Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services on new sites shall be processed as follows.
(A) At lease one public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, but may be published two more times, in a newspaper of general circulation in the county, provided that one publication occurs not less than seven calendar days, not more than 21 calendar days before the occurrence of such hearing.
(B) Notice of the hearing shall be posted conspicuously on the property in question, for 14 consecutive days immediately prior to the hearing. The posting shall consist of one or more signs, constructed of durable material and clearly depicting the following information: (Name of utility) proposes to construct a telecommunications (“tower” or “monopole”) on this site (a minimum of one inch high lettering); and address, including telephone number, of the Planning Commission where additional information regarding hearing may be obtained.
(C) (1) Notice of the hearing shall be given at least 14 days in advance of the hearing, by first class mail, with certification by the Commission Secretary, or other officer of the Planning Commission, that the notice was mailed to an owner of every parcel of property within 500 feet of the base of the proposed tower or monopole.
(2) It shall be the duty of the persons(s) proposing the facility to furnish to the Planning Commission the names and addresses of said property owners. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.
(D) Upon holding such hearing, the Planning Commission shall, within 60 days, commencing from the date that the application is received by the Planning Commission, or within a date specified in a written agreement between the Planning Commission and the applicant, make its final decision to approve or disapprove the uniform application. The Planning Commission shall submit to the Public Service Commission, along with its action, the basis for its decision. If the Planning Commission fails to issue a final decision within 60 days, and if there is no written agreement between the Planning Commission and the utility to a specific date for the Planning Commission to issue a decision, it is presumed that the Planning Commission has approved the utility’s uniform application.
(E) All new structures are required to purchase a construction permit of not less than $5,000.
(Ord. 2009-06, passed 9-16-2009)