A. Priority Of Location: The following establishes the order of priorities for locating new communications facilities:
1. Place antennas and towers in districts zoned industrial.
2. Place antennas and towers in districts zoned commercial which do not adjoin or adversely impact residential neighborhoods.
3. Place antennas on appropriate existing structures, such as buildings, communications towers, water towers, and smokestacks in other zoned districts.
4. Place antennas and towers on other private nonresidential property.
5. Place antennas and towers in residential districts only if locations for which a need has been demonstrated are not available on existing structures or in nonresidential districts.
6. Place antennas and towers on public property.
An applicant for a new antenna support structure to be located in a residential zoning district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government structure, a private institutional structure, or other appropriate existing structures within a nonresidential zoning district, and that due to valid considerations including physical constraints, and economic or technological feasibility, no appropriate location is available. The telecommunications company is required to demonstrate that it contacted the owners of tall structures within a one mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the applicant's network, and an evaluation of existing buildings taller than twenty feet (20'), communications towers and water tanks within one mile of the proposed tower.
B. Priority Of Users: Priority for the use of city owned land for antennas and towers will be given to the following entities in descending order:
1. City of Payette;
2. Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the city and private entities with a public safety agreement with the city;
3. Other governmental agencies, for uses which are not related to public safety; and
4. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
C. Minimum Requirements: The placement of antennas or towers on city owned property must comply with the following requirements:
1. The antennas or tower will not interfere with the purpose for which the city owned property is intended;
2. The antennas or tower will have no adverse impact on surrounding private property;
3. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the council after considering comparable rates in other cities, potential expenses, risks to the city, and other appropriate factors;
4. The applicant will submit a letter of credit, performance bond, or other security acceptable to the city to cover the costs of antenna or tower's removal;
5. The antennas or tower will not interfere with other users who have a higher priority as discussed in subsection B of this section;
6. Upon reasonable notice, the antennas or tower may be required to be removed at the user's expense;
7. The applicant must reimburse the city for any costs which it incurs because of the presence of the applicant's antennas or tower;
8. The user must obtain all necessary land use approvals; and
9. The applicant will cooperate with the city's objective to promote collocations and thus limit the number of separate antenna sites requested.
D. Special Requirements: The use of certain city owned property, such as water tower sites, for antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of antennas or towers on these special city owned sites will be allowed only when the following additional requirements are met:
1. Water Tower Or Reservoir Sites: The city's water towers and reservoirs represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the quality of the city's water supply is of prime importance to the city. As access to the city's water storage systems increases, so too increases the potential for contamination of the public water supply. For these reasons, the placement of antennas or towers on water tower or reservoir sites will be allowed only when the city is fully satisfied that the following requirements are met:
a. The applicant's access to the facility will not increase the risks of contamination to the city's water supply;
b. There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility;
c. The presence of the facility will not increase the water tower or reservoir maintenance cost to the city;
d. The presence of the facility will not be harmful to the health of workers maintaining the water tower or reservoir; and
e. Facility meets requirements of the source water protection ordinance.
E. Application Process: All applicants who wish to locate an antenna or tower on city owned property must submit to the city a completed application and detailed plan that complies with the submittal requirements of this chapter, this title, and other provisions of this code, along with other pertinent information requested by the city.
F. Termination: The council may cancel any lease if it determines that any one of the following conditions exists:
1. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use;
2. A user's frequency broadcast unreasonably interferes with other users of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or
3. A user violates any of the standards in this chapter or the conditions attached to the city's lease or other authorization.
Before acting, the city will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the council regarding the proposed action. This procedure need not be followed in emergencies.
G. Reservation Of Right: Notwithstanding the above, the council reserves the right to deny, for any reason, the use of any or all city owned property by any one or all applicants. (Ord. 1423, 2017)