Coweta County Unincorporated
City Zoning Code

ARTICLE 6B

WIRELESS TELECOMMUNICATIONS AND FACILITIES.

The Telecommunications Act of 1996 affirmed the authority of Coweta County concerning the placement, construction and modification of wireless telecommunications facilities. Coweta County finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character and environment of the county and its inhabitants.

Coweta County also recognizes that facilitating the development of wireless service technology can be an economic development asset to the county and of significant benefit to the county and its residents. In order to ensure that the placement, construction or modification of wireless telecommunications facilities is consistent with its land use policies, the county is adopting a single, comprehensive wireless telecommunications facilities application and permit process. The intent of this article is to minimize impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of the visual and environmental impacts of such facilities, and protect the health, safety and welfare of county residents.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.1.- Title.

This article shall be known and may be cited as the "Wireless Telecommunications Towers and Facilities Ordinance of Coweta County, Georgia," and may referred to as the 'wireless telecommunications ordinance".

(Ord. No. 057-19, 12-5-19)

Sec. 6B.2. - Severability.

This chapter is declared to be severable in accordance with the following:

If any word, phrase, sentence, part, section, subsection, or other portion of this article or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.

Any special use permit issued under this article shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon determination by the board of commissioners.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.3. - Definitions.

For purposes of this section, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When consistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

Accessory equipment means any equipment serving or being used in conjunction with a wireless facility or wireless support structure and includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, and storage sheds, shelters, or similar structures.

Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment storage sheds or cabinets.

Administrative approval means approval that the director or his designee is authorized to grant after administrative review.

Administrative review means the non-discretionary evaluation of an application by the director or his designee as identified herein. This process is not subject to a public hearing.

Antenna means communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services, including all on-site equipment and any device used to collect or radiate electromagnetic waves for the provision of any licensed or authorized personal wireless service, including, but not limited to, directional antennas such as panels, microwave dishes and satellite dishes, omni-directional antennas such as whips, antenna used in small cell, microcell and distributed antenna systems, and other comparable equipment.

Antenna support structure means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.

Applicant means any wireless service provider submitting an application for a special use permit for wireless telecommunications facilities.

Application means a formal request submitted to the local governing authority to construct or modify a wireless support structure or a wireless facility. An application shall be deemed complete when all documents, information, and fees specifically enumerated in the local governing authority's regulations, ordinances, and forms pertaining to the location, construction, modification, or operation of wireless facilities are submitted by the applicant to the authority.

Attached wireless telecommunications facility (attached WTF) means an antenna that is attached to an existing building or structure (attachment structure); said structures shall include but not be limited to utility poles, light poles, buildings, etc. with any accompanying pole or device (attachment device) which attaches the antenna to the existing building or structure and associated connection cables, and any equipment facility which may be located either inside or outside of the attachment structure.

Camouflage or stealth means disguising a tower or wireless telecommunications facility so as to make it less visually obtrusive and not recognizable to the average person as a wireless telecommunications facility.

Collocation means the placement or installation of new wireless facilities on previously approved and constructed wireless support structures, including monopoles and towers, both self-supporting and guyed, in a manner that negates the need to construct a new freestanding wireless support structure. Such term includes the placement of accessory equipment within an existing equipment compound.

Commercial impracticability or commercially impracticable means the inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a financial return on investment or profit deemed satisfactory by an applicant may be considered, but, standing alone, shall not deem a situation to be "commercial impracticable" and shall not in and of itself render an act or the terms of an agreement "commercially impracticable".

Completed application means an application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.

Commission means the Coweta County Board of Commissioners.

DAS facility or DAS facilities means distributed antenna systems, microcell facility, and small cell facility characterized by small antennas and equipment cabinets located on a small diameter monopole, an existing or replacement street light, power pole, sign or other suitable structure, or on an existing building. A DAS facility is designed to blend in with the existing physical environment and minimize visual impacts.

Equipment compound means an area surrounding or adjacent to the base of a wireless support structure within which accessory equipment is located.

Existing structure means a previously erected support structure or any other structure to which wireless telecommunications facilities can be attached.

FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.

FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.

Height means, when referring to a tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.

Local governing authority means a municipality or county that has adopted land use or zoning regulations for all or the majority of land uses within its jurisdiction or has adopted separate regulations pertaining to the location, construction, modification, or operation of wireless facilities.

Major modification means improvements to existing wireless telecommunications facilities or support structures that result in a substantial change to the facility or structure. Examples of major modifications include, but are not limited to, modifications that increase the height of the support structure or expand the physical size of the structures or expand the physical size of the equipment compound. Collocation of new wireless telecommunications facilities on an existing support structure without replacement of the structure shall not constitute a major modification.

Minor modification means improvements to existing wireless telecommunications facilities and support structures that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a major modification. Examples of minor modifications include, but are not limited to, repair and/or replacement of existing antennas, switching stations or electrical components.

Modification or modify means the improvement, upgrade, expansion, or replacement of existing wireless facilities on an existing wireless support structure or within an existing equipment compound, provided such improvement, upgrade, expansion, or replacement does not increase the height of the wireless support structure or increase the dimensions of the equipment compound.

Monopole means a single, freestanding pole-type wireless telecommunications facility structure supporting one or more antenna.

Mount means the structure or surface upon which wireless telecommunications facilities are mounted. There are three types of mounts:

Building mount. A wireless telecommunications facility mount fixed to the roof or side of or within a building.

Ground mount. A wireless telecommunications facility mount fixed to the ground, such as a tower.

Structure mount. A wireless telecommunications facility fixed to or within a structure other than a building, such as light standards, utility poles, water towers and bridges.

Need means anything that is technically required for the wireless service to be provided primarily and essentially within Coweta County and creates the least physical and visual impact. This does not necessarily mean the internal design standards of the applicant, as companies' standards can vary greatly and normally reflect preferences. Rather, "need" relates to the ability of the user-equipment to function as designed.

NIER means nonionizing electromagnetic radiation.

Ordinary maintenance means ensuring that wireless telecommunications facilities and support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a support structure's foundation or of the support structure itself.

Person means any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.

Personal wireless facility. See definition for "wireless telecommunications facilities."

Personal wireless services or PWS or personal telecommunications service or PTS shall have the same meaning as defined and used in the 1996 Telecommunications Act.

Pre-existing support structures and antennas means any wireless telecommunications facility support structure or antenna for which a permit has been properly issued prior to the adoption of this article.

PROW or poles in right-of-way means existing and/or new utility poles placed in the county right-of-way to accommodate wireless telecommunication facilities. (This definition is reserved for future legislatively directed code governing 5G small cell deployment utilizing structures placed in right of way locations).

Repairs and maintenance means the replacement or repair of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.

Replacement means constructing a new wireless telecommunications facility support structure of proportions and of equal height or such other height as would be allowed under the definition of minor modification to a pre-existing support structure in order to support a wireless telecommunications facility or to accommodate collocation and removing the pre-existing support structure.

Site shall mean and refer to the current boundaries of the leased or owned property surrounding the location of wireless telecommunications facilities and any access or utility easements currently related to the site, and, for other eligible support structures, shall mean and be further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

Special use permit means the official document or permit by which an applicant is allowed to file for a building permit to construct and use wireless telecommunications facilities as granted or issued by the community development director and/or building department.

Stealth or stealth technology means to minimize 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 a wireless telecommunications facility, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances. Stealth technology expressly includes such technology as DAS or its functional equivalent.

State means the State of Georgia.

Stealth or camouflage means disguising a tower or wireless telecommunications facility to make it less visually obtrusive and not recognizable to the average person as a wireless telecommunications facility.

Support structure(s) means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio or transmission towers, microwave towers, common carrier towers, cellular phone towers, alternative structure towers and the like.

Telecommunications means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

Telecommunication site See definition for "wireless telecommunications facilities."

Telecommunications structure means a structure used in the provision of services described in the definition of "wireless telecommunications facilities."

Temporary means temporary in relation to all aspects and components of this section, something intended to, or that does, exist for fewer than 90 days.

Tower means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.

Transmission equipment shall mean and refer to equipment that facilitates transmission for any personal wireless services, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies, and equipment associated with personal wireless services, including, but not limited to, unlicensed and licensed or authorized by the FCC, private, broadcast, and public safety services, as well as fixed wireless services such as wireless backhaul.

Utility pole means a utility pole or a utility pole in an identical or nearly identical location as an existing utility pole and which serves to replace an existing utility pole.

Wireless facility means the set of equipment and network components, exclusive of the underlying wireless support structure, including antennas, transmitters, receivers, base stations, power supplies, cabling, and accessory equipment, used to provide wireless data and telecommunication services.

Wireless support structure means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing or alternative structure designed to support or capable of supporting wireless facilities. Such term shall not include any electrical utility pole or tower used for the distribution or transmission of electrical service.

Wireless telecommunications facilities mean and includes a telecommunications site and personal wireless facility. It means a structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types, kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters, and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4. - Overall policy and desired goals for special use permits for wireless telecommunications facilities.

In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the 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 section, the county hereby adopts an overall policy with respect to a special use permit for wireless telecommunications facilities for the express purpose of achieving the following goals:

Requiring a special use permit for any new, or height modification or attachment to a structure other than an existing tower of a wireless telecommunications facility.

Implementing an application process for person(s) seeking a special use permit for wireless telecommunications facilities.

Establishing a policy for examining an application and issuing a special use permit for wireless telecommunications facilities that is both fair and consistent.

Promoting and encouraging, wherever possible, the sharing and/or colocation of wireless telecommunications facilities among service providers.

Requiring, promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner, including, but not limited to, the use of stealth technology, to minimize 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.

In granting a special use permit, the county has found that the facility shall be the most appropriate site if such site is the least visually intrusive among those available in the county.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.1. - Exceptions from a special use permit for wireless telecommunications facilities.

No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of a wireless telecommunications facility as of the effective date of this article without having first obtained a special use permit and/or administrative approval as defined herein, whichever is applicable.

Notwithstanding anything to the contrary, wireless telecommunications facilities that existed on or before the effective date of this article shall be allowed to continue as they presently exist, provided however, that any visible modification of an existing wireless telecommunications facility will require the complete facility, including the tower if applicable, and any new installation to comply with this article, as will anything changing the structural load.

Normal repair and maintenance associated with an existing wireless telecommunications facility does not require an application for a special use permit. However, additional construction or site modification to an existing facility will not be permitted without first obtaining a special use permit.

Notwithstanding any other provisions of this article, the collocation and/or shared use of antennas on existing telecommunication towers or other tall structures or compatible use structures, such as utility poles, water towers, and other towers, shall be exempt from the public hearing requirement otherwise required for a tower and shall be subject only to an administrative review process as set forth herein.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.2. - Exclusions and exemptions.

The following shall be exempt from this article:

The county's fire, sheriff's or other public service facilities owned and operated by the county.

Any facilities expressly exempt from the county's siting, building and permitting authority.

Over-the-air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that receive and transmit fixed wireless signals that are primarily used for reception, but not including microwave dishes.

Facilities used exclusively for private, noncommercial radio and television reception and private citizen's bands, licensed amateur radio and other similar noncommercial telecommunications.

Facilities used exclusively for providing unlicensed spread spectrum or networking technologies such as IEEE 802.11a, 802.11b/g/n and/or 802.11ac wireless standards (collectively known as WiFi technologies, Bluetooth, etc.) where the facility does not require a new tower.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.3. - Special use permit submittal requirements applicable to all applications.

The information below shall be provided as a part of each special use permit application. Dependent on the type of wireless telecommunications facility being proposed, the information that follows this section may also be may be needed to fully review each request.

All applications for a special use permit shall comply with the requirements set forth herein. The zoning, building and licensing division is the officially designated agency or body of the county to whom applications must be made and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting or revoking special use permits.

The board of commissioners may at its discretion delegate or designate the board of zoning appeals, other agencies or officials of the county, and/or expert consultants to accept, review, analyze, evaluate and make recommendations to the board of commissioners with respect to the granting, not granting, or revoking special use permit applications.

A nonrefundable application fee as set forth within the county's schedule of fees shall be submitted with each application.

To prevent county taxpayers from having to pay for technical assistance that may be needed to review the application, the applicant shall place an escrow deposit with the county as set forth within the schedule of fees. After all invoices have been paid and the certificate of completion or occupancy has been granted, any unexpended balance of the escrow deposit shall be returned to the applicant.

All applicants shall closely follow the submittal instructions provided at the pre-submittal meeting. Not following the instructions without permission to deviate from such may result in the application being returned without action and forfeiting the application fee, but not the escrow deposit.

When placing wireless facilities on government-owned property or facilities, only noncommercial wireless carriers and users are exempt from the permitting requirements of this section.

The county may reject applications not meeting the requirements stated herein or which are otherwise not complete.

No wireless telecommunications facilities shall be installed, constructed or modified until the application is reviewed and approved and the special use permit and/or building permit has been issued by the county.

Any and all representations made by the applicant to the county on the record during the application process, whether written or verbal, shall be deemed a part of the application and will be deemed to have been relied upon in good faith by the county. Any verbal misrepresentation shall be treated as if it were made in writing.

An application for a special use permit shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information.

The applicant must provide documentation to verify it has the right to proceed as proposed on the site. This requires an executed copy of the lease with the landowner or landlord or a signed letter of agency acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required.

The application shall include a statement indicating:

The proposed wireless telecommunications facilities shall be maintained in a safe manner and in compliance with all conditions of the special use permit, without exception, unless specifically granted relief by the county in writing, as well as all applicable and permissible local codes, ordinances and regulations, including any and all applicable county, state and federal laws, rules and regulations; and,

ii.

The construction of the wireless telecommunications facilities is legally permissible including, but not limited to, the fact that the applicant is authorized to do business in the state.

Where a certification is called for in this section, such certification shall bear the signature and seal of a professional engineer licensed in the state.

In addition to the items above, applications for a new wireless telecommunications facility and/or modification of an existing facility shall contain the information below.

Note that a special use permit will be granted for anything the applicant can conclusively prove the technical need for. For purposes of permitting under this article, "need" shall mean what is technologically needed for the equipment to function as designed by the manufacturer and that anything less will result in prohibiting or acting in a manner that prohibits the provision of service as intended and described in the narrative of the application.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.4. - Constructing a new tower and/or increasing the height of an existing structure to be attached to.

Proof of need for the facility.

A detailed narrative description and explanation of the specific objective(s) for the new facility and/or modifications to the structure being attached to, expressly including and explaining the purpose and need for the facility, such as coverage and/or capacity needs or requirements, and the specific geographic area of intended coverage;

ii.

Technical documentation that proves the need for the wireless telecommunications facility to provide service primarily and essentially within the county. Such documentation shall include a propagation study of the proposed site and all adjoining planned, proposed or existing sites, that demonstrates a significant gap in coverage and/or, if a capacity issue is involved, to include an analysis of the current and projected usage (traffic studies) using generally accepted industry methods and standards so as to conclusively prove the need for what is proposed. A desire to change, upgrade, or improve the technology or the service shall not be deemed a need in the context of this section;

iii.

All of the modeling information (i.e., data) inputted into the software used to produce propagation studies, including, but not limited to any assumptions made, such as ambient tree height;

iv.

A copy of the FCC license applicable for the intended use of the wireless telecommunications facility, as well as a copy of the five- and ten-year build-out plan required by and filed with the FCC;

The frequency, modulation and class of service of radio or other transmitting equipment;

vi.

The maximum transmission power capability of all radios, as designed, if the applicant is a cellular or functional equivalent carrier, or the maximum transmission power capability, as designed, of all transmission facilities if the applicant is not a cellular or functional equivalent carrier:

vii.

The actual intended transmission power stated as the maximum effective radiated power (ERP) both in dBm's and watts;

Ownership and management.

The name, address and phone number of the person preparing the application;

ii.

The name, address, and phone number of the property owner and the applicant, including the legal name of the applicant. If the owner of the structure is different than the applicant, the name and all necessary contact information shall be provided;

iii.

The postal address and tax map parcel of the property;

iv.

A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;

Zoning and site information.

The zoning district or designation in which the property is situated;

ii.

The size of the property on which the structure to be attached to is located, stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;

iii.

The location, size and height of all existing and proposed structures on the property on which the structure is located and that is the subject of the application;

iv.

If attaching to an existing tower, a site plan showing the vertical rendition of the tower identifying all users and attachments to the tower and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;

If attaching to a building or other structure, a site plan showing the proposed attachments and all related fixtures, structures, appurtenances and apparatus, including height above the roof or balustrade, whichever is appropriate;

vi.

The azimuth, size and center line height location of all proposed and existing antennas on the supporting structure;

vii.

The number, type and model of the antenna(s) proposed, along with a copy of the specification sheet(s) for the antennas; the type, locations and dimensions of all proposed and existing landscaping, and fencing;

viii.

The number, type and design of the telecommunications tower(s) and antenna(s) proposed and the basis for the calculations of the telecommunications tower's capacity to accommodate multiple users;

ix.

The applicant shall disclose in writing any agreement in existence prior to submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs;

Safety requirements.

If attaching to an existing tower, the age of the tower in years, including the date of the grant of the original permit or authorization for the tower;

ii.

If attaching to an existing tower, a description of the type of tower, e.g. guyed, self-supporting lattice or monopole;

iii.

iv.

If any change or modification of the tower or other structure to be attached to is needed, a detailed narrative explaining what changes are needed, why they are needed and who will be responsible to assure that the changes are made;

If the structure proposed to be attached to is a tower that has not previously been permitted by the county, or unless the applicant can provide proof that this was provided at the time of the initial application for the tower or other structure, the applicant shall provide a copy of the installed foundation design, as well as a geotechnical subsurface soils investigation, evaluation report and foundation recommendation for the tower site or other structure;

vi.

If increasing the height of an existing structure, or a tower that is five years old or older, or for a guyed tower that is three years old or older, a copy of the latest ANSI report done pursuant to the latest edition of ANSI-EINTIA 222G - Annex E for any self-supporting tower. If an ANSI report has not been done pursuant to the preceding schedule, an ANSI report shall be done and submitted as part of the application. No building permit shall be issued for any wireless facility where the structure being attached to is in need of remediation, unless and until all remediation work needed has been completed or a schedule for the remediation work has been approved by the building official and/or community development director;

vii.

If not attaching to an existing tower, a structural report signed by a professional engineer licensed to do business in the state and bearing that engineer's currently valid stamp, showing the structural adequacy of the structure to accommodate the proposed wireless facility(ies), including any equipment shelter, unless the equipment shelter is located on the lowest floor of a building;

viii.

If attaching to a structure and thereby increasing the height of the structure, other than a tower, to which the public has or could reasonably have or gain access to, documentation shall be provided, including all calculations, proving that the potential exposure to RF radiation (i.e. NIER or non-ion-emitting radiation), will be in compliance with the most recent Federal Communications Commission regulations governing RF radiation and exposure thereto, and further denoting the minimum distance from any antennas an individual may safely stand without being exposed to RF radiation in excess of the FCC's permitted standards and any portion(s) of the structure that would be exposed to RF radiation in excess of the FCC's permitted standards. In compliance with the FCC's regulations, in such an instance the RF radiation from all wireless facilities at that location shall be included in the calculations to show the cumulative effect on any area of the building or structure deemed accessible by the public or workers. Such report or analysis shall be signed and sealed by a professional engineer licensed in the state; or

ix.

If any section or portion of the structure to be attached to is not in compliance with FCC regulations regarding RF radiation, that section or portion must be barricaded with a suitable barrier to prevent access into the area exceeding these regulations. The area shall be marked off with yellow and black plastic chain and striped warning tape as well as placing RF radiation signs as needed and appropriate to warn individuals of the potential danger;

A signed statement that the applicant will expeditiously remedy any physical or RF interference with other telecommunications or wireless devices or services;

xi.

In any instance where the new wireless facilities will be ten meters or more above ground level, signed documentation shall be provided to verify that the wireless telecommunication facility will be in full compliance with the current FCC's RF emissions regulations. If not categorically excluded, a complete RF emissions study, including all calculations, is required;

xii.

In certain instances, the county may require the submittal of an RF survey prepared under the direction of the county or its designee after the construction and/or modification and activation of the facility, including the submittal of an un-redacted copy of the survey results with all calculations;

xiii.

The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, indicating the new tower or existing structure supporting the wireless telecommunications facilities is in compliance with FAA Regulation Part 77. The analysis shall also indicate whether or not the facility requires lighting.

This requirement shall also be for any existing structure or building where the application increases the height of the structure or building. If this analysis determines that an FAA determination is required, then all filings, responses and related correspondence with the FAA shall be provided with the application.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.4.1. - Additional submittal requirements for constructing a new tower.

In the case of a new tower, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the county that are at or above the surrounding tree height or the tallest obstruction and are within one mile of the proposed tower. Copies of written requests and responses for shared use shall be provided to the community development director as a part of the application, along with any letters of rejection stating the reason for rejection.

To better inform the public, the applicant shall schedule a "balloon test" prior to the initial public hearing on the application. The applicant shall arrange to fly or raise upon a temporary mast, a minimum of ten feet in length, a brightly colored balloon at the maximum height of the proposed new tower in accordance with the following:

At least 14 days prior to conducting the balloon test, a sign shall be erected so as to be clearly visible from the road nearest the proposed site and shall be removed no later than 14 days after the conduct of the balloon test. The sign shall be at least four feet by eight feet in size and shall be readable from the road by a person with 20/20 vision.

ii.

The sign shall be placed off, but as near to, the public right-of-way as is possible.

iii.

The sign shall contain the times and date(s) of the balloon test as well as a copy of the proposed site plan.

iv.

The dates, (including a second date in case of poor visibility or wind in excess of 15 mph on the initial date) times and location of this balloon test shall be advertised by the applicant no less than seven and 14 days in advance of the first test date in a newspaper with a general circulation in the county and as agreed to by the county.

The applicant shall inform the county in writing of the dates and times of the test at least 14 days prior to the scheduled balloon test. The balloon shall be flown for at least four consecutive hours on the dates chosen. The primary date shall be on a weekend, but the second date, in case of poor visibility on the initial date, may be on a weekday. A report with pictures from various locations of the balloon shall be provided with the application.

The applicant shall notify all property owners and residents located within 1,500 feet of the nearest property line of the subject property where the wireless telecommunications facilities will be constructed indicating the date(s) and time(s) of the balloon test. Such notice shall be provided at least 14 days prior to the conduct of the balloon test and shall be delivered by U.S. Certified Mail.

The tower shall be structurally designed to accommodate at least four additional antenna arrays equivalent to those of the applicant as regards the load and stress created on the tower and located as close to the applicant's antenna as possible without causing interference. A claim of interference because of a need to have greater than six feet of vertical clearance between facilities, measured from the vertical centerline of one array to the vertical centerline of another must be proven by technical data and not merely verbal or written assertions. This requirement may be waived provided that 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:

The kind of wireless telecommunications facilities site and structure proposed;

ii.

Available space on existing and approved towers;

iii.

The need for more than six feet of vertical clearance between antenna arrays, measured from the vertical centerline of one array to the vertical centerline of another, such that there would not be adequate vertical space to accommodate a total of four carriers.

The owner of a 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:

Respond within 60 days to a request for information from a potential shared-use applicant;

ii.

Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers; and,

iii.

Failure to abide by the conditions outlined above may be grounds for revocation of the special use permit.

The applicant shall provide certification with documentation (i.e. structural analysis) including calculations that the telecommunication facility tower and foundation and attachments, rooftop support structure, privately owned water tank structure, or any other supporting structure as proposed to be utilized are designed and will be constructed to meet all local, state and federal structural requirements for loads, including wind and ice loads and including, but not limited to all applicable ANSI (American National Standards Institute) guidelines.

All proposed wireless telecommunications facilities shall contain a demonstration that the facility be sited so as to create the least visual intrusiveness reasonably possible given the facts and circumstances involved, and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the wireless telecommunications facility. The county expressly reserves the right to require the use of stealth or camouflage technology or techniques such as DAS (distributive antenna system technology) or its functional equivalent to achieve this goal and such shall be subject to approval by the board of commissioners.

If the application is for a new tower or a new antenna attachment to an existing structure other than a tower, or for a modification that noticeably changes the appearance of the structure, the applicant shall furnish a visual impact assessment, which shall include:

A computer generated "zone of visibility map" at a minimum of one-mile radius from the proposed structure shall be provided to illustrate locations from which the proposed installation may be seen, with and without foliage;

ii.

Pictorial representations (photo simulations) of "before and after" views from key viewpoints inside of the county as may be appropriate and required, 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 the pre-application meeting. The applicant shall provide a map showing the locations of where the pictures were taken and the distance(s) of each location from the proposed structure;

iii.

A written description of the visual impact of the proposed facility, including, as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.

The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility. Additional screening may be required at the discretion of the board of commissioners.

The wireless telecommunications facility and any and all accessory 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. This shall include the utilization of stealth, camouflage or concealment technology as may be required by the board of commissioners.

All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.

At a wireless telecommunications facilities 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 to assure minimal visual disturbance and reduce soil erosion. The entrance shall conform to article 24, subsection 246.5.2(d) of this section.

All wireless telecommunications facilities shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with all current applicable technical, safety and safety-related codes adopted by the county, state, or United States, including, but not limited to, the most recent editions of the ANSI Code, 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 Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, conservation, viewshed and land use codes. In the event of a conflict between or among any of the preceding the more stringent shall apply.

A holder of a special use permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, ordinance, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the county or other governmental entity or agency having jurisdiction over the applicant.

There shall be a pre-application meeting for all intended applications for all new towers or wireless support structures. The purpose of the pre-application meeting will be to address issues that will help to expedite the review and permitting process and certain issues or concerns the county may have. A pre-application meeting shall also include a site visit, if there has not been a prior site visit for the requested facility. Costs of county consultants to prepare for and attend the pre-application meeting will be borne by the applicant and paid for out of the required escrow deposit.

An applicant shall submit to the county the number of completed applications determined to be needed at the pre-application meeting. However, applications will not be provided to the county, other than for staff, until the application is deemed complete.

If the proposed tower or wireless support structure is within three miles of another municipality or county, the community development director shall provide written notification to the legislative body of all such adjacent municipalities and or counties as required.

The holder of a special use permit shall notify the county of any intended modification of a wireless telecommunication facility and shall apply to the county to modify, relocate or rebuild a wireless telecommunications facility.

An application to increase the height of a tower or other structure in excess of 20 percent or if the proposed increase in height violates fall zone requirements, it shall be deemed a new structure and shall not qualify for treatment as an attachment to an existing tower or other structure under this section.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.5. - Collocating on an existing tower or other support structure without increasing the height or width of the tower or the structure being attached to, or increasing the dimensions of the equipment compound.

Proof of need for the facility.

The board of commissioners encourages and requires co-location wherever possible. Accordingly, proof of need shall not be required as a part of and in support of an application for collocation unless the community development director determines that one or more of the following circumstances exist:

The proposed collocation would increase the height or width of the tower or structure being attached to; or

ii.

The proposed collocation would increase the amount of land used to accommodate the support structure and related equipment enclosures or cabinets.

Should the community development director find that one or more of the foregoing circumstances exists, they may deem a collocation application to be incomplete and require an applicant to supplement and/or amend its application to satisfy the requirements identified within this article.

Ownership and management.

The name, address and phone number of the person preparing the application;

ii.

iii.

The postal address and tax map parcel number of the property;

iv.

A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.

Zoning and site information.

The zoning district or designation in which the property is situated;

ii.

The size of the property on which the structure to be attached to is located, stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;

iii.

The location, size and height of all existing and proposed structures on the property on which the structure is located and that is the subject of the application;

iv.

vi.

The azimuth, size and center line height location of all proposed and existing antennae on the supporting structure; and,

vii.

The number, type and model of the antenna(s) proposed, along with a copy of the specification sheet(s) for the antennas.

Safety requirements.

If attaching to an existing tower, the age of the tower in years, including the date of the grant of the original permit or authorization for the tower;

ii.

If attaching to existing tower, a description of the type of tower (e.g., guyed, self-supporting lattice or monopole);

iii.

If attaching to an existing tower, the make, model, type and manufacturer of the tower and the structural design calculations, certified by a professional engineer licensed in the state, certifying and adequately demonstrating to the county a tower's capability to safely accommodate the facilities of the applicant without change or modification, taking into account the geotechnical situation and the foundation design; the proposed collocation shall not exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state;

iv.

If any change or modification to the tower or other structure to be attached to is needed, a detailed narrative explaining what changes are needed, why they are needed and who will be responsible to assure that the changes are made;

If the structure proposed to be attached to is a tower that has not previously been permitted under this article, or unless the applicant can provide proof that this was provided at the time of the initial application for the tower or other structure, the applicant shall provide a copy of the installed foundation design, as well as a geotechnical subsurface soils investigation, evaluation report and foundation recommendation for the tower site or other structure;

vi.

If attaching to an existing tower, a copy of the latest ANSI inspection report (Structural Analysis) done pursuant to the latest edition of ANSI-EIA/TIA 222G—Annex E for any self-supporting tower that is five years old or older or for any guyed tower that is three years old or older must be provided. If an ANSI inspection report has not been done completed pursuant to the preceding schedule, an ANSI report shall be done and submitted as part of the application;

vii.

If not attaching to an existing tower, but rather a different type of structure, a structural report signed by a professional engineer licensed to do business in the state and bearing that engineer's currently valid stamp, showing the structural adequacy of the structure to accommodate the proposed wireless facility(ies), including any equipment shelter, unless the equipment shelter is located on the ground or on the lowest floor of a building;

viii.

If attaching to a structure other than a tower, Poles in the Right of Way (PROW) for example, to which the public has or could reasonably have or gain access to, an applicant shall provide documentation, including all calculations, proving that the potential exposure to RF radiation (i.e., NIER or non-ion-emitting radiation), will be in compliance with the most recent Federal Communications Commission regulations governing RF radiation and exposure thereto, and further denoting the minimum distance from any antennas an individual may safely stand without being exposed to RF radiation in excess of the FCC's permitted standards and any portion(s) of the structure that would be exposed to RF radiation in excess of the FCC's permitted standards. In compliance with the FCC's regulations, in such an instance the RF radiation from all wireless facilities shall be included in the calculations to show the cumulative effect on any area of the building or structure deemed accessible by the public. Such report or analysis shall be signed and sealed by a professional engineer licensed in the state; or

ix.

If any section or portion of the structure to be attached to is not in compliance with the FCC's regulations regarding RF radiation, that section or portion must be barricaded with a suitable warning barrier to discourage approaching into the area in excess of the FCC's regulations, and be marked off with yellow and black striped warning tape or a suitable warning barrier, as well as placing RF radiation signs as needed and appropriate to warn individuals of the potential danger;

A signed statement that the applicant will expeditiously remedy any physical or RF interference with other telecommunications or wireless devices or services;

xi.

To protect the nature and character of the area and create the least visually intrusive impact reasonably possible under the facts and circumstances, any attachment to a building or other structure with a facie, the antennas shall be mounted on the facie, unless it can be proven that such will prohibit or have the effect of prohibiting the provision of service, and all such attachments and exposed cabling shall use camouflage or stealth techniques to match as closely as possible the color and texture of the structure to which such equipment is attached;

xii.

If attaching to a water tank, mounting on the top of the tank or the use of a corral shall only be permitted if the applicant can prove that to locate elsewhere will prohibit or have the effect of prohibiting the provision of service. The provisions of the preceding subsection (J) of this section shall also apply to any attachment to a water tank;

xiii.

The applicant shall provide a certification by a professional engineer licensed in the state, along with documentation, that prove that the tower or other structure and its foundation as proposed to be utilized are designed and were constructed to meet all local, state, federal and ANSI structural requirements for loads, including wind and ice loads and the placement of any equipment on the roof a building after the addition of the proposed new facilities;

xiv.

If the application is to attach to or modify existing facilities on a tower, the applicant shall provide signed documentation of the tower condition;

Specifically, a report done pursuant to the latest edition of ANSI-EINTIA 222G — Annex E for any self-supporting tower that is five years old or older or for a guyed tower that is three years old or older. Any deficiencies, other than strictly cosmetic ones, must be completed or remedied prior to the issuance of a building permit for the attachment of any component of the proposed wireless facilities;

xv.

So as to be the least visually intrusive as is reasonably possible given the facts and circumstances involved, and thereby have the least adverse visual effect and create the least intrusive or lowest profile or visual silhouette reasonably possible, unless it can be proven that such would be technologically impracticable. So as to minimize the visual profile of the antennas, all antennas attached to a tower or other structure shall be flush mounted or as near to flush mounted as is possible without prohibiting or having the effect of prohibiting the provision of service, or prove technically, with hard data and a detailed narrative, that flush mounting or other low profile antenna cannot be used and would serve to prohibit or have the effect of prohibiting the provision of service;

xvi.

Unless it is deemed inappropriate or unnecessary by the county given the facts and circumstances, the applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility up to a height of ten feet;

xvii.

The wireless telecommunications facility and all accessory 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. This shall include the utilization of stealth, camouflage or concealment technology as may be required by the county and as is practicable under the facts and circumstances;

xviii.

All utilities installed for a new wireless telecommunications facility shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the county including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate;

xix.

If the facility currently has an access road or turn around space, but such is deemed in disrepair or in need of remedial work to make it serviceable and safe and in compliance with any applicable regulations, the application shall contain a commitment to remedy or restore the road or turn around space so that it is serviceable and safe and in compliance with applicable regulations;

xx.

If attaching to a structure and thereby increasing the height of the structure, other than a tower, and to which the public has or could reasonably have or gain access to, documentation, including all calculations, proving that the potential exposure to RF radiation (i.e., NIER or non-ion-emitting radiation), will be in compliance with the most recent Federal Communications Commission regulations governing RF radiation and exposure thereto, and further denoting the minimum distance from any antennas an individual may safely stand without being exposed to RF radiation in excess of the FCC's permitted standards and any portion(s) of the structure that would be exposed to RF radiation in excess of the FCC's permitted standards. In compliance with the FCC's regulations, in such an instance the RF radiation from all wireless facilities shall be included in the calculations to show the cumulative effect on any area of the building or structure deemed accessible by the public. Such report or analysis shall be signed and sealed by a professional engineer licensed in the state; or

xxi.

If any section or portion of the structure to be attached to is not in compliance with the FCC's regulations regarding RF radiation, that section or portion must be barricaded with a suitable barrier to discourage approaching into the area in excess of the FCC's regulations, and be marked off with yellow and black striped warning tape or a suitable warning barrier, as well as placing RF radiation signs as needed and appropriate to warn individuals of the potential danger;

xxii.

A signed statement that the applicant will expeditiously remedy any physical or RF interference with other telecommunications or wireless devices or services.

xxiii.

xxiv.

If attaching to a water tank, mounting on the top of the tank or the use of a corral shall only be permitted if the applicant can prove that to locate elsewhere will prohibit or have the effect of prohibiting the provision of service. The provisions of the preceding subsection shall also apply to any attachment to a water tank.

xxv.

The applicant shall provide a certification by a professional engineer licensed in the state, along with documentation (a structural analysis), including calculations, that prove that the structure and its foundation as proposed to be utilized are designed and were constructed to meet all local, state, federal and ANSI structural requirements for loads, including wind and ice loads and the placement of any equipment on the roof of a building after the addition of the proposed new facilities.

xxvi.

If the application is to attach to or modify existing facilities on a tower, the applicant shall provide signed documentation of the tower condition. Specifically, a report done pursuant to the latest edition of ANSI-EINTIA 222G — Annex E for any self-supporting tower that is five years old or older or for a guyed tower that is three years old or older. Any deficiencies, other than strictly cosmetic ones, must be completed or remedied prior to the issuance of a building permit for the attachment of any component of the proposed wireless facilities;

xxvii.

So as to be the least visually intrusive as is reasonably possible, given the facts and circumstances involved, and thereby have the least adverse visual effect and create the least intrusive or lowest profile or visual silhouette reasonably possible, unless it can be proven that such would be technologically impracticable, all antennas attached to the structure shall be flush mounted or as near to flush mounted as is possible without prohibiting or having the effect of prohibiting the provision of service so as to minimize the visual profile of the antennas, or prove technically, with hard data and a detailed narrative, that flush mounting cannot be used and would serve to prohibit or have the effect of prohibiting the provision of service;

xxviii.

xxix.

xxx.

All utilities installed for a new wireless telecommunications facility shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate;

xxxi.

If deemed necessary or appropriate, 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 to assure minimal visual disturbance and reduce soil erosion and shall comply with any local or state regulations for the construction of roads.

xxxii.

The applicant, and the owner of record of any structure to be attached to, shall, jointly or separately, at its cost and expense, be required to place with the county a bond, or other form of security acceptable to the county as to type of security and the form and manner of execution, in an amount of at least $25,000.00 for attaching to an existing structure or existing tower and with such sureties as are deemed sufficient by the county to assure the faithful performance of the terms and conditions of this law and conditions of any special use permit issued pursuant to this law. Said bond or other security shall also serve as a removal security to prevent the taxpayers from bearing the cost of removal in the event of the abandonment or cessation of use for more than 90 consecutive days. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special use permit.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.5.1. - Submittal requirements for collocating on an existing tower or a government-owned structure without increasing the height of the tower.

An application to increase the height of a tower or other structure shall be deemed a new tower and shall not qualify for treatment as an attachment to an existing tower or other structure under this section.

A pre-application meeting shall be held with the community development director where the applicant shall be provided with instructions for completing the application. Said instructions are to be controlling as regards the form and substance of the issues addressed in the instructions and must be followed.

Applications shall be processed in accordance with article (7) of this chapter but shall not require an escrow deposit for technical review. In addition to the requirements set forth in article (7), the application shall include:

Documentation proving the applicant has the legal right to proceed as proposed on the site, including an executed copy of the lease with the owner of the facility proposed to be attached to or a letter from the government agency showing the right of the applicant to attach to the structure.

ii.

A written [document] indicating the Applicant's understanding of the following:

The proposed wireless telecommunications facilities shall be built and maintained in a safe manner and in compliance with all conditions of the special use permit, without exception, unless specifically granted relief from the county in writing, as well as all applicable and permissible local codes, ordinances and regulations, including any and all applicable county, state and federal laws, rules and regulations; and

The construction of the wireless telecommunications facilities is legally permissible including, but not limited to, the fact that the applicant is authorized to do business in the state.

Where certification is called for in this section, such certification shall bear the signature and seal of a professional engineer licensed in the state.

In addition to the information identified within this section, all applications for a special use permit as described herein shall contain the following:

Ownership and management.

The name, address and phone number of the person preparing the application;

The postal address and tax map parcel number of the property;

A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.

ii.

Zoning and site information.

The zoning district or designation in which the property is situated;

The size of the property on which the structure to be attached to is located, stated both in square feet and lot line dimensions, and a survey showing the location of all lot lines;

The location, size and height of all existing and proposed structures on the property on which the existing tower is located and that is the subject of the application;

A site plan showing the vertical rendition of the tower identifying all users and attachments to the tower and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;

A site plan showing the proposed attachments and all related fixtures, structures, appurtenances and apparatus, including height above the roof or balustrade, whichever is appropriate;

The azimuth, size and center line height location of all proposed and existing antennae on the supporting structure;

The number, type and model of the antenna(s) proposed, along with a copy of the specification sheet(s) for the antennas;

iii.

Safety.

The age of the tower in years, including the date of the grant of the original permit or authorization for the tower;

A description of the type of tower, e.g., guyed, self-supporting lattice or monopole;

The make, model, type and manufacturer of the tower and the structural design calculations, certified by a professional engineer licensed in the state, proving the tower's capability to safely accommodate the facilities of the applicant without change or modification, taking into account the geotechnical situation and the foundation design;

If any change or modification of the tower to be attached to is needed, a detailed narrative explaining what changes are needed, why they are needed and who will be responsible to assure that the changes are made;

If the structure proposed to be attached to is a tower that has not previously been permitted under this law, or unless the applicant can provide proof that this was provided at the time of the initial application for the tower or other structure, the applicant shall provide a copy of the installed foundation design, as well as a geotechnical subsurface soils investigation, evaluation report and foundation recommendation for the tower site or other structure;

If attaching to a tower, a copy of the latest ANSI inspection report done pursuant to the latest edition of ANSI-EIA/TIA 222F - Annex E for any self-supporting tower that is five years old or older or for any guyed tower that is three years old or older. If an ANSI Inspection Report has not been done pursuant to the preceding schedule, an ANSI report shall be done and submitted as part of the application;

In an instance on a tower where the new wireless facilities will be ten meters or more above ground level, signed documentation shall be provided to verify that the wireless telecommunication facility with the proposed installation will be in full compliance with the current FCC's RF emissions regulations. If not categorically excluded, a complete RF emissions study is required to enable verification of compliance, as described herein and to include all calculations so that such may be verified;

If any section or portion of the structure to be attached to is not in compliance with the FCC's regulations regarding RF radiation, that section or portion must be barricaded with a suitable barrier to discourage approaching into the area in excess of the FCC's regulations, and be marked off with yellow and black striped warning tape or a suitable warning barrier, as well as placing RF radiation signs as needed and appropriate to warn individuals of the potential danger;

A signed statement that the applicant will expeditiously remedy any physical or RF interference with other telecommunications or wireless devices or services.

The applicant shall provide a certification by a professional engineer licensed in the state, along with documentation (a structural analysis), including calculations, that prove that the tower or other structure being attached to and its foundation as proposed to be utilized are designed and were constructed to meet all local, state, federal and ANSI structural requirements for loads, including wind and ice loads and the placement of any equipment on the roof [of] a building after the addition of the proposed new facilities.

The applicant shall provide signed documentation of the tower condition; specifically a report done pursuant to the latest edition of ANSI-EIA/TIA 222F - Annex E for any self-supporting tower that is five years old or older or for a guyed tower that is three years old or older and signed and sealed by a state licensed professional engineer. Any deficiencies, other than strictly cosmetic ones, must be completed or remedied prior to the issuance of a building permit or its functional equivalent for the attachment of any component of the proposed wireless facilities.

All antennas attached to the existing tower shall be flush-mounted or as near to flush mounted as is possible without prohibiting or having the effect of prohibiting the provision of service so as [to] minimize the visual profile of the antennas, or prove technically, with hard data and a detailed narrative, that flush mounting cannot be used and would serve to prohibit or have the effect of prohibiting the provision of service.

All utilities installed for a new wireless telecommunications facility shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.6. - Streamlined review process.

This section applies to previously approved wireless support structures and wireless facilities to be modified or to accept collocations without additional zoning or land use review beyond that which is typically required for building or electrical permits.

A streamlined review process is hereby established and shall apply to all requests that meet the following requirements:

The proposed collocation shall not increase the overall height or width of the wireless support structure to which the wireless facilities are to be attached;

ii.

The equipment associated with the collocation request shall not increase the dimensions of the equipment compound approved by the local governing authority;

iii.

The proposed collocation shall comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and,

iv.

The proposed collocation shall not exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state.

Applications shall be reviewed for conformance with applicable site plan and building permit requirements, including zoning and land use conformity, but shall not otherwise be subject to the issuance of additional zoning, land use, or special use permit approvals beyond the initial zoning, land use, or special permit approvals issued for such wireless support structure or wireless facility.

The community development director's review of an application shall not include an evaluation of the technical, business, or service characteristics of such proposed wireless facilities. In addition, the community development director shall not require an applicant to submit radio frequency analyses or any other documentation intended to demonstrate the service characteristics of the proposed wireless facilities, to illustrate the need for such wireless facilities, or to justify the business decision to collocate such wireless facilities; provided, however, that the community development director may require the applicant to provide a letter from a radio frequency engineer certifying the applicant's proposed wireless facilities will not interfere with emergency communications.

A public hearing shall not be required for an application entitled to the streamlined review process as long as there is no proposed increase in the height of the tower or other structure to be attached to, including attachments thereto, unless for good cause such shall be required by the board of commissioners. Instead, the special use permit or other appropriate authority shall be issued by the community development director.

Within 90 calendar days of the date an application is filed, unless another date is specified in a written agreement between the community development director and the applicant, the community development director shall:

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

ii.

Advise the applicant in writing of its final decision.

Within 30 calendar days of the date an application is filed, the community development director shall either:

Inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or,

ii.

Schedule an administrative review meeting with the applicant within 30 days of the receipt of a complete application. This meeting is not a public hearing.

If the community development director informs the applicant of an incomplete application within 30 days, the overall time frame for review is suspended until such time the applicant provides the requested information.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.4.7. - Miscellaneous provisions.

Prioritization of telecommunications facilities.

Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, one being the highest priority and five being the lowest priority:

On government-owned properties or facilities;

On existing towers or other structures without increasing the height of the tower or structure;

On properties in areas zoned for business use;

On properties in areas zoned for agricultural use; or,

On properties in areas zoned for residential use.

ii.

If the site being proposed is not the highest priority site as identified above, the applicant must provide a detailed explanation and justification as to why a site with a higher priority designation was not selected. The applicant must satisfactorily demonstrate the reason or reasons why a special use permit should be granted for the proposed site as well as the hardship that would be incurred by the applicant if the permit was not granted for the wireless facility as proposed.

iii.

An applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected or because there is an existing lease with a landowner. An application shall address collocation as an option and, if such option is not proposed, the applicant must explain to the reasonable satisfaction of the board of commissioners why colocation is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting colocation shall not be a valid basis for any claim of commercial impracticability or hardship.

iv.

Notwithstanding the above, the board of commissioners may approve any site located within an area in the above list of priorities, provided that the board of commissioners finds that the proposed site is in the best interest of the health, safety and welfare of the county and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood. Conversely, the board of commissioners may direct that the proposed location be changed to another location that is more in keeping with the goals of this section and the public interest as determined by the board of commissioners.

The applicant shall submit a detailed written report demonstrating the applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application, including the technical justification for such.

vi.

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the board of commissioners may disapprove an application for any of the following reasons:

Conflict with safety and safety-related codes and requirements;

Conflict with the historic nature or character of a neighborhood or district;

The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation;

The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the county, or employees of the service provider or other service providers;

The placement and location of a wireless telecommunications facility would result in a conflict with or compromise in or change the nature or character of the surrounding area;

Conflicts with the provisions of this section;

Failure to submit a complete application as required under this section.

vii.

Not anything to the contrary in this section, for good cause shown, such as the ability to utilize a shorter or less intrusive facility elsewhere and still accomplish the primary service objective, the board of commissioners may require the relocation of a proposed site, including allowing for the fact that relocating the site chosen by the applicant may require the use of more than one site to provide substantially the same service if the relocation could result in a less intrusive facility or facilities, singly or in combination so long as such does not prohibit or serve to prohibit the provision of service.

Shared use of wireless telecommunications facilities and other structures.

As opposed to the construction of a new tower, the county requires wireless facilities to be located on existing towers or other suitable structures without increasing the height of the tower or structure, unless such is proven to be technologically impracticable. The applicant shall submit a comprehensive report inventorying all existing towers and other suitable structures within one mile of the location of any proposed new tower, unless the applicant can show that some other distance is more appropriate and reasonable and demonstrate conclusively why an existing tower or other suitable structure cannot be used.

ii.

An applicant intending to locate on an existing tower or other suitable structure shall be required to document the intent of the existing owner to permit its use by the applicant.

iii.

Such shared use shall consist only of the minimum antenna array technologically required to provide service primarily and essentially within the county, to the extent practicable, unless good cause is shown.

Height of telecommunications tower(s).

All new towers shall be of the monopole type, unless such is able to be proven to be technologically impracticable. No new towers of a lattice or guyed-type shall be permitted, unless relief is otherwise expressly granted.

ii.

The applicant shall submit documentation justifying the technical need by the service provider for the total height of any tower, facility and/or antenna requested and the basis therefore. To enable verification of the need for the requested height, documentation in the form of propagation studies must include all backup data used to produce the studies at the height requested and at a minimum of 20 feet lower height. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the county, to the extent practicable, unless good cause is shown.

iii.

The maximum permitted total height of a new tower shall be 120-feet above preconstruction ground level, unless it can be proven that such height would prohibit or have the effect of prohibiting the provision of service in the intended service area. The 120-feet maximum permitted height is not as-of-right height, but rather the maximum permitted height, absent proof of the technological need for a greater height.

iv.

Notwithstanding the 120-feet maximum permitted height, telecommunications towers and facilities shall be no taller than the minimum height technologically necessary to enable the provision of wireless service coverage or capacity as needed within the county, and only within the county.

Spacing or the distance between towers shall be such that the service may be provided without exceeding the maximum permitted height.

Visibility of wireless telecommunications facilities.

Lighting- artificial. Wireless telecommunications facilities shall not be artificially lighted or marked except as required by the FAA.

ii.

Lighting - preventing ground scatter effect. For any wireless facility for which lighting is required under the FAA's regulations, or that for any reason has lights attached, all such lighting shall be affixed with technology that enables the light to be seen as intended from the air, but that prevents the ground scatter effect so that it is not able to be seen from the ground to a height of at least 12 degrees vertical for a distance of at least one mile in a level terrain situation. Such device must be compliant with or not in conflict with FAA regulations. A physical shield may be used, as long as the light is able to be seen from the air, as intended by the FAA.

In the event a tower that is lighted is modified, at the time of the modification the county may require that the tower be retrofitted with the technology set forth in the preceding paragraphs.

iii.

Stealth. All new wireless telecommunications facilities, including, but not limited to, towers, shall utilize stealth or camouflage techniques and technology to the extent practicable, unless such can be shown to be either commercially or technologically impracticable.

iv.

Dual mode. In order to minimize the number of antenna arrays and thus the visual impact, the county may require the use of dual mode antennas, including by two different carriers, unless it can be proven that such will not work technologically and that such would have the effect of prohibiting the provision of service.

Tower finish/color. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section.

vi.

Antenna profile. All new or replacement antennas, except omni-directional whip antennas, shall be attached to create the smallest profile reasonably possible under the facts and circumstances, unless it can be proven that to do so would prohibit or have the effect of prohibiting service.

vii.

Placement on building. If attached to a building, all antennas shall be mounted on the face of the building and camouflaged so as to match the color and, if possible, texture of the building or in a manner so as to make the antennas as visually innocuous and undetectable as is possible given the facts and circumstances involved.

Security of wireless telecommunications facilities.

All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access as follows:

All antennas, towers and other supporting structures, including guy anchor points and wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and,

Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

Signage.

Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area.

ii.

A sign of the same size is also to be installed to contain the name(s) of the owner(s) and operator(s) of the antenna(s), identification of the carrier(s), i.e., wireless service provider(s), as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet and be visible from the access point of the site and must identify the owner of the shelter or cabinet.

iii.

On tower sites, an FCC registration site, as applicable, shall be present. The signs identified herein shall not be lighted unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.

Lot size and setbacks.

All proposed towers and any other proposed wireless telecommunications facility attachment structures shall be set back from the property lines of abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances:

A distance equal to the height of the proposed tower or wireless telecommunications facility structure plus ten percent of the height of the tower or structure, otherwise known as the fall zone, or the existing setback requirement of the underlying zoning district, whichever is greater.

Any accessory shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.

The fall zone and/or setback shall be measured from the nearest portion of the right-of-way of any public road or thoroughfare and any occupied building or domicile.

The nearest portion of any access road to a wireless facility shall be no less than 15 feet from the nearest property line.

ii.

Habitable buildings or other structures shall not be permitted or constructed within the fall zone or setback area established herein.

Retention of consultant for assistance with technical review of applications and reimbursement by applicant for these services.

The county may hire a consultant and/or technical expert necessary to assist the county in reviewing and evaluating the application, monitoring construction and/or modification of the project site, once permitted, and conducting site inspections as required.

ii.

To prevent the taxpayers from having to pay for technical assistance that may be needed to review the application, the applicant shall be required to place an escrow deposit as set forth within the county's schedule of fees as a part of the application process. Technical services shall include, but not be limited to, assisting county staff with the review of an application, lease negotiation, pre-approval evaluation, and monitoring and inspecting construction activities and modification of the site, once permitted.

The initial deposit shall be as set forth within the county's schedule of fees and shall precede the pre-application meeting or any work being done as regards to processing an application. The county will maintain a separate escrow account for all such funds, and the consultant shall invoice the county for its services.

The initial deposit shall not be increased without action by the board of commissioners finding that the initial application request has been modified, that the scope of the review is unique, or the applicant has failed to cooperate with consultant's review causing the consultant to spend substantial time and effort to complete the evaluation of the application. If at any time during the review process the escrow account has a balance less than 25 percent of the initial deposit, the board of commissioners may find that additional funds are needed. The applicant, upon notification from the county, shall immediately provide funds to replenish the initial escrow deposit so that it has a balance of at least 75 percent of the initial deposit as identified in the schedule of fees. These funds shall be deposited with the county before any further action or consideration is taken on the application.

In the event that the amount held in escrow is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.

iii.

No work shall be done on an application for which the full amount of the escrow deposit has not been received by the county. In the event the minimum balance as set forth herein is not maintained, all work on the application shall cease until the deposit is replenished as required.

iv.

The total amount of the funds needed as set forth herein may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

Records of all outside costs associated with the review and permitting process shall be maintained and available for public inspection, in compliance with applicable Georgia law.

vi.

All applications submitted to the county shall be reviewed by the consultant for completion within 30 days of submittal. Once the application has been found to be complete, the consultant's recommendation and evaluation process shall take no more than 60 days.

Action on an application for a special use permit for wireless telecommunications facilities.

The community development director shall undertake a review of an application pursuant to this article in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved, and the applicant's desire for a timely resolution.

ii.

The community development director may refer any application or part thereof to an outside consultant for technical review and/or a nonbinding recommendation.

iii.

The community development director may refer any application or part thereof to an outside consultant for technical review and/or a nonbinding recommendation.

iv.

If the county approves the special use permit for wireless telecommunications facilities, the applicant shall be notified in writing of such approval within ten calendar days of the board of commissioners' action, and the special use permit shall be issued within 30 days after such approval.

Except for building permits, once a special use permit has been granted, no additional permits or approvals from the county, such as site plan or zoning approvals, shall be required.

If the county denies the special use permit request, the applicant shall be notified of such denial in writing within ten calendar days of the county's action and shall set forth in writing the reason or reasons for the denial. Re-submittal of the special use permit application shall be allowed subject to the stipulations identified in re-application for a special use permit shall be allowed per the requirements set forth within the zoning and development ordinance.

Extent and parameters of special use permit for wireless telecommunications facilities.

The extent and parameters of a special use permit for wireless telecommunications facilities shall be as follows:

Such special use permit shall not be assigned, transferred or conveyed without the express prior written notification to the county.

In the event of a violation of this section, following an opportunity to cure and, if not cured within the time frame set forth in the notice of violation, a hearing shall be held upon due prior notice to the applicant. Following such hearing, if found to be in violation of this section, the special use permit may be revoked, canceled, or terminated for a violation of the conditions and provisions of the special use permit, or for a material violation of this section or other applicable law, rule or regulation.

Notice of a violation and of the date, time and place of a hearing shall be provided by registered mail to the last known address of the holder of the special use permit.

Removal and performance security. The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the county a bond, or other form of security acceptable to the county as to type of security and the form and manner of execution, in an amount of at least $75,000.00 for a tower with such sureties as are deemed sufficient by the county to assure the faithful performance of the terms and conditions of this section and conditions of any special use permit issued pursuant to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed prior to the issuance of the original special use permit.

Reservation of authority to inspect wireless telecommunications facilities. In order to verify that the holder of a special use permit for wireless telecommunications facilities and any and all lessees, renters, and/or licensees of wireless telecommunications facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the county may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.

Liability insurance.

A holder of a special use permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special use permit in amounts as set forth below:

Commercial general liability covering personal injuries, death and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate; and

Automobile coverage: $1,000,000 per occurrence/ $2,000,000 aggregate;

Umbrella coverage: $3,000,000.00; and

Workers compensation and disability: statutory amounts.

ii.

For a wireless telecommunications facility on county property, the commercial general liability insurance policy shall specifically include the county and its officers, commissioners, employees, committee members, attorneys, agents and consultants as additional insureds.

iii.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.

iv.

The insurance policies shall contain an endorsement obligating the insurance company to furnish the county with at least 30 days prior written notice in advance of the cancellation of the insurance.

Renewal or replacement policies or certificates shall be delivered to the county at least 15 days before the expiration of the insurance that such policies are to renew or replace.

vi.

Prior to the issuance of a special use permit, the holder of the special use permit shall deliver to the county a copy of each of the policies or certificates representing the insurance in the required amounts.

vii.

A certificate of insurance that states that it is for informational purposes only and does not confer rights upon the county shall not be deemed to comply with this section.

Indemnification.

Any application for wireless telecommunication facilities that is proposed for county property, pursuant to this section, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the ordinance, to at all times defend, indemnify, protect, save, hold harmless, and exempt the county, and its officers, councils, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the county, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness' fees are included in those costs that are recoverable by the county.

ii.

Notwithstanding the requirements noted above, an indemnification provision will not be required in those instances where the county itself applies for and secures a special use permit for wireless telecommunications facilities.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.5. - Fines.

In the event of a violation of this section or any special use permit issued pursuant to this section, the county may impose and collect, and the holder of the special use permit shall pay to the county, fines or penalties as set forth below.

If the holder of a special use permit fails to comply with provisions of this section such shall constitute a violation of this section and shall be subject to a fine not to exceed $1,000.00 per day per violation following due and proper notice and, further, each day or part thereof that a violation remains uncured after proper notice shall constitute a separate violation, punishable separately.

Notwithstanding anything in this section, the holder of the special use permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this section or any section of this section. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The county may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the county.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.6. - Default and/or revocation.

If a wireless telecommunications facility is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the special use permit, then the county shall notify the holder of the special use permit in writing of such violation. A permit holder in violation may be considered in default and subject to fines as identified herein and if a violation is not corrected to the satisfaction of the county in a reasonable period of time the special use permit is subject to revocation.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.7. - Removal of wireless telecommunications facilities.

The owner of any tower or wireless facility shall be required to provide a minimum of 30 days' written notice to the community development director prior to abandoning any tower or wireless facility.

Under the following circumstances, the county may determine that the health, safety, and welfare interests of the county warrant and require the removal of wireless telecommunications facilities.

Wireless telecommunications facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;

ii.

Permitted wireless telecommunications facilities fall into such a state of disrepair that it creates a health or safety hazard; and,

iii.

Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special use permit, or any other necessary authorization and the special permit may be revoked.

If the county makes such a determination, the community development director shall notify the holder of the special use permit within 48 hours that said wireless telecommunications facilities are to be removed. The county may approve an interim temporary use agreement/permit to enable the sale of the wireless telecommunications facilities.

The holder of the special use permit, its successors or assigns, shall dismantle and remove such wireless telecommunications facilities and all associated structures and facilities from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the county. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the county.

If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, the county may order officials or representatives of the owner or special use permit holder to remove the wireless telecommunications facilities at the sole expense of the owner or special use permit holder.

If the county removes or causes to be removed wireless telecommunications facilities and the owner of the wireless telecommunications facilities does not claim and remove it from the site to a lawful location within ten days, the county may take steps to declare the wireless telecommunications facilities abandoned and sell them and their components.

Notwithstanding anything in this subsection to the contrary, the county may approve a temporary use permit/agreement for the wireless telecommunications facilities for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the special use permit, subject to the approval of the county, and an agreement to such plan shall be executed by the holder of the special use permit and the county. If such a plan is not developed, approved and executed within the 90-day time period, then the county may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this subsection and utilize the bond in subsection (21).

(Ord. No. 057-19, 12-5-19)

Sec. 6B.8. - Relief.

Any applicant desiring relief, waiver or exemption from any aspect or requirement of this section may request such at the pre-application meeting, provided that the relief or exemption is contained in the submitted application for either a special use permit, or in the case of an existing or previously granted special use permit a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete.

The burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove. The applicant shall bear all costs of the county in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant effect on the health, safety and welfare of the county, its residents or other service providers.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.9. - Adherence to state and/or federal rules and regulations.

To the extent that the holder of a special use permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a special use permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

To the extent applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a special use permit for wireless telecommunications facilities, then the holder of such a special use permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.10. - Conflict with other laws.

Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state or federal government, this section shall apply.

The inspection requirements set forth in this section shall supersede any prior inspection requirements placed on wireless communications facilities by the Coweta County Board of Commissioners in conjunction with the granting of any special use permit.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.11. - Inspections.

At the expense of the tower owner, and for as long as the tower occupies the permit area, a structural engineer, licensed in the State of Georgia, shall inspect the tower every three years for a guyed structure and every five years for a self-supporting structure and submit a report which describes the structural integrity of the tower and apparent level of maintenance and repair evident from the inspection. The report shall account for every issue identified in the ANSI code and shall contain substantiating photographs of the current situation, as well as field notes for each situation identified as being in need of remediation. All reports shall be submitted to the building official by February 1 of the year they are due. If, in the opinion of the professional engineer, there is evidence that the structural integrity of the tower is compromised or for any reason the tower constitutes a potential danger to persons or property, the engineer shall list specifically the reasons therefore. The building official shall provide notice to the tower owner after receipt of the professional engineer's opinion. The owners shall have 30 days from the date of said notice to cause the safety issues listed by the engineer to be cured and to provide written certification by the engineer that the tower is no longer a danger to persons or property. If the owner fails to bring such tower into compliance within said 30 days, the governing authority may remove such tower at the owner's expense.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.12. - Periodic regulatory review by county staff.

The county may conduct a review and examination of this entire article at any time.

If after such a periodic review and examination of this article, the county determines that one or more provisions of this article should be amended, repealed, revised, clarified, or deleted, then the county may take whatever measures are necessary in accordance with applicable ordinance in order to accomplish the same. It is noted that where warranted, and in the best interests of the county, the county may repeal this entire ordinance [article] at any time.

Notwithstanding the provisions of paragraphs above, the county may at any time and in any manner (to the extent permitted by federal, state, or local law), amend, add, repeal, and/or delete one or more provisions of this article.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.13. - Effective date.

This article shall be effective immediately upon passage, pursuant to applicable legal and procedural requirement.

(Ord. No. 057-19, 12-5-19)

Sec. 6B.14. - Authority.

This local article is enacted pursuant to applicable authority granted by the state and federal government.