(A)
All applicants for a special use permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section. The Board of Adjustment is the officially designated agency or body of the town to whom applications for a special use permit for wireless telecommunications facilities must be made, and that 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. The town may at its discretion delegate or designate other official agencies of the town to accept, review, analyze, evaluate and make recommendations to the Board of Adjustment with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for wireless telecommunications facilities.
(B) Application for a wireless telecommunication facility may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for a wireless telecommunication facility as is authorized by the easement. Approval of a wireless telecommunication facility runs with the land. An application for a special use permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the town, 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 rejected by the town. The Zoning Administrator shall have the same discretion to determine whether special use applications are incomplete under this section as in the zoning ordinance. The Zoning Administrator's determination that an application is incomplete may be appealed to the Zoning Board of Adjustment, in the same manner as applied in § 153.98.
(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 permit, without exception, unless specifically granted relief by the town in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable town, state and federal laws, rules and regulations; and
(2) That the construction of the wireless telecommunications facilities are 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 town, and the special use 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, and to include 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) Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;
(6) The location of the nearest residential structure;
(7) The location, size and height of all structures on the property which is the subject of the application;
(8) The location, size and height of all proposed and existing antennae and all appurtenant structures;
(9) The type, locations and dimensions of all proposed and existing landscaping, and fencing;
(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) The frequency, modulation and class of service of radio or other transmitting equipment;
(14) The actual intended transmission and the maximum effective radiated power of the antenna(s);
(15) Direction of maximum lobes and associated radiation of the antenna(s);
(16) Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC;
(17) Certification that the proposed antenna(s) will not cause interference with other telecommunications devices;
(18) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;
(19) 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 facilities on the proposed site.
(20) In the case of an eligible facilities request, a statement that the applicant considers the request to be eligible as defined herein, with specific references to the plans and specifications that tend to support the statement.
(G) In the case of a new tower, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the town. Copies of written requests and responses for shared use shall be provided to the town in the application, along with any letters of rejection stating the reason for rejection.
(H) The applicant shall certify that the telecommunication 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.
(I) The applicant shall certify that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.
(J) An applicant may be required to submit an environmental assessment analysis and a visual addendum. Based on the results of the analysis, including the visual addendum, the town may require submission of a more detailed visual analysis. The scope of the required environmental and visual assessment will be reviewed at the pre-application meeting.
(K) 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 town 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. Guidance will be provided concerning the appropriate key sites at a pre-application meeting; and
(3) An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.
(L) 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.
(M) Any and all representations made by the applicant to the town 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 town.
(N) All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
(O) All wireless telecommunications facilities shall contain a demonstration that the facility be sited so as to be the least visually intrusive reasonably possible and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the wireless telecommunications facility.
(P) 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 it may be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of stealth or concealment technology as may required by the town.
(Q) At a telecommunications site, an access road, turn-around space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
(R) A person who holds a special use permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current applicable technical, safety and safety-related codes adopted by the town, county, state, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.
(S) A holder of a special use 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 town or other governmental entity or agency having jurisdiction over the applicant.
(T) An applicant shall submit to the town the number of completed applications determined to be needed at the pre-application meeting. Written notification of the application shall be provided to the legislative body of all adjacent municipalities and to the Town Administrator.
(U) 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. The tower shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. 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:
(1) The foreseeable number of FCC licenses available for the area;
(2) The kind of wireless telecommunications facilities site and structure proposed;
(3) The number of existing and potential licenses without wireless telecommunications facilities spaces/sites; and
(4) Available space on existing and approved towers.
(V) (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;
(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 electromagnetic interference.
(2) Failure to abide by the conditions outlined above may be grounds for revocation of the special use permit for the tower.
(W) There shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre-application meeting shall also include a site visit if there has not been a prior site visit for the requested site.
(X) The holder of a special use permit shall notify the town of any intended modification of a wireless telecommunication facility and shall apply to the town to modify, relocate or rebuild a wireless telecommunications facility.
(Y) In order to better inform the public, in the case of a new telecommunication tower, the applicant shall, prior to the public hearing on the application, hold a "balloon test." The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three-foot in diameter brightly colored balloon at the maximum height of the proposed new tower. 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 town. The applicant shall inform the town, in writing, of the dates and times of the test, at least 14 days in advance. 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. 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.
(Z) 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 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 shall be provided in a timely manner.
(Ord. passed 7-9-2019; Am. Ord. passed 5-3-2021)