(A) An application for a special exception for a communications facility may be made by the property owner, the owner of the communications facility or a duly authorized agent of the property owner or the owner of the communications facility. All applications shall be initially filed with the Town Building Inspector.
(B) Each application shall include the following information and/or materials:
(1) Name, address and telephone number of applicant.
(2) Name, address and telephone number of the property owner or owner of the communications facility as applicable, if not the applicant.
(3) Name(s), address(es), and telephone number(s) of the intended lessee(s) or user(s) of the communications facility, if different from the owner of the communications facility.
(4) Name, address and telephone number of the contractor who will erect, alter, construct or relocate the communications facility, if not the applicant.
(5) A report from an Indiana Licensed Professional Engineer, which:
(a) Describes the height of the communications facility or tower height and the structural design of the communications facility and all footing or anchors. Cross-sections and elevations or communications facilities shall be shown on a scaled drawing;
(b) Describes the height above grade for all potential mounting positions for co-located antennae and the minimum separation distances between antennae;
(c) Describes the communications facility's capacity, including the number and type of antennae that it can accommodate and their effective range;
(d) Includes a copy of the stress sheets and calculations showing the structure's deadload and wind pressure capacities;
(e) Includes a detailed site plan of the parcel or lot, showing the communications tower and/or communications facility in relation to existing building(s) or structures, easements, rights-of-way and applicable setback lines. Detailed site plans should include adjoining parcels and lots, if located within a distance equal to 120% of the tower height; and
(f) Includes a description of any right-of-way cuts and/or utility service to be installed.
(6) Written consent or other proof of authorization of the owner of the building, structure, or land to which or on which the communications facility is to be erected.
(7) Written documentation or other proof that the communications facility will be in service within one month of completion of construction.
(8) Copies of any necessary easements.
(9) A written commitment by the applicant to notify the town not less than 60 days prior to any changes in ownership of the communications facility or ownership of the property in question.
(10) Written proof of adequate liability insurance covering the communications facility owner and operator, together with a written commitment to file proof of such adequate liability insurance with the town on an annual basis. In addition, applicant shall execute a Hold Harmless Agreement with the town holding the town harmless for any action arising out of the construction, maintenance and operation of the communications facility, including all costs and attorney fees of any action.
(11) For all communications towers for commercial wireless communications service, a letter of intent committing the communications tower owner and his or her successors to allow the shared use of the tower, if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
(12) A plan delineating any existing and proposed and/or anticipated communications facilities withing the town, for the purpose of promoting long-range planning to minimize the number of communications facilities and their potential adverse impacts on unincorporated Lake County.
(Ord. 2002-101, passed 9-17-2002)