(A) Application requirements. An applicant for a telecommunications facility, including co-locating on an eligible support structure or adding transmission equipment to an alternative structure shall provide the codes department with the following information at the time of application for the final site plan or building permit (for eligible facilities requests, it is not necessary to meet the requirements of divisions (4) through (7), below):
(1) A schematic site plan, including schematic landscape plan for any application where landscaping is required, and an elevation view of the type of facility to be placed on the site. The site plan shall depict where the facility is to be located on the site and where additional co-located communication equipment, shelters or vaults will be or can be placed.
(2) If the application is not for co-location, a statement justifying why co-location is not possible. Such statement shall include:
(a) Such structure and technical information and other justifications as are necessary to document the reasons why co-location is not possible; and
(b) The applicant shall provide a list of all eligible support structures and alternative structures considered as alternatives to the proposed location The applicant shall provide a written explanation why the alternatives considered were impossible due to technical or physical alternatives.
(3) Identification of any radio frequencies that would be utilized on the telecommunications facility. If any frequency is later changed, notice of the new frequency shall be provided to the Information Technology Services (ITS) Department. The city reserves the right to immediately require the discontinuance of any radio frequency that causes interference with the City of Crossville and Cumberland County Communications System.
(4) The applicant shall demonstrate that through location, construction, or stealthing, the proposed facility or network of facilities will have minimum visual impact upon the appearance of adjacent properties and the views and vistas from adjacent residential neighborhoods and pedestrian environment while retaining viable opportunities for future co-location, provided applications for designs consistent with the design guidelines provided for in division (7) of this section shall be deemed to have met the requirement of this subsection.
(5) Documentation of the number of other users that can be accommodated within the design parameters of the telecommunications facility as proposed.
(6) A statement indicating the owner's commitment to allow feasible shared use of the facility within its design capacity for co-location.
(7) The proposed site plan and stamped engineering design plans meet or exceed all applicable standards, including without limitation those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), the National Electrical Code, and the American Steel Institute. The telecommunications facility must comply with building codes and other federal, state, and local regulations, Applicant must also comply with Section 106 of the National Historic Preservation Act of 1966.
(8) Copy of signed lease and/or agreement for the use of the property, if not owned by applicant.
(B) Downtown Business District. For the purposes of this chapter the downtown business district shall be designated as Main Street and all right-of-way abutting Main Street from the intersection of Lantana Road to the intersection of Neecham Street. The City of Crossville and its residents have a vested interest in the aesthetics and the preservation of the downtown business district.
(1) Any and all standalone telecommunication equipment shall be prohibited in the downtown area and must be placed behind the main thoroughfare of the downtown business district in the right-of-way or private property located off of side or back streets.
(2) Standalone equipment may be located on the tops of buildings in the downtown business district provided such consent is given by the individual property owners.
(3) Nothing in this section shall waive the permit requirements set out in other provisions of this chapter.
(C) Co-location requirements. Co-location or location on existing alternative structures is required where possible. New telephone service towers of a height of more than 100 feet and less than 200 feet must be designed and built to accommodate three or more personal communication system carrier applications and must be made available upon reasonable terms for co-location to at least three additional single antenna applications such as 911 and emergency management communications. Additionally, the site must be sufficiently large enough to accommodate at least three telecommunication equipment shelters, cabinets, or additions to existing structures. New telephone service towers of a height of 200 feet or more must be designed and built to accommodate at least three personal communication system applications and at least three additional single antenna applications plus at least one additional personal communication system application and at least one additional single antenna application for each additional 50 feet of height, to a maximum of six personal service communication system carriers and six single antenna applications, to be made available upon reasonable terms for co-location.
(D) Removal of abandoned telecommunication facilities.
(1) Any telecommunication facility that is replaced with a new or updated telecommunication facility, including conduit, wire or cable, or any telecommunication facility permitted under this chapter that is not operated as a personal communication system carrier application for a continuous period of 12 months shall be considered abandoned and the owner of such telecommunication facility shall notify the Codes Department of the abandonment and remove same within 90 days. Failure to do so shall be deemed to be a violation of these regulations and be filed with the Administrative Hearing Officer according to § 12-1101 et. seq. of the Crossville Municipal Code. The owner of the antenna or tower will be notified to appear before the Administrative Hearing Officer to show just cause why the antenna or tower should not be considered abandoned and subject to removal. Judicial review of the final order of the Administrative Hearing Officer is available under T.C.A. 6-54-1017.
(2) If a provider fails to fully comply with a demand by the city pursuant to this section promptly or by the date specified by the city, the city shall have the right to: (i) declare that all rights and title to and interest in the affected equipment or facilities are the property of the city; and/or (ii) move, alter, relocate, or remove any such equipment or facilities and restore the affected public right-of-way as it deems necessary. The provider shall reimburse the city for any costs incurred ir moving, altering, relocating, or removing any equipment or facilities and restoring the affected public right-of-way in an amount equal to the sum of the actual cost of moving, altering, relocating, or removing any equipment or facilities and restoring the affected public right-of-way and 25% of such costs as compensation to the city for general overhead and administrative expenses associated with such work and shall make any payment due as directed by the city and not later than 20 calendar days after receipt of a bill.
(E) Telecommunication facilities outside of the public right-of-way.
(1) New support structures or substantial changes to eligible support structures 150' and greater, shall be designed to accommodate a minimum of three PWSF providers. This number shall be inclusive of any emergency management communication systems.
(2) A permit for a COW is limited to 30 days, but when circumstances reasonably warrant, the permit may be renewed.
(3) Additional provisions for substantial changes to eligible support structures or placement of new telecommunications equipment on alternative structures.
(a) New telecommunications equipment placements on alternative structures, shall be designed with screening and other stealth elements so as to minimize the visual impact from a pedestrian viewpoint within any abutting public right of way, excluding alleys, even after any eligible facilities request. Once said alternative structure is approved and becomes an eligible support structure, any subsequent modifications must meet established design guidelines.
(b) Communication equipment or any new structure that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer or which is concealed within a building or structure so that it is architecturally indiscernible may be permitted subject to building permit procedures and standards. Architecturally indiscernible shall mean that the addition or feature containing the antenna is architecturally harmonious in such aspects including but not limited to material, height, bulk, scale and design with the building or structure to which it is to be a part.
(4) Additional provisions for towers.
(a) Setbacks. A tower shall be set back from all property lines on which the tower is located by the distance equal to the height of the lowest engineered break point on the proposed structure or the height of the tower (fall zone).
(b) Lights. No lights shall be permitted on a tower except such lighting that is required by state or federal law.
(c) Height. The maximum height of a tower shall be in compliance with airport zoning regulations (Crossville Municipal Code § 14-202). Guy wire anchors, if used, shall be set back a minimum of five feet from all property lines.
(d) Final site plans. Final site plans for a tower shall be accompanied by a certification from a qualified structural engineer that the tower has sufficient structural integrity and equipment space to accommodate multiple users shall be required at the time of applying for a building permit.
(e) As-builts. Stamped engineered drawings showing final construction details and location of the tower and associated buildings.
(5) Generators shall be placed in a building with sufficient barriers to eliminate any noise being heard from outside of the building.
(F) Telecommunication facilities inside the public rights-of-way.
(1) All facilities to be located inside public rights-of-way shall be required to obtain a permit as outlined in § 14-903. Permit applications will be reviewed and may be rejected should they be found to be in conflict with the City of Crossville's 10-Year Capital Plan, the City of Crossville and Planning Commission's Major Thoroughfare Plan, the Tennessee Department of Transportation's 10-Year Plan, existing setback requirements, utility easements, or create a safety hazard.
(2) New support structures or substantial changes to eligible support structures 150' and greater, shall be designed to accommodate a minimum of three PWSF providers. This number shall be inclusive of any emergency management communication systems.
(3) A permit for a COW is limited to 30 days, but when circumstances reasonably warrant, the permit may be renewed.
(4) Additional provisions for substantial changes to eligible support structures or placement of new telecommunications equipment on alternative structures.
(a) New telecommunications equipment placements on alternative structures, shall be designed with screening and other stealth elements so as to minimize the visual impact from a pedestrian viewpoint within any abutting public right-of-way, excluding alleys, even after any eligible facilities request. Once said alternative structure is approved and becomes an eligible support structure, any subsequent modifications must meet established design guidelines.
(b) Communication equipment or any new structure that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer or which is concealed within a building or structure so that it is architecturally indiscernible may be permitted subject to building permit procedures and standards. Architecturally indiscernible shall mean that the addition or feature containing the antenna is architecturally harmonious in such aspects including but not limited to material, height, bulk, scale and design with the building or structure to which it is to be a part.
(5) Additional provisions for towers.
(a) Setbacks. A tower shall be set back from all property lines on which the tower is located by the distance equal to the height of the lowest engineered break point on the proposed structure or the height of the tower (fall zone).
(b) Lights. No lights shall be permitted on a tower except such lighting that is required by state or federal law.
(c) Height. The maximum height of a tower shall be in compliance with airport zoning regulations (Crossville Municipal Code § 14-202). Guy wire anchors, if used, shall be set back a minimum of five feet from all property lines.
(d) Final site plans. Final site plans for a tower shall be accompanied by a certification from a qualified structural engineer that the tower has sufficient structural integrity and equipment space to accommodate multiple users shall be required at the time of applying for a building permit.
(e) As-builts. Stamped engineered drawings showing final construction details and location of the tower and associated buildings.
(6) Generators shall be placed in a building with sufficient barriers to eliminate any noise being heard from outside of the building.
(G) Recommendations and other actions from departments of the city government. Prior to the consideration of a variance for or issuance of a permit for a telecommunication facility, the following departments shall submit recommendations or approvals to the Codes Administrator that describe compliance with all applicable design guidelines or other regulations:
(1) Planning Commission.
(2) Department of Information Technology Services shall provide a recommendation on all permits, with regard to the issue of interference with city and county facilities.
(3) Street Department.
(4) Water/Sewer Utilities.
(5) City Clerk.
(H) The review shall be completed within 45 business days of the filing of the application, all required documentation, and applicable fees.
(Ord. 1555, passed 11-7-2017)