(A) Application submission. All tower antenna use applications, regardless of wireless communications facility type shall include all of the requirements contained in this section.
(1) Application contents. Each applicant requesting a TAA under this chapter shall submit a sealed complete set of drawings prepared by a licensed architect or engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing, and, if relevant as determined by staff; topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.
(2) Submission requirements.
(a) Application for a TAA shall be submitted to the town on forms prescribed by the town. The application shall be accompanied by a site plan containing the information described above and a copy of the appropriate FCC license.
(b) If Town Council review is required, the application and site plan shall be placed on the next available Town Council agenda in accordance with the agenda deadlines established by the town.
(3) Application fees. A plan review fee of $500 and a radio frequency intermodulation study review fee of $500 (collocation applicants only) shall accompany each application. These fees may be used by the town to engage an engineer(s) or other qualified consultant(s) to review the technical aspects of the application and radio frequency intermodulation study (if required).
(4) Additional technical assistance.
(a) In the course of its consideration of an application, the town, may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless communication facilities to assist the town in the technical aspects of the application.
(b) In those cases, any additional reasonable costs incurred by the town not to exceed $1,500 for the technical review and recommendation shall be reimbursed by the applicant prior to the final town hearing on the TAA.
(B) Administrative review. The following administrative review process shall apply to all wireless communications facility applicants eligible for administrative review.
(1) Review authority. Review of the town and antenna use application (TAA) under this section shall be conducted by the Zoning Administrator or the designee upon filing a TAA.
(2) Review criteria. Each application shall be reviewed for compliance with the development criteria specified in § 154.114.
(3) Timing of decision. The Zoning Administrator or designee shall render a decision on the wireless communications facility application by written response to the applicant within 20 business days after receipt of the complete application, except than an extension may be agreed upon by the applicant.
(4) Deferral. The Zoning Administrator may defer administrative approval of wireless communication facilities for any reason. Deferral of administrative approval shall require submission to the Town Council for review.
(5) Application denial. If a TAA is denied by the Zoning Administrator due to noncompliance with the development criteria, the applicant may appeal the denial to the Board of Adjustment as provided for in § 154.047(K) above.
(6) Application approval. If the TAA application together with all required addenda are in compliance with the development criteria and otherwise meets the requirements of this section, the Zoning Administrator shall approve the tower antenna use application and authorize issuance of the proper permits.
(C) Town Council review. The following shall apply to all tower and antenna use applications requiring submission of the Town Council:
(1) The Town Council shall be the review authority for TAA applications not eligible for administrative review or otherwise referred to the Council;
(a) Development criteria. The complete tower antenna use application shall be reviewed for compliance with the development criteria set forth in § 154.114 above; provided that the applicable development criteria may be amended or waved so long as the approval of the wireless communications facility meets the goals and purposes of this chapter. The Town Council may recommend an alternative form the development criteria by specific inclusion in a motion for approval.
(b) Tower siting conditions. The Town Council may impose conditions and restriction on the application or on the premises benefited by the TAA as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the wireless communications facility with the surrounding property, in accordance with the purposes and intent of this chapter, provided the alternative development criteria, conditions or restrictions are reasonable and capable of being accomplished. The violation of any condition shall be grounds for renovation of the TAA as set forth in §§ 154.190 through 154.239 of this chapter.
(4) The Town Council shall render its decision within 60 days or less from the date of the public hearing; however, this time may be increased due to deferrals by either the applicant or the town.
(1981 Code, § 507A) (Ord. passed 6-28-2004)