(A) All applicants for a special use or zoning compliance permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section.
(1) The Board of Adjustment.
(a) The Board of Adjustment is the officially designated county agency or body to whom applications for a special use permit for wireless telecommunications facilities must be made.
(b) The Board is authorized to review, analyze, evaluate, and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for wireless telecommunications facilities.
(2) Other official county agencies. The county may, at its discretion, delegate or designate other official county agencies to accept, review, analyze, evaluate, and make recommendations to the county with respect to the granting or not granting, recertifying or not recertifying, or revoking of special use or zoning compliance permits for wireless telecommunications facilities.
(B) An application for a special use or zoning compliance permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same, with knowledge of the contents and representations made therein, and attesting to the truth and completeness of the information.
(1) The landowner, if different from the applicant, shall also sign the application.
(2) At the discretion of the county, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
(C) Applications not meeting the requirements stated herein, or which are otherwise incomplete, may be returned by the county with deficiencies noted.
(D) The applicant shall include a statement in writing:
(1) That the applicant’s proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the special use or zoning compliance permit, without exception, unless specifically granted relief by the county in writing, as well as all applicable and permissible local codes, ordinances and regulations, including any and all applicable county, state, and federal laws, rules, and regulations; and
(2) That the construction of the wireless telecommunications facilities is legally permissible, including but not limited to the fact that the applicant is authorized to do business in the state.
(E) No wireless telecommunications facilities shall be installed or constructed until the application is reviewed and approved by the county, and the special use or zoning compliance permit has been issued.
(F) All applications for the construction or installation of new wireless telecommunications facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the applicant. Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in the state. The application shall include the following information:
(1) The name, address, and phone number of the person preparing the report;
(2) The name, address, and phone number of the property owner, operator, and applicant, including the legal form of the applicant;
(3) The postal address and tax map parcel number of the property;
(4) The zoning district or designation in which the property is situated;
(5) The size of the property stated, both in square feet and lot line dimensions, and a diagram showing the location of all lot lines (this requirement is waived if co-locating on an existing tower, originally designed and constructed to support antennas);
(6) The location of the nearest residential structure (this requirement is waived if co-locating on an existing tower, originally designed and constructed to support antennas);
(7) The location, size, and height of all structures on the property that is the subject of the application (this requirement is waived if co-locating on an existing tower, originally designed and constructed to support antennas);
(8) The location, size, and height of all proposed and existing antennas and all appurtenant structures;
(9) The types, locations, and dimensions of all proposed and existing landscaping, and fencing (if co-locating on an existing tower, and there is insufficient area to install required screening due to a change in landscaping required by this chapter, waiver shall be granted upon documentation of such);
(10) The number, type, and design of the tower(s) and antenna(s) proposed, and the basis for the calculations of the tower’s capacity to accommodate multiple users;
(11) The make, model, and manufacturer of the tower and antenna(s);
(12) A description of the proposed tower and antenna(s), and all related fixtures, structures, appurtenances, and apparatus, including height above pre-existing grade, materials, color, and lighting;
(13) Certification that the proposed antenna(s) will not cause interference with other telecommunications devices;
(14) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities; and
(15) Certification that a topographic and geomorphologic study and analysis has been conducted, and taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site. (If co-locating on an existing tower originally designed and constructed to support antennas, such information is on record in the Planning Department and sufficient to verify the foundation stability of the existing tower, then this requirement shall be waived.)
(G) In the case of a new tower, the applicant shall be required to submit a written report demonstrating his, her, or its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the county.
(1) Copies of written requests and responses for shared use shall be provided to the county in the application, along with any letters of rejection stating the reason for such rejection.
(2) If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennas, this requirement shall be waived.
(H) An applicant may be required to submit an environmental assessment analysis and a visual addendum.
(1) Based on the results of the analysis, including the visual addendum, the Board of Adjustment may require submission of a more detailed visual analysis.
(2) The scope of the required environmental and visual assessment will be reviewed at the pre-application meeting.
(3) If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennas, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived.
(I) The applicant shall furnish a visual impact assessment, which shall include:
(1) A “Zone of Visibility Map,” which shall be provided in order to determine locations from which the tower may be seen;
(2) Pictorial representations of “before and after” views from key viewpoints both inside and outside of the county as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers, or residents. At a pre-application meeting, guidance will be provided concerning the appropriate key sites;
(3) An assessment of the visual impact of the tower base, wires, cabling, and accessory buildings, from abutting and adjacent properties and streets, as relates to the need or appropriateness of screening; and
(4) If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennas, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived.
(J) The applicant shall demonstrate, and provide in writing and/or by drawing, how it shall effectively screen from view the base and all related facilities and structures of the proposed wireless telecommunications facilities. (If co-locating on an existing tower, and there is insufficient area to install required screening due to a change in landscaping required by this chapter, waiver shall be granted upon documentation of such.)
(K) Any and all representations made by the applicant to the county on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Board of Adjustment.
(L) All utilities at a wireless telecommunications facilities site shall be installed underground.
(M) All wireless telecommunications facilities shall contain a demonstration that the facility is sited so as to be the least visually and physically intrusive means that is not commercially or technologically impracticable, and thereby have the least adverse visual effect on the environment of the neighborhood and the county and its character, on existing vegetation, and on the residences in the general area of the wireless telecommunications facility. (If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennas, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived.)
(N) Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors, and textures designed to blend with the structure to which they may be affixed and/or to harmonize with the natural surroundings.
(1) This shall include the utilization of stealth or concealment technology as may required by the county.
(2) If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennas, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived.
(O) At a telecommunications site, an access road, turnaround space, and parking shall be provided to assure adequate emergency and service access.
(1) Maximum use of existing roads, whether public or private, shall be made to the extent practicable.
(2) Road construction shall at all times minimize ground disturbance and the cutting of vegetation.
(3) Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
(4) If co-locating on an existing tower, and there is insufficient area to install required emergency access due to the size or location of the existing site, waiver shall be granted upon documentation of such.
(P) A holder of a special use or zoning compliance permit granted under this chapter shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation, or code, and must maintain the same in full force and effect, for as long as required by the county or other governmental entity or agency having jurisdiction over the applicant.
(Q) With respect to this application process, the Board of Adjustment may conduct an environmental review of the proposed project in conjunction with its review of the application under this chapter.
(R) (1) An applicant shall submit to the county the number of completed applications determined to be needed at the pre-application meeting.
(2) Written notification of the application shall be provided to the legislative body of all adjacent municipalities.
(S) The applicant shall examine the feasibility of designing a proposed tower to accommodate future demand for at least five additional commercial applications, for example, future co-locations.
(1) The tower shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant, and located as close as possible to the applicant’s antenna without causing interference.
(2) This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible, is commercially impracticable, or creates an unnecessary and unreasonable burden, based upon:
(a) The foreseeable number of FCC licenses available for the area;
(b) The kind of wireless telecommunications facilities, site, and structure proposed;
(c) The number of existing and potential licenses without wireless telecommunications facilities spaces/sites in the county; and
(d) Available space on existing and approved towers.
(3) If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennas, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived.
(T) (1) The owner of the proposed new tower, and his or her successors in interest, shall negotiate in good faith for the shared use of the proposed tower by other wireless service providers in the future, and shall:
(a) Respond within 60 days to a request for information from a potential shared-use applicant;
(b) Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers; and
(c) Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include but are not limited to a pro-rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity less depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electro- magnetic interference.
(2) Failure to abide by the conditions outlined above may be grounds for revocation of the special use or zoning compliance permit for the tower.
(U) There shall be a pre-application meeting.
(1) A pre-application meeting may be conducted by telephone, teleconference, video, or other alternate means when a site visit has been conducted previously at the location.
(2) The purpose of the pre-application meeting will be to identify and address issues that could otherwise result in a more prolonged review process than necessary and which will help to expedite the review and permitting process.
(3) A pre-application meeting shall also include a site visit if there has not been a prior site visit for the requested site or if deemed necessary by the county.
(V) The holder of, or the applicant for, a special use or zoning compliance permit shall notify the county of any intended modification of a wireless telecommunication facility, and shall apply to the county to modify, relocate or rebuild a wireless telecommunications facility.
(W) In order to better inform the public, in the case of a new tower, the applicant shall, prior to the public hearing on the application, hold a “balloon test.”
(1) If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennas, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived.
(2) The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of one brightly colored balloon, three feet in diameter, at the maximum height of the proposed new tower.
(3) The dates (including a second date, in case of poor visibility on the initial date), times, and location of this balloon test shall be advertised by the applicant, seven and 14 days in advance of the first test date, in a newspaper with a general circulation in the county.
(4) The applicant shall submit an affidavit certifying the publication dates and the content of the advertisement.
(5) The applicant shall inform the Planning Department, in writing, of the dates and times of the test, at least 14 days in advance.
(6) The balloon shall be flown for at least four consecutive hours sometime between 7:00 a.m. and 4:00 p.m. on the dates chosen.
(7) The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday.
(X) The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration regulations, 14 C.F.R. 77.
(1) This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building.
(2) If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA, and any related correspondence shall be provided in a timely manner.
(3) If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennas, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived.
(Y) Applications shall be submitted in a three- ring binder.
(1) The application shall contain a table of contents, which shall list each section and subsection and the issue required to be addressed.
(2) Requests for waiver shall be clearly set forth and indicated in the table of contents, with an explanation for the request for waiver contained in the appropriate section of the application.
(3) Each issue or matter addressed in the chapter that requires a response, including requests for waiver, shall be set forth in a separate section (i.e., tab) in the application.
(1996 Code, § 156.11) (Ord. passed 10-7-2002; Ord. passed 12-3-2007) Penalty, see § 156.999