(a) Applicants shall apply to the Commission for a pre-review of proposed personal wireless service facility sites which pre-review may be conducted by the Commission upon the applicant's submittal of a site plan with general location, type of structure and height being reviewed and surrounding uses.
(b) An application to develop a personal wireless service facility shall include:
(1) The name, address, and telephone number of the owner and lessee of the parcel of land upon which the personal wireless service facility is situated. If the applicant is not the owner of the parcel of land upon which the personal wireless service facilities is situated, the written consent of the owner shall be evidenced in the application.
(2) The legal description, permanent parcel number, and address of the parcel of land upon which the personal wireless service facility is to be situated.
(3) The names, addresses, and telephone numbers of all owners of other personal wireless service facilities within one-half mile radius of the proposed new personal wireless service facilities site, including Village owned property.
(4) A description of the design plan proposed by the applicant in the Village. 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 personal wireless service facilities and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's personal wireless services.
(5) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's personal wireless service facilities on Village-owned mounts or antenna support structure located within a one-half mile radius of the proposed personal wireless service facility site.
(6) An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's personal wireless service facilities or usable antenna support structures owned by other persons located within a one-half mile radius of the proposed personal wireless service facility site.
(7) Written technical evidence from an engineer that the proposed personal wireless service facilities cannot be installed or collocated on another person's personal wireless service facilities or usable antenna support structures owned by other persons located within one-half mile radius of the proposed personal wireless service facility.
(8) A written statement from an engineer that the construction and placement of the personal wireless service facility 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 Section 1315.05.
(10) Written, technical evidence from a qualified engineer acceptable to the Bureau of Fire Inspection serving the Village and the Building Inspector that the proposed site of the personal wireless service facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals; also that the area of the "fall zone" beneath the personal wireless service facilities will not be a hazardous area should objects or ice fall from such personal wireless service facilities.
(11) In order to assist Village staff and the Planning and Zoning Commission in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the personal wireless service facility with a photo-realistic representation of the proposed personal wireless service facility as it would appear viewed from the closest residential property and from adjacent roadways.
(12) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the Village to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on personal wireless service facilities or antenna support structures) which meet FCC standards. Applicants shall be required to submit information on the proposed power density of their proposed personal wireless service and demonstrate how this meets FCC standards.
(13) Any information that the Commission considers inadequate or that the applicant has failed to supply. The Commission may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the Village in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial.
(c) Submittals Specifying Area to be Served. Applicant shall submit, on a map showing Lake County and eastern portions of Cuyahoga County, if necessary, the area to be served by the personal wireless service facility.
(d) Submittals Specifying Location.
(1) Identify the subject property by including the name of the nearest road or roads, and street address, if any.
(2) Zoning district designation for the subject parcel and for all parcels within 1,000 feet of the property lines of the subject parcel.
(3) A line map to scale showing the subject property and all properties within 1,000 feet and the location of all buildings, including accessory structures, on all properties shown.
(4) A Village-wide map showing the other existing personal wireless service facilities in the Village and outside the Village within one mile of its corporate limits.
(5) The specific locations for this carrier of all existing and future personal wireless service facilities in the Village on a Village-wide map.
(e) Submittals Specifying Siting. A one-inch-equals-40 feet vicinity plan showing the following:
(1) Property lines for the subject property or, if right-of-way, adjacent and across-the-street properties.
(2) Property lines of all properties adjacent to the subject property or adjacent to the right-of-way for one thousand (1,000) feet in any direction.
(3) Tree cover (by mass rather than individual specimen) on the subject property and all properties adjacent to the subject property or adjacent to the right-of-way for 1,000 feet in any direction, by predominant species and average height, as measured by or available from a verifiable source.
(4) Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.), on subject property and all properties adjacent to the subject property or adjacent to the right-of way for one thousand (1,000) feet in any direction.
(5) Proposed location of antenna, mount and equipment shelter(s).
(6) Location of all roads, public and private, on the subject property and on all properties adjacent to the subject property or adjacent to the right-of way for one thousand (1,000) feet in any direction including driveways proposed to serve the Personal Wireless Service Facility.
(7) Distances, at grade, from the proposed Personal Wireless Service Facility to each building on the vicinity plan.
(8) Contours at each two feet Above Mean Sea Level (AMSL).
(9) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "Sight Lines" subsection below.
(f) Sight Lines and Photographs as Described Below.
(1) Sight line representation. A sight line representation should be drawn from the closest facade of each residential building (viewpoint) included on the vicinity plan to the highest point (visible point) of the personal wireless service facility. Each sight line should be depicted in profile, drawn at one inch equals forty feet. The profiles should show all intervening trees and buildings. In the event there is only one (or more) residential building on the vicinity plan, there should be at least two sight lines from the closest habitable structures, if any.
(2) Existing (before condition) photographs. Each sight line should be illustrated by one four-inch by six-inch color photograph of what can currently be seen from the residential building.
(3) Proposed (after condition). Each of the existing condition photographs should have the proposed personal wireless service facility superimposed on it to show what will be seen from residential buildings if the proposed personal wireless service facility is built.
(g) A one-inch equals twenty foot site plan showing the following:
(1) The entire subject property, including property lines and roads (public and private) adjacent to the subject property or adjacent to the right-of way for one thousand (1,000) feet in any direction.
(2) All existing buildings, including accessory structures.
(3) All existing vegetation, by mass or individually by diameter (four feet from the ground) of each stand-alone tree or shrub. Three masses or individual stand-alone trees should be identified by species.
(4) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
(h) Siting elevations, or views at-grade from the north, south, east and west for a fifty- foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations should be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:
(1) Antennas, mounts and equipment shelter(s), with total elevation dimensions and above ground level (AGL) of the highest point.
(2) Any and all structures on the subject property.
(3) Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
(4) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL.
(i) Submittals Specifying Design.
(1) Equipment brochures for the proposed personal wireless service facility such as manufacturer's specifications or trade journal reprints. These should be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(2) Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., galvanized steel, anodized aluminum, stained wood, painted fiberglass, etc.).
(3) Colors of the proposed personal wireless service facility represented by a color board showing actual colors proposed. Colors should be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barriers, if any.
(4) Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These should be provided for the antennas, mounts, equipment shelters and security barrier, if any.
(5) Appearance shown by at least two photographic superimpositions of the personal wireless service facility within the subject property. The photographic superimpositions should be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.
(6) Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
(j) Modification. A modification of a personal wireless service facility should be considered equivalent to an application for a new personal wireless service facility and should require a new permit when the following events apply:
(1) The applicant and/or co-applicant wants to alter the terms of the permit by changing the personal wireless service facility in one or more of the following ways.
A. Change of ownership of the personal wireless service facility or of the subject property.
B. Change in technology used for the personal wireless service facility.
(2) The applicant and/or co-applicant wants to add to or to replace any equipment specified in the original design filing. The following should be considered as changes of design of the personal wireless service facility specified in the original design filing:
A. The vicinity plan, as drawn by, and for those portions under the control of, the applicant or co-applicant.
B. The sight lines, as drawn by, and for those portions under the control of, the applicant or co-applicant.
C. The site plan, as drawn by, and for those portions under the control, of the applicant or co-applicant.
D. The design, as submitted by the project applicant.
(k) The addition to any personal wireless service facility for the purpose of collocation should be considered a modification.
(l) Approval by the Commission of the granting of a permit shall become effective only following review by Village Council. A certified copy of a resolution of the Commission granting such permit shall be filed forthwith by the Secretary of the Commission with the Clerk Treasurer. If, within the thirty-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 thirty-day period. However, should Council approve the action of the Commission within the thirty-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 personal wireless service facility shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Council.
(Ord. 1998-9. Passed 3-9-98.)