(a) Applicants for construction of new facilities or expansion of existing facilities are to appear before the Planning and Zoning Commission for a preview of the proposed wireless communication antenna and/or tower site(s). This preview shall be conducted at a regularly scheduled meeting of the Planning and Zoning Commission after the applicant's submission of a site plan showing the location, type of structure and height being proposed and surrounding land uses. The applicant shall provide:
(1) A diagram or map showing the appearance of the proposed facility;
(2) A site/landscaping plan showing the specific placement of the facility on the site; showing the location of existing structures, trees and other significant site features; and indicating type, locations and size of plant materials used to screen facility components and the proposed color(s) for the facility;
(3) A signed statement indicating that:
A. The applicant agrees to allow for the potential co-location of the equipment for two additional wireless communication facilities by other providers on the applicant's structure or within the same site location and will respond to written requests for co-location within 30 days and provide a copy to the city; and
B. The applicant agrees to remove the facility within six months after the site's use is discontinued.
(4) A lease agreement with the landholder that allows the landholder to enter into leases with other providers; and provides that if the provider fails to remove the facility within six months after its discontinued use, a bond will be provided by the applicant to compensate the landholder for the cost of removal of the facility;
(5) The applicable fees on deposit as required and certification from a registered engineer that the proposal is in compliance with all federal, state and local regulations;
(6) A list of competitors and their addresses so that the city may notify the competitors of the application to encourage co-location; and
(7) In addition, an applicant for construction of a new facility shall provide evidence acceptable to the city that there is no technically suitable space for the applicant's facilities reasonably available on an existing tower within the geographic area to be served. If another existing tower is technically suitable, the applicant must demonstrate that it has made written request to co-locate on the existing tower and that the request was rejected by the owner of the tower.
(b) Approval for construction of new telecommunication facilities or expansion of existing facilities by the Planning and Zoning Commission shall become effective only following review and a public hearing by City Council. A copy of the approval of the Commission shall be filed with the Clerk of Council by the Clerk of the Commission. If, within the 30-day period next succeeding such filing, Council, by a majority vote, disapproves the Commission's action in granting the permit, the permit shall be void and shall not be issued. Otherwise, it, together with any additional conditions imposed by Council, becomes and is in full force and effect on the day next succeeding the 30-day period. However, should Council approve the action of the Commission within the 30-day period, the permit becomes in full force and effect from the date of the approval. Any decision to deny a permit to place, construct or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of Council. A time limit of one year shall be included in the permit for commencement of construction.
(c) Fees for the construction of new facilities or substantial expansion of existing facilities shall be as follows:
(1) New wireless communication tower and facility and expansion of existing facilities: the fee as stated in § 236.07 of the City of Kirtland Codified Ordinances; and
(2) New wireless communication antenna: the fee as stated in § 236.07 of the City of Kirtland Codified Ordinances.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 17-O-20, passed 7-3-2017; Am. Ord. 17-O-57, passed 12-18-2017)