1399.14  CRITERIA FOR WIRELESS TELECOMMUNICATIONS PERMIT.
   In order for a permit to be issued to construct a new wireless telecommunications tower or facility or to place a wireless tower or antenna on any existing structure the applicant must present to the Planning and Zoning Commission a report prepared by a licensed professional engineer demonstrating compliance with all of the following requirements to be considered for review:
   (a)   The applicant shall present documentation that the proposed telecommunications structure or facility complies with all requirements established in Section 1399.03;
   (b)   The applicant shall demonstrate that the proposed telecommunications structure or facility complies with all State and Federal laws and regulations concerning aviation safety;
   (c)   In determining an appropriate location for any proposed tower, the Planning and Zoning Commission shall require a geographic survey or report addressing safety issues and concerns with respect to ingress and egress of air-medical providers on or near the proposed site of any new tower or the site of any existing tower proposed to be heightened;
   (d)   The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to service the applicant's service area. If the facility includes a tower there shall be an explanation of why other nearby structures, if any, cannot be used to support the antenna;
   (e)   Where the telecommunications facility is located on a property with another principal use, the applicant must present documentation that the owner of the property has granted an easement for the proposed facility and that the access described in Section 1399.03(s) and (t) is provided to the facility;
   (f)   The name, address and phone number of the person preparing the report;
   (g)   The name, address and phone number of the property owner, operator and applicant;
   (h)   Postal address and parcel number of the property;
   (i)   Size of the property stated in both square feet and lot line dimensions, and a diagram showing the location of all lot lines;
   (j)   Location, size and height of all structures on the property that is the subject of the application;
   (k)   Location, size, and height of all proposed and existing antennas and all associated structures;
   (l)   The make, model and manufacturer of the tower and antennas;
   (m)   A description of the proposed tower and antennas and all related fixtures, structures, and apparatus, including height above pre-existing grade, materials, color and lighting;
   (n)   The frequency, modulation and class of service of radio or other transmitting equipment;
   (o)   Transmission and maximum effective radiated power of the antenna(s);
   (p)   Direction of maximum lobes and associated radiation of the antenna(s);
   (q)   Certification that the non-ionizing electromagnetic radiation (NIER) levels at the proposed site are within the threshold levels adopted by the FCC;
   (r)   Certification that the proposed antenna(s) will not cause interference with existing telecommunications devices. This certification will be subject to review by a licensed engineer designated by the Zoning Commissioner;
   (s)   A copy of the FCC license applicable for the use of the wireless telecommunications facilities;
   (t)   Certification that a topographic and geomorphologic study and analysis has been conducted, and that 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 facility on the proposed site. This certification will be subject to review by a licensed engineer designated by the Zoning Commissioner;
   (u)   Propagation studies of the proposed site and all adjoining proposed, in-service or existing sites;
   (v)   Applicant shall disclose in writing any agreement in existence prior to the submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs;
   (w)   The applicant shall furnish written certification that the telecommunications facility, foundation and attachments are designed and will be constructed to meet all local, County, State and Federal structural requirements for loads, including wind and ice loads; and
   (x)   The applicant must provide a written analysis, completed by a qualified individual or organization, to determine if the telecommunications tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation part 77. 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. 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 must be provided in a timely manner.
(Ord. 119-2004.  Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)