06-02-2010 Regional Planning Regular Meeting PacketHall County Regional
Planning Commission
Wednesday, June 02, 2010
Regular Meeting Packet
Commission Members:
Regional Planning Director:Chad Nabity
Technician:
Edwin Maslonka
Secretary:
Rose Woods
6:00:00 PM
Council Chambers - City Hall
100 East First Street
Ray Aguilar Grand Island
John Amick Hall County
Karen Bredthauer Grand Island Vice Chairperson
Julie Connelly Grand Island
Scott Eriksen Grand Island
Mark Haskins Hall County
Bill Hayes Doniphan
Jaye Monter Cairo
Pat O'Neill Hall County Chairperson
Deb Reynolds Hall County
Leslie Ruge Alda Secretary
Don Snodgrass Wood River
Hall County Regional Planning Commission
Call to Order
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for Commission consideration should complete the Request for Future Agenda
Items form located at the Regional Planning Office on the second floor of City Hall. If the issue can be handled
administratively without Commission action, notification will be provided. If the item is scheduled for a meeting,
notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
DIRECTOR COMMUNICATION
This is an opportunity for the Director to comment on current events, activities, and issues of interest to the commission.
Hall County Regional Planning Commission
Item .A1
June Summary
Insert a narrative here
Wednesday, June 02, 2010
Regular Meeting
Hall County Regional Planning
Commission
Staff Contact:
Hall County Regional Planning Commission
Staff Recommendation Summary
For Regional Planning Commission Meeting
June 2 , 2010
4. Public Hearing – Concerning a request to rezone the proposed Lot 1 and
Outlot A of Crane Valley 7th Subdivision approximately 7.25 acres of land
north of Faidley Avenue and west of Diers Avenue B2-General
Commercial to RD- Residential Development Zone, in the City of Grand
Island (C-16-2010GI).
5. Public Hearing – Concerning proposed changes to the Wireless
Communications Tower Regulations for Hall County (6.01) the City of
Grand Island (number), the city of Wood River (Section 7.11) and the
Villages of Alda, Cairo and Doniphan (7.11). A copy of the proposed
regulations is available at the office of the Hall County Regional Planning
Department (C-14-2010All).
6. Final Plat – Woodland Park Eleventh Subdivision – located north of
Capital Ave and west of North Rd., in Grand Island, in Hall County,
Nebraska consisting of 4.317 acres. (11 Lots)
7. Budget and Fees for 2010-2011.
Item E2
May Meeting Minutes
Insert a narrative here
Wednesday, June 02, 2010
Regular Meeting
Hall County Regional Planning
Commission
Staff Contact:
Hall County Regional Planning Commission
THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA
Minutes
for
May 5, 2010
The meeting of the Regional Planning Commission was held Wednesday, May 5, 2010,
in the Community Meeting Room - City Hall – Grand Island , Nebraska. Notice of this
meeting appeared in the "Grand Island Independent" April 22, 2010.
Present: Leslie Ruge Scott Eriksen
Karen Bredthauer Bill Hayes
Don Snodgrass Jaye Monter
Julie Connelly Ray Aguilar
Deb Reynolds
Absent: Pat O’Neill, John Amick, Mark Haskins
Other:
Staff: Chad Nabity, Rose Woods
Press:
1. Call to order.
Vice-Chair Bredthauer called the meeting to order at 6:00 p.m. She stated
that this was a public meeting subject to the open meetings la ws of the
State of Nebraska. She noted that the requirements for an open meeting
were posted on the wall in the room and easily accessible to anyone who
may be interested in reading them.
2. Minutes of April 7, 2010 meeting.
A motion was made by Reynolds and seconded by Hayes, to approve the
Minutes of the April 7 , 2010 meeting as presented.
The motion carried with 9 members present and 8 voting in favor (Ruge,
Aguilar, Hayes, Reynolds, Monter, Bredthauer, Snodgrass and Connelly)
and 1 member abstaining (Ericksen).
3. Request time to speak.
Joni Schlatz, PO Box 195, Doniphan NE, on item # 6.
4. Public Hearing – Concerning an amendment to the Redevelopment plan
for CRA Area #2, 107 and 203 E Stolley Park Rd., in Grand Island, Hall
County Nebraska. A retail office building is being proposed for property
located at the corner of South Locust Street and Stolley Park Road.
Bredthauer opened the Public Hearing.
Nabity explained this is a Redevelopment plan amendment for property
located in Blight and Substandard Area #2 at the southeast corner of
South Locust Street and Stolley Park Road in Grand Island Nebraska and
other properties as necessary to support this development.
Ken-Ray LLC is proposing to build 17,500 square feet of retail/office space
at the corner of South Locust and Stolley Park Road. The developer is
seeking Tax Increment Financing to offset the cost of acquisition of the
property and site preparation.
A motion was made by Aguilar to approve the Redevelopment Plan
Amendment and seconded by Hayes, to recommend approval to CRA and
City Council the Redevelopment Plan Amendment. Ruge noted some
findings of fact that is this consistent with the comprehensive plan and is
developed for commercial use.
A roll call vote was taken and the motion passed with 9 members present
voting in favor (Aguilar, Ruge, Hayes, Reynolds, Monter, Eriksen,
Bredthauer, Connelly, Snodgrass) and no member present voting against.
Bredthauer closed the Public Hearing.
Consent Agenda
5. Final Plat – Hettler Subdivision – located south of Husker Hwy., and east of
90th Rd, in Hall County, Nebraska. Consisting of 2.0 acres. (1 Lot).
6. Final Plat – Schlatz Subdivision – located south of Bartelt Ave., and east of
Second St., in Doniphan, in Hall County, Nebraska. Consisting of 4.093 acres. (2
Lots).
A motion was made by Ruge and seconded by Aguilar to approve the plats as
presented on the Consent Agenda. A roll call vote was taken and the motion
passed with 9 members present (Ruge, Bredthauer, Hayes, Snodgrass,
Connelly, Reynolds, Eriksen, Monter, Aguilar) voting in favor and no member
present abstaining.
7. Planning Director’s Report
Nabity told the commission members there will be some fee increases for the
next fiscal year. Those would be decided on in the next week and presented at
the next meeting.
8. Next Meeting June 2, 2010
9. Adjourn
Vice-Chair Bredthauer adjourned the meeting at 6:40 p.m.
_____________________________________________
Leslie Ruge, Secretary
by Rose Woods
Item F3
Publich Hearing - Rezone
Insert a narrative here
Wednesday, June 02, 2010
Regular Meeting
Hall County Regional Planning
Commission
Staff Contact:
Hall County Regional Planning Commission
Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
May 10, 2010
SUBJECT: Zoning Change (C-16-2010GI)
PROPOSAL:
OVERVIEW:
Site Analysis
Current zoning designation: B2- General Business
Permitted and conditional uses: B2-General Commercial including outdoor display
and sales, Office, Residential at a density of up to
43 units an acre, Fabrication incidental to permitted
uses.
Comprehensive Plan Designation: Commercial
Existing land uses. Vacant Undeveloped Property
Adjacent Properties Analysis
Current zoning designations: North South and East: B2 General Business
West: -R4-High Density Residential
Permitted and conditional uses: TA- Recreational uses, non-profit uses and
residential uses at a density of 43 dwelling units per
acre. B2-General Commercial including outdoor
display and sales, Office, Residential at a density of
up to 43 units per acre, Fabrication incidental to
permitted uses.
Comprehensive Plan Designation: North, East, South: Commercial
West: Medium Density Residential to Office Uses
Existing land uses: North: Vacant property
East: Commercial Development,
West: Townhouses and Drainage ROW
South: Utility Substation, Vacant Property
EVALUATION:
Positive Implications:
· In general conformance with the City’s Comprehensive Land Use Plan: This
particular site is designated as commercial within the plan but adjacent properties
are medium density residential to office uses. Residential uses are often found in
and adjacent to most of the commercial zones in Grand Island. Higher density
residential uses such as this are not uncommon.
· Uses would be consistent with the level of service intended for Faidley Avenue:
Faidley Avenue exceeds the minimum standards for a commercial street and is
intended to function as an arterial street. Apartments using Faidley as a primary
street would be appropriate. Left turn arrows were recently placed on Hwy 281 north
and south bound; this should further facilitate this type of development.
· Monetary Benefit to Applicant: As always this change has the potential to benefit the
applicant monetarily.
Negative Implications:
· None foreseen
Other
The developer is proposing to build eight apartment buildings with eight dwelling units in
each building on this site (64 units total). At the proposed density, this development
would be 8.8 units per acre or 1 unit for every 4950 square feet. This is significantly less
development than could be allowed in a B2 or RO or even R4 or R3 district. This
development provides for public utilities within the development. Road access from
Faidley Avenue into the development splits to provide a circular access pattern to the
apartments. The access to the apartments north of Faidley would be a private drive not
a public street.
This development was approved by the Grand Island City Council in the spring of 2003.
The developers did not move forward with the project and the RD zone expired in 2005
and the property was rezoned to the original B2 zoning district. The developers are
requesting that the development be considered for approval again at this time.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on this site from B2- General Business Zone to RD-
Residential Development Zone.
___________________ Chad Nabity AICP, Planning Director
Item F4
Public Hearing - Wireless Communication Tower Regulation
Chapter 36 Article XI
Insert a narrative here
Wednesday, June 02, 2010
Regular Meeting
Hall County Regional Planning
Commission
Staff Contact:
Hall County Regional Planning Commission
Agenda Item #5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
May 24, 2010
SUBJECT:
Concerning amendments to the Zoning Resolution for Hall County, the Zoning
Ordinances for Wood River, Alda, Cairo, and Doniphan and their 1 mile extra-
territorial jurisdiction, and the Zoning Ordinance for the City of Grand Island and its
2 mile extra-territorial jurisdiction. Changes are being proposed to he following
sections of each resolution or ordinance : Wireless Communications Tower
Regulations for Hall County (6.01) the City of Grand Island (number), the city of
Wood River (Section 7.11) and the Villages of Alda, Cairo and Doniphan (7.11). The
proposed changes will repeal the existing regulations and replace them with updated
regulations in preparation for each entity entering into a contract with The Center for
Municipal Solutions (C-14-2010All)
PROPOSAL:
The proposed changes are attached.
The existing sections will be replaced with the new regulations as proposed.
OVERVIEW:
In December of 2009 the Hall County Regional Planning Commission appointed 2
members o the Planning Commission to meet with Bob Naumann, representing The
Center for Municipal Solutions (CMS), a wireless communication siting consulting
company.
The Planning Commission members met with Mr. Naumann and staff from the City and
County Planning, Building and Legal Departments. After that meeting it was decided
that the Hall County Regional Planning Commission should pursue a contract for services
similar to those offe red by CMS. Planning staff worked with attorneys representing all of
the County and Municipal entities to draft an acceptable request for proposals; the
Planning Commission, representing all of the entities, would solicit proposals.
In March of 2010 the Hall County Regional Planning Commission advertised for
proposals for a consultant with expertise in wireless communication tower regulations to
provide consulting services to Hall County, Grand Island, Wood River, Alda, Cairo and
Doniphan. One company responded to the RFP. The Center for Municipal Solutions
meets all of the requirements of that RFP. A copy of the RFP is attached as is a copy of
the proposal submitted by CMS.
These new regulations if adopted would establish a consistent framework for approving
wireless communications facilities across the County. The main advantage to contracting
with CMS is technical expertise. The Center for Municipal Solutions is a group of
professionals with extensive experience in wireless communications facilities. They have
people that understand the engineering diagrams and discussion, and that can ask
intelligent questions about the need for a tower and review the answers provided by
wireless communication companies.
This expertise can be made available to the County, Cities and Villages at no direct cost
to the communities. The regulations as proposed include a payment into an escrow
account to be maintained by the community and used to pay the consultants. The process
of getting a conditional use permit does not begin until the wireless company has paid the
money into the escrow account.
SPECIFIC SECTIONS OF THE REGULATIONS FOR REVIEW:
The regulations as shown are specific to Hall County, Grand Island, Wood River and the
3 villages. Each are shown numbered for the appropriate document the last two digits of
the number (§36-168.01, §6.01.01 and §7.11.01) are the same for each paragraph heading
regardless of the version being read. Each version references the appropriate body,
(Board or Council). Planning Commission will receive the annotated version of the
regulations. The annotations specify areas that are different from the original version
supplied by CMS or areas that involve policy decisions that need to be made by the board
or council with input from the planning commission.
Section x.06 B
Based on these new regulations existing towers are only grandfathered in with the current
equipment. If there is any visible modification to the tower including the size or type or
number of antennas attached a full review and compliance with these regulations will be
required. The Board or Council can grant relief to specific sections of the regulations
under x.28 to allow the existing tower to continue even if it does not meet all of the
requirements of the regulations. The consultants from CMS will review any request for
relief from the regulations and make a recommendation to the elected body.
Section x.09
This set of regulations specifies a priority for placement of towers. First choice, as
suggested, is an existing tall structure owned by the City. Second choice is any other tall
structure. First choice for a new tower is City owned property. This requirement is a
policy decision for the Council or Board. If the regulations are adopted this way it will
provide the possibility for generating revenue from the leases. CMS will provide
negotiating expertise to the entities.
Section x.15
Adopting these regulations as proposed will change the setback requirements for Grand
Island, Wood River, Alda, Cairo and Doniphan. The setbacks will be increased. The
current regulations allow a 50’ tower at the required set back and require that the tower
be set back 1 foot from that setback for every 1 foot of tower height over 50’. If the
zoning set back is 10’ a 50’ tower can be built at 10’ of the property line, a 100’ tower
can be built at 60’ off the property line (10’ + 100’ - 50’), a 150’ tower can be built 110
feet off the property line (10’ + 150’ – 50’). The new regulations would require a 50’
tower to be built 60’ off the property line (10’ + 50’), a 100’ tower to be built 110’ from
the property line (10’ + 100’) and a 150’ tower at 165’ from the property line (15’ +
150’). Again relief from this can be request under section x.28 and CMS will make a
recommendation to the Council or Board about granting the relief.
Section x.20
Each entity will have to adopt their fee for the application. CMS suggests a fee of $5000
for a new tower and $2500 for an administrative review. The fees that have been adopted
by Nebraska entities have been $3000 and $1500. It is suggested that each entity change
their fee schedule to adopt these fees instead of including them in the zoning regulations.
If they are included in the zoning regulations they cannot be changed without going
through the process to amend the regulations.
Section x.23
This section only applies to towers and facilities built on City/Village/County owned
property.
Section x.28
This section allows the applicant to make a request that does not conform to these
regulations. Once the request is made, CMS will review the request and the reasoning
behind the request. For example if the tower applicant cannot find a piece of property
large enough to meet the setback for their tower in the right location they can request
relief to put the tower on the piece they are able to find. CMS may recommend in favor
of that if the tower company can provide evidence of additional structural elements to the
tower or break points in the tower that will help insure that the tower will fall within the
existing property boundaries if there ever is an issue.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Hall County Board,
Grand Island City Council, Wood River City Council and the Village Boards of Alda,
Cairo and Doniphan approve the changes to the regulations as proposed.
___________________ Chad Nabity AICP, Planning Director
REQUEST FOR PROPOSALS BY THE HALL COUNTY
REGIONAL PLANNING COMMISSION FOR WIRELESS
TELECOMMUNICATIONS FACILITY SITING SERVICES
Request for Proposals
1. PURPOSE
The Hall County Regional Planning Commission on behalf of Hall County, the Cities
of Grand Island and Wood River, and the Villages of Alda, Doniphan and Cairo is
pursuing a contract to retain a Consultant to provide professional services for the
purpose of assisting, advising and representing the above governmental units on
matters relating to the preparation of a Wireless Telecommunications Facilities Local
Ordinances/Regulation for the said entities, and reviewing and analyzing applications
received by said entities for Wireless Telecommunications Facilities and other
Telecommunications related matters and issues.
2. SCOPE OF WORK
LOCAL ORDINANCE/REGULATION
Consultant shall prepare and deliver to the Hall County Regional Planning
Commission a draft Wireless Telecommunications Facilities Local
Ordinance/Regulation (hereinafter referred to as Ordinance) which is consistent with
the Federal Telecommunications Act of 1996 and applicable Nebraska statutes.
SERVICES RELATED TO THE PROCESSING OF APPLICATIONS
Consultant shall furnish appropriate Wireless Telecommunications Facilities siting
assistance and advice to the Client and Client officials involved in the processing of
applications for Wireless Telecommunications Facilities, and, in connection
therewith, shall:
a. Review all applications filed with the County or Municipal Entity for Wireless
Telecommunications Facilities;
b. Assist and advise the County or Municipal Entity in the analysis of the
applications, to include attending meetings with the Applicants and/or County
and/or Municipal Staff or officials as required;
c. Recommend in writing to the County or Municipal Entity whether a particular
application should be approved or disapproved, and set forth in writing the
reasons for such recommendation:
d. Review and certify construction of the facility in compliance with the application
and the Conditional Use Permit and in writing recommend when/if the certificate
of compliance should be issued.
3. COMPENSATION
Consultant shall provide a statement regarding the basis of compensation for the
Scope of Work to be provided.
4. TERM OF AGREEMENT
This agreement shall be for a period of up to three (3) years commencing on the date
the contract is approved. The right to terminate upon 90 days notice is reserved.
5. REQUIRED QUALIFICATIONS
Consultant shall provide a brief Statement of Qualifications with the proposal that documents, at a
minimum, the following:
1 Name, address, telephone and fax numbers of organization
2 Year established and any former names of firm
3 Whether the Consultant has any professional ties or relationships, whether direct or indirect,
with any members of the wireless industry or the tower ownership/management industry and,
if so, what companies.
4 Name, title, address and contact information of Consultant’s primary contact person
5 Brief summary of experience in performing similar services for local government
6 Professional licenses held in Nebraska
7 Number of projects related to the siting, design and construction of wireless facilities with site
acquisition, tower, service provider and carrier representatives performed in the last 12
months, i.e. for the industry, and the names of carriers or tower companies for whom work
was done.
8 Number of projects for local governments performed in past year related to the siting, design
and construction of wireless facilities
9 A Statement that the Consultant will not undertake a project related to the siting, design and
construction of wireless facilities outside of a state or local government context during the
term of the contract.
10 Certificate of Insurance indicating policy limits
11 References for similar work performed by Consultant
6. STANDARDS FOR REVIEW OF PROPOSALS
Points Criteria
20 Points No Ties to or Current Ownership in any members of the wireless industry or
the tower ownership/management industry
20 Points Experience Providing Similar Services for Local Governments
20 Points Professional Licenses held in Nebraska
20 Points Number of projects for local governments performed in past year related to the
siting, design and construction of wireless facilities
20 Points Positive Referrals
- 20 Points Ties to or Current Ownership in any members of the wireless industry or the
tower ownership/management industry
-10 Points 1 to 3 projects related to the siting, design and construction of wireless
facilities with site acquisition, tower, service provider and carrier
representatives performed in the last 12 months
-20 More than 3 projects related to the siting, design and construction of wireless
facilities with site acquisition, tower, service provider and carrier
representatives performed in the last 12 months
7. SUBMITTAL INFORMATION
Interested parties should submit 5 copies of the Proposal outlining how they would perform the scope
of work along with a compensation basis statement in a sealed envelope marked on the outside of the
envelope, RFP for Wireless Telecommunications Facility Siting Services to:
Chad Nabity
Regional Planning Director
P.O. Box 1968
Grand Island, Nebraska 68802
Proposals must be received no later than 3:00 PM Central Time on April 2, 2010.
The Hall County Regional Planning Commission or a Committee appointed by the Commission may at
their discretion request interviews with qualified applicants prior to making a recommendation to the
governing bodies and furthermore reserves the right to reject any or al proposals or waive any technicalities
in the submitted proposals.
Request for Proposals
The Hall County Regional Planning Commission is Requesting Proposals from Companies wishing to
provide Wireless Telecommunications Facility Siting Services to Hall County, Grand Island, Wood River,
Alda, Cairo, and Doniphan. An information packet outlining the services requested and qualifications for
evaluation can be requested from at (308) 385-5240 or on the web at www.grand-island.com on the
Regional Planning/Community Development Page.
Interested parties should submit 5 copies of the Proposal outlining how they would perform the scope of
work along with a compensation basis statement in a sealed envelope marked on the outside of the
envelope, RFP for Wireless Telecommunications Facility Siting Services to:
Chad Nabity
Regional Planning Director
P.O. Box 1968
Grand Island, Nebraska 68802
Proposals must be received no later than 3:00 PM Central Time on April 2, 2010.
The Hall County Regional Planning Commission or a Committee appointed by the Commission may at
their discretion request interviews with qualified applicants prior to making a recommendation to the
governing bodies and furthermore reserves the right to reject any or al proposals or waive any technicalities
in the submitted proposals.
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ARTICLE XI WIRELESS COMMUNICATION FACILITES
36-168.01. Purpose and Legislative Intent.
The Telecommunications Act of 1996 affirmed the City of Grand Island’s authority concerning the
placement, construction and modification of Wireless Telecommunications Facilities. The City of Grand
Island finds that Wireless Telecommunications Facilities may pose significant concerns to the health,
safety, public welfare, character and environment of the City and its inhabitants. The City also recognizes
that facilitating the development of wireless service technology can be an economic development asset to
the City and of significant benefit to the City and its residents. In order to insure that the placement,
construction or modification of Wireless Telecommunications Facilities is consistent with the City’s land
use policies, the City is adopting a single, comprehensive, Wireless Telecommunications Facilities
application and permit process. The intent of this Local Ordinance 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 environmental impacts of such facilities, and
protect the health, safety and welfare of the City of Grand Island.
36-168.02. Title.
This Ordinance shall be known and cited as the Wireless Telecommunications Facilities Siting Ordinance
for the City of Grand Island.
36-168.03. Severability.
A) If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance 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 Ordinance,
and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain
in full force and effect.
B) Any Conditional Use Permit issued under this Ordinance 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 City.
36-168.04. Definitions.
For purposes of this Ordinance, 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 not inconsistent 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.
A) “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.
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B) “Applicant” means any Wireless service provider submitting an Application for a Conditional
Use Permit for Wireless Telecommunications Facilities.
C) “Application” means all necessary and appropriate documentation that an Applicant submits in
order to receive a Conditional Use Permit for Wireless Telecommunications Facilities.
D) “Antenna” means a system of electrical conductors that transmit or receive electromagnetic
waves or radio frequency or other wireless signals.
E) “Co-location” means the use of an existing Tower or structure to support Antennae for the
provision of wireless services. A replacement tower that is constructed on the same site as an
existing tower will be considered a co-location as long as the new tower is no taller than the old
tower and that the old tower is removed within 90 days (weather permitting) after the new tower
is constructed.
F) “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 satisfactory financial return on investment or profit,
standing alone, shall not deem a situation to be “commercial impracticable” and shall not render an
act or the terms of an agreement “commercially impracticable”.
G) “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.
H) “Council” means the City Council of the City of Grand Island.
I) “FAA” means the Federal Aviation Administration, or its duly designated and authorized
successor agency.
J) “FCC” means the Federal Communications Commission, or its duly designated and authorized
successor agency.
K) “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, lightening protection device or strobe.
L) “Modification” or “Modify” means, the addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless facility, such as antennas, cabling,
equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any
visually discernable components, vehicular access, parking and/or an upgrade or changeout of
equipment for better or more modern equipment. Adding a new wireless carrier or service
provider to a Telecommunications Tower or Telecommunications Site as a co-location is a
modification. A Modification shall not include the replacement 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 adding, removing or
changing anything.
Comment [CoGI1]: Defined reasonably
short time
Comment [CoGI2]: Added strobe to this list
for lighted towers
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M) “NIER” means Non-Ionizing Electromagnetic Radiation
N) “Person” means any individual, corporation, estate, trust, partnership, joint stock company,
association of two (2) or more persons having a joint common interest, or any other entity.
O) “Personal Wireless Facility” See definition for ‘Wireless Telecommunications Facilities’
P) “Personal Wireless Services”or “PWS” means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange and is also referred to as “Personal
Telecommunications Service” or “PCS”
Q) "Repairs and Maintenance" means the replacement 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.
R) “Conditional 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 City.
S) “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 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,
T) “State” means the State of Nebraska.
U) “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
V) “Telecommunication Site” See definition for Wireless Telecommunications Facilities
W) “Telecommunications Structure” means a structure used in the provision of services described
in the definition of ‘Wireless Telecommunications Facilities’
X) “Temporary” means, temporary in relation to all aspects and components of Article XI of this
ordinance, something intended to, or that does not exist for more than ninety (90) days.
Y) “Tower” means any structure designed primarily to support an antenna for receiving and/or
transmitting a wireless signal.
Z) “Wireless Telecommunications Facilities” means 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 and kinds and structures, including, but not limited
to buildings, church steeples, silos, water towers, signs or other structures that can be used as a
4
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, specialized mobile radio (SMR), paging, 911, Personal Communications Services (PCS),
commercial satellite services, microwave services and any commercial wireless
telecommunication service not licensed by the FCC.
36-168.05. Overall Policy and Desired Goals for Conditional Use
Permits and Administrative Review for Wireless
Telecommunications Facilities.
In order to ensure that the placement, construction, and modification of Wireless Telecommunications
Facilities protects the City’s health, safety, public welfare, environmental features, the nature and
character of the community and neighborhood and other aspects of the quality of life specifically listed
elsewhere in this Ordinance, the City hereby adopts an overall policy with respect to Conditional Use
Permits and Administrative Review for Wireless Telecommunications Facilities for the express purpose of
achieving the following goals:
A) Requiring a Conditional Use Permit for any new Wireless Telecommunications Facility
B) Requiring Administrative Review for co-location or modification of a Wireless
Telecommunications Facility that does not require a change in the height of the tower.
C) Implementing an Application process for person(s) seeking a Conditional Use Permit for or
Administrative Review of Wireless Telecommunications Facilities;
D) Establishing a policy for examining an application for and issuing a Conditional Use Permit, and
Administrative Reviews for Wireless Telecommunications Facilities that is both fair and
consistent.
E) Promoting and encouraging, wherever possible, the sharing and/or co-location of Wireless
Telecommunications Facilities among service providers
E) 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.
F) That in granting a Conditional Use Permit or permitting after Administrative Review, the City has
found that the facility shall be the most appropriate site as regards being the least visually intrusive
among those available in the City.
Comment [C3]: Administrative Review gives
the opportunity to review the towers for safety
and loading and forces the communication
companies to consider sites as outlined by the
preference of the city, village or county.
5
36-168.06. Exceptions from a Conditional Use Permit for Wireless
Telecommunications Facilities.
A) Except as otherwise provided by this Ordinance no Person shall be permitted to site, place, build,
construct, modify or prepare any site for the placement or use of, Wireless Telecommunications
Facilities as of the effective date of this Ordinance without having first obtained a Conditional Use
Permit for Wireless Telecommunications Facilities. Notwithstanding anything to the contrary in
this section, no Conditional Use Permit shall be required for those non-commercial exceptions
noted in §36-168.07.
B) All legally permitted Wireless Telecommunications Facilities, constructed as permitted, existing on
or before the effective date of this Ordinance 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 and any new installation to comply with this Ordinance.
Relief from these regulations, for existing legally permitted Wireless Telecommunications
Facilities, may be sought by the applicant as shown in section §36-168.28 of this ordinance.
C) Any Repair and Maintenance of a Wireless Facility does not require an Application for a
Conditional Use Permit.
36-168.07. Exclusions. The following shall be exempt from this
Ordinance:
A) The City’s fire , police, department of transportation or other public service facilities owned and
operated by the local government.
B) Any facilities expressly exempt from the City’s siting, building and permitting authority.
C) 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.
D) Facilities exclusively for private, non-commercial radio and television reception and private
citizen’s bands, licensed amateur radio and other similar non-commercial Telecommunications.
E) Facilities exclusively for providing unlicensed spread spectrum technologies (such as IEEE
802.11a, b, g (Wi-Fi) and Bluetooth) where the facility does not require a new tower.
36-168.08. Conditional Use Permit Application and Other
Requirements.
A) All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any
modification of such facility shall comply with the requirements set forth in this Ordinance. The
City Council is the officially designated agency or body of the City to whom applications for a
Conditional Use Permit for Wireless Telecommunications Facilities must be made, and that is
authorized to review, analyze, evaluate and make decisions with respect to granting or not granting
or revoking Conditional Use Permits for Wireless Telecommunications Facilities. The City may at
Comment [C4]: This does not grandfather
existing towers if they need to make any
changes. This could be problematic for towers
issued with permits based on the current
height limitations
6
its discretion delegate or designate other official agencies or officials of the City to accept, review,
analyze, evaluate and make recommendations to the City Council with respect to the granting or
not granting or revoking Conditional Use Permits for Wireless Telecommunications Facilities.
B) The City may reject applications not meeting the requirements stated herein or which are
otherwise incomplete
C) No Wireless Telecommunications Facilities shall be installed, constructed or modified until the
Application is reviewed and approved by the City, and the Conditional Use Permit has been
issued.
D) Any and all representations made by the Applicant to the City on the record during the Application
process, whether written or verbal, shall be deemed a part of the Application and may be relied
upon in good faith by the City.
E) An Application for a Conditional Use Permit for Wireless Telecommunications Facilities 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.
.
F) The Applicant must provide documentation to verify it has the right to proceed as proposed on the
Site. This would require an executed copy of the lease with the landowner or landlord or a signed
letter acknowledging authorization. If the applicant owns the site, a copy of the ownership record
is required.
G) The Applicant shall include a statement in writing:
1) That the applicant’s proposed Wireless Telecommunications Facilities shall be maintained in a safe
manner, and in compliance with all conditions of the Conditional Use Permit, without exception,
unless specifically granted relief by the City in writing, as well as all applicable and permissible
local codes, ordinances, and regulations, including any and all applicable City, State and Federal
Laws, rules, and regulations;
2) That the construction of the Wireless Telecommunications Facilities is legally permissible,
including, but not limited to the fact that the Applicant is authorized to do business in the
State.
H) Where a certification is called for in this Ordinance, such certification shall bear the signature and
seal of a Registered Professional surveyor, engineer, architect and or other individual as
necessary, licensed in the State of Nebraska.
I) In addition to all other required information as stated in this ordinance, all applications for the
construction or installation of new Wireless Telecommunications Facilities or modification of an
existing facility shall contain the information hereinafter set forth.
1) A descriptive statement of the objective(s) for the new facility or modification including and
expanding on a need such as coverage and/or capacity requirements;
2) Doc umentation that demonstrates and proves the need for the Wireless
Telecommunications Facility to provide service primarily and essentially within the City.
Comment [C5]: This may differ based on
what is being considered, survey, construction
plans, stealth antennas, geo technical data
etc..
7
Such documentation shall include propagation studies of the proposed site and all adjoining
planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage
and/or if a capacity need, including an analysis of current and projected usage;
3) The name, address and phone number of the person preparing the report;
4) The name, address, and phone number of the property owner and Applicant, and to include
the legal name of the Applicant. If the site is a tower and the owner is different that the
applicant, provide name and address of the tower owner;
5) The 911 address and tax parcel number of the property;
6) The Zoning District in which the property is situated;
7) Size of the property stated both in square feet and lot line dimensions, and a survey showing
the location of all lot lines;
8) The location of nearest residential structure;
9) The location, size and height of all existing and proposed structures on the property which is
the subject of the Application;
10) The type, locations and dimensions of all proposed and existing landscaping, and fencing;
11) The azimuth, size and center-line height location of all proposed and existing antennae on the
supporting structure;
12) The number, type and model of the Antenna(s) proposed with a copy of the specification
sheet;
13) The make, model, type and manufacturer of the Tower and design plan stating the Tower’s
capacity to accommodate multiple users
14) A site plan describing the proposed Tower and Antenna(s) and all related fixtures,
structures, appurtenances and apparatus, including height above pre-existing grade,
materials, color and lighting;
15) The frequency, modulation and class of service of radio or other transmitting equipment;
16) The actual intended transmission power stated as the maximum effective radiated power
(ERP) in watts;
17) Signed documentation such as the “Checklist to Determine Whether a Facility is
Categorically Excluded” to verify that the Wireless Telecommunication Facility with the
proposed installation will be in full compliance with the current FCC RF Emissions guidelines
(NIER). If not categorically excluded, a complete RF Emissions study is required to provide
verification;
18) A signed statement that the proposed installation will not cause physical or RF interference
with other telecommunications devices;
19) A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facilities;
20) A copy of the geotechnical sub-surface soils investigation, evaluation report and foundation
recommendation for a proposed or existing Tower site and if existing Tower or water tank
site, a copy of the installed foundation design. The investigation, evaluation and design shall
be prepared by a licensed professional.
J) The applicant will provide a written copy of an analysis, completed by a qualified individual or
organization, to determine if the proposed new Tower or existing structure intended to support
wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if
it 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 with the FAA, all responses from the FAA and any
related correspondence shall be provided with the application. If the analysis determines that the
8
structure is within the approach or turning zone of the airport then approvals must be received
from the local airport.
K) Application for New Tower
1) 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 City. Copies of written requests and
responses for shared use shall be provided to the City in the Application, along with any
letters of rejection stating the reason for rejection.
2) In order to better inform the public, in the case of a new Telecommunication Tower, the
Applicant shall, prior to the public hearing on the application, hold a “balloon test”. The
Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three (3) foot
in diameter brightly colored balloon at the maximum height of the proposed new Tower.
The dates, (including a second date, in case of poor visibility on the initial date) times and
location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14)
days in advance of the first test date in a newspaper with a general circulation in the City.
The Applicant shall inform the City, in writing, of the dates and times of the test, at least
fourteen (14) days in advance. The balloon shall be flown for at least four consecutive
hours sometime between 7:00 am and 4:00 pm on the dates chosen. The primary date shall
be on a weekend, but in case of poor weather on the initial date, the secondary date may be
on a weekday. A report with pictures from various locations of the balloon shall be provided
with the Application.
3) The Applicant shall examine the feasibility of designing the proposed Tower to
accommodate future demand for at least four (4) additional commercial applications, for
example, future co-locations. The Tower shall be structurally designed to accommodate at
least four (4) additional Antenna Arrays equal to those of the Applicant, and located as
close to the Applicant’s Antenna as possible without causing interference. This requirement
may be waived, provided 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:
a) The foreseeable number of FCC licenses available for the area;
b) The kind of Wireless Telecommunications Facilities site and structure proposed;
c) The number of existing and potential licenses without Wireless Telecommunications
Facilities spaces/sites;
d) Available space on existing and approved Towers.
4) 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:
a) Respond within 60 days to a request for information from a potential shared-use
Applicant;
b) Negotiate in good faith concerning future requests for shared use of the new Tower
by other Telecommunications providers;
9
c) Allow shared use of the new Tower if another Telecommunications provider agrees
in writing to pay reasonable charges. The charges may include, but are not limited to,
a pro rata share of the cost of site selection, planning, project administration, land
costs, site design, construction and maintenance financing, return on equity, less
depreciation, and all of the costs of adapting the Tower or equipment to accommodate
a shared user without causing electromagnetic interference.
d) Failure to abide by the conditions outlined above may be grounds for revocation of the
Conditional Use Permit.
L) The Applicant shall provide certification with documentation (structural analysis as provided by a
professional engineer licensed in the State of Nebraska) including calculations that the
Telecommunication Facility Tower and foundation and attachments, rooftop support structure,
water tank structure, and any other supporting structure as proposed to be utilized are designed
and will be constructed to meet all local, City, State and Federal structural requirements for loads,
including wind and ice loads.
M) If proposal is for a co-location or modification on an existing Tower, the applicant is to provide
signed documentation of the Tower condition such as an ANSI report as per Annex E, Tower
Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or most recent version. The
inspection report must be performed every three (3) years for a guyed tower and five (5) years
for monopoles and self-supporting towers.
N) All proposed Wireless Telecommunications Facilities shall contain a demonstration that the Facility
will be sited so as to minimize visual intrusion as much as possible, given the facts and
circumstances involved and will thereby have the least adverse visual effect on the environment
and its character and on the residences in the area of the Wireless Telecommunications Facility.
O) If a new Tower, proposal for a new Antenna attachment to an existing structure, or modification
adding to a visual impact, the Applicant shall furnish a Visual Impact Assessment, which shall
include:
1) If a new Tower or increasing the height of an existing structure is proposed, a computer
generated “Zone of Visibility Map” at a minimum of one mile radius from the proposed
structure, with and without foliage shall be provided to illustrate locations from which the
proposed installation may be seen.
2) Pictorial representations of “before and after” (photo simulations) views from key viewpoints
both inside and outside of the City as may be appropriate, including but not limited to State
highways and other major roads; State and local parks; other public lands; historic districts;
preserves and historic sites normally open to the public; and from any other location where the
site is visible to a large number of visitors, travelers or residents. Guidance will be provided,
concerning the appropriate key sites at the pre-application meeting. Provide a map showing
the locations of where the pictures were taken and distance from the proposed structure.
3) A written description of the visual impact of the proposed facility including; and 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.
10
P) 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
Q) 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 may include the
utilization of stealth or concealment technology if required by the City.
R) All utilities at a Wireless Telecommunications Facilities site shall be installed underground
whenever possible and in compliance with all Laws, Ordinances, rules and regulations of the City,
including specifically, but not limited to, the National Electrical Safety Code and the National
Electrical Code where appropriate.
S) At a Telecommunications Site, an access road, turn-around space and parking sha ll 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.
T) 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 City, 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,
and land use codes. In the event of a conflict between or among any of the preceding the more
stringent shall apply.
U) A holder of a Conditional Use Permit granted under this Ordinance shall obtain, at its own
expense, all permits and licenses required by applicable Law, rule, regulation or code, and must
maintain the same, in full force and effect, for as long as required by the City or other
governmental entity or agency having jurisdiction over the applicant.
V) There shall be a pre-application meeting. The purpose of the pre-application meeting will be to
address issues that will help to expedite the review and permitting process. A pre-application
meeting shall also include a site visit if there has not been a prior site visit for the requested site.
W) An Applicant shall submit to the City the number of completed Applications determined to be
needed at the pre-application meeting. Written notification of the Application shall be provided to
the legislative body of all adjacent municipalities as applicable and/or requested.
X) The holder of a Conditional Use Permit shall notify the City of any intended Modification of a
Wireless Telecommunication Facility and shall apply to the City to modify, relocate or rebuild a
Wireless Telecommunications Facility.
11
36-168.09. Location of Wireless Telecommunications Facilities.
A) Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless
Telecommunications Facilities in accordance with the following priorities, one (1) being the highest
priority and seven (8) being the lowest priority.
1) On existing Towers or other structures on City owned properties.
2) On existing Towers or other structures on other property in the city
3) A new Tower on City-owned properties;
4) A new Tower on properties in areas zoned for Heavy Manufacturing use
5) A new Tower on properties in areas zoned for Manufacturing uses other than Heavy
Manufacturing
6) A new Tower on properties in areas zoned for Commercial use
7) A new Tower on properties in areas zoned for Agricultural use not planned for residential
use in Comprehensive Plan
8) A new Tower on properties in areas zoned for Residential use
B) If the proposed site is not proposed for the highest priority listed above, then a detailed explanation
must be provided as to why a site of a higher priority was not selected. The person seeking such
an exception must satisfactorily demonstrate the reason or reasons why such a permit should be
granted for the proposed site, and the hardship that would be incurred by the Applicant if the
permit were not granted for the proposed site.
C) An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site
leased or selected. An Application shall address co-location as an option. If such option is not
proposed, the Applicant must explain to the reasonable satisfaction of the City why co-location is
Commercially or otherwise Impracticable. Agreements between providers limiting or prohibiting
co-location shall not be a valid basis for any claim of Commercial Impracticability or hardship.
D) Notwithstanding the above, the City may approve any site located within an area in the above list
of priorities, provided that the City finds that the proposed site is in the best interest of the health,
safety and welfare of the City and its inhabitants and will not have a deleterious effect on the
nature and character of the community and neighborhood.
E) The Applicant shall submit a 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.
F) Notwithstanding that a potential site may be situated in an area of highest priority or highest
available priority, the City may disapprove an Application for any of the following reasons.
1) Conflict with safety and safety-related codes and requirements;
2) Conflict with the historic nature or character of a neighborhood or historical district;
3) The use or construction of Wireless Telecommunications Facilities which is contrary to an
already stated purpose of a specific zoning or land use designation;
4) 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 City, or employees of the service provider or other service providers;
Comment [C6]: Need to decided on priorities.
The Manufacturing, Commercial, Agricultural,
Residential is obvious but how do we feel
about cell sites on public land. This is a
potential source of long term revenue for the
communities. We could also eliminate the
public provisions and just do this based on the
zoning district.
12
5) Conflicts with the provisions of this Ordinance.
36-168.10. Shared Use of Wireless Telecommunications Facilities
and Other Structures.
A) The City shall prefer Applicants to locate on existing Towers or others structures without
increasing the height instead of the construction of a new Tower. The Applicant shall submit a
comprehensive report inventorying existing Towers and other suitable structures within one (1)
mile of the location of any proposed new Tower, unless the Applicant can show that some other
distance is more reasonable and demonstrate conclusively why an existing Tower or other suitable
structure cannot be used.
B) 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.
C) Such shared use shall consist only of the minimum Antenna Array technologically required to
provide service primarily and essentially within the City, to the extent practicable, unless good
cause is shown.
36-168.11. Height of Telecommunications Tower(s).
A) The Applicant shall submit documentation justifying the total height of any Tower, Facility and/or
Antenna requested and the basis therefore. Documentation in the form of propagation studies
must include all backup data used to perform at requested height and a minimum of ten (10’) feet
lower height to allow verification of this height need. Such documentation will be analyzed in the
context of the justification of the height needed to provide service primarily and essentially within
the City, to the extent practicable, unless good cause is shown.
B) No Tower constructed after the effective date of this Ordinance, including allowing for all
attachments, shall exceed that height which shall permit operation without required artificial
lighting of any kind in accordance with City, State, and/or any Federal statute, law, local law, City
Ordinance, code, rule or regulation.
36-168.12. Visibility of Wireless Telecommunications Facilities.
A) Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as
required by Law. Towers requiring lighting shall submit a request for relief from §36-168.11 (B)
as allowed under §36-168.28 of this ordinance.
B) 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 Ordinance.
C) If lighting is required, Applicant shall provide a plan for sufficient lighting of as unobtrusive and
inoffensive an effect as is permissible under State and Federal regulations.
36-168.13. 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. Specifically:
13
A) 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
B) 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.
36-168.14. Signage.
Wireless Telecommunications Facilities shall contain a sign no larger than four (4) 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. 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) as well as emergency phone number(s). The
sign shall be on the equipment shelter or cabinet of the Applicant and be visible from the access point of
the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC
registration site as applicable is also to be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting. No other signage, including advertising, shall be permitted.
36-168.15. Lot Size and Setbacks.
All proposed Towers and any other proposed Wireless Telecommunications Facility structures shall be set
back from 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 (10%) of the height of the Tower or structure, or
the existing setback requirement of the underlying Zoning District, whichever is greater. Any Accessory
structure shall be located so as to comply with the applicable minimum setback requirements for the
property on which it is situated.
36-168.16. Retention of Expert Assistance and Reimbursement by
Applicant.
A) The City may hire any consultant and/or expert necessary to assist the City in reviewing and
evaluating the Application, including the construction and modification of the site, once permitted,
and any site inspections.
B) An Applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable
costs of consultant and expert evaluation and consultation to the City in connection with the
review of any Application including where applicable, the lease negotiation, the pre -approval
evaluation, and the construction and modification of the site, once permitted. The initial deposit
shall be $8,500.00. The placement of the $8,500.00 with the City shall precede the pre-application
meeting. The City will maintain a separate escrow account for all such funds. The City’s
consultants/experts shall invoice the City for its services related to the Application. If at any time
during the process this escrow account has a balance less than $2,500.00, the Applicant shall
immediately, upon notification by the City, replenish said escrow account so that it has a balance
of at least $5,000.00. Such additional escrow funds shall be deposited with the City before any
further action or consideration is taken on the Application. In the event that the amount held in
escrow by the City is more than the amount of the actual invoicing at the conclusion of the project,
the remaining balance shall, upon request of the Applicant, be promptly refunded to the Applicant.
Comment [C7]: The existing setback
requirements are less than what would be
required here.
Existing Setback Requirements §36-
173. Setbacks and Separation or Buffer Re
quirements
(A) All towers up to fifty (50) feet in height
shall be set back on all sides a distance equal to
the underlying setback requirement in the
applicable zoning district. Towers in excess of
fifty (50) feet in height shall be set back one
additional foot for each foot of tower height in
excess of fifty (50) feet, except where such
setback is from property owned, controlled
and/or maintained by the City of Grand Island
and the City Council finds in granting the permit
that reducing such additional setback will not
cause harm to the intended use of the public
property. The height of a tower shall be
measured from the grade at the foot of the base
pad to the top of any telecommunications
facilities or antennas attached thereto. Setback
requirements shall be measured from the base of
the tower to the property line of the tract of
land on which it is located.
(B) Towers exceeding one hundred (100) feet in
height may not be located in any residential
zoned district and must be separated from all
residential zoned land and occupied structures
other than those utilized by the tower owner, by
a minimum of two hundred (200) feet or one
hundred percent (100%) of the height of the
proposed tower, whichever is greater.
(C) Towers of one hundred (100) feet or less in
height may be located in residential zoned
districts provided said tower is separated from
any residential structure, school, church, and/or
occupied structures other than those utilized by
the tower owner, by a minimum of one hundred
percent (100%) of the height of proposed tower.
14
C) The total amount of the funds needed as set forth in subsection (B) of this section may vary with
the scope (lease negotiations and/or review) 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.
36-168.17. Public Hearing and Notification Requirements.
A) Prior to the approval of any Application for a Conditional Use Permit for Wireless
Telecommunications Facilities, a Public Hearing shall be held by the City, notice of which shall be
published in the newspaper general circulation in of the City no less than ten (10) calendar days
prior to the scheduled date of the Public Hearing. In order that the City may notify nearby
landowners, the Application shall contain the names and address of all landowners whose property is
located within two hundred (200) feet of any property line of the lot or parcel on which the new
Wireless Telecommunications Facilities are proposed to be located.
B) There shall be no Public Hearing required for an Application to co-locate on an existing Tower or
other structure or a modification at an existing site, as long as there is no proposed increase in the
height of the Tower or structure, including attachments thereto.
C) The City shall schedule the Public Hearing referred to in Subsection (A) of this section once it
finds the Application is complete, the City, at any stage prior to issuing a Conditional Use Permit,
may require such additional information as it deems necessary.
36-168.18. Action on an Application for a Conditional Use Permit for
Wireless Telecommunications Facilities.
A) The City will 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.
B) The City may refer any Application or part thereof to any advisory, other committee or
commission for a non-binding recommendation.
C) After the Public Hearing and after formally considering the Application, the City may approve,
approve with conditions, or deny a Conditiona l Use Permit. Its decision shall be in writing and shall
be supported by substantial evidence contained in a written record. The burden of proof for the
granting of the Permit shall always be upon the Applicant.
D) If the City approves the Conditional Use Permit for Wireless Telecommunications Facilities, then
the Applicant shall be notified of such approval in writing within ten (10) calendar days of the
City’s action, and the Conditional Use Permit shall be issued within thirty (30) days after such
approval. Except for necessary building permits, and subsequent Certificates of Compliance, once
a Conditional Use Permit has been granted hereunder, no additional permits or approvals from the
City, such as site plan or zoning approvals, shall be required by the City for the Wireless
Telecommunications Facilitie s covered by the Conditional Use Permit.
15
E) If the City denies the Conditional Use Permit for Wireless Telecommunications Facilities, then the
Applicant shall be notified of such denial in writing within ten (10) calendar days of the City’s
action.
36-168.19. Extent and Parameters of Conditional Use Permit for
Wireless Telecommunications Facilities.
The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall
be as follows:
A) Such Conditional Use Permit shall not be assigned, transferred or conveyed without the express
prior written notification to the City.
B) Such Conditional Use Permit may, following a hearing upon due prior notice to the Applicant, be
revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional
Use Permit, or for a material violation of this Ordinance after prior written notice to the holder of
the Conditional Use Permit.
36-168.20. Application Fee.
At the time that a Person submits an Application for a Conditional Use Permit for a new Tower or an
Administrative Review of an existing tower or structure, such Person shall pay a non-refundable
application fee to the City as set by the City Fee Schedule.
36-168.21. 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 City a bond, or other form
of security acceptable to the City as to type of security and the form and manner of execution, in an
amount of at least $75,000.00 for a Tower facility and $25,000 for a co-location on an existing tower or
other structure and with such sureties as are deemed sufficient by the City to assure the faithful
performance of the terms and conditions of this Ordinance and conditions of any Conditional Use Permit
issued pursuant to this Ordinance. The full amount of the bond or security shall remain in full force and
effect throughout the term of the Conditional 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 Conditional Use Permit.
36-168.22. Reservation of Authority to Inspect Wireless
Telecommunications Facilities.
In order to verify that the holder of a Conditional 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 City 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.
Comment [C8]: Each entity will have to
include conditional use permits for wireless
communication facilities in their fee schedule.
The consults recommend $5000 for a new
tower and $2500 for a co-location or
Administrative Review nationally. Nebraska
counties tend to make those fees $3000 and
$1500.
16
36-168.23. Liability Insurance for facilities located on city owned
property
A) A holder of a Conditional 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 Conditional Use Permit in amounts as set
forth below
1) Commercial General Liability covering personal injuries, death and property damage:
$1,000,000 per occurrence/$2,000,000 aggregate;
2) Automobile Coverage: $1,000,000 per occurrence/ $2,000,000 aggregate;
3) Workers Compensation and Disability: Statutory amounts
B) For a Wireless Telecommunications Facility on City property, the Commercial General Liability
insurance policy shall specifically include the City and its officers, Councils, employees, committee
members, attorneys, agents and consultants as additional insureds.
C) 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.
D) The insurance policies shall contain an endorsement obligating the insurance company to furnish
the City with at least forty five -(45) days prior written notice in advance of the cancellation of the
insurance.
E) Renewal or replacement policies or certificates shall be delivered to the City at least fifteen (15)
days before the expiration of the insurance that such policies are to renew or replace.
F) Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no
case later than fifteen (15) days after the granting of the Conditional Use Permit, the holder of the
Conditional Use Permit shall deliver to the City a copy of each of the policies or certificates
representing the insurance in the required amounts.
36-168.24. Indemnification.
A) Any application for Wireless Telecommunication Facilities that is proposed for City property,
pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision
shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify,
protect, save, hold harmless, and exempt the City, 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 City, 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 City.
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B) Notwithstanding the requirements noted in subsection (A) of this section, an indemnification
provision will not be required in those instances where the City itself applies for and secures a
Conditional Use Permit for Wireless Telecommunications Facilities
36-168.25. Fines (Reference section §36-161)
A) In the event of a violation of this Ordinance or any Conditional Use Permit issued pursuant to this
Ordinance, the City may prosecute the holder of the Conditional Use Permit for Wireless
Telecommunications Facilities shall pay fines or penalties as set forth in §36-161.
B) Notwithstanding anything in this Ordinance, the holder of the Conditional 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 Ordinance or any section of this Ordinance. An
attempt to do so shall subject the holder of the Conditional Use Permit to termination and
revocation of the Conditional Use Permit. The City may also seek injunctive relief to prevent the
continued violation of this Ordinance, without limiting other remedies available to the City.
36-168.26. Default and/or Revocation.
If a Wireless Telecommunications Facility is repaired, rebuilt, placed, moved, re -located, modified
or maintained in a way that is inconsistent or not in compliance with the provisions of this
Ordinance or of the Conditional Use Permit, then the City shall notify the holder of the Conditional
Use Permit in writing of such violation. A Permit holder in violation may be considered in default
and subject to fines as in Section 36-168.25 and if a violation is not corrected to the satisfaction of
the City in a reasonable period of time the Conditional Use Permit is subject to revocation.
36-168.27. Removal of Wireless Telecommunications Facilities.
A) Under the following circumstances, the City may determine that the health, safety, and welfare
interests of the City warrant and require the removal of Wireless Telecommunications Facilities.
1) Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as
Wireless Telecommunications Facilities) for a period exceeding ninety consecutive (90) days
or a total of one hundred-eighty (180) days in any three hundred-sixty five (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;
2) Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it
creates a health or safety hazard;
3) Wireless Telecommunications Facilities have been located, constructed, or modified without
first obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any
other necessary authorization and the Conditional Use Permit may be revoked.
B) If the City makes such a determination as noted in subsection (A) of this section, then the City
shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications
Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be
removed, the City may approve an interim temporary use agreement/permit, such as to enable the
sale of the Wireless Telecommunications Facilities.
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C) The holder of the Conditional Use Permit, or 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 ninety (90) days of receipt of
written notice from the City. 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 City.
D) If Wireless Telecommunications Facilities are not removed or substantial progress has not been
made to remove the Wireless Telecommunications Facilities within ninety (90) days after the
Permit holder has received notice, then the City may order officials or representatives of the City
to remove the Wireless Telecommunications Facilities at the sole expense of the owner or
Conditional Use Permit holder.
E) If, the City 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 (10) days, then the City may take steps to declare the Wireless
Telecommunications Facilities abandoned, and sell them and their components.
F) Notwithstanding anything in this Section to the contrary, the City may approve a temporary use
permit/agreement for the Wireless Telecommunications Facilities, for no more ninety (90) days,
during which time a suitable plan for removal, conversion, or re-location of the affected Wireless
Telecommunications Facilities shall be developed by the holder of the Conditiona l Use Permit,
subject to the approval of the City, and an agreement to such plan shall be executed by the holder
of the Conditional Use Permit and the City. If such a plan is not developed, approved and
executed within the ninety (90) day time period, then the City may take possession of and dispose
of the affected Wireless Telecommunications Facilities in the manner provided in this Section.
36-168.28. Relief.
Any Applicant desiring relief, waiver or exemption from any aspect or requirement of this Ordinance may
request such, provided that the relief or exemption is contained in the submitted Application for either a
Conditional Use Permit, or in the case of an exis ting or previously granted Conditional Use Permit a
request for modification of its Tower and/or facilities. Such relief may be temporary or permanent, partial
or complete. However, 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 City 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 affect on the health, safety and welfare of the City, its residents and other service providers.
36-168.29. Periodic Regulatory Review by the City.
A) The City may at any time conduct a review and examination of this entire Ordinance.
B) If after such a periodic review and examination of this Ordinance, the City determines that one or
more provisions of this Ordinance should be amended, repealed, revised, clarified, or deleted, then
the City may take whatever measures are necessary in accordance with applicable Law in order
to accomplish the same. It is noted that where warranted, and in the best interests of the City, the
City may repeal this entire Ordinance at any time.
19
C) Notwithstanding the provisions of subsections (A) and (B) of this Section, the City 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 Ordinance.
36-168.30. Adherence to State and/or Federal Rules and
Regulations.
A) To the extent that the holder of a Conditional 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 Conditional 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.
B) To the extent that 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 Conditional Use Permit for Wireless Telecommunications Facilities, then the holder
of such a Conditional 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 twenty-four (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.
36-168.31. Conflict with Other Laws.
Where this Ordinance differs or conflicts with other Laws, rules and regulations, unless the right to do so
is preempted or prohibited by the City, State or Federal government, this Ordinance shall apply.
36-168.32. Effective Date.
This ordinance shall be in full force and effect from and after its passage, approval and publication, in
pamphlet form, as provided by law.
36-168.33. Authority.
This local Ordinance is enacted pursuant to applicable authority granted by the State and federal
government.
1
Section 7.11 WIRELESS COMMUNICATION FACILITES
7.11.01. Purpose and Legislative Intent.
The Telecommunications Act of 1996 affirmed the Village of (Alda, Cairo or Doniphan)’s authority
concerning the placement, construction and modification of Wireless Telecommunications Facilities. The
Village of (Alda, Cairo or Doniphan) finds that Wireless Telecommunications Facilities may pose
significant concerns to the health, safety, public welfare, character and environment of the Village and its
inhabitants. The Village also recognizes that facilitating the development of wireless service technology
can be an economic development asset to the Village and of significant benefit to the Village and its
residents. In order to insure that the placement, construction or modification of Wireless
Telecommunications Facilities is consistent with the Village’s land use policies, the Village is adopting a
single, comprehensive, Wireless Telecommunications Facilities application and permit process. The intent
of this Local Ordinance 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 environmental impacts of such facilities, and protect the health, safety and welfare of the Village of
(Alda, Cairo or Doniphan).
7.11.02. Title.
This Ordinance shall be known and cited as the Wireless Telecommunications Facilities Siting Ordinance
for the Village of (Alda, Cairo or Doniphan).
7.11.03. Severability.
A) If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance 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 Ordinance,
and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain
in full force and effect.
B) Any Conditional Use Permit issued under this Ordinance 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 Village.
7.11.04. Definitions.
For purposes of this Ordinance, 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 not inconsistent 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.
A) “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.
2
B) “Applicant” means any Wireless service provider submitting an Application for a Conditional
Use Permit for Wireless Telecommunications Facilities.
C) “Application” means all necessary and appropriate documentation that an Applicant submits in
order to receive a Conditional Use Permit for Wireless Telecommunications Facilities.
D) “Antenna” means a system of electrical conductors that transmit or receive electromagnetic
waves or radio frequency or other wireless signals.
E) “Co-location” means the use of an existing Tower or structure to support Antennae for the
provision of wireless services. A replacement tower that is constructed on the same site as an
existing tower will be considered a co-location as long as the new tower is no taller than the old
tower and that the old tower is removed within 90 days (weather permitting) after the new tower
is constructed.
F) “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 satisfactory financial return on investment or profit,
standing alone, shall not deem a situation to be “commercial impracticable” and shall not render an
act or the terms of an agreement “commercially impracticable”.
G) “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.
H) “Council” means the Village Council of the Village of (Alda, Cairo or Doniphan).
I) “FAA” means the Federal Aviation Administration, or its duly designated and authorized
successor agency.
J) “FCC” means the Federal Communications Commission, or its duly designated and authorized
successor agency.
K) “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, lightening protection device or strobe.
L) “Modification” or “Modify” means, the addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless facility, such as antennas, cabling,
equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any
visually discernable components, vehicular access, parking and/or an upgrade or changeout of
equipment for better or more modern equipment. Adding a new wireless carrier or service
provider to a Telecommunications Tower or Telecommunications Site as a co-location is a
modification. A Modification shall not include the replacement 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 adding, removing or
changing anything.
3
M) “NIER” means Non-Ionizing Electromagnetic Radiation
N) “Person” means any individual, corporation, estate, trust, partnership, joint stock company,
association of two (2) or more persons having a joint common interest, or any other entity.
O) “Personal Wireless Facility” See definition for ‘Wireless Telecommunications Facilities’
P) “Personal Wireless Services”or “PWS” means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange and is also referred to as “Personal
Telecommunications Service” or “PCS”
Q) "Repairs and Maintenance" means the replacement 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.
R) “Conditional 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 City.
S) “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 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,
T) “State” means the State of Nebraska.
U) “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
V) “Telecommunication Site” See definition for Wireless Telecommunications Facilities
W) “Telecommunications Structure” means a structure used in the provision of services described
in the definition of ‘Wireless Telecommunications Facilities’
X) “Temporary” means, temporary in relation to all aspects and components of Article XI of this
ordinance, something intended to, or that does not exist for more than ninety (90) days.
Y) “Tower” means any structure designed primarily to support an antenna for receiving and/or
transmitting a wireless signal.
Z) “Wireless Telecommunications Facilities” means 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 and kinds and structures, including, but not limited
to buildings, church steeples, silos, water towers, signs or other structures that can be used as a
4
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, specialized mobile radio (SMR), paging, 911, Personal Communications Services (PCS),
commercial satellite services, microwave services and any commercial wireless
telecommunication service not licensed by the FCC.
7.11.05. Overall Policy and Desired Goals for Conditional Use Permits and
Administrative Review for Wireless Telecommunications Facilities.
In order to ensure that the placement, construction, and modification of Wireless Telecommunications
Facilities protects the Village ’s health, safety, public welfare, environmental features, the nature and
character of the community and neighborhood and other aspects of the quality of life specifically listed
elsewhere in this Ordinance, the Village hereby adopts an ove rall policy with respect to Conditional Use
Permits and Administrative Review for Wireless Telecommunications Facilities for the express purpose of
achieving the following goals:
A) Requiring a Conditional Use Permit for any new Wireless Telecommunications Facility
B) Requiring Administrative Review for co-location or modification of a Wireless
Telecommunications Facility that does not require a change in the height of the tower.
C) Implementing an Application process for person(s) seeking a Conditional Use Permit for or
Administrative Review of Wireless Telecommunications Facilities;
D) Establishing a policy for examining an application for and issuing a Conditional Use Permit and
Administrative Reviews for Wireless Telecommunications Facilities that is both fair and
consistent.
E) Promoting and encouraging, wherever possible, the sharing and/or co-location of Wireless
Telecommunications Facilities among service providers
E) 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 circumstanc es.
F) That in granting a Conditional Use Permit or permitting after Administrative Review, the Village
has found that the facility shall be the most appropriate site as regards being the least visually
intrusive among those available in the Village.
7.11.06. Exceptions from a Conditional Use Permit for Wireless
Telecommunications Facilities.
A) Except as otherwise provided by this Ordinance no Person shall be permitted to site, place, build,
construct, modify or prepare any site for the placement or use of, Wireless Telecommunications
Facilities as of the effective date of this Ordinance without having first obtained a Conditional Use
Permit for Wireless Telecommunications Facilities. Notwithstanding anything to the contrary in
Comment [C1]: Administrative Review gives
the opportunity to review the towers for safety
and loading and forces the communication
companies to consider sites as outlined by the
preference of the city, village or county.
5
this section, no Conditional Use Permit shall be required for those non-commercial exceptions
noted in §7.11.07.
B) All legally permitted Wireless Telecommunications Facilities, constructed as permitted, existing on
or before the effective date of this Ordinance 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 and any new installation to comply with this Ordinance.
Relief from these regulations, for existing legally permitted Wireless Telecommunications
Facilities, may be sought by the applicant as shown in section 7.11.28 of this ordinance.
C) Any Repair and Maintenance of a Wireless Facility does not require an Application for a
Conditional Use Permit.
7.11.07. Exclusions. The following shall be exempt from this
Ordinance:
A) The Village’s fire, police, department of transportation or other public service facilities owned and
operated by the local government.
B) Any facilities expressly exempt from the Village ’s siting, building and permitting authority.
C) 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.
D) Facilities exclusively for private, non-commercial radio and television reception and private
citizen’s bands, licensed amateur radio and other similar non-commercial Telecommunications.
E) Facilities exclusively for providing unlicensed spread spectrum technologies (such as IEEE
802.11a, b, g (Wi-Fi) and Bluetooth) where the facility does not require a new tower.
7.11.08. Conditional Use Permit Application and Other
Requirements.
A) All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any
modification of such facility shall comply with the requirements set forth in this Ordinance. The
Village Council is the officially designated agency or body of the Village to whom applications for
a Conditional Use Permit for Wireless Telecommunications Facilities must be made, and that is
authorized to review, analyze, evaluate and make decisions with respect to granting or not granting
or revoking Conditional Use Permits for Wireless Telecommunications Facilities. The Village may
at its discretion delegate or designate other official agencies or officials of the Village to accept,
review, analyze, evaluate and make recommendations to the Village Council with respect to the
granting or not granting or revoking Conditional Use Permits for Wireless Telecommunications
Facilities.
6
B) The Village may reject applications not meeting the requirements stated herein or which are
otherwise incomplete
C) No Wireless Telecommunications Facilities shall be installed, constructed or modified until the
Application is reviewed and approved by the Village , and the Conditional Use Permit has been
issued.
D) Any and all representations made by the Applicant to the Village on the record during the
Application process, whether written or verbal, shall be deemed a part of the Application and may
be relied upon in good faith by the Village .
E) An Application for a Conditional Use Permit for Wireless Telecommunications Facilities 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.
.
F) The Applicant must provide documentation to verify it has the right to proceed as proposed on the
Site. This would require an executed copy of the lease with the landowner or landlord or a signed
letter acknowledging authorization. If the applicant owns the site, a copy of the ownership record
is required.
G) The Applicant shall include a statement in writing:
1) That the applicant’s proposed Wireless Telecommunications Facilities shall be maintained in a safe
manner, and in compliance with all conditions of the Conditional Use Permit, without exception,
unless specifically granted relief by the Village in writing, as well as all applicable and permissible
local codes, ordinances, and regulations, including any and all applicable Village, State and Federal
Laws, rules, and regulations;
2) That 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.
H) Where a certification is called for in this Ordinance, such certification shall bear the signature and
seal of a Registered Professional surveyor, engineer, architect and or other individual as necessary
licensed in the State of Nebraska.
I) In addition to all other required information as stated in this ordinance, all applications for the
construction or installation of new Wireless Telecommunications Facilities or modification of an
existing facility shall contain the information hereinafter set forth.
1) A descriptive statement of the objective(s) for the new facility or modification including and
expanding on a need such as coverage and/or capacity requirements;
2) Documentation that demonstrates and proves the need for the Wireless
Telecommunications Facility to provide service primarily and essentially within the Village.
Such documentation shall include propagation studies of the proposed site and all adjoining
planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage
and/or if a capacity need, including an analysis of current and projected usage;
3) The name, address and phone number of the person preparing the report;
Comment [C2]: This may differ based on what is being considered, survey, construction
plans, stealth antennas, geo technical data
etc..
7
4) The name, address, and phone number of the property owner and Applicant, and to include
the legal name of the Applicant. If the site is a tower and the owner is different that the
applicant, provide name and address of the tower owner;
5) The 911 address and tax parcel number of the property;
6) The Zoning District in which the property is situated;
7) Size of the property stated both in square feet and lot line dimensions, and a survey showing
the location of all lot lines;
8) The location of nearest residential structure;
9) The location, size and height of all existing and proposed structures on the property which is
the subject of the Application;
10) The type, locations and dimensions of all proposed and existing landscaping, and fencing;
11) The azimuth, size and center-line height location of all proposed and existing antennae on the
supporting structure;
12) The number, type and model of the Antenna(s) proposed with a copy of the specification
sheet;
13) The make, model, type and manufacturer of the Tower and design plan stating the Tower’s
capacity to accommodate multiple users
14) A site plan describing the proposed Tower and Antenna(s) and all related fixtures,
structures, appurtenances and apparatus, including height above pre-existing grade,
materials, color and lighting;
15) The frequency, modulation and class of service of radio or other transmitting equipment;
16) The actual intended transmission power stated as the maximum effective radiated power
(ERP) in watts;
17) Signed documentation such as the “Checklist to Determine Whether a Facility is
Categorically Excluded” to verify that the Wireless Telecommunication Facility with the
proposed installation will be in full compliance with the current FCC RF Emissions guidelines
(NIER). If not categorically excluded, a complete RF Emissions study is required to provide
verification;
18) A signed statement that the proposed installation will not cause physical or RF interference
with other telecommunications devices;
19) A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facilities;
20) A copy of the geotechnical sub-surface soils investigation, evaluation report and foundation
recommendation for a proposed or existing Tower site and if existing Tower or water tank
site, a copy of the installed foundation design. The investigation, evaluation and design shall
be prepared by a licensed professional.
J) The applicant will provide a written copy of an analysis, completed by a qualified individual or
organization, to determine if the proposed new Tower or existing structure intended to support
wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if
it 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 with the FAA, all responses from the FAA and any
related correspondence shall be provided with the application. If the analysis determines that the
structure is within the approach or turning zone of the airport then approvals must be received
from the local airport.
K) Application for New Tower
8
1) 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 Village. Copies of written requests and
responses for shared use shall be provided to the Village in the Application, along with any
letters of rejection stating the reason for rejection.
2) In order to better inform the public, in the case of a new Telecommunication Tower, the
Applicant shall, prior to the public hearing on the application, hold a “balloon test”. The
Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three (3) foot
in diameter brightly colored balloon at the maximum height of the proposed new Tower.
The dates, (including a second date, in case of poor visibility on the initial date) times and
location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14)
days in advance of the first test date in a newspaper with a general circulation in the
Village . The Applicant shall inform the Village, in writing, of the dates and times of the test,
at least fourteen (14) days in advance. The balloon shall be flown for at least four
consecutive hours sometime between 7:00 am and 4:00 pm on the dates chosen. The
primary date shall be on a weekend, but in case of poor weather on the initial date, the
secondary date may be on a weekday. A report with pictures from various locations of the
balloon shall be provided with the Application.
3) The Applicant shall examine the feasibility of designing the proposed Tower to
accommodate future demand for at least four (4) additional commercial applications, for
example, future co-locations. The Tower shall be structurally designed to accommodate at
least four (4) additional Antenna Arrays equal to those of the Applicant, and located as
close to the Applicant’s Antenna as possible without causing interference. This requirement
may be waived, provided 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:
a) The foreseeable number of FCC licenses available for the area;
b) The kind of Wireless Telecommunications Facilities site and structure proposed;
c) The number of existing and potential licenses without Wireless Telecommunications
Facilities spaces/sites;
d) Available space on existing and approved Towers.
4) 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:
a) Respond within 60 days to a request for information from a potential shared-use
Applicant;
b) Negotiate in good faith concerning future requests for shared use of the new Tower
by other Telecommunications providers;
c) Allow shared use of the new Tower if another Telecommunications provider agrees
in writing to pay reasonable charges. The charges may include, but are not limited to,
a pro rata share of the cost of site selection, planning, project administration, land
costs, site design, construction and maintenance financing, return on equity, less
9
de preciation, and all of the costs of adapting the Tower or equipment to accommodate
a shared user without causing electromagnetic interference.
d) Failure to abide by the conditions outlined above may be grounds for revocation of the
Conditional Use Permit.
L) The Applicant shall provide certification with documentation (structural analysis) including
calculations that the Telecommunication Facility Tower and foundation and attachments, rooftop
support structure, water tank structure, and any other supporting structure as proposed to be
utilized are designed and will be constructed to meet all local, Village , State and Federal structural
requirements for loads, including wind and ice loads.
M) If proposal is for a co-location or modification on an existing Tower, the applicant is to provide
signed documentation of the Tower condition such as an ANSI report as per Annex E, Tower
Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or most recent version. The
inspection report must be performed every three (3) years for a guyed tower and five (5) years
for monopoles and self-supporting towers.
N) All proposed Wireless Telecommunications Facilities shall contain a demonstration that the Facility
will be sited so as to minimize visual intrusion as much as possible, given the facts and
circumstances involved and will thereby have the least adverse visual effect on the environment
and its character and on the residences in the area of the Wireless Telecommunications Facility.
O) If a new Tower, proposal for a new Antenna attachment to an existing structure, or modification
adding to a visual impact, the Applicant shall furnish a Visual Impact Assessment, which shall
include:
1) If a new Tower or increasing the height of an existing structure is proposed, a computer
generated “Zone of Visibility Map” at a minimum of one mile radius from the proposed
structure, with and without foliage shall be provided to illustrate locations from which the
proposed installation may be seen.
2) Pictorial representations of “before and after” (photo simulations) views from key viewpoints
both inside and outside of the Village as may be appropriate, including but not limited to State
highways and other major roads; State and local parks; other public lands; historic districts;
preserves and historic sites normally open to the public; and from any other location where the
site is visible to a large number of visitors, travelers or residents. Guidance will be provided,
concerning the appropriate key sites at the pre-application meeting. Provide a map showing
the locations of where the pictures were taken and distance from the proposed structure.
3) A written description of the visual impact of the proposed facility including; and 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.
P) 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
10
Q) 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 may include the
utilization of stealth or concealment technology if required by the Village .
R) All utilities at a Wireless Telecommunications Facilities site shall be installed underground
whenever possible and in compliance with all Laws, Ordinances, rules and regulations of the
Village, including specifically, but not limited to, the National Electrical Safety Code and the
National Electrical Code where appropriate
S) At a Telecommunications Site, an access road, turn-around space and parking shall be provided to
assure adequate emergency and service access. Maximum use of existing roads, whether public
or private, shall be made to the extent practicable. Road construction shall at all times minimize
ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion.
T) 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 Village , 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,
and land use codes. In the event of a conflict between or among any of the preceding the more
stringent shall apply.
U) A holder of a Conditional Use Permit granted under this Ordinance shall obtain, at its own
expense, all permits and licenses required by applicable Law, rule, regulation or code, and must
maintain the same, in full force and effect, for as long as required by the Village or other
governmental entity or agency having jurisdiction over the applicant.
V) There shall be a pre-application meeting. The purpose of the pre-application meeting will be to
address issues that will help to expedite the review and permitting process. A pre-application
meeting shall also include a site visit if there has not been a prior site visit for the requested site.
W) An Applicant shall submit to the Village the number of completed Applications determined to be
needed at the pre-application meeting. Written notification of the Application shall be provided to
the legislative body of all adjacent municipalities as applicable and/or requested.
X) The holder of a Conditional Use Permit shall notify the Village of any intended Modification of a
Wireless Telecommunication Facility and shall apply to the Village to modify, relocate or rebuild a
Wireless Telecommunications Facility.
7.11.09. Location of Wireless Telecommunications Facilities.
A) Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless
Telecommunications Facilities in accordance with the following priorities, one (1) being the highest
priority and seven (8) being the lowest priority.
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1) On existing Towers or other structures on Village owned properties.
2) On existing Towers or other structures on other property in the Village
3) A new Tower on Village-owned properties;
4) A new Tower on properties in areas zoned for Industrial use
6) A new Tower on properties in areas zoned for Commercial use
7) A new Tower on properties in areas zoned for Agricultural use not planned for residential
use in Comprehensive Plan
8) A new Tower on properties in areas zoned for Residential use
B) If the proposed site is not proposed for the highest priority listed above, then a detailed explanation
must be provided as to why a site of a higher priority was not selected. The person seeking such
an exception must satisfactorily demonstrate the reason or reasons why such a permit should be
granted for the proposed site, and the hardship that would be incurred by the Applicant if the
permit were not granted for the proposed site.
C) An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site
leased or selected. An Application shall address co-location as an option. If such option is not
proposed, the Applicant must explain to the reasonable satisfaction of the Village why co-location
is Commercially or otherwise Impracticable. Agreements between providers limiting or prohibiting
co-location shall not be a valid basis for any claim of Commercial Impracticability or hardship.
D) Notwithstanding the above, the Village may approve any site located within an area in the above
list of priorities, provided that the Village finds that the proposed site is in the best interest of the
health, safety and welfare of the Village and its inhabitants and will not have a deleterious effect
on the nature and character of the community and neighborhood.
E) The Applicant shall submit a 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.
F) Notwithstanding that a potential site may be situated in an area of highest priority or highest
available priority, the Village may disapprove an Application for any of the following reasons.
1) Conflict with safety and safety-related codes and requirements;
2) Conflict with the historic nature or character of a neighborhood or historical district;
3) The use or construction of Wireless Telecommunications Facilities which is contrary to an
already stated purpose of a specific zoning or land use designation;
4) 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 Village, or employees of the service provider or other service providers;
5) Conflicts with the provisions of this Ordinance.
7.11.10. Shared Use of Wireless Telecommunications Facilities and
Other Structures.
A) The Village shall prefer Applicants to locate on existing Towers or others structures without
increasing the height instead of the construction of a new Tower. The Applicant shall submit a
comprehensive report inventorying existing Towers and other suitable structures within two (2)
Comment [C3]: Need to decided on priorities.
The Manufacturing, Commercial, Agricultural,
Residential is obvious but how do we feel
about cell sites on public land. This is a
potential source of long term revenue for the
communities. We could also eliminate the
public provisions and just do this based on the
zoning district.
12
miles of the location of any proposed new Tower, unless the Applicant can show that some other
distance is more reasonable and demonstrate conclusively why an existing Tower or other suitable
structure cannot be used.
B) 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.
C) Such shared use shall consist only of the minimum Antenna Array technologically required to
provide service primarily and essentially within the Village , to the extent practicable, unless good
cause is shown.
7.11.11. Height of Telecommunications Tower(s).
A) The Applicant shall submit documentation justifying the total height of any Tower, Facility and/or
Antenna requested and the basis therefore. Documentation in the form of propagation studies
must include all backup data used to perform at requested height and a minimum of ten (10’) feet
lower height to allow verification of this height need. Such documentation will be analyzed in the
context of the justification of the height needed to provide service primarily and essentially within
the Village, to the extent practicable, unless good cause is shown.
B) No Tower constructed after the effective date of this Ordinance, including allowing for all
attachments, shall exceed that height which shall permit operation without required artificial
lighting of any kind in accordance with Village, State, and/or any Federal statute, law, local law,
Village Ordinance, code, rule or regulation.
7.11.12. Visibility of Wireless Telecommunications Facilities.
A) Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as
required by Law. Wireless Telecommunications Facilities shall not be artificially lighted or marked,
except as required by Law. Towers requiring lighting shall submit a request for relief from 7.11.11
(B) as allowed under §7.11.28 of this ordinance
B) 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 Ordinance.
C) If lighting is required, Applicant shall provide a plan for sufficient lighting of as unobtrusive and
inoffensive an effect as is permissible under State and Federal regulations.
7.11.13. 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. Specifically:
A) 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
B) 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.
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7.11.14. Signage.
Wireless Telecommunications Facilities shall contain a sign no larger than four (4) 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. 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) as well as emergency phone number(s). The
sign shall be on the equipment shelter or cabinet of the Applicant and be visible from the access point of
the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC
registration site as applicable is also to be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting. No other signage, including advertising, shall be permitted.
7.11.15. Lot Size and Setbacks.
All proposed Towers and any other proposed Wireless Telecommunications Facility structures shall be set
back from 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 (10%) of the height of the Tower or structure, or
the existing setback requirement of the underlying Zoning District, whichever is greater. Any Accessory
structure shall be located so as to comply with the applicable minimum setback requirements for the
property on which it is situated.
7.11.16. Retention of Expert Assistance and Reimbursement by
Applicant.
A) The Village may hire any consultant and/or expert necessary to assist the Village in reviewing and
evaluating the Application, including the construction and modification of the site, once permitted,
and any site inspections.
B) An Applicant shall deposit with the Village funds sufficient to reimburse the Village for all
reasonable costs of consultant and expert evaluation and consultation to the Village in connection
with the review of any Application including where applicable, the lease negotiation, the pre -
approval evaluation, and the construction and modification of the site, once permitted. The initial
deposit shall be $8,500.00. The placement of the $8,500.00 with the Village shall precede the pre-
application meeting. The Village will maintain a separate escrow account for all such funds. The
Village’s consultants/experts shall invoice the Village for its services related to the Application. If
at any time during the process this escrow account has a balance less than $2,500.00, the
Applicant shall immediately, upon notification by the Village, replenish said escrow account so that
it has a balance of at least $5,000.00. Such additional escrow funds shall be deposited with the
Village before any further action or consideration is taken on the Application. In the event that the
amount held in escrow by the Village is more than the amount of the actual invoicing at the
conclusion of the project, the remaining balance shall, upon request of the Applicant, be promptly
refunded to the Applicant.
C) The total amount of the funds needed as set forth in subsection (B) of this section may vary with
the scope (lease negotiations and/or review) 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.
14
7.11.17. Public Hearing and Notification Requirements.
A) Prior to the approval of any Application for a Conditional Use Permit for Wireless
Telecommunications Facilities, a Public Hearing shall be held by the Village, notice of which shall be
published in the newspaper general circulation in of the Village no less than ten (10) calendar days
prior to the scheduled date of the Public Hearing. In order that the Village may notify nearby
landowners, the Application shall contain the names and address of all landowners whose property is
located within three hundred (300) feet of any property line of the lot or parcel on which the new
Wireless Telecommunications Facilities are proposed to be located.
B) There shall be no Public Hearing required for an Application to co-locate on an existing Tower or
other structure or a modification at an existing site, as long as there is no proposed increase in the
height of the Tower or structure, including attachments thereto.
C) The Village shall schedule the Public Hearing referred to in Subsection (A) of this section once it
finds the Application is complete, the Village, at any stage prior to issuing a Conditional Use
Permit, may require such additional information as it deems necessary.
7.11.18. Action on an Application for a Conditional Use Permit for
Wireless Telecommunications Facilities.
A) The Village will 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.
B) The Village may refer any Application or part thereof to any advisory, other committee or
commission for a non-binding recommendation.
C) After the Public Hearing and after formally considering the Application, the Village may approve,
approve with conditions, or deny a Conditiona l Use Permit. Its decision shall be in writing and shall
be supported by substantial evidence contained in a written record. The burden of proof for the
granting of the Permit shall always be upon the Applicant.
D) If the Village approves the Conditional Use Permit for Wireless Telecommunications Facilities,
then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the
Village’s action, and the Conditional Use Permit shall be issued within thirty (30) days after such
approval. Except for necessary building permits, and subsequent Certificates of Compliance, once
a Conditional Use Permit has been granted hereunder, no additional permits or approvals from the
Village, such as site plan or zoning approvals, shall be required by the Village for the Wireless
Telecommunications Facilitie s covered by the Conditional Use Permit.
E) If the Village denies the Conditional Use Permit for Wireless Telecommunications Facilities, then
the Applicant shall be notified of such denial in writing within ten (10) calendar days of the
Village’s action.
15
7.11.19. Extent and Parameters of Conditional Use Permit for
Wireless Telecommunications Facilities.
The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall
be as follows:
A) Such Conditional Use Permit shall not be assigned, transferred or conveyed without the express
prior written notification to the Village .
B) Such Conditional Use Permit may, following a hearing upon due prior notice to the Applicant, be
revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional
Use Permit, or for a material violation of this Ordinance after prior written notice to the holder of
the Conditional Use Permit.
7.11.20. Application Fee.
At the time that a Person submits an Application for a Conditional Use Permit for a new Tower or an
Administrative Review of an existing tower or structure , such Person shall pay a non-refundable
application fee to the Village as set by the Village Fee Schedule.
7.11.21. 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 Village a bond, or other
form of security acceptable to the Village as to type of security and the form and manner of execution, in
an amount of at least $75,000.00 for a Tower facility and $25,000 for a co-location on an existing tower or
othe r structure and with such sureties as are deemed sufficient by the Village to assure the faithful
performance of the terms and conditions of this Ordinance and conditions of any Conditional Use Permit
issued pursuant to this Ordinance. The full amount of the bond or security shall remain in full force and
effect throughout the term of the Conditional 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 Conditional Use Permit.
7.11.22. Reservation of Authority to Inspect Wireless
Telecommunications Facilities.
In order to verify that the holder of a Conditional 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 Village 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.
7.11.23. Liability Insurance for facilities located on Village owned
property
A) A holder of a Conditional 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 Conditional Use Permit in amounts as set
forth below
Comment [C4]: Each entity will have to
include conditional use permits for wireless
communication facilities in their fee schedule.
The consults recommend $5000 for a new
tower and $2500 for a co-location or
Administrative Review nationally. Nebraska
counties tend to make those fees $3000 and
$1500.
16
1) Commercial General Liability covering personal injuries, death and property damage:
$1,000,000 per occurrence/$2,000,000 aggregate;
2) Automobile Coverage: $1,000,000 per occurrence/ $2,000,000 aggregate;
3) Workers Compensation and Disability: Statutory amounts
B) For a Wireless Telecommunications Facility on Village property, the Commercial General Liability
insurance policy shall specifically include the Village and its officers, Councils, employees,
committee members, attorneys, agents and consultants as additional insureds.
C) 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.
D) The insurance policies shall contain an endorsement obligating the insurance company to furnish
the Village with at least forty five -(45) days prior written notice in advance of the cancellation of
the insurance.
E) Renewal or replacement policies or certificates shall be delivered to the Village at least fifteen
(15) days before the expiration of the insurance that such policies are to renew or replace.
F) Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no
case later than fifteen (15) days after the granting of the Conditional Use Permit, the holder of the
Conditional Use Permit shall deliver to the Village a copy of each of the policies or certificates
representing the insurance in the required amounts.
7.11.24. Indemnification.
A) Any application for Wireless Telecommunication Facilities that is proposed for Village property,
pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision
shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify,
protect, save, hold harmless, and exempt the Village, 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 Village , 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 Village .
B) Notwithstanding the requirements noted in subsection (A) of this section, an indemnification
provision will not be required in those instances where the Village itself applies for and secures a
Conditional Use Permit for Wireless Telecommunications Facilities
7.11.25. Fines (Reference section 10.06)
A) In the event of a violation of this Ordinance or any Conditional Use Permit issued pursuant to this
Ordinance, the Village may prosecute the holder of the Conditional Use Permit for Wireless
17
Telecommunications Facilities shall pay fines or penalties as set forth in 10.06 of this Regulation
and as allowed by State Statute.
B) Notwithstanding anything in this Ordinance, the holder of the Conditional 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 Ordinance or any section of this Ordinance. An
attempt to do so shall subject the holder of the Conditional Use Permit to termination and
revocation of the Conditional Use Permit. The Village may also seek injunctive relief to prevent
the continued violation of this Ordinance, without limiting other remedies available to the Village .
7.11.26. Default and/or Revocation.
If a Wireless Telecommunications Facility is repaired, rebuilt, placed, moved, re -located, modified
or maintained in a way that is inconsistent or not in compliance with the provisions of this
Ordinance or of the Conditional Use Permit, then the Village shall notify the holder of the
Conditional Use Permit in writing of such violation. A Permit holder in violation may be
considered in default and subject to fines as in Section 7.11.25 and if a violation is not corrected to
the satisfaction of the Village in a reasonable period of time the Conditional Use Permit is subject
to revocation.
7.11.27. Removal of Wireless Telecommunications Facilities.
A) Under the following circumstances, the Village may determine that the health, safety, and welfare
interests of the Village warrant and require the removal of Wireless Telecommunications
Facilities.
1) Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as
Wireless Telecommunications Facilities) for a period exceeding ninety consecutive (90) days
or a total of one hundred-eighty (180) days in any three hundred-sixty five (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;
2) Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it
creates a health or safety hazard;
3) Wireless Telecommunications Facilities have been located, constructed, or modified without
first obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any
other necessary authorization and the Conditional Use Permit may be revoked.
B) If the Village makes such a determination as noted in subsection (A) of this section, then the
Village shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications
Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be
removed, the Village may approve an interim temporary use agreement/permit, such as to enable
the sale of the Wireless Telecommunications Facilities.
C) The holder of the Conditional Use Permit, or 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 ninety (90) days of receipt of
written notice from the Village . However, if the owner of the property upon which the Wireless
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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 Village.
D) If Wireless Telecommunications Facilities are not removed or substantial progress has not been
made to remove the Wireless Telecommunications Facilities within ninety (90) days after the
Permit holder has received notice, then the Village may order officials or representatives of the
Village to remove the Wireless Telecommunications Facilities at the sole expense of the owner or
Conditional Use Permit holder.
E) If, the Village 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 (10) days, then the Village may take steps to declare the Wireless
Telecommunications Facilities abandoned, and sell them and their components.
F) Notwithstanding anything in this Section to the contrary, the Village may approve a temporary use
permit/agreement for the Wireless Telecommunications Facilities, for no more ninety (90) days,
during which time a suitable plan for removal, conversion, or re-location of the affected Wireless
Telecommunications Facilities shall be develope d by the holder of the Conditiona l Use Permit,
subject to the approval of the Village, and an agreement to such plan shall be executed by the
holder of the Conditional Use Permit and the Village. If such a plan is not developed, approved
and executed within the ninety (90) day time period, then the Village may take possession of and
dispose of the affected Wireless Telecommunications Facilities in the manner provided in this
Section.
7.11.28. Relief.
Any Applicant desiring relief, waiver or exemption from any aspect or requirement of this Ordinance may
request such, provided that the relief or exemption is contained in the submitted Application for either a
Conditional Use Permit, or in the case of an exis ting or previously granted Conditional Use Permit a
request for modification of its Tower and/or facilities. Such relief may be temporary or permanent, partial
or complete. However, 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 Village 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 affect on the health, safety and welfare of the Village, its residents and other service providers.
7.11.29. Periodic Regulatory Review by the Village.
A) The Village may at any time conduct a review and examination of this entire Ordinance.
B) If after such a periodic review and examination of this Ordinance, the Village determines that one
or more provisions of this Ordinance should be amended, repealed, revised, clarified, or deleted,
then the Village may take whatever measures are necessary in accordance with applicable Law
in order to accomplish the same. It is noted that where warranted, and in the best interests of the
Village, the Village may repeal this entire Ordinance at any time.
C) Notwithstanding the provisions of subsections (A) and (B) of this Section, the Village 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 Ordinance.
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7.11.30. Adherence to State and/or Federal Rules and Regulations.
A) To the extent that the holder of a Conditional 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 Conditional 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.
B) To the extent that 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 Conditional Use Permit for Wireless Telecommunications Facilities, then the holder
of such a Conditional 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 twenty-four (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.
7.11.31. Conflict with Other Laws.
Where this Ordinance differs or conflicts with other Laws, rules and regulations, unless the right to do so
is preempted or prohibited by the Village, State or Federal government, this Ordinance shall apply.
7.11.32. Effective Date.
This ordinance shall be in full force and effect from and after its passage, approval and publication, in
pamphlet form, as provided by law.
7.11.33. Authority.
This local Ordinance is enacted pursuant to applicable authority granted by the State and federal
government.
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Section 7.11 WIRELESS COMMUNICATION FACILITES
7.11.01. Purpose and Legislative Intent.
The Telecommunications Act of 1996 affirmed the City of Wood River’s authority concerning the
placement, construction and modification of Wireless Telecommunications Facilities. The City of Wood
River finds that Wireless Telecommunications Facilities may pose significant concerns to the health,
safety, public welfare, character and environment of the City and its inhabitants. The City also recognizes
that facilitating the development of wireless service technology can be an economic development asset to
the City and of significant benefit to the City and its residents. In order to insure that the placement,
construction or modification of Wireless Telecommunications Facilities is consistent with the City’s land
use policies, the City is adopting a single, comprehensive, Wireless Telecommunications Facilities
application and permit process. The intent of this Local Ordinance 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 environmental impacts of such facilities, and
protect the health, safety and welfare of the City of Wood River.
7.11.02. Title.
This Ordinance shall be known and cited as the Wireless Telecommunications Facilities Siting Ordinance
for the City of Wood River.
7.11.03. Severability.
A) If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance 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 Ordinance,
and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain
in full force and effect.
B) Any Conditional Use Permit issued under this Ordinance 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 City.
7.11.04. Definitions.
For purposes of this Ordinance, 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 not inconsistent 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.
A) “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.
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B) “Applicant” means any Wireless service provider submitting an Application for a Conditional
Use Permit for Wireless Telecommunications Facilities.
C) “Application” means all necessary and appropriate documentation that an Applicant submits in
order to receive a Conditional Use Permit for Wireless Telecommunications Facilities.
D) “Antenna” means a system of electrical conductors that transmit or receive electromagnetic
waves or radio frequency or other wireless signals.
E) “Co-location” means the use of an existing Tower or structure to support Antennae for the
provision of wireless services. A replacement tower that is constructed on the same site as an
existing tower will be considered a co-location as long as the new tower is no taller than the old
tower and that the old tower is removed within 90 days (weather permitting) after the new tower
is constructed.
F) “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 satisfactory financial return on investment or profit,
standing alone, shall not deem a situation to be “commercial impracticable” and shall not render an
act or the terms of an agreement “commercially impracticable”.
G) “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.
H) “Council” means the City Council of the City of Wood River.
I) “FAA” means the Federal Aviation Administration, or its duly designated and authorized
successor agency.
J) “FCC” means the Federal Communications Commission, or its duly designated and authorized
successor agency.
K) “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, lightening protection device or strobe.
L) “Modification” or “Modify” means, the addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless facility, such as antennas, cabling,
equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any
visually discernable components, vehicular access, parking and/or an upgrade or changeout of
equipment for better or more modern equipment. Adding a new wireless carrier or service
provider to a Telecommunications Tower or Telecommunications Site as a co-location is a
modification. A Modification shall not include the replacement 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 adding, removing or
changing anything.
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M) “NIER” means Non-Ionizing Electromagnetic Radiation
N) “Person” means any individual, corporation, estate, trust, partnership, joint stock company,
association of two (2) or more persons having a joint common interest, or any other entity.
O) “Personal Wireless Facility” See definition for ‘Wireless Telecommunications Facilities’
P) “Personal Wireless Services”or “PWS” means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange and is also referred to as “Personal
Telecommunications Service” or “PCS”
Q) "Repairs and Maintenance" means the replacement 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.
R) “Conditional 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 City.
S) “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 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,
T) “State” means the State of Nebraska.
U) “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
V) “Telecommunication Site” See definition for Wireless Telecommunications Facilities
W) “Telecommunications Structure” means a structure used in the provision of services described
in the definition of ‘Wireless Telecommunications Facilities’
X) “Temporary” means, temporary in relation to all aspects and components of Article XI of this
ordinance, something intended to, or that does not exist for more than ninety (90) days.
Y) “Tower” means any structure designed primarily to support an antenna for receiving and/or
transmitting a wireless signal.
Z) “Wireless Telecommunications Facilities” means 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 and kinds and structures, including, but not limited
to buildings, church steeples, silos, water towers, signs or other structures that can be used as a
4
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, specialized mobile radio (SMR), paging, 911, Personal Communications Services (PCS),
commercial satellite services, microwave services and any commercial wireless
telecommunication service not licensed by the FCC.
7.11.05. Overall Policy and Desired Goals for Conditional Use Permits and
Administrative Review for Wireless Telecommunications Facilities.
In order to ensure that the placement, construction, and modification of Wireless Telecommunications
Facilities protects the City’s health, safety, public welfare, environmental features, the nature and
character of the community and neighborhood and other aspects of the quality of life specifically listed
elsewhere in this Ordinance, the City hereby adopts an overall policy with respect to Conditional Use
Permits and Administrative Review for Wireless Telecommunications Facilities for the express purpose of
achieving the following goals:
A) Requiring a Conditional Use Permit for any new Wireless Telecommunications Facility
B) Requiring Administrative Review for co-location or modification of a Wireless
Telecommunications Facility that does not require a change in the height of the tower.
C) Implementing an Application process for person(s) seeking a Conditional Use Permit for or
Administrative Review of Wireless Telecommunications Facilities;
D) Establishing a policy for examining an application for and issuing a Conditional Use Permit, and
Administrative Reviews for Wireless Telecommunications Facilities that is both fair and
consistent.
E) Promoting and encouraging, wherever possible, the sharing and/or co-location of Wireless
Telecommunications Facilities among service providers
E) 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.
F) That in granting a Conditional Use Permit or permitting after Administrative Review, the City has
found that the facility shall be the most appropriate site as regards being the least visually intrusive
among those available in the City.
7.11.06. Exceptions from a Conditional Use Permit for Wireless
Telecommunications Facilities.
A) Except as otherwise provided by this Ordinance no Person shall be permitted to site, place, build,
construct, modify or prepare any site for the placement or use of, Wireless Telecommunications
Comment [C1]: Administrative Review gives
the opportunity to review the towers for safety
and loading and forces the communication
companies to consider sites as outlined by the
preference of the city, village or county.
5
Facilities as of the effective date of this Ordinance without having first obtained a Conditional Use
Permit for Wireless Telecommunications Facilities. Notwithstanding anything to the contrary in
this section, no Conditional Use Permit shall be required for those non-commercial exceptions
noted in §7.11.07.
B) All legally permitted Wireless Telecommunications Facilities, constructed as permitted, existing on
or before the effective date of this Ordinance 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 and any new installation to comply with this Ordinance.
Relief from these regulations, for existing legally permitted Wireless Telecommunications
Facilities, may be sought by the applicant as shown in section 7.11.28 of this ordinance.
C) Any Repair and Maintenance of a Wireless Facility does not require an Application for a
Conditional Use Permit.
7.11.07. Exclusions. The following shall be exempt from this
Ordinance:
A) The City’s fire, police, department of transportation or other public service facilities owned and
operated by the local government.
B) Any facilities expressly exempt from the City’s siting, building and permitting authority.
C) 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.
D) Facilities exclusively for private, non-commercial radio and television reception and private
citizen’s bands, licensed amateur radio and other similar non-commercial Telecommunications.
E) Facilities exclusively for providing unlicensed spread spectrum technologies (such as IEEE
802.11a, b, g (Wi-Fi) and Bluetooth) where the facility does not require a new tower.
7.11.08. Conditional Use Permit Application and Other
Requirements.
A) All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any
modification of such facility shall comply with the requirements set forth in this Ordinance. The
City Council is the officially designated agency or body of the City to whom applications for a
Conditional Use Permit for Wireless Telecommunications Facilities must be made, and that is
authorized to review, analyze, evaluate and make decisions with respect to granting or not granting
or revoking Conditional Use Permits for Wireless Telecommunications Facilities. The City may at
its discretion delegate or designate other official agencies or officials of the City to accept, review,
analyze, evaluate and make recommendations to the City Council with respect to the granting or
not granting or revoking Conditional Use Permits for Wireless Telecommunications Facilities.
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B) The City may reject applications not meeting the requirements stated herein or which are
otherwise incomplete
C) No Wireless Telecommunications Facilities shall be installed, constructed or modified until the
Application is revie wed and approved by the City, and the Conditional Use Permit has been
issued.
D) Any and all representations made by the Applicant to the City on the record during the Application
process, whether written or verbal, shall be deemed a part of the Application and may be relied
upon in good faith by the City.
E) An Application for a Conditional Use Permit for Wireless Telecommunications Facilities 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.
.
F) The Applicant must provide documentation to verify it has the right to proceed as proposed on the
Site. This would require an executed copy of the lease with the landowner or landlord or a signed
letter acknowledging authorization. If the applicant owns the site, a copy of the ownership record
is required.
G) The Applicant shall include a statement in writing:
1) That the applicant’s proposed Wireless Telecommunications Facilities shall be maintained in a safe
manner, and in compliance with all conditions of the Conditional Use Permit, without exception,
unless specifically granted relief by the City in writing, as well as all applicable and permissible
local codes, ordinances, and regulations, including any and all applicable City, State and Federal
Laws, rules, and regulations;
2) That the construction of the Wireless Telecommunications Facilities is legally permissible,
including, but not limited to the fact that the Applicant is authorized to do business in the
State.
H) Where a certification is called for in this Ordinance, such certification shall bear the signature and
seal of a Registered Professional surveyor, engineer, architect and or other individual as necessary
licensed in the State of Nebraska.
I) In addition to all other required information as stated in this ordinance, all applications for the
construction or installation of new Wireless Telecommunications Facilities or modification of an
existing facility shall contain the information hereinafter set forth.
1) A descriptive statement of the objective(s) for the new facility or modification including and
expanding on a need such as coverage and/or capacity requirements;
2) Documentation that demonstrates and proves the need for the Wireless
Telecommunications Facility to provide service primarily and essentially within the City.
Such documentation shall include propagation studies of the proposed site and all adjoining
planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage
and/or if a capacity need, including an analysis of current and projected usage;
3) The name, address and phone number of the person preparing the report;
Comment [C2]: This may differ based on what is being considered, survey, construction
plans, stealth antennas, geo technical data
etc..
7
4) The name, address, and phone number of the property owner and Applicant, and to include
the legal name of the Applicant. If the site is a tower and the owner is different that the
applicant, provide name and address of the tower owner;
5) The 911 address and tax parcel number of the property;
6) The Zoning District in which the property is situated;
7) Size of the property stated both in square feet and lot line dimensions, and a survey showing
the location of all lot lines;
8) The location of nearest residential structure;
9) The location, size and height of all existing and proposed structures on the property which is
the subject of the Application;
10) The type, locations and dimensions of all proposed and existing landscaping, and fencing;
11) The azimuth, size and center-line height location of all proposed and existing antennae on the
supporting structure;
12) The number, type and model of the Antenna(s) proposed with a copy of the specification
sheet;
13) The make, model, type and manufacturer of the Tower and design plan stating the Tower’s
capacity to accommodate multiple users
14) A site plan describing the proposed Tower and Antenna(s) and all related fixtures,
structures, appurtenances and apparatus, including height above pre-existing grade,
materials, color and lighting;
15) The frequency, modulation and class of service of radio or other transmitting equipment;
16) The actual intended transmission power stated as the maximum effective radiated power
(ERP) in watts;
17) Signed documentation such as the “Checklist to Determine Whether a Facility is
Categorically Excluded” to verify that the Wireless Telecommunication Facility with the
proposed installation will be in full compliance with the current FCC RF Emissions guidelines
(NIER). If not categorically excluded, a complete RF Emissions study is required to provide
verification;
18) A signed statement that the proposed installation will not cause physical or RF interference
with other telecommunications devices;
19) A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facilities;
20) A copy of the geotechnical sub-surface soils investigation, evaluation report and foundation
recommendation for a proposed or existing Tower site and if existing Tower or water tank
site, a copy of the installed foundation design. The investigation, evaluation and design shall
be prepared by a licensed professional.
J) The applicant will provide a written copy of an analysis, completed by a qualified individual or
organization, to determine if the proposed new Tower or existing structure intended to support
wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if
it 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 with the FAA, all responses from the FAA and any
related correspondence shall be provided with the application. If the analysis determines that the
structure is within the approach or turning zone of the airport then approvals must be received
from the local airport.
K)
L) Application for New Tower
8
1) 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 City. Copies of written requests and
responses for shared use shall be provided to the City in the Application, along with any
letters of rejection stating the reason for rejection.
2) In order to better inform the public, in the case of a new Telecommunication Tower, the
Applicant shall, prior to the public hearing on the application, hold a “balloon test”. The
Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three (3) foot
in diameter brightly colored balloon at the maximum height of the proposed new Tower.
The dates, (including a second date, in case of poor visibility on the initial date) times and
location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14)
days in advance of the first test date in a newspaper with a general circulation in the City.
The Applicant shall inform the City, in writing, of the dates and times of the test, at least
fourteen (14) days in advance. The balloon shall be flown for at least four consecutive
hours sometime between 7:00 am and 4:00 pm on the dates chosen. The primary date shall
be on a weekend, but in case of poor weather on the initial date, the secondary date may be
on a weekday. A report with pictures from various locations of the balloon shall be provided
with the Application.
3) The Applicant shall examine the feasibility of designing the proposed Tower to
accommodate future demand for at least four (4) additional commercial applications, for
example, future co-locations. The Tower shall be structurally designed to accommodate at
least four (4) additional Antenna Arrays equal to those of the Applicant, and located as
close to the Applicant’s Antenna as possible without causing interference. This requirement
may be waived, provided 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:
a) The foreseeable number of FCC licenses available for the area;
b) The kind of Wireless Telecommunications Facilities site and structure proposed;
c) The number of existing and potential licenses without Wireless Telecommunications
Facilities spaces/sites;
d) Available space on existing and approved Towers.
4) 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:
a) Respond within 60 days to a request for information from a potential shared-use
Applicant;
b) Negotiate in good faith concerning future requests for shared use of the new Tower
by other Telecommunications providers;
c) Allow shared use of the new Tower if another Telecommunications provider agrees
in writing to pay reasonable charges. The charges may include, but are not limited to,
a pro rata share of the cost of site selection, planning, project administration, land
9
costs, site design, construction and maintenance financing, return on equity, less
depreciation, and all of the costs of adapting the Tower or equipment to accommodate
a shared user without causing electromagnetic interference.
d) Failure to abide by the conditions outlined above may be grounds for revocation of the
Conditional Use Permit.
L) The Applicant shall provide certification with documentation (structural analysis as provided by a
professional engineer licensed in the State of Nebraska) including calculations that the
Telecommunication Facility Tower and foundation and attachments, rooftop support structure,
water tank structure, and any other supporting structure as proposed to be utilized are designed
and will be constructed to meet all local, City, State and Federal structural requirements for loads,
including wind and ice loads.
M) If proposal is for a co-location or modification on an existing Tower, the applicant is to provide
signed documentation of the Tower condition such as an ANSI report as per Annex E, Tower
Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or most recent version. The
inspection report must be performed every three (3) years for a guyed tower and five (5) years
for monopoles and self-supporting towers.
N) All proposed Wireless Telecommunications Facilities shall contain a demonstration that the Facility
will be sited so as to minimize visual intrusion as much as possible, given the facts and
circumstances involved and will thereby have the least adverse visual effect on the environment
and its character and on the residences in the area of the Wireless Telecommunications Facility.
O) If a new Tower, proposal for a new Antenna attachment to an existing structure, or modification
adding to a visual impact, the Applicant shall furnish a Visual Impact Assessment, which shall
include:
1) If a new Tower or increasing the height of an existing structure is proposed, a computer
generated “Zone of Visibility Map” at a minimum of one mile radius from the proposed
structure, with and without foliage shall be provided to illustrate locations from which the
proposed installation may be seen.
2) Pictorial representations of “before and after” (photo simulations) views from key viewpoints
both inside and outside of the City as may be appropriate, including but not limited to State
highways and other major roads; State and local parks; other public lands; historic districts;
preserves and historic sites normally open to the public; and from any other location where the
site is visible to a large number of visitors, travelers or residents. Guidance will be provided,
concerning the appropriate key sites at the pre-application meeting. Provide a map showing
the locations of where the pictures were taken and distance from the proposed structure.
3) A written description of the visual impact of the proposed facility including; and 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.
P) 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
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Q) 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 may include the
utilization of stealth or concealment technology if required by the City.
R) All utilities at a Wireless Telecommunications Facilities site shall be installed underground
whenever possible and in compliance with all Laws, Ordinances, rules and regulations of the City,
including specifically, but not limited to, the National Electrical Safety Code and the National
Electrical Code where appropriate
S) At a Telecommunications Site, an access road, turn-around space and parking shall be provided to
assure adequate emergency and service access. Maximum use of existing roads, whether public
or private, shall be made to the extent practicable. Road construction shall at all times minimize
ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion.
T) 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 City, 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,
and land use codes. In the event of a conflict between or among any of the preceding the more
stringent shall apply.
U) A holder of a Conditional Use Permit granted under this Ordinance shall obtain, at its own
expense, all permits and licenses required by applicable Law, rule, regulation or code, and must
maintain the same, in full force and effect, for as long as required by the City or other
governmental entity or agency having jurisdiction over the applicant.
V) There shall be a pre-application meeting. The purpose of the pre-application meeting will be to
address issues that will help to expedite the review and permitting process. A pre-application
meeting shall also include a site visit if there has not been a prior site visit for the requested site.
W) An Applicant shall submit to the City the number of completed Applications determined to be
needed at the pre-application meeting. Written notification of the Application shall be provided to
the legislative body of all adjacent municipalities as applicable and/or requested.
X) The holder of a Conditional Use Permit shall notify the City of any intended Modification of a
Wireless Telecommunication Facility and shall apply to the City to modify, relocate or rebuild a
Wireless Telecommunications Facility.
7.11.09. Location of Wireless Telecommunications Facilities.
A) Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless
Telecommunications Facilities in accordance with the following priorities, one (1) being the highest
priority and seven (8) being the lowest priority.
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1) On existing Towers or other structures on City owned properties.
2) On existing Towers or other structures on other property in the city
3) A new Tower on City-owned properties;
4) A new Tower on properties in areas zoned for Industrial use
6) A new Tower on properties in areas zoned for Commercial use
7) A new Tower on properties in areas zoned for Agricultural use not planned for residential
use in Comprehensive Plan
8) A new Tower on properties in areas zoned for Residential use
B) If the proposed site is not proposed for the highest priority listed above, then a detailed explanation
must be provided as to why a site of a higher priority was not selected. The person seeking such
an exception must satisfactorily demonstrate the reason or reasons why such a permit should be
granted for the proposed site, and the hardship that would be incurred by the Applicant if the
permit were not granted for the proposed site.
C) An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site
leased or selected. An Application shall address co-location as an option. If such option is not
proposed, the Applicant must explain to the reasonable satisfaction of the City why co-location is
Commercially or otherwise Impracticable. Agreements between providers limiting or prohibiting
co-location shall not be a valid basis for any claim of Commercial Impracticability or hardship.
D) Notwithstanding the above, the City may approve any site located within an area in the above list
of priorities, provided that the City finds that the proposed site is in the best interest of the health,
safety and welfare of the City and its inhabitants and will not have a deleterious effect on the
nature and character of the community and neighborhood.
E) The Applicant shall submit a 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.
F) Notwithstanding that a potential site may be situated in an area of highest priority or highest
available priority, the City may disapprove an Application for any of the following reasons.
1) Conflict with safety and safety-related codes and requirements;
2) Conflict with the historic nature or character of a neighborhood or historical district;
3) The use or construction of Wireless Telecommunications Facilities which is contrary to an
already stated purpose of a specific zoning or land use designation;
4) 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 City, or employees of the service provider or other service providers;
5) Conflicts with the provisions of this Ordinance.
7.11.10. Shared Use of Wireless Telecommunications Facilities and
Other Structures.
A) The City shall prefer Applicants to locate on existing Towers or others structures without
increasing the height instead of the construction of a new Tower. The Applicant shall submit a
Comment [C3]: Need to decided on priorities.
The Manufacturing, Commercial, Agricultural,
Residential is obvious but how do we feel
about cell sites on public land. This is a
potential source of long term revenue for the
communities. We could also eliminate the
public provisions and just do this based on the zoning district.
12
comprehensive report inventorying existing Towers and other suitable structures within two (2)
miles of the location of any proposed new Tower, unless the Applicant can show that some other
distance is more reasonable and demonstrate conclusively why an existing Tower or other suitable
structure cannot be used.
B) 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.
C) Such shared use shall consist only of the minimum Antenna Array technologically required to
provide service primarily and essentially within the City, to the extent practicable, unless good
cause is shown.
7.11.11. Height of Telecommunications Tower(s).
A) The Applicant shall submit documentation justifying the total height of any Tower, Facility and/or
Antenna requested and the basis therefore. Documentation in the form of propagation studies
must include all backup data used to perform at requested height and a minimum of ten (10’) feet
lower height to allow verification of this height need. Such documentation will be analyzed in the
context of the justification of the height needed to provide service primarily and essentially within
the City, to the extent practicable, unless good cause is shown.
B) No Tower constructed after the effective date of this Ordinance, including allowing for all
attachments, shall exceed that height which shall permit operation without required artificial
lighting of any kind in accordance with City, State, and/or any Federal statute, law, local law, City
Ordinance, code, rule or regulation.
7.11.12. Visibility of Wireless Telecommunications Facilities.
A) Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as
required by Law. Wireless Telecommunications Facilities shall not be artificially lighted or marked,
except as required by Law. Towers requiring lighting shall submit a request for relief from 7.11.11
(B) as allowed under §7.11.28 of this ordinance
B) 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 Ordinance.
C) If lighting is required, Applicant shall provide a plan for sufficient lighting of as unobtrusive and
inoffensive an effect as is permissible under State and Federal regulations.
7.11.13. 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. Specifically:
A) 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
B) 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.
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7.11.14. Signage.
Wireless Telecommunications Facilities shall contain a sign no larger than four (4) 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. 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) as well as emergency phone number(s). The
sign shall be on the equipment shelter or cabinet of the Applicant and be visible from the access point of
the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC
registration site as applicable is also to be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting. No other signage, including advertising, shall be permitted.
7.11.15. Lot Size and Setbacks.
All proposed Towers and any other proposed Wireless Telecommunications Facility structures shall be set
back from 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 (10%) of the height of the Tower or structure, or
the existing setback requirement of the underlying Zoning District, whichever is greater. Any Accessory
structure shall be located so as to comply with the applicable minimum setback requirements for the
property on which it is situated.
7.11.16. Retention of Expert Assistance and Reimbursement by
Applicant.
A) The City may hire any consultant and/or expert necessary to assist the City in reviewing and
evaluating the Application, including the construction and modification of the site, onc e permitted,
and any site inspections.
B) An Applicant shall deposit with the City funds sufficient to reimburse the City for all reasonable
costs of consultant and expert evaluation and consultation to the City in connection with the
review of any Application including where applicable, the lease negotiation, the pre -approval
evaluation, and the construction and modification of the site, once permitted. The initial deposit
shall be $8,500.00. The placement of the $8,500.00 with the City shall precede the pre-application
meeting. The City will maintain a separate escrow account for all such funds. The City’s
consultants/experts shall invoice the City for its services related to the Application. If at any time
during the process this escrow account has a balance less than $2,500.00, the Applicant shall
immediately, upon notification by the City, replenish said escrow account so that it has a balance
of at least $5,000.00. Such additional escrow funds shall be deposited with the City before any
further action or consideration is taken on the Application. In the event that the amount held in
escrow by the City is more than the amount of the actual invoicing at the conclusion of the project,
the remaining balance shall, upon request of the Applicant, be promptly refunded to the Applicant.
C) The total amount of the funds needed as set forth in subsection (B) of this section may vary with
the scope (lease negotiations and/or review) 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.
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7.11.17. Public Hearing and Notification Requirements.
A) Prior to the approval of any Application for a Conditional Use Permit for Wireless
Telecommunications Facilities, a Public Hearing shall be held by the City, notice of which shall be
published in the newspaper general circulation in of the City no less than ten (10) calendar days
prior to the scheduled date of the Public Hearing. In order that the City may notify nearby
landowners, the Application shall contain the names and address of all landowners whose property is
located within three hundred (300) feet of any property line of the lot or parcel on which the new
Wireless Telecommunications Facilities are proposed to be located.
B) There shall be no Public Hearing required for an Application to co-locate on an existing Tower or
other structure or a modification at an existing site, as long as there is no proposed increase in the
height of the Tower or structure, including attachments thereto.
C) The City shall schedule the Public Hearing referred to in Subsection (A) of this section once it
finds the Application is complete, the City, at any stage prior to issuing a Conditional Use Permit,
may require such additional information as it deems necessary.
7.11.18. Action on an Application for a Conditional Use Permit for
Wireless Telecommunications Facilities.
A) The City will 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.
B) The City may refer any Application or part thereof to any advisory, other committee or
commission for a non-binding recommendation.
C) After the Public Hearing and after formally considering the Application, the City may approve,
approve with conditions, or deny a Conditiona l Use Permit. Its decision shall be in writing and shall
be supported by substantial evidence contained in a written record. The burden of proof for the
granting of the Permit shall always be upon the Applicant.
D) If the City approves the Conditional Use Permit for Wireless Telecommunications Facilities, then
the Applicant shall be notified of such approval in writing within ten (10) calendar days of the
City’s action, and the Conditional Use Permit shall be issued within thirty (30) days after such
approval. Except for necessary building permits, and subsequent Certificates of Compliance, once
a Conditional Use Permit has been granted hereunder, no additional permits or approvals from the
City, such as site plan or zoning approvals, shall be required by the City for the Wireless
Telecommunications Facilitie s covered by the Conditional Use Permit.
E) If the City denies the Conditional Use Permit for Wireless Telecommunications Facilities, then the
Applicant shall be notified of such denial in writing within ten (10) calendar days of the City’s
action.
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7.11.19. Extent and Parameters of Conditional Use Permit for
Wireless Telecommunications Facilities.
The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall
be as follows:
A) Such Conditional Use Permit shall not be assigned, transferred or conveyed without the express
prior written notification to the City.
B) Such Conditional Use Permit may, following a hearing upon due prior notice to the Applicant, be
revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional
Use Permit, or for a material violation of this Ordinance after prior written notice to the holder of
the Conditional Use Permit.
7.11.20. Application Fee.
At the time that a Person submits an Application for a Conditional Use Permit for a new Tower or an
Administrative Review of an existing tower or structure , such Person shall pay a non-refundable
application fee to the City as set by the City Fee Schedule.
7.11.21. 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 City a bond, or other form
of security acceptable to the City as to type of security and the form and manner of execution, in an
amount of at least $75,000.00 for a Tower facility and $25,000 for a co-location on an existing tower or
other structure and with such sureties as are deemed sufficient by the City to assure the faithful
performance of the terms and conditions of this Ordinance and conditions of any Conditional Use Permit
issued pursuant to this Ordinance. The full amount of the bond or security shall remain in full force and
effect throughout the term of the Conditional 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 Conditional Use Permit.
7.11.22. Reservation of Authority to Inspect Wireless
Telecommunications Facilities.
In order to verify that the holder of a Conditional 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 City 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 ot her structures constructed or located on the permitted site.
7.11.23. Liability Insurance for facilities located on city owned
property
A) A holder of a Conditional 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 Conditional Use Permit in amounts as set
forth below
Comment [C4]: Each entity will have to
include conditional use permits for wireless
communication facilities in their fee schedule.
The consults recommend $5000 for a new
tower and $2500 for a co-location or
Administrative Review nationally. Nebraska
counties tend to make those fees $3000 and
$1500.
16
1) Commercial General Liability covering personal injuries, death and property damage:
$1,000,000 per occurrence/$2,000,000 aggregate;
2) Automobile Coverage: $1,000,000 per occurrence/ $2,000,000 aggregate;
3) Workers Compensation and Disability: Statutory amounts
B) For a Wireless Telecommunications Facility on City property, the Commercial General Liability
insurance policy shall specifically include the City and its officers, Councils, employees, committee
members, attorneys, agents and consultants as additional insureds.
C) 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.
D) The insurance policies shall contain an endorsement obligating the insurance company to furnish
the City with at least forty five -(45) days prior written notice in advance of the cancellation of the
insurance.
E) Renewal or replacement policies or certificates shall be delivered to the City at least fifteen (15)
days before the expiration of the insurance that such policies are to renew or replace.
F) Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no
case later than fifteen (15) days after the granting of the Conditional Use Permit, the holder of the
Conditional Use Permit shall deliver to the City a copy of each of the policies or certificates
representing the insurance in the required amounts.
7.11.24. Indemnification.
A) Any application for Wireless Telecommunication Facilities that is proposed for City property,
pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision
shall require the applicant, to the extent permitted by the Law, to at all times defend, indemnify,
protect, save, hold harmless, and exempt the City, 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 City, 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 City.
B) Notwithstanding the requirements noted in subsection (A) of this section, an indemnification
provision will not be required in those instances where the City itself applies for and secures a
Conditional Use Permit for Wireless Telecommunications Facilities
7.11.25. Fines (Reference section 10.06)
A) In the event of a violation of this Ordinance or any Conditional Use Permit issued pursuant to this
Ordinance, the City may prosecute the holder of the Conditional Use Permit for Wireless
17
Telecommunications Facilities shall pay fines or penalties as set forth in section 10.06 of this
Regulation and as allowed by State Statute.
B) Notwithstanding anything in this Ordinance, the holder of the Conditional 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 Ordinance or any section of this Ordinance. An
attempt to do so shall subject the holder of the Conditional Use Permit to termination and
revocation of the Conditional Use Permit. The City may also seek injunctive relief to prevent the
continued violation of this Ordinance, without limiting other remedies available to the City.
7.11.26. Default and/or Revocation.
If a Wireless Telecommunications Facility is repaired, rebuilt, placed, moved, re -located, modified
or maintained in a way that is inconsistent or not in compliance with the provisions of this
Ordinance or of the Conditional Use Permit, then the City shall notify the holder of the Conditional
Use Permit in writing of such violation. A Permit holder in violation may be considered in default
and subject to fines as in Section 7.11.25 and if a violation is not corrected to the satisfaction of
the City in a reasonable period of time the Conditional Use Permit is subject to revocation.
7.11.27. Removal of Wireless Telecommunications Facilities.
A) Under the following circumstances, the City may determine that the health, safety, and welfare
interests of the City warrant and require the removal of Wireless Telecommunications Facilities.
1) Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as
Wireless Telecommunications Facilities) for a period exceeding ninety consecutive (90) days
or a total of one hundred-eighty (180) days in any three hundred-sixty five (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;
2) Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it
creates a health or safety hazard;
3) Wireless Telecommunications Facilities have been located, constructed, or modified without
first obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any
other necessary authorization and the Conditional Use Permit may be revoked.
B) If the City makes such a determination as noted in subsection (A) of this section, then the City
shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications
Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be
removed, the City may approve an interim temporary use agreement/permit, such as to enable the
sale of the Wireless Telecommunications Facilities.
C) The holder of the Conditional Use Permit, or 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 ninety (90) days of receipt of
written notice from the City. 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 City.
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D) If Wireless Telecommunications Facilities are not removed or substantial progress has not been
made to remove the Wireless Telecommunications Facilities within ninety (90) days after the
Permit holder has received notice, then the City may order officials or representatives of the City
to remove the Wireless Telecommunications Facilities at the sole expense of the owner or
Conditional Use Permit holder.
E) If, the City 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 (10) days, then the City may take steps to declare the Wireless
Telecommunications Facilities abandoned, and sell them and their components.
F) Notwithstanding anything in this Section to the contrary, the City may approve a temporary use
permit/agreement for the Wireless Telecommunications Facilities, for no more ninety (90) days,
during which time a suitable plan for removal, conversion, or re-location of the affected Wireless
Telecommunications Facilities shall be developed by the holder of the Conditiona l Use Permit,
subject to the approval of the City, and an agreement to such plan shall be executed by the holder
of the Conditional Use Permit and the City. If such a plan is not developed, approved and
executed within the ninety (90) day time period, then the City may take possession of and dispose
of the affected Wireless Telecommunications Facilities in the manner provided in this Section.
7.11.28. Relief.
Any Applicant desiring relief, waiver or exemption from any aspect or requirement of this Ordinance may
request such, provided that the relief or exemption is contained in the submitted Application for either a
Conditional Use Permit, or in the case of an exis ting or previously granted Conditional Use Permit a
request for modification of its Tower and/or facilities. Such relief may be temporary or permanent, partial
or complete. However, 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 City 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 affect on the health, safety and welfare of the City, its residents and other service providers.
7.11.29. Periodic Regulatory Review by the City.
A) The City may at any time conduct a review and examination of this entire Ordinance.
B) If after such a periodic review and examination of this Ordinance, the City determines that one or
more provisions of this Ordinance should be amended, repealed, revised, clarified, or deleted, then
the City may take whatever measures are necessary in accordance with applicable Law in order
to accomplish the same. It is noted that where warranted, and in the best interests of the City, the
City may repeal this entire Ordinance at any time.
C) Notwithstanding the provisions of subsections (A) and (B) of this Section, the City 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 Ordinance.
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7.11.30. Adherence to State and/or Federal Rules and Regulations.
A) To the extent that the holder of a Conditional 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 Conditional 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.
B) To the extent that 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 Conditional Use Permit for Wireless Telecommunications Facilities, then the holder
of such a Conditional 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 twenty-four (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.
7.11.31. Conflict with Other Laws.
Where this Ordinance differs or conflicts with other Laws, rules and regulations, unless the right to do so
is preempted or prohibited by the City, State or Federal government, this Ordinance shall apply.
7.11.32. Effective Date.
This ordinance shall be in full force and effect from and after its passage, approval and publication, in
pamphlet form, as provided by law.
7.11.33. Authority.
This local Ordinance is enacted pursuant to applicable authority granted by the State and federal
government.
1
Section 6.01 WIRELESS COMMUNICATION FACILITES
6.01.01. Purpose and Legislative Intent.
The Telecommunications Act of 1996 affirmed the County of Hall’s authority concerning the placement,
construction and modification of Wireless Telecommunications Facilities. The County of Hall finds that
Wireless Telecommunications Facilities may pose significant concerns to the health, safety, public welfare,
character and environment of the County and its inhabitants. The 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 insure that the placement, construction or
modification of Wireless Telecommunications Facilities is consistent with the County’s land use policies,
the County is adopting a single, comprehensive, Wireless Telecommunications Facilities application and
permit process. The intent of this Local Regulation 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 environmental impacts of such facilities, and protect the health, safety
and welfare of the County of Hall.
6.01.02. Title.
This Regulation shall be known and cited as the Wireless Telecommunications Facilities Siting Regulation
for the County of Hall.
6.01.03. Severability.
A) If any word, phrase, sentence, part, section, subsection, or other portion of this Resolution 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 Resolution,
and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain
in full force and effect.
B) Any Conditional Use Permit issued under this Regulation 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 County.
6.01.04. Definitions.
For purposes of this Regulation, 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. Whe n not inconsistent 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.
A) “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.
2
B) “Applicant” means any Wireless service provider submitting an Application for a Conditional
Use Permit for Wireless Telecommunications Facilities.
C) “Application” means all necessary and appropriate documentation that an Applicant submits in
order to receive a Conditional Use Permit for Wireless Telecommunications Facilities.
D) “Antenna” means a system of electrical conductors that transmit or receive electromagnetic
waves or radio frequency or other wireless signals.
E) “Board” means the County Board of Supervisors for Hall County.
F) “Co-location” means the use of an existing Tower or structure to support Antennae for the
provision of wireless services. A replacement tower that is constructed on the same site as an
existing tower will be considered a co-location as long as the new tower is no taller than the old
tower and that the old tower is removed within 90 days (weather permitting) after the new tower
is constructed.
G) “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 satisfactory financial return on investment or profit,
standing alone, shall not deem a situation to be “commercial impracticable” and shall not render an
act or the terms of an agreement “commercially impracticable”.
H) “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.
I) “FAA” means the Federal Aviation Administration, or its duly designated and authorized
successor agency.
J) “FCC” means the Federal Communications Commission, or its duly designated and authorized
successor agency.
K) “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, lightening protection device or strobe.
L) “Modification” or “Modify” means, the addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless facility, such as antennas, cabling,
equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any
visually discernable components, vehicular access, parking and/or an upgrade or changeout of
equipment for better or more modern equipment. Adding a new wireless carrier or service
provider to a Telecommunications Tower or Telecommunications Site as a co-location is a
modification. A Modification shall not include the replacement 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 adding, removing or
changing anything.
3
M) “NIER” means Non-Ionizing Electromagnetic Radiation
N) “Person” means any individual, corporation, estate, trust, partnership, joint stock company,
association of two (2) or more persons having a joint common interest, or any other entity.
O) “Personal Wireless Facility” See definition for ‘Wireless Telecommunications Facilities’
P) “Personal Wireless Services”or “PWS” means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange and is also referred to as “Personal
Telecommunications Service” or “PCS”
Q) "Repairs and Maintenance" means the replacement 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.
R) “Conditional 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 City.
S) “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 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,
T) “State” means the State of Nebraska.
U) “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
V) “Telecommunication Site” See definition for Wireless Telecommunications Facilities
W) “Telecommunications Structure” means a structure used in the provision of services described
in the definition of ‘Wireless Telecommunications Facilities’
X) “Temporary” means, temporary in relation to all aspects and components of Article XI of this
ordinance, something intended to, or that does not exist for more than ninety (90) days.
Y) “Tower” means any structure designed primarily to support an antenna for receiving and/or
transmitting a wireless signal.
Z) “Wireless Telecommunications Facilities” means and includes a “Telecommunications
Site” and “Pers onal 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 and kinds and structures, including, but not limited
to buildings, church steeples, silos, water towers, signs or other structures that can be used as a
4
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, specialized mobile radio (SMR), paging, 911, Personal Communications Services (PCS),
commercial satellite services, microwave services and any commercial wireless
telecommunication service not licensed by the FCC.
6.01.05. Overall Policy and Desired Goals for Conditional Use
Permits and Administrative Review for Wireless
Telecommunications Facilities.
In order to ensure that the placement, construction, and modification of Wireless Telecommunications
Facilities protects the County’s health, safety, public welfare, environmental features, the nature and
character of the community and neighborhood and other aspects of the quality of life specifically listed
elsewhere in this Regulation, the County hereby adopts an overall policy with respect to Conditional Use
Permits and Administrative Review for Wireless Telecommunications Facilities for the express purpose of
achieving the following goals:
A) Requiring a Conditional Use Permit for any new Wireless Telecommunications Facility
B) Requiring Administrative Review for co-location or modification of a Wireless
Telecommunications Facility that does not require a change in the height of the tower.
C) Implementing an Application process for person(s) seeking a Conditional Use Permit for or
Administrative Review of Wireless Telecommunications Facilities;
D) Establishing a policy for examining an application for and issuing a Conditional Use Permit, and
Administrative Reviews for Wireless Telecommunications Facilities that is both fair and
consistent.
E) Promoting and encouraging, wherever possible, the sharing and/or co-location of Wireless
Telecommunications Facilities among service providers
E) 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.
F) That in granting a Conditional Use Permit or permitting after Administrative Review, the County
has found that the facility shall be the most appropriate site as regards being the least visually
intrusive among those available in the County.
Comment [C1]: Administrative Review gives
the opportunity to review the towers for safety
and loading and forces the communication
companies to consider sites as outlined by the
preference of the city, village or county,
5
6.01.06. Exceptions from a Conditional Use Permit for Wireless
Telecommunications Facilities.
A) Except as otherwise provided by this Regulation no Person shall be permitted to site, place, build,
construct, modify or prepare any site for the placement or use of, Wireless Telecommunications
Facilities as of the effective date of this Regulation without having first obtained a Conditional Use
Permit for Wireless Telecommunications Facilities. Notwithstanding anything to the contrary in
this section, no Conditional Use Permit shall be required for those non-commercial exceptions
noted in §6.01.07.
B) All legally permitted Wireless Telecommunications Facilities, constructed as permitted, existing on
or before the effective date of this Regulation 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 and any new installation to comply with this Regulation.
Relief from these regulations, for existing legally permitted Wireless Telecommunications
Facilities, may be sought by the applicant as shown in section 6.01.28 of this Regulation.
C) Any Repair and Maintenance of a Wireless Facility does not require an Application for a
Conditional Use Permit.
6.01.07. Exclusions. The following shall be exempt from this
Regulation:
A) The County’s fire, police, department of transportation or other public service facilities owned and
operated by the local government.
B) Any facilities expressly exempt from the County’s siting, building and permitting authority.
C) 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.
D) Facilities exclusively for private, non-commercial radio and television reception and private
citizen’s bands, licensed amateur radio and other similar non-commercial Telecommunications.
E) Facilities exclusively for providing unlicensed spread spectrum technologies (such as IEEE
802.11a, b, g (Wi-Fi) and Bluetooth) where the facility does not require a new tower.
6.01.08. Conditional Use Permit Application and Other
Requirements.
A) All Applicants for a Conditional Use Permit for Wireless Telecommunications Facilities or any
modification of such facility shall comply with the requirements set forth in this Regulation. The
County Council is the officially designated agency or body of the County to whom applications for
a Conditional Use Permit for Wireless Telecommunications Facilities must be made, and that is
authorized to review, analyze, evaluate and make decisions with respect to granting or not granting
or revoking Conditional Use Permits for Wireless Telecommunications Facilities. The County may
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at its discretion delegate or designate other official agencies or officials of the County to accept,
review, analyze, evaluate and make recommendations to the County Council with respect to the
granting or not granting or revoking Conditional Use Permits for Wireless Telecommunications
Facilities.
B) The County may reject applications not meeting the requirements stated herein or which are
otherwise incomplete
C) No Wireless Telecommunications Facilities shall be installed, constructed or modified until the
Application is reviewed and approved by the County, and the Conditional Use Permit has been
issued.
D) 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 may
be relied upon in good faith by the County.
E) An Application for a Conditional Use Permit for Wireless Telecommunications Facilities 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.
.
F) The Applicant must provide documentation to verify it has the right to proceed as proposed on the
Site. This would require an executed copy of the lease with the landowner or landlord or a signed
letter acknowledging authorization. If the applicant owns the site, a copy of the ownership record
is required.
G) The Applicant shall include a statement in writing:
1) That the applicant’s proposed Wireless Telecommunications Facilities shall be maintained in a safe
manner, and in compliance with all conditions of the Conditional Use Permit, without exception,
unless specifically granted relief by the County in writing, as well as all applicable and permissible
local codes, Regulations, and regulations, including any and all applicable County, State and
Federal Laws, rules, and regulations;
2) That 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.
H) Where a certification is called for in this Regulation, such certification shall bear the signature and
seal of a Registered Professional surveyor, engineer, architect and or other individual as necessary
licensed in the State of Nebraska.
I) In addition to all other required information as stated in this Regulation, all applications for the
construction or installation of new Wireless Telecommunications Facilities or modification of an
existing facility shall contain the information hereinafter set forth.
1) A descriptive statement of the objective(s) for the new facility or modification including and
expanding on a need such as coverage and/or capacity requirements;
Comment [C2]: This may differ based on
what is being considered, survey, construction
plans, stealth antennas, geo technical data
etc..
7
2) Documentation that demonstrates and proves the need for the Wireless
Telecommunications Facility to provide service primarily and essentially within the County.
Such documentation shall include propagation studies of the proposed site and all adjoining
planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage
and/or if a capacity need, including an analysis of current and projected usage;
3) The name, address and phone number of the person preparing the report;
4) The name, address, and phone number of the property owner and Applicant, and to include
the legal name of the Applicant. If the site is a tower and the owner is different that the
applicant, provide name and address of the tower owner;
5) The 911 address and tax parcel number of the property;
6) The Zoning District in which the property is situated;
7) Size of the property stated both in square feet and lot line dimensions, and a survey showing
the location of all lot lines;
8) The location of nearest residential structure;
9) The location, size and height of all existing and proposed structures on the property which is
the subject of the Application;
10) The type, locations and dimensions of all proposed and existing landscaping, and fencing;
11) The azimuth, size and center-line height location of all proposed and existing antennae on the
supporting structure;
12) The number, type and model of the Antenna(s) proposed with a copy of the specification
sheet;
13) The make, model, type and manufacturer of the Tower and design plan stating the Tower’s
capacity to accommodate multiple users
14) A site plan describing the proposed Tower and Antenna(s) and all related fixtures,
structures, appurtenances and apparatus, including height above pre-existing grade,
materials, color and lighting;
15) The frequency, modulation and class of service of radio or other transmitting equipment;
16) The actual intended transmission power stated as the maximum effective radiated power
(ERP) in watts;
17) Signed documentation such as the “Checklist to Determine Whether a Facility is
Categorically Excluded” to verify that the Wireless Telecommunication Facility with the
proposed installation will be in full compliance with the current FCC RF Emissions guidelines
(NIER). If not categorically excluded, a complete RF Emissions study is required to provide
verification;
18) A signed statement that the proposed installation will not cause physical or RF interference
with other telecommunications devices;
19) A copy of the FCC license applicable for the intended use of the Wireless
Telecommunications Facilities;
20) A copy of the geotechnical sub-surface soils investigation, evaluation report and foundation
recommendation for a proposed or existing Tower site and if existing Tower or water tank
site, a copy of the installed foundation design. The investigation, evaluation and design shall
be prepared by a licensed professional.
J) The applicant will provide a written copy of an analysis, completed by a qualified individual or
organization, to determine if the proposed new Tower or existing structure intended to support
wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77 and if
it 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 with the FAA, all responses from the FAA and any
Comment [CoGI3]: This was added.
8
related correspondence shall be provided with the application. If the analysis determines that the
structure is within the approach or turning zone of the airport then approvals must be received
from the local airport.
K) Application for New Tower
1) 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. Copies of written requests and
responses for shared use shall be provided to the County in the Application, along with any
letters of rejection stating the reason for rejection.
2) In order to better inform the public, in the case of a new Telecommunication Tower, the
Applicant shall, prior to the public hearing on the application, hold a “balloon test”. The
Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three (3) foot
in diameter brightly colored balloon at the maximum height of the proposed new Tower.
The dates, (including a second date, in case of poor visibility on the initial date) times and
location of this balloon test shall be advertised by the Applicant seven (7) and fourteen (14)
days in advance of the first test date in a newspaper with a general circulation in the
County. The Applicant shall inform the County, in writing, of the dates and times of the test,
at least fourteen (14) days in advance. The balloon shall be flown for at least four
consecutive hours sometime between 7:00 am and 4:00 pm on the dates chosen. The
primary date shall be on a weekend, but in case of poor weather on the initial date, the
secondary date may be on a weekday. A report with pictures from various locations of the
balloon shall be provided with the Application.
3) The Applicant shall examine the feasibility of designing the proposed Tower to
accommodate future demand for at least four (4) additional commercial applications, for
example, future co-locations. The Tower shall be structurally designed to accommodate at
least four (4) additional Antenna Arrays equal to those of the Applicant, and located as
close to the Applicant’s Antenna as possible without causing interference. This requirement
may be waived, provided 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:
a) The foreseeable number of FCC licenses available for the area;
b) The kind of Wireless Telecommunications Facilities site and structure proposed;
c) The number of existing and potential licenses without Wireless Telecommunications
Facilities spaces/sites;
d) Available space on existing and approved Towers.
4) 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:
a) Respond within 60 days to a request for information from a potential shared-use
Applicant;
9
b) Negotiate in good faith concerning future requests for shared use of the new Tower
by other Telecommunications providers;
c) Allow shared use of the new Tower if another Telecommunications provider agrees
in writing to pay reasonable charges. The charges may include, but are not limited to,
a pro rata share of the cost of site selection, planning, project administration, land
costs, site design, construction and maintenance financing, return on equity, less
depreciation, and all of the costs of adapting the Tower or equipment to accommodate
a shared user without causing electromagnetic interference.
d) Failure to abide by the conditions outlined above may be grounds for revocation of the
Conditional Use Permit.
L) The Applicant shall provide certification with documentation (structural analysis as provided by a
professional engineer licensed in the State of Nebraska) including calculations that the
Telecommunication Facility Tower and foundation and attachments, rooftop support structure,
water tank structure, and any other supporting structure as proposed to be utilized are designed
and will be constructed to meet all local, County, State and Federal structural requirements for
loads, including wind and ice loads.
M) If proposal is for a co-location or modification on an existing Tower, the applicant is to provide
signed documentation of the Tower condition such as an ANSI report as per Annex E, Tower
Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or most recent version. The
inspection report must be performed every three (3) years for a guyed tower and five (5) years
for monopoles and self-supporting towers.
N) All proposed Wireless Telecommunications Facilities shall contain a demonstration that the Facility
will be sited so as to minimize visual intrusion as much as possible, given the facts and
circumstances involved and will thereby have the least adverse visual effect on the environment
and its character and on the residences in the area of the Wireless Telecommunications Facility.
O) If a new Tower, proposal for a new Antenna attachment to an existing structure, or modification
adding to a visual impact, the Applicant shall furnish a Visual Impact Assessment, which shall
include:
1) If a new Tower or increasing the height of an existing structure is proposed, a computer
generated “Zone of Visibility Map” at a minimum of one mile radius from the proposed
structure, with and without foliage shall be provided to illustrate locations from which the
proposed installation may be seen.
2) Pictorial representations of “before and after” (photo simulations) views from key viewpoints
both inside and outside of the County as may be appropriate, including but not limited to State
highways and other major roads; State and local parks; other public lands; historic districts;
preserves and historic sites normally open to the public; and from any other location where the
site is visible to a large number of visitors, travelers or residents. Guidance will be provided,
concerning the appropriate key sites at the pre-application meeting. Provide a map showing
the locations of where the pictures were taken and distance from the proposed structure.
10
3) A written description of the visual impact of the proposed facility including; and 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.
P) 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
Q) 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 may include the
utilization of stealth or concealment technology if required by the County.
R) All utilities at a Wireless Telecommunications Facilities site shall be installed underground
whenever possible and in compliance with all Laws, Regulations, rules and regulations of the
County, including specifically, but not limited to, the National Electrical Safety Code and the
National Electrical Code where appropriate
S) At a Telecommunications Site, an access road, turn-around space and parking shall be provided to
assure adequate emergency and service access. Maximum use of existing roads, whether public
or private, shall be made to the extent practicable. Road construction shall at all times minimize
ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion.
T) 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,
and land use codes. In the event of a conflict between or among any of the preceding the more
stringent shall apply.
U) A holder of a Conditional Use Permit granted under this Regulation shall obtain, at its own
expense, all permits and licenses required by applicable Law, rule, regulation or code, and must
maintain the same, in full force and effect, for as long as required by the County or other
governmental entity or agency having jurisdiction over the applicant.
V) There shall be a pre-application meeting. The purpose of the pre-application meeting will be to
address issues that will help to expedite the review and permitting process. A pre-application
meeting shall also include a site visit if there has not been a prior site visit for the requested site.
W) An Applicant shall submit to the County the number of completed Applications determined to be
needed at the pre-application meeting. Written notification of the Application shall be provided to
the legislative body of all adjacent municipalities as applicable and/or requested.
11
X) The holder of a Conditional 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.
6.01.09. Location of Wireless Telecommunications Facilities.
A) Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Wireless
Telecommunications Facilities in accordance with the following priorities, one (1) being the highest
priority and seven (8) being the lowest priority.
1) On existing Towers or other structures on County owned properties.
2) On existing Towers or other structures on other property in the County
3) A new Tower on County-owned properties;
4) A new Tower on properties in areas zoned for Industrial use
6) A new Tower on properties in areas zoned for Commercial use
7) A new Tower on properties in areas zoned for Agricultural use not planned for residential
use in Comprehensive Plan
8) A new Tower on properties in areas zoned for Residential use
B) If the proposed site is not proposed for the highest priority listed above, then a detailed explanation
must be provided as to why a site of a higher priority was not selected. The person seeking such
an exception must satisfactorily demonstrate the reason or reasons why such a permit should be
granted for the proposed site, and the hardship that would be incurred by the Applicant if the
permit were not granted for the proposed site.
C) An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site
leased or selected. An Application shall address co-location as an option. If such option is not
proposed, the Applicant must explain to the reasonable satisfaction of the County why co-location
is Commercially or otherwise Impracticable. Agreements between providers limiting or prohibiting
co-location shall not be a valid basis for any claim of Commercial Impracticability or hardship.
D) Notwithstanding the above, the County may approve any site located within an area in the above
list of priorities, provided that the County 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.
E) The Applicant shall submit a 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.
F) Notwithstanding that a potential site may be situated in an area of highest priority or highest
available priority, the County may disapprove an Application for any of the following reasons.
1) Conflict with safety and safety-related codes and requirements;
2) Conflict with the historic nature or character of a neighborhood or historical district;
3) The use or construction of Wireless Telecommunications Facilities which is contrary to an
already stated purpose of a specific zoning or land use designation;
Comment [C4]: Need to decided on priorities.
The Manufacturing, Commercial, Agricultural, Residential is obvious but how do we feel
about cell sites on public land. This is a
potential source of long term revenue for the
communities. We could also eliminate the
public provisions and just do this based on the
zoning district.
12
4) 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;
5) Conflicts with the provisions of this Regulation.
6.01.10. Shared Use of Wireless Telecommunications Facilities and
Other Structures.
A) The County shall prefer Applicants to locate on existing Towers or others structures without
increasing the height instead of the construction of a new Tower. The Applicant shall submit a
comprehensive report inventorying existing Towers and other suitable structures within two (2)
miles of the location of any proposed new Tower, unless the Applicant can show that some other
distance is more reasonable and demonstrate conclusively why an existing Tower or other suitable
structure cannot be used.
B) 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.
C) 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.
6.01.11. Height of Telecommunications Tower(s).
A) The Applicant shall submit documentation justifying the total height of any Tower, Facility and/or
Antenna requested and the basis therefore. Documentation in the form of propagation studies
must include all backup data used to perform at requested height and a minimum of ten (10’) feet
lower height to allow verification of this height need. 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.
B) No Tower constructed after the effective date of this Regulation, including allowing for all
attachments, shall exceed that height which shall permit operation without required artificial
lighting of any kind in accordance with County, State, and/or any Federal statute, law, local law,
County Regulation, code, rule or regulation.
6.01.12. Visibility of Wireless Telecommunications Facilities.
A) Wireless Telecommunications Facilities shall not be artificially lighted or marked, except as
required by Law. Wireless Telecommunications Facilities shall not be artificially lighted or marked,
except as required by Law. Towers requiring lighting shall submit a request for relief from 6.01.11
(B) as allowed under 6.01.28 of this Regulation
B) 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 Regulation.
C) If lighting is required, Applicant shall provide a plan for sufficient lighting of as unobtrusive and
inoffensive an effect as is permissible under State and Federal regulations.
13
6.01.13. 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. Specifically:
A) 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
B) 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.
6.01.14. Signage.
Wireless Telecommunications Facilities shall contain a sign no larger than four (4) 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. 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) as well as emergency phone number(s). The
sign shall be on the equipment shelter or cabinet of the Applicant and be visible from the access point of
the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC
registration site as applicable is also to be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting. No other signage, including advertising, shall be permitted.
6.01.15. Lot Size and Setbacks.
All proposed Towers and any other proposed Wireless Telecommunications Facility structures shall be set
back from 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 (10%) of the height of the Tower or structure, or
the existing setback requirement of the underlying Zoning District, whichever is greater. Any Accessory
structure shall be located so as to comply with the applicable minimum setback requirements for the
property on which it is situated.
6.01.16. Retention of Expert Assistance and Reimbursement by
Applicant.
A) The County may hire any consultant and/or expert necessary to assist the County in reviewing and
evaluating the Application, including the construction and modification of the site, once permitted,
and any site inspections.
B) An Applicant shall deposit with the County funds sufficient to reimburse the County for all
reasonable costs of consultant and expert evaluation and consultation to the County in connection
with the review of any Application including where applicable, the lease negotiation, the pre -
approval evaluation, and the construction and modification of the site, once permitted. The initial
deposit shall be $8,500.00. The placement of the $8,500.00 with the County shall precede the pre-
application meeting. The County will maintain a separate escrow account for all such funds. The
County’s consultants/experts shall invoice the County for its services related to the Application. If
at any time during the process this escrow account has a balance less than $2,500.00, the
Applicant shall immediately, upon notification by the County, replenish said escrow account so that
14
it has a balance of at least $5,000.00. Such additional escrow 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 by the County is more than the amount of the actual invoicing at the
conclusion of the project, the remaining balance shall, upon request of the Applicant, be promptly
refunded to the Applicant.
C) The total amount of the funds needed as set forth in subsection (B) of this section may vary with
the scope (lease negotiations and/or review) 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.
6.01.17. Public Hearing and Notification Requirements.
A) Prior to the approval of any Application for a Conditional Use Permit for Wireless
Telecommunications Facilities, a Public Hearing shall be held by the County, notice of which shall be
published in the newspa per general circulation in of the County no less than ten (10) calendar days
prior to the scheduled date of the Public Hearing. In order that the County may notify nearby
landowners, the Application shall contain the names and address of all landowners whose property is
located within three hundred (300) feet of any property line of the lot or parcel on which the new
Wireless Telecommunications Facilities are proposed to be located.
B) There shall be no Public Hearing required for an Application to co-locate on an existing Tower or
other structure or a modification at an existing site, as long as there is no proposed increase in the
height of the Tower or structure, including attachments thereto.
C) The County shall schedule the Public Hearing referred to in Subsection (A) of this section once it
finds the Application is complete, the County, at any stage prior to issuing a Conditional Use
Permit, may require such additional information as it deems necessary.
6.01.18. Action on an Application for a Conditional Use Permit for
Wireless Telecommunications Facilities.
A) The County will 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.
B) The County may refer any Application or part thereof to any advisory, other committee or
commission for a non-binding recommendation.
C) After the Public Hearing and after formally considering the Application, the County may approve,
approve with conditions, or deny a Conditiona l Use Permit. Its decision shall be in writing and shall
be supported by substantial evidence contained in a written record. The burden of proof for the
granting of the Permit shall always be upon the Applicant.
D) If the County approves the Conditional Use Permit for Wireless Telecommunications Facilities,
then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the
County’s action, and the Conditional Use Permit shall be issued within thirty (30) days after such
approval. Except for necessary building permits, and subsequent Certificates of Compliance, once
a Conditional Use Permit has been granted hereunder, no additional permits or approvals from the
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County, such as site plan or zoning approvals, shall be required by the County for the Wireless
Telecommunications Facilitie s covered by the Conditional Use Permit.
E) If the County denies the Conditional Use Permit for Wireless Telecommunications Facilities, then
the Applicant shall be notified of such denial in writing within ten (10) calendar days of the
County’s action.
6.01.19. Extent and Parameters of Conditional Use Permit for
Wireless Telecommunications Facilities.
The extent and parameters of a Conditional Use Permit for Wireless Telecommunications Facilities shall
be as follows:
A) Such Conditional Use Permit shall not be assigned, transferred or conveyed without the express
prior written notification to the County.
B) Such Conditional Use Permit may, following a hearing upon due prior notice to the Applicant, be
revoked, canceled, or terminated for a violation of the conditions and provisions of the Conditional
Use Permit, or for a material violation of this Regulation after prior written notice to the holder of
the Conditional Use Permit.
6.01.20. Application Fee.
At the time that a Person submits an Application for a Conditional Use Permit for a new Tower or an
Administrative Review of an existing tower or structure , such Person shall pay a non-refundable
application fee to the County as set by the County Fee Schedule.
6.01.21. 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 facility and $25,000 for a co-location on an existing tower or
other structure and with such sureties as are deemed sufficient by the County to assure the faithful
performance of the terms and conditions of this Regulation and conditions of any Conditional Use Permit
issued pursuant to this Regulation. The full amount of the bond or security shall remain in full force and
effect throughout the term of the Conditional 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 Conditional Use Permit.
6.01.22. Reservation of Authority to Inspect Wireless
Telecommunications Facilities.
In order to verify that the holder of a Conditional 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, Regulations 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.
Comment [C5]: Each entity will have to
include conditional use permits for wireless
communication facilities in their fee schedule.
The consults recommend $5000 for a new
tower and $2500 for a co-location or
Administrative Review nationally. Nebraska
counties tend to make those fees $3000 and
$1500.
16
6.01.23. Liability Insurance for facilities located on County owned
property
A) A holder of a Conditional 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 Conditional Use Permit in amounts as set
forth below
1) Commercial General Liability covering personal injuries, death and property damage:
$1,000,000 per occurrence/$2,000,000 aggregate;
2) Automobile Coverage: $1,000,000 per occurrence/ $2,000,000 aggregate;
3) Workers Compensation and Disability: Statutory amounts
B) For a Wireless Telecommunications Facility on County property, the Commercial General Liability
insurance policy shall specifically include the County and its officers, Councils, employees,
committee members, attorneys, agents and consultants as additional insureds.
C) 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.
D) The insurance policies shall contain an endorsement obligating the insurance company to furnish
the County with at least forty five-(45) days prior written notice in advance of the cancellation of
the insurance.
E) Renewal or replacement policies or certificates shall be delivered to the County at least fifteen
(15) days before the expiration of the insurance that such policies are to renew or replace.
F) Before construction of a permitted Wireless Telecommunications Facilities is initiated, but in no
case later than fifteen (15) days after the granting of the Conditional Use Permit, the holder of the
Conditional Use Permit shall deliver to the County a copy of each of the policies or certificates
representing the insurance in the required amounts.
6.01.24. Indemnification.
A) Any application for Wireless Telecommunication Facilities that is proposed for County property,
pursuant to this Regulation, shall contain a provision with respect to indemnification. Such
provision shall require the applicant, to the extent permitted by the Law, 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.
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B) Notwithstanding the requirements noted in subsection (A) of this section, an indemnification
provision will not be required in those instances where the County itself applies for and secures a
Conditional Use Permit for Wireless Telecommunications Facilities
6.01.25. Fines (Reference section 10.03)
A) In the event of a violation of this Resolution or any Conditional Use Permit issued pursuant to this
Ordinance, the County may prosecute the holder of the Conditional Use Permit for Wireless
Telecommunications Facilities shall pay fines or penalties as set forth in section 10.03 of this
Regulation and as allowed by State Statute.
B) Notwithstanding anything in this Regulation, the holder of the Conditional 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 Regulation or any section of this Regulation. An
attempt to do so shall subject the holder of the Conditional Use Permit to termination and
revocation of the Conditional Use Permit. The County may also seek injunctive relief to prevent
the continued violation of this Regulation, without limiting other remedies available to the County.
6.01.26. Default and/or Revocation.
If a Wireless Telecommunications Facility is repaired, rebuilt, placed, moved, re -located, modified
or maintained in a way that is inconsistent or not in compliance with the provisions of this
Regulation or of the Conditional Use Permit, then the County shall notify the holder of the
Conditional Use Permit in writing of such violation. A Permit holder in violation may be
considered in default and subject to fines as in Section 7.11.25 and if a violation is not corrected to
the satisfaction of the County in a reasonable period of time the Conditional Use Permit is subject
to revocation.
6.01.27. Removal of Wireless Telecommunications Facilities.
A) 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.
1) Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not used as
Wireless Telecommunications Facilities) for a period exceeding ninety consecutive (90) days
or a total of one hundred-eighty (180) days in any three hundred-sixty five (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;
2) Permitted Wireless Telecommunications Facilities fall into such a state of disrepair that it
creates a health or safety hazard;
3) Wireless Telecommunications Facilities have been located, constructed, or modified without
first obtaining, or in a manner not authorized by, the required Conditional Use Permit, or any
other necessary authorization and the Conditional Use Permit may be revoked.
B) If the County makes such a determination as noted in subsection (A) of this section, then the
County shall notify the holder of the Conditional Use Permit for the Wireless Telecommunications
Facilities within forty-eight (48) hours that said Wireless Telecommunications Facilities are to be
18
removed, the County may approve an interim temporary use agreement/permit, such as to enable
the sale of the Wireless Telecommunications Facilities.
C) The holder of the Conditional Use Permit, or its successors or assigns, shall dismantle and remove
such Wire less 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 ninety (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.
D) If Wireless Telecommunications Facilities are not removed or substantial progress has not been
made to remove the Wireless Telecommunications Facilities within ninety (90) days after the
Permit holder has received notice, then the County may order officials or representatives of the
County to remove the Wireless Telecommunications Facilities at the sole expense of the owner or
Conditional Use Permit holder.
E) 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 (10) days, then the County may take steps to declare the Wireless
Telecommunic ations Facilities abandoned, and sell them and their components.
F) Notwithstanding anything in this Section to the contrary, the County may approve a temporary use
permit/agreement for the Wireless Telecommunications Facilities, for no more ninety (90) days,
during which time a suitable plan for removal, conversion, or re-location of the affected Wireless
Telecommunications Facilities shall be developed by the holder of the Conditiona l Use Permit,
subject to the approval of the County, and an agreement to such plan shall be executed by the
holder of the Conditional Use Permit and the County. If such a plan is not developed, approved
and executed within the ninety (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
Section.
6.01.28. Relief.
Any Applicant desiring relief, waiver or exemption from any aspect or requirement of this Regulation may
request such, provided that the relief or exemption is contained in the submitted Application for either a
Conditional Use Permit, or in the case of an exis ting or previously granted Conditional Use Permit a
request for modification of its Tower and/or facilities. Such relief may be temporary or permanent, partial
or complete. However, 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 affect on the health, safety and welfare of the County, its residents and other service providers.
6.01.29. Periodic Regulatory Review by the County.
A) The County may at any time conduct a review and examination of this entire Regulation.
19
B) If after such a periodic review and examination of this Regulation, the County determines tha t one
or more provisions of this Regulation should be amended, repealed, revised, clarified, or deleted,
then the County may take whatever measures are necessary in accordance with applicable Law
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 Regulation at any time.
C) Notwithstanding the provisions of subsections (A) and (B) of this Section, 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 Regulation.
6.01.30. Adherence to State and/or Federal Rules and Regulations.
A) To the extent that the holder of a Conditional 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 Conditional 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.
B) To the extent that 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 Conditional Use Permit for Wireless Telecommunications Facilities, then the holder
of such a Conditional 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 twenty-four (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.
6.01.31. Conflict with Other Laws.
Where this Regulation 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 Regulation shall apply.
6.01.32. Effective Date.
This Regulation shall be in full force and effect from and after its passage, approval and publication, in
pamphlet form, as provided by law.
6.01.33. Authority.
This local Regulation is enacted pursuant to applicable authority granted by the State and federal
government.
Item M5
Woodland Park Eleventh Subdivision
Insert a narrative here
Wednesday, June 02, 2010
Regular Meeting
Hall County Regional Planning
Commission
Staff Contact:
Hall County Regional Planning Commission
May 17, 2010
Dear Members of the Board:
RE: Final Plat – Woodland Park Eleventh Subdivision
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith
submitted a final plat of Woodland Park Eleven Subdivision, located South of Idaho Ave and
east of Vermont Ave., in the City of Grand Island, in Hall County Nebraska.
This final plat proposes to create 11 lots on a tract of land, consisting of part of Outlot A of
Woodland Park Tenth Subdivision in the City of Grand Island, located in the West Half of the
Southeast Quarter (W1/2, SE1/4) of Section Two (2), Township Eleven (11) North, Range
Ten (10) West of the 6th P.M. in the City of Grand Island, in Hall County, Nebraska, said tract
containing 4.317 acres.
You are hereby notified that the Regional Planning Commission will consider this final plat at
the next meeting that will be held at 6:00 p.m. on June 2, 2010 in the Council Chambers
located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: City Clerk
City Attorney
City Public Works
City Building Inspections
City Utilities
Manager of Postal Operations
Olsson Assoc.
This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.
Item -6
2010-2011 Budget and Fees
Insert a narrative here
Wednesday, June 02, 2010
Regular Meeting
Hall County Regional Planning
Commission
Staff Contact:
Hall County Regional Planning Commission
Date: May 26, 2010
To: Hall County Regional Planning Commission
From: Chad Nabity, Planning Director
Re: 2010-2011 Budget and Fees
Enclosed you will find the budget for the Hall County Regional Planning Commission.
The budget submitted this year assumes 20% of the funding for the Planning Director
Secretary positions will be funded by the Grand Island Community Redevelopment
Authority and that 38% of the funding for the Planning Technician position will be funded
by the Grand Island Utilities Department. The percentage of funding for the Secretary
position from CRA has increased by 10%.
The Regional Planning Department has had a history of cooperation with other city
departments and agencies for funding since 1990 when the budget was amended to
transfer the planning technician position to the Grand Island Utilities Department for 10
pay periods every year. This has been a beneficial partnership that has kept the costs of
maintaining the planning department lower than it would have been without the
partnership and increased the efficiency and communication between the utilities
department and the planning department. The partnership with the CRA was formed in
2005 and has resulted in increased efficiency and effectiveness for both agencies.
The City has embarked on a process of program prioritization to insure that tax dollars
are spent effectively on programs that are consistent with the goals of the Grand Island
City Council and by extension with the citizens. The planning department programs
scored well in the process ending up in the top two quartiles of all city programs. Even
though all of the planning programs scored well all city departments are experiencing
cuts. As a result the planning department has been required to decrease the budget or
increase fees to cover $7,974 and any increases in personnel expenses. This proposed
budget meets those requirements.
The County Board has given budget guidance that there should be no increase in the
amount requested from last year. All changes to salaries and other line items must be
contained within the amount approved with the 2009-2010 budget. This proposed
budget meets those requirements.
Based on the proposed budget Regional Planning Commission is requesting $100,475
in budget authority for fiscal year 2010-2011 from both Hall County and the City of Grand
Island. The budget as submitted to the County last year was $211,332. This included
$105,666 from both Hall County and Grand Island. Once again the Planning
Department is requesting no funding for Capital equipment this year. The proposed
changes to the budget will cover increased personnel costs, the Director’s salary will be
frozen for the 2010-2011 budget year and the secretary position will be eligible for step
increase and both the secretary and technician positions include a 3.5% increase in
base salary as approved with the union contract.
Operating expenses have been review and were adjusted downward where ever
possible. No operating expense items are expected to increase this year. The payment
by the Planning Department for computer services is expected to drop to $7796 this
year. The contract services, printing and duplicating, repair of office furniture and
equipment, travel and training, office supplies and non capital office equipment line items
have been reduced for the 2011 fiscal year. The other items are expected to remain
unchanged. Overall personnel expenses will be reduced by $5426 or 2.9%. Overall non-
personnel expenses will be reduced by $4957 or 20.46%. The budget as proposed represents a decrease in spending authority of $10,383 or 4.91%. This proposed
budget is slightly lower than the budget approved for the 2008-2009 budget year.
Decreasing expenses within the department is one piece of the budget puzzle. The
other piece is looking at fees and the possibilities available for revenue generation. The
current fees have been reviewed as have the services provided by the planning
department for which we do not currently charge a fee. It is suggest that almost all of
the fees be increased. These increases should be implemented by both the City and
County. They represent a more equitable share of the expense to process applications
and provide specific services to individuals that stand to benefit from those services.
Two new fees that are being recommended include a $10 fee for providing a letter of
interpretation for flood plain and a $50 fee for review and submission of letters of map
amendment to FEMA. These are both services that the planning department has
provided since flood plain regulations were adopted in Hall County.
Letters of map interpretation are often requested by real estate agents, appraisers,
bankers and other interested people. The planning staff checks the property to see if it
appears to be in the flood plain and issues a letter defining our interpretation. We
process between 10 and 20 of these per week. This same information is available on
MapSifter and individuals could make their own determination using that tool. Banks
often are required to use a 3rd party service to make a determination for loan purposes
and our letter does not meet their requirements.
Planning staff also provides a service to individuals wishing to have their property
removed from the flood plain by reviewing the application to make sure that the
appropriate information is included with the application and that the application is filled
out correctly. Individual property owners can submit these applications without review
by the planning department. If individual property owners submit the letter and it is
approved the planning department will be notified by FEMA and will make the letter
available on MapSifter. If the individual wishes to have their application reviewed and
the additional map that we provide to complete the application there will be a fee of $50
due. Planning staff will review the application, include necessary maps and send the
application to FEMA. We will follow up on any requests for additional information from
FEMA and aid the applicant in getting their request approved.
REGIONAL PLANNING COMMISSION FEES AND CHARGES: Proposed for 2010-2011
Service or Product Fee
Category 1. Zoning
a. Zoning Map Amendment (general) $400.00 750.00
b. Zoning Ordinance Text Amendment $500.00** 750.00
c. CD or RD Comprehensive Rezoning (Grand Island and 2 mile limit) $500.00 750.00
d. P.U.D. Rezoning (4 lots or less) (Hall County) $300.00 750 + 10/lot
(5 or more lots)(Hall County) $400.00 + $10.00/lot
Category 2. Subdivision
a. Preliminary Plat $ 350.00 + $10.00/lot
$ 400.00 + $10.00/lot
b. Final Plat - (Grand Island and 2 mile limit) $ 325.00
$ 400.00 + $10.00/lot
(Elsewhere in region) $ 200.00**
$ 400 .00** + $10.00/lot
c. Plat Vacation $ 200.00
d. Administrative Subdivisions $ 25.00 50.00
e. Lots More than 10 Acres- (within Grand Island City Limits & 2 mile limit) $ 325.00
(Additions to Grand Island) $ 250.00
Category 3. Comprehensive Plan:
a. Map Amendment $ 400.00* $750.00
b. Text Amendment $ 400.00 $750.00
Category 4. Planning Publications:
A. G.I. Street Directory $ 10.00
b. Zoning Ordinances - (Grand Island) $ 15.00 $25.00
(All other communities) $ 10.00 $25.00
c. Subdivision Regulations – (Grand Island) $ 15.00
(All other communities) $ 10.00 $15.00
d. Comprehensive Plans - (Grand Island) $ 75.00
(All other communities) $ 50.00
Category 5. Maps:
Grand Island
800 scale zoning map unassembled $ 100.00
Generalized zoning map $ 40.00 $50.00
Future Land Use Map $ 40.00 50.00
Grand Island Street Map $ 10.00
Hall County
Zoning Map Generalized 24 X 30 $ 25.00 50.00
Zoning Map 2” = 1 Mile $ 45.00 75.00
Road Map $ 10.00
Wood River, Cairo, Doniphan, Alda
Basemap $ 5.00
Zoning Map $ 30.00 50.00
Other Maps
School District Maps 36 X 36 $ 30.00 50.00
Election District Maps 36 X 36 $ 30.00 50.00
Fire District Maps 36 X 36 $ 30.00 50.00
Custom Printed Maps $ 10.00/sq foot
$ 15.00/sq foot
Electronic Publications
GIS Data CD $ 50.00 100.00
Aerial Photograph DC (Mr SID format) $ 50.00 100.00
Comprehensive Plans (all jurisdictions) $ 50.00 100.00
Zoning & Subdivision Regulations (all jurisdictions) $ 20.00 50.00
ArcPublisher Basemap (all jurisdictions) $ 100.00
Custom ArcPublisher Map $ 100.00 + $40.00/hr
Custom Map PDF $ 25.00/ ½ hour
Research & Documentation Fee $ 95.00/hr $150/hr
Minimum 2 hr
Category 6 Flood Plain
Letter of Map Interpretation $ 10.00
Review and Submission of LOMR $ 50.00
Category 7 Redevelopment Plan and Blight Studies
Blight Study Adoption $ 500.00
Redevelopment Plan Adoption $ 500.00
Redevelopment Plan Amendment $ 500.00
** An additional $50.00 fee is charged in the Villages of Alda, and Doniphan payable to the
pertaining clerk’s office
Shaded are new fees