MapLink™ | Procedures | Wireless Facilities - Application and Development Review Process

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Wireless Facilities - Application and Development Review Process
Generally.
Unless excepted by § 10.17.1 Applicability; Exceptions, all wireless telecommunication facilities are subject to zoning approval in accordance with Chapter 8 of the SLDC and this Section. The use matrix sets forth the process required based on the applicable location and facility type.

General Application Requirements.
 
1. In addition to the application form for a wireless communication development permit and conditional use permit (if applicable), the applicable submittal requirements as indicated in Table 10-4, the SRAs required by CHAPTER 6: STUDIES, REPORTS AND ASSESSMENTS (SRAs), and the sustainable design standards of CHAPTER 7: SUSTAINABLE DESIGN STANDARDS, shall be furnished with the application and satisfied prior to review of an application for any new wireless communication facility. This requirement is not applicable to replacement of an existing wireless communication facility or to nonsubstantial modifications of existing antenna supporting structures including the installation of collocations. (For provisions governing replacement, see § 10.1741, § 10.17106 Application for modification of a wireless tower or base station that does not substantially change the physical dimensions of the tower or base station and § 10.17.14 Amateur radio antennas and radio facilities.)

2. All applications must be signed by the property owner, the applicant, and the provider who will be placing antennas on the proposed facility. If the property owner is not the provider, the application shall include a copy of an executed lease agreement between the applicant or property owner and a provider, or, where no lease agreement has been executed, an affidavit signed by a carrier attesting to an intent to place antennas on the wireless communication facility if the application is approved.

3. If the application is for a new antenna supporting structure, the applicant shall also comply with the pre-application meeting requirements of the SLDC. This provision is not applicable to replacement antenna supporting structures unless they exceed the height of the existing structure. Prior to the pre-application meeting, the applicant shall provide the following information regarding the proposed facility:
a. A detailed site plan that shows:
(i) location and dimensions of the proposed facility;
(ii) maximum height above ground of the proposed facility;
(iii) The elevation of the proposed facility including the benchmarks and data used to compute;
(iv) Any and all existing setbacks on the proposed site; and
(v) The location of all existing access ways to the proposed location and design of any proposed access ways.
b. Number of antennas proposed, including those of other providers;
c. Type or types of wireless communication to be provided;
d. The full name and address of the owner of the parcel;
e. Applicant’s certification that they have the legal authority to collocate/modify support structure which may include obtaining approvals from the Administrator authoring the initial placement of transmission equipment on the tower or other structure; and
f. Proof that the letters of coordination were mailed as required by § 10.17311 Proliferation Minimized regarding accommodation of future collocations. See Table 10-4 for submittal requirement information.
 
Application Review Standards.
Application review standards are indicated by facility type below in § 10.17105 Application for a new wireless communication facility through § 10.17107 Application for modification of a wireless tower or base station that substantially changes the physical dimensions of the tower or base station and are in addition to the applicable standards of CHAPTER 7: SUSTAINABLE DESIGN STANDARDS and CHAPTER 8: ZONING.

Expert Review of Application.
 
1. Due to the complexity of the methodology or analysis required to review an application for a wireless communication facility including modification/ collocation to an existing facility, the Administrator or the Planning Commission may require a technical review by a third-party expert, the cost in an amount specified in the fee ordinance, which shall be borne by the applicant. The expert review may address the following:
a. The accuracy and completeness of submissions;
b. The applicability of analysis techniques and methodologies;
c. The validity of conclusions reached;
d. Whether the proposed wireless communication facility complies with the applicable approval criteria set forth in this chapter, other sections of the SLDC, federal and state laws and regulations; and
e. Any other matters deemed by the Administrator to be relevant in determining whether a proposed wireless communication facility complies with the provisions of this Chapter, the SGMP, other sections of the SLDC, federal and state laws and regulations.
 
2. Based on the findings and conclusions of the expert review, the Administrator may require changes to the applicant’s application or required submissions. However, any such required changes or submissions shall be treated as an incomplete submission and governed by § 10.17105 Application for a new wireless communication facility through § 10.17107 Application for modification of a wireless tower or base station that substantially changes the physical dimensions of the tower or base station. respectively, depending on the type and size of the facility.

3. The applicant shall reimburse the County for the engineering review required in § 10.17104 Expert Review of Application by depositing funds or a letter of credit with the Administrator in an amount specified in the fee ordinance. Any refund or requirement for additional amounts will be determined within 10 working days of the date of receipt of an invoice for expenses associated with the third-party expert’s review of the application. Failure by the applicant to make reimbursement pursuant to this Section will suspend the pending application until payment in full is received.