by stealth technology. Examples of appropriate stealth technology for residential areas includes, at a minimum, support structures with all cables, wires, transmission equipment, electric meters, power equipment, etc. installed inside the wireless communication support structure. Other types of stealth technology or other methods which will reduce the visual impact may be approved by city staff.
(v) In residential areas, a wireless communication support structure shall not be located closer than the height of the proposed tower to an existing or proposed residential structure, or no closer than thirty (30) feet, whichever is greater.
(6) Evaluation criteria. Evaluation of the proposal shall be based upon the following criteria and shall be subject to administrative approval by city staff:
(a) All new wireless communication support structure applications will be reviewed by all applicable City Departments to determine impact on existing utilities in the rights-of-way.
(b) The extent to which the proposal is consistent with the purposes of these regulations.
(c) The extent to which the proposal minimizes the impact on adjacent land uses, especially in terms of visual impact.
(d) The extent to which the proposed facility is camouflaged (i.e., use of stealth technology).
(e) The extent to which the proposed facility conforms to the character of the surrounding area (i.e., buildings, street lighting, signs).
(7) Maintenance. All wireless communication facilities and associated support structures must be installed, erected, maintained and operated in compliance with applicable federal and state laws and regulations, including, but not limited to, regulations of the FCC. Wireless communication facilities and support structures must at all times be maintained in good and safe condition. On no more frequent than a triennial basis, the Codes Department may request that the provider or applicant, at their expense, furnish certification from a professional engineer who is licensed in the State of Tennessee that the facilities and support structures are in sound condition. Should that engineer deem those structures unsound, the provider or applicant shall furnish to the Codes Department a plan to remedy any unsafe conditions or structural defect(s) and take that remedial action at the provider or applicant's expense to be completed within a reasonable amount of time determined by the Codes Department.
(8) Abandonment. If a Provider or Applicant abandons any facility (including the accessory equipment) or an associated support structure (collectively "facilities" for purposes of this section) that is located on the right-of-way, the following rights and obligations shall exist. The city may require the provider or applicant, at their expense, to remove and reclaim the abandoned facilities within sixty (60) days from the date of written notice of abandonment given by the city to them and to reasonably restore the condition of the property at which the facilities are located to that existing before they were installed. If the provider or applicant fails to remove and reclaim its abandoned facilities within such 60-day period and the facilities are located on the right-of-way, the city shall have the rights to (a) remove them and charge its expense of any such removal operation to the account of the provider or applicant, (b) purchase all abandoned facilities at the subject location from the provider or applicant in consideration for $1.00, (c) at the city's discretion, either resell the abandoned facilities to a third party or dispose and salvage them; provided that the proceeds of any resale of abandoned facilities by the city to a third party shall be credited to the account of the applicant or provider that used those facilities before the abandonment, and (d) charge any expense incurred by the city to restore the right-of-way to the account of the provider or applicant.
(9) Fees. The Applicant for a permit to place a wireless communication technology support structures within the public right-of-way shall pay the following types of fees as set out below:
(a) All applicants shall pay to the city a non-refundable permit application filing fee of three hundred dollars ($300.00) per support structure.
(b) The wireless provider shall pay to the city an annual permit renewal fee of two hundred dollars ($200.00) per support structure.
(c) The annual permit renewal fee provided for in section 16-809(9)(b) shall be payable annually on or before October 1 of each calendar year for the portion of the wireless communication systems within the public right-of-way on January 1 of that year and a pro-rated permit fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a wireless telecommunication permit for all new portions of the system.
(Ord. #O17-09-16, Oct. 2017)