§ 74-167. Wireless support structure permits.

(a)

Application for a wireless support structures permit. An application for a new wireless support structure must include the following information:

(1)

A complete site plan, certified by a professional engineer, which demonstrates that the site and the wireless support structure complies as constructed with the standards for towers as outlined in section 74-418 is required prior to issuance of the permit;

(2)

Documentation from the FAA that the lighting is the minimum lighting required by the FAA;

(3)

Documentation that the power output levels do not exceed federally approved levels or American National Standards Institute (ANSI) standards for power density, whichever provides the stricter requirements;

(4)

A statement of the number of collocation sites and documentation regarding structural integrity;

(5)

A copy of the lease agreement; the lease agreement must contain specific provisions for liability and responsibility in the event of the abandonment or collapse of the tower. Such submissions need not disclose financial lease terms;

(6)

Documentation consisting of a certificate of insurance showing evidence of general liability coverage of at least $1,000,000.00, and the certificate shall contain a requirement that the insurance company notify the town 30 days prior to the cancellation, modification, or failure to renew the insurance coverage required;

(7)

A written report demonstrating applicants' meaningful efforts to secure shared use of existing wireless support structures. Copies of written requests and responses for shared use shall be provided to the town in the application, along with any letters of rejection stating the reasons for rejection. The applicant shall provide information necessary to determine whether collocation is reasonably feasible. Collocation is not reasonably feasible if it is technically or commercially impractical to locate on an existing wireless support structure or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value;

(8)

Certification from a professional engineer that the structure has been designed to and will withstand 130 miles per hour wind velocity;

(9)

Relevant FCC licensing;

(10)

Compliance bond in the amount of $50,000.00. The full amount of the bond shall remain in full effect during the duration of the permit and/or until the wireless support structure, antenna and all related equipment has been removed from the site and the site restored to its previous condition;

(11)

Seismic analysis of the tower;

(12)

For proposals not on town-owned property, an application fee as set forth in the town's fee schedule.

(b)

Review. The sequence for review and approval of an application shall be:

(1)

Code enforcement officer for all compliance.

(2)

Community appearance committee for screening appearance.

(3)

Planning board for review, discussion and recommendation of approval or denial to the board of commissioners.

(4)

Board of commissioners for approval or denial of application.

a.

In making their recommendation to the board of commissioners, the planning board and community appearance commission should each determine whether a proposed wireless telecommunication service facility, wireless support structure, or telecommunication antenna will be in harmony with the area and compatible with adjacent properties. In making these two findings, the planning board and the community appearance commission may consider the aesthetic effects of the wireless telecommunication service facility, wireless support structure, or telecommunication antenna, as well as, mitigating factors concerning aesthetics, and may recommend against approval of an application for a wireless telecommunication service facility, wireless support structure, or telecommunication antenna on the grounds that such aesthetic effects are unacceptable.

b.

Factors relevant to aesthetic effects are the protection of the view in sensitive or particularly scenic areas and areas specially designated in adopted plans such as unique natural features, scenic roadways and historic sites; the concentration of wireless telecommunication service facilities, wireless support structures or telecommunication antenna in the proposed area; and whether the height, design, placement or other characteristics of the proposed wireless telecommunication service facility, wireless support structure or telecommunication antenna could be modified to have a less intrusive visual impact.

c.

Within 150 calendar days of the receipt of an application under this section, the town will:

1.

Complete the process for reviewing the application for conformity with ordinances. An application under this section is deemed to be complete unless the town manager or his/her designee notifies the applicant in writing, within 30 calendar days of submission of the application of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take 30 calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within 30 calendar days, the application shall be reviewed and processed within 150 calendar days from the initial date the application was received. If the applicant requires a period of time beyond 30 calendar days to cure the specific deficiencies, the 150 calendar days deadline for review shall be extended by the same period of time;

2.

Make a final decision to approve or disapprove the application; and

3.

Advise the applicant in writing of its final decision. If the town denies an application, it must provide written justification of the denial;

4.

Failure to issue a written decision within 150 calendar days shall constitute an approval of the application.

(c)

Building permit. Assuming final approval is granted by the board of commissioners, the building inspector shall issue a building permit upon payment of the applicable fees.

(d)

Certificate of compliance. A certificate of compliance must be issued before any wireless telecommunication service facility or wireless support structure is occupied.

(e)

Assignment or transfer of interest. Assuming final approval is granted by the board of commissioners, any assignment or transfer of any interest in the wireless telecommunication service facility, wireless support structure or telecommunication antenna may be made only with the approval of the board of commissioners.

(f)

Expiration. Approval shall terminate unless documentation, including, but not limited to, an FCC license, is submitted each January to the planning board that said wireless telecommunication service facility, wireless support structure, or telecommunication antenna is utilized.

(g)

Compliance bond review. The town shall review the sufficiency of any compliance bond posted in accordance with this section on a four-year basis to assure that the amount of the security is adequate to cover the cost of removal and any site restoration. An increase in the amount of security shall be required if it is determined that the amount of the security is insufficient to adequately restore the site.

(Ord. No. 2016-02, Art. 2.C, 2-5-2016)