(a) A Tower shall be permitted use of land in zoning district I-Industrial. No person shall build, erect, or construct a Tower upon any parcel of land within a zoning district designated I- Industrial unless a permit shall have been issued by the City. Applications shall be made to the Code Enforcement Officer in the manner provided in this article.
(1) Towers in the I-Industrial district are exempt from the maximum height restrictions of that district. Towers shall be permitted to a height of one hundred (100) feet. Towers in excess of one hundred (100) feet are classified as a conditional use and must be approved by Common Council a conditional use.
(2) Towers are not a permitted use in any other zoning district within the City.
(b) An Application to develop a Tower or Telecommunication Facility shall include:
(1) The name, address, and telephone number of the Owner and lessee of the parcel of land upon which the Tower is situated. If the Applicant is not the Owner of the parcel of land upon which the Tower is situated, the written consent of the Owner shall be evidenced in the Application.
(2) The legal description, map/parcel number, and address of the parcel of land upon which the Tower is situated;
(3) The names, addresses, and telephone numbers of all Owners of either Tower or usable Antenna Support Structures within a one-half (½) mile radius of the proposed new Tower site, including City-owned property;
(4) A description of the design plan proposed by the Applicant in the City. Applicant must identify its utilization of the most recent technological design including microcell design as part of the design plan. The Applicant must demonstrate the need for Towers and why design alternatives, such as the use of microcell design, cannot be utilized to accomplish the provision of the Applicant's telecommunications services;
(5) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the Applicant's Telecommunications Facilities on City-owned Towers or usable Antenna Support Structures located within a one-half (½) mile radius of the proposed Tower site;
(6) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful, efforts to install or co-locate the Applicant's Telecommunications Facilities on Towers or usable Antenna Support Structures owned by other Persons located within a one-half (½) mile radius of the proposed Tower site;
(7) Written technical evidence from a duly qualified broadcast/telecast, RF, or electronics Engineer that the proposed Tower or Telecommunications Facilities cannot be installed or co-located on another Person's Tower or Usable Antenna Support Structures owned by other persons located within one-half (½) mile radius of the proposed Tower site;
(8) A written statement from a duly qualified broadcast/telecast, RF, or electronics Engineer that the construction and placement of the Tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties;
(9) Written, technical evidence from an Engineer that the proposed structure meets the standards set forth in this article;
(10) Written, technical evidence from a West Virginia Registered Professional Engineer certifying compliance with the State Fire Code and Building Code of the City of Princeton that the proposed site of the Tower or Telecommunications Facilities does not pose a risk of explosion, fire, or other dangers to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as L.P. gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals;
(11) In order to assist City staff in evaluating visual impact, the Applicant shall submit color photo simulations showing the proposed site of the Tower with a photo realistic representation of the proposed Tower as it would appear viewed from the closest residential property and from adjacent roadways.
(12) Elevation drawings of the proposed facility, and any other proposed structures, showing height above ground level. A landscaping plan indicating the proposed placement of the facility on the site; location of existing structures, trees, and other significant site features; the type and location of plants proposed to screen the facility; the method of fencing, the color of the structure, and the proposed lighting method.
(13) A narrative discussing the extent to which the proposed Telecommunication Facility and Tower would be visible from, or within, a designated scenic resource; the tree line elevation of vegetation within one hundred feet (100') of the facility; and the distance to the proposed facility from the designated scenic resources noted viewpoints. A written description of how the proposed facility fits into the Applicant's telecommunications network. This submission requirement does not require disclosure of confidential business information.
(14) Identification of districts, sites, buildings, structures, or objects, significant in American history, architecture, archaeology, engineering, or culture that are listed, or eligible for listing, in the National Register of Historic Places (see 16 U.S.C. 470w(5); 36 CFR 60 and 800).
(15) A signed statement stating that the Owner of the wireless Telecommunications Tower and his or her successors and assigns agree to:
A. Respond in a timely, comprehensive manner to a request for information from a potential co-location Applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response;
B. Negotiate, in good faith, for shared use of the wireless Telecommunications Tower by third parties;
C. Allowed shared use of the wireless Telecommunications Tower if an Applicant agrees, in writing, to pay reasonable charges for co- location; and
D. Require no more than a reasonable charge for shared use, based on community rates and generally accepted accounting principles. This charge may include, but is not limited to, a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction, financing, return on equity, depreciation, and all of return on equity, depreciation, and all of the costs of adapting the Tower or equipment to accommodate a shared user without causing electromagnetic interference. The amortization of the above costs by the facility Owner shall be accomplished at a reasonable rate over the useful life span of the Tower.
(16) A form of surety approved by the City to pay for the costs of removing the Tower if it is abandoned.
(17) The Act gives the FCC sole jurisdiction of the field of regulation of First Request for Production emissions and does not allow the City to condition or deny on the basis of RF impacts the approval of any Telecommunications Facilities (whether mounted on Towers or Antenna Support Structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available, upon request, copies of ongoing FCC information and First Request for Production emission standards for Telecommunications Facilities transmitting from Towers or Antenna Support Structures. Applicants shall be required to submit information on the proposed power density of the proposed Telecommunications Facilities and demonstrate how this meets FCC standards.
(18) A copy of the Applicant's FCC license, or, if the Applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one (1) Telecommunication Facility on the Applicant's Tower.
(19) A letter from the Owner of the property attesting that the property used as a Telecommunication Facility will be maintained, and the site and structures will be in good condition and free from trash, outdoor storage, weeds, and other debris.
(20) The application shall be accompanied with an non-refundable application fee in the amount of one thousand five hundred dollars ($1,500).
(21) The application shall be accompanied by payment of eight thousand five hundred dollars ($8,500) to the City of Princeton to be deposited in an escrow account by the Recorder-Treasurer for consulting costs in evaluating the application. Such consultants as the City may contract with, or employ, to evaluate an application will submit itemized invoices for specified services rendered and time spent, which will be paid from the escrow amount upon approval of the Chief, Code Enforcement Department, and the Recorder- Treasurer. Upon issuance of a permit, all monies remaining in the escrow account shall be returned to the applicant. In the event approved costs leave the escrow account with a balance of $2,500 or less, the applicant shall be so notified and required to remit to that escrow account, upon written request of the Recorder-Treasurer within seven (7) days, not less than $3,000 or more than $6,000 to complete the review process.
(c) Upon receipt of an Application, application fee, and any evaluation fee to be set by the Code Enforcement Department, the Code Enforcement Department shall provide the Applicant with a dated receipt. Within thirty (30) working days of the receipt, the Code Enforcement Department shall review the Application and determine if the Application meets the submission requirements. If complete, the Department will notify the Applicant. The Department may deny an Application on the basis that the Applicant has not satisfactorily supplied the information required in this Subsection. Complete Applications shall be reviewed by the City in a prompt manner and all decisions shall be supported, in writing, setting forth the reasons for approval or denial.
(Passed 1-13-03.)