(A) In order to ensure that the location, placement, construction and modification of a facility or the components of a complex do not endanger or jeopardize the city’s health, safety, public welfare, environmental features, the nature and character of the community or neighborhood and other aspects of the quality of life specifically listed elsewhere in this section, the city hereby adopts an overall policy and related procedures with respect to the submittal, review, approval and issuance of permits or administrative approval granted authority for wireless facilities for the express purpose of achieving the following outcomes:
(1) Requiring a conditional use permit for any new complex, facility or any substantial modification of a facility or complex or for a co-located facility;
(2) Requiring administrative approval and a properly issued building permit for any co-location or modification of a facility or complex that is not a substantial modification or substantial co-location;
(3) Implementing an application process and requirements;
(4) Establishing procedures for examining an application and issuing a conditional use permit or administrative approval that are fair and consistent;
(5) Promoting and requiring wherever possible, the sharing and/or co-location of support structures among service providers;
(6) Requiring, promoting and encouraging, wherever possible, the placement, height and quantity of attachments to a facility or complex in such a manner as to minimize the physical and visual impact on the community, including, but not limited to, the use of stealth siting techniques; and
(7) Requiring that the facility and complex shall be the least visually intrusive among those options that are not technologically impracticable given the facts and circumstances.
(B) The City Council is the officially designated agency or body of the city to whom applications for a conditional use permit for a facility or complex must be made, and that is authorized to make decisions with respect to granting or not granting or revoking conditional use permits applied for under this section. The City Council may at its discretion delegate or designate the City Planning Board or other official agencies or officials of the city or outside consultants to accept, review, analyze, evaluate and make recommendations to the Council with respect to the granting or not granting or revoking conditional use permits for wireless telecommunications facilities. However, the Council shall possess the sole right to grant all conditional use permits.
(C) The City Council hereby designates the City Manager, or the City Manager’s designee, as the authority for requests for anything other than a substantial modification or conditional use permit, i.e., for all administrative approvals.
(D) (1) There shall be a pre-application meeting for all intended applications prior to the submission of an application. The pre-application meeting may be held either on site, or telephonically as deemed appropriate by the city or its designee.
(2) The purpose of the pre-application meeting will be to address:
(a) Issues that will help to expedite the review and permitting process; and
(b) Certain issues or concerns the city or the applicant may have.
(3) Costs of the city’s consultant to prepare for and attend the pre-application meeting will be borne by the applicant and paid for out of a fee set forth in the city’s Schedule of Fees in § 21.06, which shall have been paid to the city prior to any site visit or pre-application meeting.
(E) If there has not been a prior site visit for the requested facility or complex within the previous six months, a site visit shall be conducted.
(F) An applicant shall submit to the city the number of completed applications determined to be needed at the pre-application meeting. If Council action is required, applications will not be transmitted to the Council for consideration until the application is deemed complete.
(G) If the proposed site is within one mile of another jurisdiction, written notification of the application shall be provided to the legislative body of all such adjacent jurisdictions as applicable and/or requested.
(H) The owner(s) of the support structure to which antennas or related equipment are to be attached must be an official applicant of record, unless the owner is the city, in which case, to prevent a conflict of interest, the city shall not be a party to the application.
(I) All applicants shall closely follow the instructions for preparing an application. Not following the instructions without permission to deviate from such shall result in the application being deemed incomplete and a tolling of the time allowed for action on an application until a complete application is received.
(J) The applicant shall be notified in writing of any deficiencies within the designated time limits, set forth in the FCC 2009 and 2014 Report and Orders, of the submission of an application as regards any deficiencies related to the completeness of the application. Remediation of deficiencies in an application shall be deemed an amendment of the application that was received.
(K) The city may deny applications not meeting the requirements stated herein or which are otherwise not complete after proper notice and a reasonable opportunity to make the application complete has been afforded. Applications will be deemed abandoned if left incomplete for more than 90 days after the date of notice of incompleteness.
(L) No work of any kind on or at a facility or complex shall be started until the application is reviewed and approved and the conditional use permit or administrative approval, as applicable, has been issued, and a building permit has been issued in accordance with the city’s code.
(M) Any and all representations made by the applicant or that are made in support of the application shall be deemed to be on the record, whether written or verbal, and shall be deemed to have been relied upon in good faith by the city. Any verbal representation shall be treated as if it were made in writing.
(N) Other than to remediate noncompliant situations related to matters of safety or the conditions of a permit, no permits for work at a facility or complex shall be issued where the facility or complex is not in full compliance with all applicable local, state and federal laws, rules, regulations and orders. A facility or complex not in full compliance with this section shall be required to be brought into full compliance before any permit of any kind will be issued.
(O) An application shall be signed on behalf of the applicant(s) by a person vested with the authority to bind and commit the applicant attesting to the truthfulness, completeness and accuracy of the information presented.
(P) The applicant must provide documentation to substantiate that it has the right to proceed as proposed on the site or at the complex in the form of an executed copy of the lease with the landowner or landlord or a signed letter of agency granting authorization. If the applicant owns the site or complex, a copy of the ownership record is required.
(Q) Applications shall include written commitment statements to the effect that:
(1) The applicant’s facility or complex shall at all times and without exception be maintained in a safe manner, and in compliance with all conditions of all permits, as well as all applicable and permissible local codes, ordinances and regulations and all applicable city, state and federal laws, rules and regulations, unless specifically granted relief by the Council in writing; and
(2) The construction of the facility or complex is legally permissible, including, but not limited to, the fact that the applicant is licensed to do business in the state.
(R) Where a certification is called for in this section, such certification shall bear the signature and seal of a professional engineer licensed in the state.
(S) A support structure and any and all accessory or associated structures shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and to harmonize with the natural surroundings. This shall include the utilization of stealth or camouflage or concealment technique as may be required by the city.
(T) All utilities at a complex or site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the city, including specifically, but not limited to, applicable electrical codes.
(U) At a facility or complex needing vehicular access, an access road, parking and turn around space for emergency vehicles shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion. If the current access road or turn around space is deemed in disrepair or in need of remedial work to make it serviceable and safe and in compliance with any applicable regulations as determined at a site visit, the application shall contain a commitment to remedy or restore the road or turn around space so that it is serviceable and safe and in compliance with applicable regulations.
(V) All work at a facility or complex shall be done in strict compliance with all current applicable technical, safety and safety-related codes adopted by the city, state or United States, including, but not limited to, the most recent edition of the TIA ANSI Code, National Electric Safety Code, the National Electrical Code, the Occupational and Safety and Health Administration (OSHA) regulations, recommended practices of the National Association of Tower Erectors and accepted and responsible workmanlike industry practices. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.
(W) A holder of a conditional use permit or administrative approval granted authority granted under this section shall obtain, at his, her or its own expense, all permits and licenses required by applicable law, ordinance, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the city or other governmental entity or agency having jurisdiction over the applicant.
(X) Unless such is proven to be technologically impracticable, the city requires the co-location of new antenna arrays on existing structures, as opposed to the construction of a new complex or support structure or increasing the height, footprint or profile of a facility or complex beyond the conditions of the approved conditional use permit for an existing facility or complex. In instances not qualifying as an eligible facility, the applicant shall submit a comprehensive report inventorying all existing structures more than 50 feet in height within one-half mile of the location of any proposed new facility or complex.
(Y) An applicant intending to co-locate on or at an existing facility or complex shall be required to document the intent of the existing owner to permit its use by the applicant.
(Z) Co-located equipment shall consist only of the minimum antenna array technologically needed to provide service primarily and essentially within the city, to the extent practicable, unless good cause is shown in the form of clear and convincing evidence.
(AA) DAS systems that are owned or operated by a commercial carrier and are part of a commercial wireless system, or are used for commercial purposes, are expressly included in the context of this section, regardless of the location or whether the facility or any of its components is located inside or outside a structure or building.
(BB) The existence of a lease or an option to lease shall not be deemed justification for not complying with the siting priorities set forth in this section, as well as other applicable land use and zoning regulations. An applicant may not bypass sites of higher priority solely because the site proposed is under lease or an option to lease exists. If a site other than the number one priority is proposed, the applicant must explain to the reasonable satisfaction of the city why co-location is technically or commercially impracticable. Build-to-suit agreements between carriers and a proposed tower owner shall not be a valid basis for any claim of exemption, exception or waiver from compliance with this section.
(CC) Any technical information must be provided in such a manner, form and with such content that it is able to be verified by a third party using the information used and provided by the applicant.
(DD) All costs associated with the preparation and submission of an application and/or necessitated by the requirements for obtaining and maintaining any and all city permits shall be borne by the applicant or permittee.
(Ord. 2016-4-26-38, passed 4-26-2016)