(A) The fixed application fee for review of wireless telecommunications facilities applications for locating an antenna array on an approved wireless telecommunications facility within the parameters of an approved special use permit shall be as set forth in the town’s schedule of fees.
(B) An application to increase the parameters or size of an approved wireless telecommunications facility as relates to conditioned height, profile, number of co-locations or footprint shall not qualify for treatment as an attachment to an approved wireless telecommunications facility within the parameters of an approved special use permit under this section.
(C) There shall be no special use permit required for an application to attach the first antenna array on an approved wireless telecommunications facility within the parameters of an approved special use permit, unless for good cause such shall be required by the Board of Commissioners or Planning Director. Instead, approval shall result in issuance of a building permit by the appropriate administrative officer.
(D) Documentation shall be provided to demonstrate that the applicant has the legal right to proceed as proposed on the site, including an executed copy of the lease with the owner of the facility proposed to be attached to, or a letter of agency, showing the right of the applicant to attach to the structure.
(E) A pre-application meeting shall be held. Before the pre-application meeting, the applicant shall be provided instructions for completing an application. Said instructions are to be controlling as regards the form and substance of the issues addressed in the instructions and must be followed. Prior to the pre-application meeting, the applicant shall prepare and submit a project information form provided by the town and submit the retainer fee, but shall not prepare or submit the application at that time.
(F) The applicant shall include a written statement that:
(1) The applicant’s proposed wireless telecommunications facility shall be maintained in a safe manner, and in compliance with all conditions of all applicable permits and authorizations, without exception, 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) The construction of the wireless telecommunications facilities is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state.
(G) An application for the first antenna to be attached to an approved wireless telecommunications facility subsequent to the issuance of the special use permit and prior to issuance of a building permit for construction of the wireless telecommunications facility shall contain the requirements of the streamlined process for review of co-locations in § 157.09 and the following information:
(1) Facility description and documentation of the facility as necessary.
(a) A detailed narrative description and explanation of the specific objective(s) for the new wireless telecommunications facility, expressly including and explaining the purpose for the facility, such as coverage and/or capacity, technical requirements, and the identified boundaries of the specific geographic area of intended coverage;
(b) Technical documentation that proves the design of the wireless telecommunications facility is what is necessary to provide type and coverage of the service primarily and essentially within the town. Such documentation shall include a propagation study of the proposed site and all adjoining planned, proposed or existing sites, that demonstrates a significant gap in coverage and/or, if a capacity issue is involved, to include an analysis of the current and projected usage (traffic studies) using generally accepted industry methods and standards so as to conclusively prove the need for what is proposed. To enable the town to make its decision as regards to the design of the wireless telecommunications facility, the town may require the provision of all technical or engineering data and information used by the applicant that is necessary to enable an informed decision to be made to assure compliance with the intent of this section and that is based upon a written record, not to include information that by applicable law or regulation is deemed to be confidential or proprietary;
(c) All of the modeling information (such as, data) inputted into the software used to produce the propagation studies, including, but not limited to any assumptions made, such as ambient tree height, which shall include the completion of the town’s propagation study data form:
(d) A copy of the FCC license applicable for the intended use of the wireless telecommunications facility, as well as a copy of the five- and ten-year build-out plan required by the FCC;
(e) The frequency, modulation and class of service of radio or other transmitting equipment;
(f) The maximum transmission power capability of all radios, as designed, if the applicant is a cellular or functional equivalent carrier, or the maximum transmission power capability, as designed, of all transmission facilities if the applicant is not a cellular or functional equivalent carrier;
(g) The actual intended transmission power stated as the maximum effective radiated power (ERP), both in dBm’s and watts; and
(h) A statement certifying that the wireless telecommunications facility and all attachments thereto are in compliance with the conditions of the approved special use permit.
(2) Ownership and management.
(a) The name, address and phone number of the person preparing the application;
(b) The name, address and phone number of the property owner and the applicant, including the legal name of the applicant. If the owner of the structure is different than the applicant, the name and all necessary contact information shall be provided;
(c) The postal address and tax map parcel number of the property; and
(d) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.
(Ord. O-2007-30IN, passed 12-4-2007)