It is recognized that public utilities and personal wireless service facilities (PWSF) are essential to the community. The intent of this article is to minimize visual impact and safety risk to surrounding property through application of reasonable technical and development standards for the installation and placement of public utilities and PWSF. The regulations herein provide specific standards for the approval of PWSF by addressing the following issues and concerns:

(1)

Compliance with all federal and state regulations regarding the placement, use and maintenance of public utilities and PWSF.

(2)

Encouragement of the continued improvement of wireless telecommunication services in the city to meet the communications requirements of the residential and business community.

(3)

To the greatest extent possible, minimization of the proliferation of visual and safety impact of PWSF throughout the city.

(4)

Promotion of proper maintenance and renovation of PWSF.

(5)

Compatibility of the regulations with the overall intent of the Brentwood Zoning Ordinance.

(Ord. No. 2001-02, § 1, 5-29-2001)

The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means a whip, panel, disc or similar device used for transmission and/or reception of radio frequency signals.

Antenna array means one or more whips, panels, discs or similar devices used for transmission or reception of radio frequency signals, which may include omni-directional antennas (whips), directional antennas (panels), and parabolic antennas (discs). The antenna array does not include the mount as defined herein.

Applicant means a person or entity with an application before the city for a permit for a public utility or PWSF.

Camouflage means a way of designing, installing and/or mounting a PWSF so as to hide or cover the PWSF from public view.

Coapplicant means any person and/or entity joining with an applicant in an application for a permit. A coapplicant may be the owner of a public utility or PWSF; owner of the subject property; or any proposed tenant for the public utility or PWSF.

Collocation means the use of a common site by two or more PWSF and/or placement of two or more PWSF on abutting properties.

Conceal means to enclose a public utility or PWSF within a natural or manmade feature, resulting in the facility being either invisible or hidden by the feature enclosing it.

Design means the appearance of a public utility or PWSF including the structures, materials, colors and shape.

Disguise means to design a public utility or PWSF to appear to be something other than its conventional or traditional form, achieving a compatible appearance with the surrounding environs.

Enhanced specialized mobile radio (or ESMR) means a type of private land mobile radio with telephone services.

Equipment cabinet/equipment shelter means an enclosed structure at the base of the mount, either above or below ground, which houses essential equipment for the operation of a PWSF, such as batteries and electrical equipment.

Fall zone means the area on the ground within a prescribed radius in all directions from the base of a ground-mounted PWSF which is intended as a safety zone from potential falling debris or collapsing material.

Federal Communications Commission (or FCC) means the federal agency charged with licensing and regulating wireless communications at the national level.

Guyed tower means a mount that is anchored to the ground or to another surface by diagonally placed cables with the opportunity for antennas to be attached at the top of and/or along the primary structure.

Height means the distance measured from existing grade to the highest point of a PWSF, including any antenna.

Lattice tower means a mount with multiple legs and cross-bracing of structural steel with the opportunity for antennas to be attached at the top and/or along the structural support system.

Location means the area of the city where a PWSF is located or proposed to be located.

Mitigation means the reduction or elimination of visual impacts by the use of one or more methods, including concealment, camouflage, and/or disguise.

Modification (of a PWSF) means the changing of any portion of a PWSF from its recorded description and authorized use in a previously approved FCC and/or city permit. The modification of a PWSF is considered to be any of the following:

(1)

Change of ownership of the PWSF or of the subject property.

(2)

Change in design or technology used for the PWSF.

(3)

Addition, collocations or replacement of any equipment in the PWSF, excluding direct, like-for-like substitutions.

Monopole means a type of mount that is self-supporting with a single shaft of wood, steel or concrete without the use of guyed wires, and with the opportunity for antenna placement at the top of and/or along or within the shaft.

Mount means the structure or surface upon which the antenna array is mounted, e.g.:

(1)

Roof mount. Mounted on the roof or upper portion of a building, either on the top or side of the building.

(2)

Ground mount. Mounted on a communications tower or monopole constructed at grade.

(3)

Structure mount. Mounted on a freestanding structure, such as an electrical transmission structure, water tank, streetlight, signal pole, athletic field lighting standard, etc.

Personal wireless service facility/facilities (or PWSF) means a facility used for the transmission and/or reception of personal wireless services. A PWSF typically includes, but is not limited to, an antenna array, transmission cables, equipment shelter and mount structure.

Personal wireless services means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services; and any other services which are heretofore defined as "personal wireless services" by the FCC or by amendments to the Telecommunications Act of 1996.

Provider means an entity offering any personal wireless service. Under this definition, a tower builder does not constitute a provider. A provider licensed by the FCC to offer a personal wireless service is considered a "licensed provider" for purposes of this article.

Public utilities means all equipment, facilities and structures used for electric, gas, telephone, water and sewer and cable television service, including but not limited to substations and switching stations, pumping stations, water tanks, repeaters, antennas, transmitters, receivers, poles, towers, and related structures and equipment.

Radio frequency radiation means the emissions or byproducts of the RF signal, for which exposure to excessive amounts can be harmful to humans.

Radio frequency (or RF) signal means the actual beam or radio waves sent and received by a PWSF. An RF signal is the deliberate product of a PWSF. The RF emission is the byproduct.

Security barrier means a locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.

Short mount means an alternative mounting method for antennas in lieu of using traditional monopoles, guyed towers and lattice towers. Short mounts may include new poles less than 42 feet in height.

Site means that portion of a specific property or right-of-way where a proposed PWSF is to be placed.

Siting means how the PWSF will be placed within a proposed site.

Specialized mobile radio (or SMR) means a form of dispatch or two-way communication used by companies that rent space or time from an SMR carrier. SMR is used primarily for data, delivery vans, truckers or taxis within a small, definable geographic area.

Standards means rules or measures by which approval of new PWSF are determined. PWSF standards typically address location, siting and design.

Tower means a monopole or a freestanding ground-mounted structure supported by either guyed wires or self-supporting lattice cross steel bracing.

Unlicensed wireless service means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services.

Wireless communication means any form of signal communication by wireless devices, including personal wireless services, which require a transmitter, a receiver and a path for signal transmission, including direct and indirect paths.

(Ord. No. 2001-02, § 1, 5-29-2001)

The installation and construction of the following facilities are exempt from the provisions of this chapter:

(1)

Any public utilities, including poles, placed in the public right-of-way.

(2)

Switching equipment, pumping stations and similar facilities for public utilities that cover less than 500 square feet of ground space.

(3)

Ground-level water tanks that are less than 50 feet in height.

(4)

Traffic signals and related communication devices and control boxes.

This exemption shall not apply to any PWSF.

(Ord. No. 2001-02, § 1, 5-29-2001)

(a)

Previously authorized PWSF. Any PWSF approved by the planning commission prior to adoption of this article shall be deemed a permitted use, subject to the conditions and requirements placed on the approval, and provided that substantial construction of the PWSF has begun within 12 months of approval.

(b)

Nonauthorized PWSF. Any PWSF installed or colocated without a permit after the adoption of this article shall be considered in violation of the provisions herein and the provider and/or facility owner shall be subject to appropriate legal action to ensure removal of the PWSF and to prevent the continued operation of the unauthorized PWSF. Any PWSF either located at an unauthorized site or colocated at a legally authorized PWSF site without the planning commission's approval prior to adoption of this article shall be considered in violation of the provisions herein and shall not be allowed to remain in operation unless a valid permit is obtained from the city within six months after adoption of this article. The issuance of a permit for any such PWSF shall be in accordance with the provisions of this article. If the PWSF is not brought into compliance within the six month time limit, then in addition to any penalties which may be imposed for violation of this article, the provider and/or facility owner shall be subject to appropriate legal action to ensure removal of the PWSF and to prevent the continued operation of the unauthorized PWSF.

(c)

Repair/rehabilitation of existing PWSF. If a legally authorized PWSF is damaged or destroyed due to any reason, it may be repaired and restored to its former use, location and physical dimensions upon issuance of a building permit. In no event shall a provider and/or facility owner upgrade or expand any PWSF without submission of a new application for a permit that is in full compliance with this article.

(d)

Collocation of PWSF on nonconforming structure. The colocation of a new PWSF on a legal nonconforming structure shall be allowed if the provider obtains a permit for the new PWSF pursuant to the provisions set forth in this article.

(Ord. No. 2001-02, § 1, 5-29-2001)

Except as may be allowed under section 78-534(c) herein, it shall be unlawful for any individual, corporation or provider to erect, construct, place, re-erect, or replace any public utility or PWSF without making application to the planning and codes department and securing the approval of the planning commission. With the exception of applications in tier one locations, the application shall be accompanied by a detailed site plan that addresses all of the requirements of this article. In addition to complying with the performance, technical and development standards of this article, the planning commission may require additional conditions for the issuance of permits in locations where it is deemed necessary to protect and preserve existing land uses in the area. All denials of permits by the planning commission shall be in writing and supported by findings based on the provisions of this article.

(Ord. No. 2001-02, § 1, 5-29-2001)

All public utilities and PWSF shall meet the following performance and technical standards, unless otherwise specified:

(1)

Permitted locations. Public utilities and PWSF shall be permitted in any zoning district, subject to compliance with the performance, technical and development standards of this article.

(2)

Location standards. The decision to approve a PWSF shall be guided by a three tier location system that encourages placement in certain locations and discourages placement in other locations. The placement of PWSF shall occur within tier one and tier two locations whenever possible. Interpretation of preferred, opportunity and avoidance areas shall be based on city generated maps and aerial photography, plus other documentation from federal and state agencies and local laws, ordinances and regulations.

a.

Tier one locations. These locations have the least impact on surrounding property and are therefore considered highly preferred areas for placement of PWSF. Application requirements for permits are less complicated and will therefore receive expedited review by the city. Tier one applications are limited to the following areas:

1.

The installation of new short mount monopoles (less than 42 feet in height) in the public right-of-way in locations and configurations acceptable to the city.

2.

Installation on or within existing poles or replacement poles in the public right-of-way, such as telephone, electric, streetlight and/or traffic signal poles.

3.

Roof-mounted receiving antennas that are camouflaged or placed in a manner so as minimize visibility from adjacent public roadways or surrounding structures.

b.

Tier two locations. These locations are within acceptable opportunity areas, but require more extensive review and possible mitigation of impact to surrounding land uses to receive approval by the planning commission. Tier two locations include, but are not limited to, the following areas:

1.

Church steeples or nonresidential rooftop mounts that may be visible from the adjacent public roadway or nearby buildings.

2.

Heavily wooded areas not within tier three locations.

3.

On top of or adjacent to utility structures, including water tanks, pump stations and sewerage lift stations, provided any new ground mount is less than 42 feet in height.

4.

Collocation on existing ground mounts authorized prior to adoption of this article, provided no extension in height is required.

5.

TVA power transmission structures and emergency warning siren poles.

6.

Replacement or retrofitting of existing lighting standards/poles with similar height mounts in commercial and service/institution parking lots, active parks and stadiums.

7.

Monopoles in the public right-of-way (42 feet or greater in height) that are compatible in appearance and scale to nearby poles in the right-of-way.

c.

Tier three locations. These locations are the least preferred areas for PWSF, and should be avoided if at all possible due to unique features on the property and/or potential adverse impact to the surrounding area. Tier three applications shall require detailed analysis and written documentation from the applicant to justify why any and all available alternatives for placement of PWSF in tier one and two locations are unacceptable. Tier three locations include, but are not limited to, the following areas:

1.

Designated floodplain areas and stream corridors, as identified by Federal Emergency Management Agency maps.

2.

Scenic corridors and community gateways, as designated or mapped in the Brentwood 2020 Comprehensive Plan, or any subsequent comprehensive plan for the city.

3.

Steep hillside areas with grades in excess of 20 percent, as identified on the city's GIS mapping.

4.

Passive parks and greenways, and designated private open space.

5.

Historic/culturally significant sites, and areas within 500 feet of the boundary of the such sites.

6.

All residential lots as recorded on a final plat or identified in an approved preliminary subdivision plan.

7.

New ground mounts in any location exceeding 42 feet in height (other than replacement and reconfiguration of an existing lighting standard/pole with a similar height or shorter pole.)

(3)

Siting standards. The following siting standards shall be used whenever possible:

a.

Placement on existing building roofs or ground mount structures and reconfiguration of existing light standards/poles (with no increase in height) shall be viewed more favorably over the installation of a new ground mount.

b.

Placement of roof-mounted PWSF on commercial and service institution buildings with flat roofs is acceptable, provided such placement does not extend above the maximum height limit in the applicable zoning district.

c.

Placement within an established and heavily wooded tree canopy not within a tier three location is acceptable, subject to height limitations above the tree line as set forth below.

(4)

Design standards. The following design standards shall be used whenever possible:

a.

Disguise techniques. To the greatest extent possible, PWSF should be concealed within existing structures, camouflaged within the immediate surroundings, or placed on inconspicuous ground mounts that are compatible with nearby poles in the right-of-way or on the property.

b.

Color/exterior appearance. A PWSF should be painted with durable colors that are compatible with the immediate surroundings, or complementary with natural features (including trees and sky). Wiring and other cabling shall be internally contained within the mounts and equipment and not directly visible. Exterior and side mounted antennas array shall not extend more than 24 inches from the surface of the mounting structure.

c.

Height. The maximum height of any PWSF should be consistent with the height of legally conforming pole structures in the immediate area or no greater than 42 feet in locations without pole structures. A new ground-mounted PWSF should not extend more than ten feet above any public utility water tank or ten feet above the average tree height within a 100 foot radius of the proposed ground mount location. Roof-mounted PWSF shall not extend more than ten feet above the roof surface of the building or the maximum height of the mechanical penthouse, whichever is less.

d.

Equipment cabinet/shelter. A PWSF equipment cabinet/shelter must be fully screened from public visibility at the time of installation. The preferred method is through use of underground vaults. If this option is not practical or feasible, such equipment may be placed in adjoining wooded areas or screened through a combination of substantial landscaping, earthen berms, walls, fences, etc. in a manner acceptable to the planning commission. The planning commission may waive such screening requirements in locations that are not normally accessible or visible to the public.

e.

Mounts. The following mount types for any new PWSF should be avoided whenever possible:

1.

Roof-mounted monopoles, lattice towers or guyed towers.

2.

Ground-mounted lattice and guyed towers.

(5)

Structural/safety standards. The following safety standards shall be used with the installation of PWSF:

a.

All mounts, antenna array and related equipment shall be designed by a qualified, professional engineer licensed in the State of Tennessee and shall meet all minimum city building and electrical codes and Electronic Industries Association—Telecommunications Industry Association (EIA-TIA) 222-F standards (latest version), whichever is stricter.

b.

Roof-mounted PWSF shall have adequate railings acceptable to the city's chief building official to protect workers from falling from the building.

c.

All wiring and cables shall be buried underground and fully enclosed within the mounts.

(6)

Fall zone/setback standards. The following fall zone and setback standards shall be used with the installation of PWSF:

a.

Fall zone. The minimum distance from the base of any new ground mount to any adjoining property line or to any permanently dedicated and recorded easement line established for the PWSF shall be at least 110 percent of the height of the tower. No structure used for human occupancy shall be permitted within this designated fall zone.

b.

Setbacks. Any new PWSF, including mounts, structural elements and equipment cabinets or sheds, shall comply with the minimum setback requirements of the applicable zoning district. On parcels with an existing principal building or structure, all components of the ground-mounted PWSF shall be located in the rear buildable area of the property.

c.

Exemptions. The installation of new ground mounts less than 42 feet in height and the replacement/retrofitting of existing lighting standards/poles for PWSF capability shall be exempt from fall zone and minimum setback standards.

(Ord. No. 2001-02, § 1, 5-29-2001)

Except for applications in tier one locations, all public utilities and PWSF shall meet the following development standards. Upon the recommendation of the planning and codes director, the planning commission may waive individual requirements in this section for PWSF in tier two locations when such standards are deemed unnecessary due to unique conditions at the proposed location. Some examples where waiver of certain standards may be appropriate include, but are not limited to, collocation on existing mounts, the replacement/retrofitting of existing lighting standards/poles, and placement at public utility water tanks or remote TVA transmission towers.

(1)

Buffer/screening provisions. Existing natural vegetation surrounding the mount shall remain undisturbed to the greatest extent possible. Ground-mounted PWSF facilities (including any required security barrier) should be surrounded by dense tree growth around the mount for a radius equal to 110 percent of the height of the ground mount. In absence of suitable existing trees, new trees may be planted to meet this requirement. Any landscaping intended to meet this requirement shall meet or exceed the following standards. The planning commission may waive this requirement if it determines that the PWSF is adequately disguised or camouflaged without additional landscaping:

a.

At least one row of evergreen shrubs capable of forming a continuous hedge at least five feet high at planting and spaced not more than 7½ feet apart shall be planted around the perimeter of any required security barrier. An additional row of evergreen shrubs, at least four feet in height at planting and spaced not more than ten feet apart, shall be located in front of the primary landscape hedge.

b.

For new ground mounts that are greater than 100 feet in height, at least two rows of deciduous and evergreen trees shall be planted outside of the dual hedges of evergreen shrubs required by this section. The trees shall be not less than three caliper inches in diameter as measured six inches above grade, and spaced not more than 40 feet apart with each row offset from the adjacent row(s) of trees or shrubs by 20 feet. The outer row of trees shall be on the outer radius of the fall zone.

c.

Any equipment located outside the security barrier shall be screened from view by a surrounding hedgerow of evergreen shrubs spaced not more than five feet apart, with the plantings at least five feet in height at the time of planting.

d.

In addition to the use of landscaping, walls, fences and other natural topographic or physical features may be used as a substitute for the required screening if, in the opinion of the planning commission, the alternative plan meets the intent and purpose of this section.

e.

Any and all plantings and other features used to screen the mount shall be maintained at all times and promptly replaced with similar plantings and materials as may be needed to comply with the requirements herein during the life of the installation.

(2)

Access and off-street parking. The planning commission, upon review and recommendation by the planning and codes department, shall establish parking requirements and the location and method of vehicle access from a public utility or PWSF to public streets. The plan shall comply with vehicle access control and off-street parking regulations in the zoning ordinance.

(3)

Lighting. If required for safety and security purposes, any outdoor lighting shall be arranged so as to minimize glare and reflection into adjacent residential properties and public streets. The planning commission may require the submission of a lighting plan by a qualified professional engineer to ensure that the illumination of outside lighting as designed and installed does not exceed three footcandles, measured 30 feet from the PWSF mount or the perimeter of a public utility facility. Mounts shall not be artificially lit with red lighting or strobe lights unless required by the Federal Aviation Administration or other federal or state authority.

(4)

Security barriers. A security barrier shall be required around the perimeter of any ground-mounted PWSF, related equipment shelter, and any anchor points. In the case of a roof-mounted PWSF, a security barrier shall be required to prevent public access to the antenna and exposed equipment. No security barrier shall be required around any structure mounted PWSF and related equipment, provided the placement and design precludes public access to exposed equipment and the antenna array. The provider and/or mount owner shall maintain the security features during the life of the installation. The application shall identify the party to be responsible for maintaining the security barriers.

(5)

Signs. The use of signs shall be minimized to the greatest extent possible. No signs shall be permitted at any public utility or PWSF site other than for owner identification with contact phone numbers and for public safety purposes as may be required by federal or state agencies. No single sign shall be larger than two square feet, unless otherwise required.

(6)

Erosion control and stormwater management. The control of erosion during development and the design of a drainage system suitable to handle future stormwater runoff from the installation shall comply with the requirements of article IV of this chapter, the city's subdivision regulations and all other applicable requirements.

(7)

Exterior treatment. All PWSF equipment shelters and public utility buildings that are visible to the public shall be designed and constructed of materials so as to be architecturally compatible with the architectural character of the surrounding area.

(8)

Noise. In instances where the planning commission determines that a new public utility installation or PWSF may create objectionable noise or a nuisance to any adjacent property, additional sound buffers or other physical features shall be required to mitigate the noise.

(9)

Public safety communications interference. No new or existing PWSF shall interfere with public safety communications. If a potential problem is identified, the planning commission may require applicants for new or modified PWSF to provide a technical evaluation study under the city's direction to identify any potential interference to public safety communications from existing and proposed transmissions and implement corrective solutions to resolve the problem.

(Ord. No. 2001-02, § 1, 5-29-2001)

The following provisions shall apply to consideration and approval of any application for a PWSF:

(1)

Submission by provider. Applications for a PWSF shall be submitted by a personal wireless service provider; provided further that applications for a tower shall be submitted by a licensed provider. An application for a PWSF other than a tower will be accepted from an unlicensed provider only if no license is required by the FCC for the services to be offered by the provider. An application from a tower builder will be accepted only if a provider is a coapplicant for the PWSF permit. The written consent of the owner of the property on which the PWSF is to be constructed must be evidenced in the application, except for a PWSF in the public right-of-way.

(2)

Submittal standards. An application for a permit for construction, repair or modification of any public utility or PWSF shall be submitted on forms provided by the planning and codes department. The form shall address the performance, technical and general development standards and requirements of this article. The department may require additional information or clarification of responses deemed incomplete to properly evaluate the application.

(3)

Procedure for review. All applicants shall have at least one preapplication meeting with the planning and codes department prior to formal submission of an application. Within 30 days of formal receipt of an application, the department will inform the applicant if the application is complete. If the application is complete, it shall be placed on the next planning commission agenda for formal consideration. If the application is incomplete, a letter shall be sent to the applicant, identifying items that should be addressed and clarified to ensure compliance with the standards of this article and proper consideration. If the requested information is not received by the planning and codes department within 60 days, the applicant will be notified in writing that the request will not be considered any further and that the case is formally closed. In such cases, the applicant may reapply using the same procedure no sooner than six months following notice of case closure.

(4)

Tier three alternatives analysis. Any application for a tier three location shall include an analysis of at least two alternatives in tier one and tier two locations for the provision of the proposed PWSF service. In addition, the planning and codes department may direct the applicant to provide an analysis of additional locations which the department believes to be reasonable alternatives. The analysis should minimally address the following items:

a.

Core differences. The analysis should identify measurable differences between the alternatives and the proposed PWSF, such as height, number of mounts required, site, siting, size and design.

b.

Comparison of original proposal to alternatives. The applicant shall also provide sufficient information to compare the proposed PWSF to the alternatives in regard to the following items:

1.

Effort and opportunity to provide a PWSF within the scale of structures and land uses in the immediate area, as exhibited in relative height, mass or proportion to the proposed surroundings.

2.

Visual elements compared to the surrounding background, including use of similar or alternative materials, colors, textures, camouflage and screening.

3.

Amount and diversity of screening for the PWSF, including innovative landscaping treatments, maintaining natural vegetation and creative use of manmade features.

4.

Efforts to avoid and preserve scenic areas with the installation of the PWSF, including entrance and travel corridors, and visible open space and hillsides.

c.

Assessment of proposal and alternatives. The planning and codes department shall assess and compare the tier three proposal with each alternative based on the performance criteria in this article, and shall provide a written report to the planning commission for consideration prior to the planning commission's decision on issuance of a permit and at what site.

(5)

Fees. The city manager shall establish reasonable fees to recover the cost of all staff time and other expenses associated with the proper review and processing of applications under this article. No application shall be considered until the application fee is paid. In more complex or sensitive location applications, the city shall have the right to retain independent technical consultants and experts to assist the staff and planning commission in the proper evaluation and assessment of the proposal. In such cases, the planning commission shall consider no application until the applicant pays for the cost of the additional technical assistance to the city.

(6)

Performance and maintenance security. A security acceptable to the city shall be required prior to the issuance of a permit for any PWSF. The purpose of the security is to ensure proper construction according to approved plans and ongoing compliance with the general development provisions of this article. In addition, a security shall be required to ensure the removal of the mount and related equipment in the event PWSF use is abandoned. The amount of security shall be established by the planning and codes department and shall be adjusted periodically to cover the current cost of ongoing maintenance and removal after abandonment of the PWSF use.

(7)

Time limitation. A permit approved under this article shall be valid for a period not to exceed 12 months. If substantial construction on the principal structure has not begun within 12 months, the approval shall expire and the applicant may not commence construction until a new application is submitted and approved, based on the latest provisions of this article. Substantial construction shall include construction of the foundation, or placement of the antenna array where no foundation is required.

(Ord. No. 2001-02, § 1, 5-29-2001)

The operation of each PWSF shall be monitored by the city. Any permitted PWSF installation shall satisfy the following requirements:

(1)

Annual reporting. On or before January 1 of each year, each provider and authorized tower owner shall file an annual written report to the planning and codes department, minimally outlining the location and status of all PWSF in the city. The report shall also disclose the presence of any hazardous materials at the site and compliance with FCC guidelines on radio frequency radiation emissions. The department shall establish in writing minimum reporting standards for the annual report and may require additional information as may be needed to fully assess the status of operations.

(2)

Periodic inspection. Each provider and tower owner shall conduct an inspection of mounts following completion of construction and at least once every four years thereafter. Upon completion, a statement from a qualified licensed professional engineer shall be provided to the planning and codes department verifying the structural integrity of the mount and identification of all providers operating from the mount. If the report indicates the need for repair, the work shall be accomplished within 60 days from receipt of the report.

(3)

Abandonment and removal. Any PWSF and mount that is not operated or used for a continuous period of 18 months shall be considered abandoned. In such cases, the owner shall remove the PWSF, including associated mounts and equipment, within 90 days after notice from the city. If such PWSF is not removed within said 90 days, the city may have the PWSF removed at the expense of the owner.

(4)

Relocation of PWSF in right-of-way. Any PWSF permitted in the public right-of-way shall be relocated at the expense of the PWSF's owner in the event relocation is required due to roadway or city utility improvements.

(Ord. No. 2001-02, § 1, 5-29-2001)