Butte County |
Code of Ordinances |
Chapter 24. ZONING |
Article IV. Supplemental Use Regulations |
Division 2. Telecommunication Facilities |
§ 24-180. Application submittal and review.
A.
Applications for approval of a telecommunication facility shall include all materials and information required for the permit (e.g., Conditional Use Permit) plus the following information:
1.
A narrative description of the proposed facility, including the type of facility being requested.
2.
A description of the type of technology and consumer services the provider will provide to its customers.
3.
A description of the number, size, material, and color of antennas.
4.
A statement specifying facility height from natural grade to the top of the proposed facility.
5.
A description of any proposed support equipment, including towers or other structures necessary to support or house the facility.
6.
A description of the types, quantities, and locations of hazardous materials to be handled on-site.
7.
Landscaping and painting plans for the proposed facility.
8.
A site location map, including horizontal and vertical location coordinates.
9.
Elevations of the facility and any accessory buildings, including building height and other physical dimensions, drawn to graphic scale.
10.
A visual impact assessment, photomontages, or mock-ups as required by the Zoning Administrator or Planning Commission. The assessment shall identify any proposed trimming of vegetation that will be required for the normal operation of the facility.
11.
For facilities within a residential zone, within one thousand (1,000) feet of a residential zone, or within the AIR zone, a discussion of and supporting information regarding the alternative site selection of at least three (3) alternative sites, if available, including co-location opportunities, and a statement as to why these alternative sites or co-location opportunities were rejected.
12.
A complete service area map showing the entire wireless communications network of the providers twenty (20) miles in all directions from the proposed site for the time period from the filing of the application to twelve (12) months from the filing of the application, for the purpose of visually aiding cumulative environmental analysis, with and without the proposed facility or facilities, showing all hand-off sites within the specified area.
13.
RFR/EMF and wattage output data, including the number of channels.
14.
A graphic depiction of the search ring and all other technical criteria used in determining the proposed facility location.
15.
Documentation which identifies failure characteristics of the facility structure or tower and demonstrates that the site and setbacks are of adequate size to contain falling debris.
16.
Written evidence demonstrating that the selected facility structure or tower design is as visually unobtrusive as possible, given technical and engineering considerations. Submitted evidence shall indicate what type of facility is required to provide reasonably effective service and also the best technology and construction available to maximally achieve visual unobtrusiveness.
17.
Applicants which operate common carrier facilities (specifically, but not limited to cellular, PCS, SMR, and paging service licensees of the FCC) shall provide written evidence that the applicant has provided notice to all FCC licensed wireless communications service carriers operating within the County of Butte of the plans to develop the site.
18.
Evidence of a valid, current operating license or construction permit from the FCC or, if the applicant is not a wireless communications service provider, a user operating agreement for each and every such provider to which the applicant intends to rent space on the proposed facility.
19.
A report, signed by a qualified radio frequency engineer licensed by the FCC, prepared pursuant to FCC OET 65, stating whether the maximum radio frequency radiation/electromagnetic frequency radiation (RF/EMF) to be emitted by the proposed facility, taking into account all other facilities, both existing and known future facilities, at the proposed site and adjacent properties, conforms to safety standards adopted by the FCC, if applicable. The reports prepared for facilities shall conform to the reporting requirements set by the County and FCC OET 65 human exposure standards. The report shall also analyze the evidence provided in support of the proposed facility location, height and radiated power, frequency, the number of channels, and all other related data and present alternatives for the location, height, and radiated power, pursuant to the requirements of this section. If the proposed facility exceeds FCC OET 65 human exposure standards, the applicant shall also provide additional comprehensive technical and planning information regarding how the applicant shall protect all persons from excessive exposure consistent with all federal and State requirements, and any additional County requirements.
B.
Projects in agriculture zones shall, prior to submitting an application for a proposed facility, submit a site plan of the proposed facility to the Butte County Agricultural Commissioner for comment and send a notification letter to all aerial agricultural applicators registered in the county informing them of the proposed site location and tower height. No hearing on an application for a proposed facility in any agriculture zone will be scheduled, nor shall any permit for any such facility be issued without proof that the Butte County Agricultural Commissioner and all aerial agricultural applicators registered in the county have been notified, as specified above.
C.
All applications for facilities that are proposed to be located within the boundaries of any comprehensive airport land use plan or airport area of influence, as adopted or designated by the Butte County Airport Land Use Commission, shall be submitted to the Department of Development Services, and a copy submitted to the Butte County Airport Land Use Commission for review regarding consistency with adopted comprehensive airport land use plans and for recommendations addressing potential impacts to air navigation within the airport area of influence.
D.
The County may, at its sole discretion and at the applicant's sole expense, retain an independent consultant to review either individual elements of or the entire application and advise the County.
(Ord. No. 4062, § 1, 9-10-13)