§ 12.8. Approval process for new facilities or substantial changes in existing facilities.

Except for administrative permits, the planning commission shall hear and make recommendations to the city council on all applications to place, construct or modify telecommunications facilities in accordance with this article and the procedures set forth in article VI.

1.

Application. Every person seeking to place, construct, or modify any telecommunications facility must file an application with the code official on such forms as may, from time to time, be prescribed by the official for that purpose. The application shall provide the information necessary to demonstrate compliance with this article, including, but not limited to, the following:

(a)

All applications shall be signed by or on behalf of the applicant, and shall attest to the truth and completeness of the information contained therein. The landowner, if different than the applicant shall also sign the application.

(b)

The legal description, property tax map number, and address of the parcel of land upon which the tower is to be situated, or the antenna support structure for location of the telecommunications facilities.

(c)

Documentation by appropriate engineers demonstrating the following:

i.

Diligent, unsuccessful efforts to install and co-locate the applicant's towers or telecommunications facilities on existing towers or telecommunications facilities and antenna support structures within a one-half-mile radius of the proposed tower site.

ii.

Written, technical evidence from an engineer that the proposed tower, antenna support structures, or telecommunications facilities cannot be installed or co-located on another person's tower or cannot use another person's antenna support structure located within a one-half-mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communication system.

(d)

A statement that the applicant has no outstanding and overdue debt to the city.

(e)

An acknowledgement that by signing a permit application, the applicant and facilities owner(s) agree to indemnify and hold harmless the city consistent with indemnification language in section 12.19.

(f)

Payment of the nonrefundable fee(s) set forth in the resolution adopted by the city council pursuant to this ordinance.

2.

Procedure. Within 30 days of the receipt of an application, the code official shall inform the applicant in writing:

(a)

That the application is complete; or

(b)

That the application is incomplete, stating reasons why the application does not meet the submittal requirements.

3.

Incomplete applications. An applicant who receives notice of an incomplete application may submit additional documentation. An applicant's failure to correct the deficiencies in the application within 30 days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application and the payment of a new fee.

4.

Recommendation on the application. After a public hearing, the commission may recommend that the council approve, approve with conditions, or deny a permit. The commission's findings shall be in writing.

5.

Decision by the council. The council shall schedule a public hearing on the application at the next regularly scheduled council meeting. The council's 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.

(a)

If the council recommends approval of the permit for telecommunications facilities, then the applicant shall be notified of such approval in writing within ten business days.

(b)

If the council denies the permit for telecommunications facilities, the applicant shall be notified in writing within ten business days of the city's action, setting forth the reasons for such action.

6.

Right to appeal. Any person aggrieved by any final action of the council, or failure of the commission to act on an application within the time set forth in section 11.4 of the zoning ordinance, may commence an action within a court of competent jurisdiction in the State of Alabama.

(Ord. No. 05-2013, 5-13-2013)