(A) All applicants for a conditional use permit for a new wireless facility or complex, including for a new tower or other support structure or that constitutes a substantial modification, shall comply with the requirements set forth in this section. In addition to the required information set forth in this section, all applications for the construction or installation of new facility or complex shall contain the information hereinafter set forth prior to the issuance of a building permit. 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.
(1) 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;
(d) A copy of the FCC license applicable for the intended use(s) of the wireless telecommunications facilities, including all FCC licensed frequency bands; and
(e) The applicant shall disclose in writing any agreement in existence that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs or has constructed for it.
(2) Zoning and planning.
(a) The zoning district or designation in which the property is situated;
(b) The size of the property footprint on which the structure to be built or attached is located, stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;
(c) The location, size and height of all existing and proposed structures, enclosures and cabinets on the property on which the structure is located and that are related to the subject of the application;
(d) A site plan to scale, not a hand drawn sketch, showing the footprint of the support structure and the type, location and dimensions of access drives, proposed landscaping and buffers in compliance with § 155.080(G) of the city’s development code, including, but not limited to, fencing and any other requirements of site plans;
(e) Elevation drawings showing the profile or the vertical rendition of the tower or support structure at the facility or complex and identifying all existing and proposed attachments, including the height above the existing grade of each attachment and the owner or operator of each, as well as all lighting;
(f) The type and design of the tower or support structure, the number of antenna arrays proposed to be accommodated and the basis for the calculations of the tower’s or support structure’s capacity to accommodate the required number of antenna arrays for which the structure must be designed;
(g) Disclosure in writing of any agreement in existence prior to the submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs; and
(h) 1. A certified statement of:
a. The total cost of construction for the work associated with the application; and
b. The total cost of all equipment of the applicant at the facility.
2. To verify the accuracy of the information the city reserves the right to require copies of applicable invoices or other clear and convincing corroborating evidence.
(3) Safety.
(a) The age of the tower or support structure and complex stated in years, including the date of the grant of the original permit;
(b) A description of the type of tower, e.g., guyed, self-supporting lattice or monopole, or other type of support structure;
(c) For a tower, the make, model, type and manufacturer of the tower and the structural design analysis and report, including the calculations, certified by a professional engineer licensed in the state and proving the tower or support structure’s capability to safely accommodate the facilities of the applicant without change or modification;
(d) If a substantial co-location, change or modification of a facility or complex is needed, a detailed narrative explaining what changes are needed and why they are needed;
(e) A complete, unredacted copy of the foundation design and report for the tower or other structure, including a geotechnical sub-surface soils investigation report and foundation design for the facility;
(f) If substantially modifying or co-locating on an existing tower or other support structure, a complete, unredacted and certified TIA ANSI 222 report regarding the physical condition of the complex and all of its components done within the previous six months. If such report has not been done within the previous six months, one shall be done and submitted as part of the application. No building permit shall be issued for any wireless facility or related equipment where the structure being attached to is in need of remediation to comply with the requirements of this division (A)(3)(f) and other adopted standards of the city regarding the physical condition and/or safety, unless and until all remediation work that is deemed needed has been completed, or a schedule for the remediation work has been approved by the City Planning Department or Inspections Department;
(g) In an instance involving a tower with only a single array of antennas, or for the first antenna array to be attached to a tower where the array will be 33 feet or more above ground level and not within 100 feet of areas to which the public has or could reasonably have or gain access to, in lieu of a full RF emissions study, if deemed appropriate by the city, signed documentation in the form of the FCC’s “Checklist to Determine whether a Facility may be Categorically Excluded” may in certain cases be allowed to be used and shall be provided to verify that the facility and complex with the proposed installation will be in full compliance with the current FCC’s RF emissions regulations; and
(h) If not submitted in a previous application, a signed statement that the applicant will expeditiously remedy any physical or RF interference with other telecommunications or wireless devices or services.
(B) A written copy of an analysis completed by a qualified individual or organization to determine if the proposed wireless telecommunications facility or complex is in compliance with Federal Aviation Administration Regulation Part 77, and if it requires lighting, including any facility or complex where the application proposes to increase the height of the existing tower or support structure.
(C) New towers and other new support structures shall be prohibited in residential districts, historic districts and areas officially deemed to be visual or scenic sensitive areas within the city’s corporate limits, unless the applicant provides clear and convincing technical evidence from a carrier demonstrating that:
(1) The intended area cannot be served from outside the district or visually sensitive area; and
(2) That no existing or previously approved facility or complex can reasonably be used to accommodate equipment needed to provide the intended service.
(D) All applications for a proposed facility or complex applicable to this section shall contain clear and convincing evidence that the facility or complex is sited and designed so as to create the least visual intrusiveness reasonably possible given the facts and circumstances involved. To achieve this goal the city expressly reserves the right to require the use of stealth or camouflage siting techniques such as, but not limited to, DAS (distributive antenna system) or a functional equivalent as regards size, and such shall be subject to approval by the Council.
(E) If proposing a new tower or support structure, or a substantial co-location or modification of an existing structure, the applicant shall be required to submit clear and convincing technical evidence that there is no alternative solution within the search ring of the proposed site that would be less visually intrusive and that not to permit the proposed new tower or support structure, or a substantial co-location or modification would result in the prohibition of service or the perpetuation of a significant gap in service.
(F) In order to better inform the public, in the case of a new tower, the applicant shall hold a “balloon test” prior to the initial public hearing on the application. The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a ten feet in length brightly colored balloon with horizontal stabilizers at the maximum height of the proposed new tower. The use of spherical balloons shall not be permitted.
(G) At least 14 days prior to the conduct of the balloon test, a sign shall be erected so as to be clearly visible from the road nearest the proposed site and shall be removed no later than 14 days after the conduct of the balloon test. The sign shall be at least four feet by eight feet in size and shall be readable from the road by a person with 20/20 vision.
(1) Such sign shall be placed off, but as near to, the public right-of-way as is possible.
(2) Such sign shall contain the times and date(s) of the balloon test and contact information.
(3) The dates, (including a second date, in case of poor visibility or wind in excess of 15 mph on the initial date) times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the city and as agreed to by the city. The applicant shall inform the city in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least four consecutive hours between 10:00 a.m. and 2:00 p.m. on the dates chosen. The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday. A report with pictures from various locations of the balloon shall be provided with the application.
(4) The applicant shall notify all property owners and residents located within 1,500 feet of the nearest property line of the subject property of the proposed construction of the tower and facility or complex and of the date(s) and time(s) of the balloon test. Such notice shall be provided at least 14 days prior to the conduct of the balloon test and shall be delivered by first-class mail. The City Planner shall be provided an attested copy of the list of addresses to which notification is provided. The wireless telecommunications facility or complex shall be structurally designed to accommodate at least four antenna arrays, with each array to be flush-mounted or as close to flush-mounted as is reasonable possible.
(H) The applicant shall provide certified documentation in the form of a structural analysis and report, including all calculations, showing that the facility or complex will be constructed to meet all local, state and federal structural requirements for loads, including wind and ice loads and including, but not limited to, all applicable ANSI (American National Standards Institute) TIA 222 guidelines. In the event of a conflict the more stringent shall apply.
(I) (1) The applicant shall furnish a visual impact assessment, which may be required to include:
(a) A computer generated “Zone of Visibility Map” at a minimum of one mile radius from the proposed structure shall be provided to illustrate locations from which the proposed installation may be seen, with and without foliage; and
(b) To-scale pictorial representations (photo simulations) of “before and after” views from key viewpoints inside of the city as may be appropriate and required, including, but not limited to, state highways and other major roads, state and local parks, other public lands, historic districts, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors, travelers or residents.
(2) Guidance will be provided concerning the appropriate key viewpoints at the pre-application meeting. In addition to photographic simulations to scale showing the visual impact, the applicant shall provide a map showing the locations of where the pictures were taken and the distance(s) of each location from the proposed structure.
(J) The applicant shall provide a written description and a visual rendering demonstrating how it shall effectively screen from view the bottom 15 feet of the facility or complex and all related equipment and structures associated with the facility or complex.
(K) A building permit shall not be issued for the construction of a new tower or other support structure until there is an application for or by a specific carrier that documents that the facility or complex is necessary for that carrier to serve the community and that co-location on an existing structure is not feasible.
(L) Co-location on an existing structure is not reasonably feasible if such is technically or commercially impracticable or the owner of the structure is unwilling to enter into a contract for such use at fair market value. Sufficient documentation in the form of clear and convincing evidence to support such claims shall be submitted with an application for the first carrier in order to determine whether co-location on existing structures is reasonably feasible and to document the need for a specific stated height, and that less height will serve to prohibit or have the effect of prohibiting the provision of service.
(Ord. 2016-4-26-38, passed 4-26-2016)