Article III Approval Process

prepared and certified by a professional engineer licensed in Maine, indicating the location, type, and height of the proposed facility; antenna capacity; on-site and abutting off-site land uses; means of access; setbacks from property lines; and all applicable American National Standards Institute (ANSI) technical and structural codes;

Certification by the applicant that the proposed facility complies with all FCC standards for radio emissions is required; and

A boundary survey for the project performed by a land surveyor licensed by the State of Maine.

(5)

A scenic assessment, consisting of the following:

Elevation drawings of the proposed facility and any other proposed structures, showing height above ground level;

A landscaping plan indicating the proposed placement of the facility on the site; location of existing structures, trees, and other significant site features; the type and location of plants proposed to screen the facility; the method of fencing, the color of the structure, and the proposed lighting method.

Photo simulations of the proposed facility taken from perspectives determined by the Planning Board, or its designee, during the preapplication conference. Each photo must be labeled with the line of sight, elevation, and with the date taken imprinted on the photograph. The photos must show the color of the facility and method of screening.

(d)

A narrative discussing:

[1]

The extent to which the proposed facility would be visible from or within a designated scenic resource;

[2]

The tree line elevation of vegetation within 100 feet of the facility; and

[3]

The distance to the proposed facility from the designated scenic resource's noted viewpoints.

(6)

A written description of how the proposed facility fits into the applicant's telecommunications network. This submission requirement does not require disclosure of confidential business information.

(7)

Evidence demonstrating that no existing building, site, or structure can accommodate the applicant's proposed facility, the evidence for which may consist of any one or more of the following:

Evidence that no existing facilities are located within the targeted market coverage area as required to meet the applicant's engineering requirements;

Evidence that existing facilities do not have sufficient height or cannot be increased in height at a reasonable cost to meet the applicant's engineering requirements;

Evidence that existing facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment; specifically:

[1]

Planned, necessary equipment would exceed the structural capacity of the existing facility, considering the existing and planned use of those facilities, and these existing facilities cannot be reinforced to accommodate the new equipment.

[2]

The applicant's proposed antenna or equipment would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna or equipment on the existing facility would cause interference with the applicant's proposed antenna.

[3]

Existing or approved facilities do not have space on which planned equipment can be placed so it can function effectively.

(d)

For facilities existing prior to the effective date of this chapter, the fees, costs, or contractual provisions required by the owner in order to share or adapt an existing facility are unreasonable. Costs exceeding the pro rata share of a new facility development are presumed to be unreasonable. This evidence shall also be satisfactory for a tower built after the passage of this chapter;

(e)

Evidence that the applicant has made diligent, good-faith efforts to negotiate colocation on an existing facility, building, or structure, and has been denied access;

(8)

Identification of districts, sites, buildings, structures or objects, significant in American history, architecture, archaeology, engineering or culture, that are listed, or eligible for listing, in the National Register of Historic Places (see 54 U.S.C. § 300301 et seq.; 36 CFR 60 and 800).

(9)

A signed statement stating that the owner of the wireless telecommunications facility and his or her successors and assigns agree to:

Respond in a timely, comprehensive manner to a request for information from a potential colocation applicant in exchange for a reasonable fee not in excess of the actual cost of preparing a response;

Negotiate in good faith for shared use of the wireless telecommunications facility by third parties;