Title 18 - Unified Development Ordinance
18.395 Communications Facilities
18.395.050 Application Process and Requirements
- A.
Pre-Application Conference – A pre-application conference is required before filing an Application for the Replacement or Modification of an Existing Communications Facility or the construction of a new Communications Facility, unless waived by the Director. The purpose of the pre-application conference is to ensure the Applicant understands all requirements, to establish a tentative timeline, and to determine the Approval Authority for the Application. The pre-application conference should address issues that will expedite the review and approval process. Pre-application conferences for Small Cell/DAS Facilities in the public right-of-way will be conducted with the City’s Right-of-Way Coordinator.
- B.
Application Fee – At the time the Application is filed for a Communications Facility, the Applicant will pay a non-refundable Application fee as determined in the current version of the Governing Body resolution establishing applicable fees; provided, the Application fee shall be subject to any applicable Statutory maximum. An Application shall not be deemed submitted unless the applicable fee is paid.
- C.
Application Requirements – An Application for the Replacement or Modification of an Existing Communications Facility or the construction of a new Communications Facility shall include the following information and requirements, unless waived by the Director:
- 1.
As applicable, a site plan or preliminary development plan, and if applicable, any other Special Use Permit submission requirements set forth in OPMC Section 18.140.140.
- 2.
A descriptive statement of the proposed Communications Facility. For Towers or Base Stations, the statement shall provide the capacity of the structure, including the number and type of Antennas it can accommodate.[1]
- 3.
An affidavit from the Applicant stating that it conducted a thorough analysis of available Collocation opportunities within the applicable search ring.[2]
- 4.
Elevation drawings of the proposed Communications Facilities showing all Towers, Base Stations, Antennas, Transmission Equipment, Accessory Equipment, cabinets, fencing, screening, landscaping, lighting, and other improvements related to the facility. Specific colors and materials shall be noted.
- 5.
Digital photo simulations of the Site providing “before and after” views demonstrating the true visual impact of the proposed Communications Facilities on the surrounding environment. Staff or the Approval Authority may require photo simulations from any specific vantage point.
- 6.
A report from a licensed professional engineer which describes the Communications Facility’s structural capacity, including a statement to the effect that the Communications Facility can safely accommodate all Antennas, Transmission Equipment and/or Accessory Equipment. This may include structural calculations, geotechnical foundation studies, and other data as determined by the Director, as applicable, and in compliance with all City codes. In the event an Existing Communications Facility is to be used, the report shall describe the condition of the Existing Communications Facility based on a physical inspection and its ability to accommodate any additional Accessory Equipment and/or Antennas.
- 7.
A landscape plan that demonstrates the effective screening of the proposed Communications Facility and any Accessory Facilities as required by the Section 18.395.070 H. The landscape plan shall be sealed by a professional landscape architect, unless this requirement is waived by the Approval Authority.
- 8.
If lighting is required by the FCC or the FAA, the Applicant shall submit the proposed lighting plan and identify an available lighting alternative. If security lighting is to be used, the Applicant may be required to submit a photometric plan to ensure that lighting is unobtrusive and inoffensive and that no light is directed towards adjacent properties or rights-of-way. All lighting will meet any requirement of Section 18.395.070 I.
- 9.
If an emergency power system will be utilized, the Applicant will provide: sufficient details showing the location and proposed use of the same; a proposed plan for any intended non-emergency use (e.g., testing); and certification that the system will not violate local health and safety requirements and local noise control ordinances.
- 10.
A statement that the proposed Communications Facility and any Accessory Facilities and/or landscaping shall be maintained within City ordinances, under what arrangement, and by whom. The statement shall provide contact information for the responsible party.
- 11.
An engineer’s certification that the proposed Communications Facility and the cumulative effect of all Communications Facilities on the Site comply with all FCC standards, including but not limited to, certifying that all facilities meet all provisions and regulations for radio frequency (RF) emissions or exposure, and that anticipated levels of electromagnetic radiation to be generated by all facilities on the Site, including the effective radiated power (ERP) of the Transmission Equipment, shall be within the guidelines established by the FCC.
- 12.
When applicable, a signed copy of the lease between the Applicant and the landowner or other acceptable documentation signed by the landowner evidencing the landowner’s approval for the proposed Communications Facility. The lease or other documentation shall contain a provision stating that the landowner shall be responsible for the demolition and/or removal of the Communications Facility in the event the lessee fails to remove it upon abandonment of the facilities or the termination of the lease.
- 13.
Applicants for Communications Facilities in the right-of-way shall provide notice by certified mail to the owners of record of all property within 200 feet of the proposed Site. The notice shall provide: (1) a City-issued case number (if available); (2) a description of the proposed facility; (3) the location of the proposed facility; (4) a plan sheet showing the proposed Site and the facility improvements; and (5) the Applicant’s contact information and a statement that the owner shall have 20 days from the date of the notice to provide the City with any input regarding the Application. Each Communications Facility Site shall be provided with its own notice; notices for multiple Sites, even if under the same City case number, may not be provided in a single letter. No Application will be approved until the Applicant submits an affidavit affirming that the required notice was sent. For Applications requiring a Special Use Permit, the notice requirements outlined in Section 18.140.080 shall apply.
- 14.
For Applications near an airport, the Applicant must submit an affidavit that it is in compliance with any applicable FAA regulation and, if applicable, that it is in compliance with any applicable regulation for the Johnson County Airport.
- 15.
Any other information to satisfy the Performance Standards in Section 18.395.070 or that, as determined by the Director, will assist the review and approval process for Communications Facilities.
- D.
Independent Third Party Review
1. The Applicant may be required to provide an independent review of the Application as determined by the Director.
2. The Director will select and approve a list of acceptable consultants to be used for the third party independent review.
3. The scope of the third party review will be determined by the Director and may vary with the scope and complexity of the Application; the scope will be determined following the pre-application conference. The independent third party review will generally be focused on the technical review of Wireless Services and verification of the information submitted by the Applicant such as federal RF emissions standards, and other technical requirements to ensure that the modeling parameters and data used in developing these technical requirements are valid and representative of the proposed Communications Facility.
[1] Pursuant to Kansas Statute, the City may not require specific information about: the Applicant’s business decision regarding its designed service, customer service demand or quality of service for a particular area or Site; the specific need for the Communications Facility; or any proprietary, confidential or other business information to justify the need for the Site, including propagation maps and telecommunications traffic studies.
[2] Pursuant to Kansas Statute, the City may not evaluate the Application based on availability of other potential locations for siting, including options to Collocate.
(History: Ord. ZRR-3274 §3, 2020; Ord. ZRR-3134 §5, 2016; ZRR-2795 §10, 2009)
Effective on: 1/1/1901