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(A) Application content. All applications for a permit required by this chapter must be made in writing on such form as the Zoning Administrator prescribes. The Zoning Administrator may waive the requirements for submittal of any information described herein only when determined that it is inapplicable based on project-specific factors, and documentation is provided to that effect. For permit applications other than eligible facilities requests (which are addressed in § 19.04.140), the form shall include the following information, in addition to all other information determined necessary by the Zoning Administrator or the town as part of an application for a conditional use permit, variance, and design review:
(1) Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.
(2) The type of facility, including a full written description of the proposed facility, its purpose, technical specifications, and an assessment of any fire hazard a proposed installation presents to surrounding vegetation and structures;
(3) A detailed site and engineering plan of the proposed facility containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by the Zoning Administrator. The site and engineering plan shall display the dimensions of each proposed facility, including its height from the ground level. Applicants must demonstrate that facilities have been designed to attain the minimum height required from a technological standpoint for the proposed site. The site and engineering plans shall show the proposed facility from each cardinal direction. The site and engineering plan shall also include technical information, including, but not limited to visual analysis, alternative sites analysis, landscape plans, lighting plans, and architectural and engineering plans. Technical information, including, but not limited to radio frequency reports, visual analysis, alternative sites analysis, landscape plans, lighting plans, and architectural and engineering plans shall be prepared by an appropriate qualified professional acceptable to the Zoning Administrator.
(4) The visual analysis shall include, but not necessarily be limited to, a photo montage or photo simulation and story poles erected at the proposed site (and surrounded by temporary construction fencing) or other similar technique. The visual analysis shall address visually distinctive areas and scenic corridors as depicted and described in the Fairfax General Plan, views from public vantage points and private residences if determined appropriate by the town. The visual analysis shall also depict cumulative conditions by including information pertaining to existing, approved and proposed telecommunications facilities that will or may eventually be constructed at the site by all carriers based upon permit applications which have been filed with or approved by the town. The visual analysis may be expanded to include alternative locations within the proposed service area.
(5) Photographs of facility equipment and an accurate visual impact analysis with photo simulations.
(6) Proof of all applicable licenses or other approvals required by the FCC.
(7) A technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility, operating by itself and in combination with other existing or approved facilities which can be measured at the proposed facility site, is in compliance with such FCC standards. Measurements for radio frequency emissions shall be based on all proposed, approved and existing facilities operating at maximum power densities at all relevant frequencies being used. Posting of a financial security may be required as a condition of approval to pay the cost for preparation of radio frequency reports evaluating the conformance of approved and operative facilities with applicable health standards adopted by the FCC. The carrier may post a single financial security in an amount not to exceed $25,000 and indexed to the annual construction index hereafter, to satisfy radio frequency performance reports for build-out of the carrier's network facilities plan.
(8) If the application is for a facility that will be located within the public right-of-way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the right-of-way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.
(9) A written description identifying the geographic service area for the subject installation, accompanied by a plan and maps showing anticipated future installations and modifications for the following two years.
(10) A written report that analyzes acoustic levels for the proposed wireless telecommunications facility and all associated equipment, including, without limitation, all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with Chapter 8.20 (Noise Control). The acoustic analysis must be prepared and certified by a qualified engineer and include an analysis of the manufacturer specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.
(11) If the applicant claims it requires an exception to the requirements of this chapter, all information and studies necessary for the town to evaluate that claim.
(12) An application and processing fee and a deposit for a consultant review as set forth in division (B) of this section.
(13) A copy of any land use easement or restriction (access, open space, public utility and the like) which encumbers the proposed facility site, as well as a copy of the proposed site's title report.
(14) A detailed lighting plan including the location and type of all exterior lighting fixtures.
(15) Public notification. Proof that the applicant has provided public notification, at its own cost, via mail to all property owners and occupants within a radius of 300 feet from its proposed facilities. Information regarding the application shall be displayed on the outside of the envelope.
(16) Any other studies or information determined necessary by the Zoning Administrator.
(B) Independent expert. The Zoning Administrator is authorized to retain on behalf of the town an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility. The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. Such fee resolution may include the contract price of a third party consultant and the town's overhead costs for staff time expended on administration of the consultant contract. The independent consultant shall have maximum latitude as to how and when monitoring is done. The consultant may review the technical aspects of the application, including, but not limited to, the following matters:
(1) The accuracy, adequacy, and completeness of submissions;
(2) Compliance with applicable radio frequency emission standards and applicable electrical codes and fire codes and best practices for fire and electrical safety;
(3) Whether any requested exception is justified;
(4) An engineering and seismic assessment of the proposed installation to ensure that the proposed location is structurally adequate to support the proposed installation, and that the installation will meet the seismic standards set forth for "Risk Category IV" for "essential facilities" as set forth in the California Building Code (CBC), and that it is adequately engineered to withstand the maximum wind loads that could be reasonably anticipated for the location. For installations on utility poles, the assessment would be based on conformance to CPUC standards;
(5) An assessment of any fire hazard a proposed installation presents to surrounding vegetation and structures;
(6) An assessment of any impact on trees or flora;
(7) A technical evaluation of alternative sites, facility designs or configurations, and coverage analysis; and
(8) The validity of conclusions reached or claims made by applicant.
(C) Procedures for duly filed applications.
(1) Voluntary pre-submittal conference. Before application submittal, applicants are encouraged (but not required) to schedule and attend a pre-application meeting with the Zoning Administrator. A pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification, including whether the project qualifies for § 6409(a); potential concealment issues (if applicable); coordination with other town departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that town staff may provide informal feedback about whether such applications or other materials may be incomplete or unacceptable.
(2) Submittal appointment. All applications must be filed with the town at a pre-scheduled appointment with the Zoning Administrator or his or her designee. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible. Any application received without an appointment, whether delivered in-person or through any other means, will not be considered duly filed, unless the applicant received a written exemption from the Zoning Administrator at a pre-submittal conference.
(3) Appointment scheduling procedures. For any event in the submittal process that requires an appointment, applicants must submit a written request to the Zoning Administrator.
(D) Applications deemed denied. To promote efficient review and timely decisions, the town may deem an application denied without prejudice to the applicant to re-file as a new application when the applicant fails to tender a substantive response to the town within 90 calendar days after the town deems the application incomplete in a written notice to the applicant.
(Ord. 833, passed 8-7-2019)