10-17-5 Overall Policy And Desired Goals For Conditional Use Permits For Wireless Telecommunicaitons Facilities

In order to ensure that the placement, construction, modification, and maintenance of wireless telecommunications facilities protects the City’s health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this ordinance, the City hereby adopts an overall policy with respect to a Conditional Use Permit for Wireless Telecommunications Facilities for the express purpose of achieving the following goals: A. Implementing an application process for person(s) seeking a Conditional Use Permit for Wireless Telecommunications Facilities; B. Establishing a policy for examining an application for and issuing a Conditional Use Permit for Wireless Telecommunications Facilities that is both fair and consistent; C. Requiring, where not technologically or commercially impracticable, the sharing and/or co-location of wireless telecommunications facilities among service providers; D. Requiring the placement, height, and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth technology so as to minimize the adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances. 10-17-6: CONDITIONAL USE REQUIREMENTS PERMIT APPLICATION AND OTHER A. Prior to the submission of an application there shall be a pre-application meeting. The purpose of the pre-application meeting will be to address issues which will help to expedite the review and permitting process. A pre-application meeting shall also include a site visit, but such may be waived if there has been a prior site visit for the requested site and there has been no modification to the site since the site visit. Costs of the City’s consultants to prepare for and attend the pre-application meeting will be borne by the applicant. B. All applicants applying for a Conditional Use Permit for Wireless Telecommunications Facilities or any modification of such facility shall comply with the requirements set forth in this section. Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the City Planning Commission. C. An applicant shall submit to the City Planning Commission seven (7) copies of the application documentation. Written notification of the application shall be provided to the legislative body of all adjacent municipalities and to the City Planning Commission. D. The Applicant Shall Include a Statement in Writing: 1. That the applicant’s proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the Conditional Use Permit, without exception, unless specifically granted relief by the City Planning Commission in writing, as well as all applicable and permissible local codes, ordinances, and regulations including any and all applicable City, State, and Federal laws, rules and regulations; 2. That the construction of the Wireless Telecommunication Facilities is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the State. Proof of authorization to operate in the State shall be provided. E. No wireless telecommunications facilities shall be installed or constructed until the application is reviewed and approved by the City Planning Commission and the Conditional Use Permit and a building permit have been issued. F. An application for a Conditional Use Permit for Wireless Telecommunications Facilities shall be signed on behalf of the applicant by an authorized representative of the applicant and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Planning Commission, any false or misleading Statement made in the application may subject the applicant to denial of the application without further consideration or opportunity for correction. Where a certification is called for, such certification shall bear the signature and seal of a Professional Engineer licensed in the State of Utah. The application shall include the following information: 1. Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the City. Such documentation shall include, but may not be limited to propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites as requested by the Planning Commission and shall allow the service area and signal strength relationship between the proposed site and adjoining planned, proposed, in-service or existing sites; 2. The name, address, and phone number of the person preparing the report; 3. The name, address, and phone number of the property owner, operator, and applicant; 4. The postal address and tax map parcel number of the property; 5. The land use designation in which the property is situated; 6. Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines. The Planning Commission may require a boundary and/or land survey. In such cases, the survey will be provided by a licensed Utah State land surveyor. 7. The location of the nearest residential structure and the distance from the nearest residential structure to the proposed facilities; 8. The location, size, and height of all structures on the property which is the subject of the application; 9. The location, size, and height of all proposed and existing antennas and all appurtenant structures; 10. The type, location, and dimensions of all proposed and existing landscaping, vegetation, and fencing; 11. The number, type, and design of the tower and antenna(s) proposed and the basis for the calculations of the tower’s capacity to accommodate multiple users; 12. A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances, and apparatus, including the height above preexisting grade, materials, color, and lighting; 13. The frequency, modulation, and class of service of radio or other transmitting equipment; 14. The actual intended transmission and the maximum effective radiated power of the antenna(s); 15. Direction of maximum lobes and associated radiation of the antenna(s); 16. Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC and the provision of the calculations used to determine the cumulative NIER levels; 17. Certification that the proposed antenna(s) will not cause interference with other telecommunication devices; 18. A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities; 19. Certification that a topographic and geomorphologic study and analysis has been conducted and that, taking into account the subsurface and substrata and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities as designed, on the proposed site; 20. Certification that the telecommunications facility, foundation, and attachments are designed and will be constructed to meet all local, City, State, and Federal structural requirements for loads, including wind, snow and ice loads. 21. Certification that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property and that appropriate surge protectors will be installed. 22. A list of pending permits or copies of all permits issued from all other local, State, or Federal agencies with jurisdiction over said project, other than the City Planning Commission. G. In the case of a proposed new tower, the applicant shall submit a detailed written report, identifying each alternative to a new tower that was investigated, and demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within a radius of four miles of the proposed site. Copies of written requests and responses for shared use shall be provided to the Planning Commission in the application, along with any letters of rejection stating the reason for rejection. H. All towers will be stealth structures, unless the applicant is able to prove the technological impracticability of such. Towers shall not be disguised as trees. Stealth technology that may be employed includes mounting transmission equipment on existing structures including multi-story buildings, church steeples, silos, water towers, signs or other structures. If equipment can not be mounted on existing structures, new standalone towers must be camouflaged so their color allows them to blend with their surroundings. I. The Applicant Shall furnish a Visual Impact Assessment, Which Shall Include: 1. A “Zone of Visibility Map” which shall be provided in order to determine locations from which the tower may be seen. 2. Pictorial representations of “before and after” views from key viewpoints both inside and outside of the City as may be appropriate, 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. Guidance will be provided concerning the appropriate key sites at a pre-application meeting. 3. An assessment of the visual impact of the tower, the tower base, guy wires, and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening. J. The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related facilities and structures of the proposed wireless telecommunications facilities. 1. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding 4 inches in diameter measured at a height of 4 feet above the ground shall take place without the approval of the City Planning Commission. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited. 2. The landscape plan shall include native evergreen tree plantings to screen the wireless facility from view. Unless otherwise permitted, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within 2 years of planting shall be provided and shall be diligently maintained to protect their vitality. 3. If the visual impact analysis reveals that there is vegetation on or adjacent to the project site that must be retained for screening of the proposed tower or facility, the applicant shall document how such vegetation will be protected throughout the construction and operational life of the facility. K. Site work, with the exception of soil testing, surveying, and other necessary site location testing, is prohibited from being performed prior to the application approval and issuance of the Conditional Use Permit. Any violation of this section will, at the discretion of the City Planning Commission, subject the applicant to denial of the application without further consideration. L. Any and all representations made by the applicant to the City on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the City. M. All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all local, State, and Federal laws, ordinances, rules, and regulations, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. N. All wireless telecommunications facilities shall contain a visual representation that the facility will be sited so as to be the least visually intrusive as is reasonably possible and thereby have a minimal adverse visual effect on the environment and the nature and character of the community, existing vegetation, and on the residences in the area of the wireless telecommunications facility. O. Both the wireless telecommunications facility and any and all necessary or associated facilities shall maximize the use of building materials, colors, and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings, which shall include the utilization of stealth or concealment technology, not including fabricated trees, as may be required by the Planning Commission. P. At a telecommunications site, an access road, turn around space, and parking 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 of the land and be constructed or improved at the edge of fields and/or forests. Road/driveway grades shall closely follow natural contours to also assure minimal visual disturbance and reduce soil erosion. Equipment or vehicles may not be stored at the facility site. The applicant shall comply with the state and local storm water regulations. Q. A person who holds a Conditional Use Permit for Wireless Telecommunications Facilities shall construct, operate, maintain, repair, provide for removal of, modify, or restore the permitted wireless telecommunications facilities 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 editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erector. 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. R. A holder of a Conditional Use Permit granted under this Ordinance shall obtain, at its own expense, all permits and licenses required by applicable law, 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. S. An applicant for a new tower shall design the tower structurally to accommodate future demand for at least one additional commercial application, including future co-locations. The tower shall be structurally designed to accommodate at least one additional antenna array equal to those of the applicant, and located as close to the applicant’s antenna as possible without causing interference. This requirement may be waived, provided the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible, is commercially impracticable, or creates an unnecessary and unreasonable burden based upon: 1. The foreseeable number of FCC licenses available for the area; 2. The kind of wireless telecommunications facilities site and structure proposed; 3. The number of existing and potential licenses without wireless telecommunications facilities spaces/sites; 4. Available space on existing and approved towers. T. The owner of the proposed new tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed tower by other wireless service providers in the future, and shall: 1. Respond within 60 days to a request for the information from a potential shareduse applicant; 2. Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers; 3. Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the tower to equipment to accommodate a shared user without causing electromagnetic interference. 4. Failure to abide by the conditions outlined above may be grounds for revocation of the Conditional Use Permit for the tower. U. In order to better inform the public, in the case of a new telecommunications tower, the applicant shall, prior to the public hearing on the application, hold a “balloon test”. The applicant shall arrange to fly, or raise upon a temporary mast of a brightly colored balloon at a minimum three feet in diameter at the minimum height of the proposed new tower. The dates, times, and location of this balloon test (including a second date in case of poor visibility or high winds on the initial date) shall be advertised by the applicant seven and fourteen days in advance of the first test date in a newspaper with a general circulation in the City. The applicant shall inform the Planning Commission, in writing, of the dates and times of the test, at least fourteen days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 AM and 4:00 PM on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday. V. The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77. This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines, that the FAA must be contacted, then all filings with the FAA, all responses from the FAA, and any related correspondence shall be provided in a timely manner. W. The holder of a Conditional Use Permit shall notify the Planning Commission of any intended modification of a wireless telecommunications facility and shall apply to the Planning Commission to modify, add to, or relocate equipment or facilities to rebuild a wireless telecommunications facility. This includes a change in the effective radiated power (ERP) from the facility, or a change in the Radio Frequency (RF) emissions from the facility, or anything that could reasonably affect the health or safety of individuals.