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1256.17  APPROVAL PROCEDURE.
   (a)   Applications for approval to locate towers, antennas and related wireless telecommunications facilities shall be controlled as set forth for conditional uses in Chapter 1250, and the applicant-provider shall apply for a zoning permit as set forth for the site plan review in Section 1217.03. This requirement shall not apply to the collocation of antennas and wireless telecommunications equipment upon approved conditional use wireless telecommunications facilities in good standing as set forth in division (c) of this section.
   Prior to the submission of an application for a new conditional use permit the applicant shall schedule a preliminary review meeting with the Planning Commission Secretary and Zoning Administrator to review the required documents.  At the preliminary review meeting a checklist shall be reviewed to verify the information being submitted and to identify missing information.  The City shall reserve the right to have representation from the outside review consultant at the preliminary review meeting.
   (b)   In addition to the requirements set forth in subsection (a) hereof, the following shall be submitted in an application for approval:
      (1)   A written document certifying that the applicant is a wireless telecommunications service provider licensed by the FCC.  No tower owner shall be permitted to submit an application for a new conditional use permit for a new tower without providing written proof that commits a commercial wireless telecommunications provider to the proposed site.
      (2)   An affidavit swearing that the applicant shall comply with all regulations of the Telecommunications Act of 1996, as may from time to time be amended.
      (3)   A written document which certifies that the applicant shall locate no tower in violation of laws governed by the FAA.  Credentials of the affiant shall be included as part of this requirement.
      (4)   A signed and stamped report from a certified, structural engineer which:
         A.   Describes the tower height and design, including a cross section and elevation;
         B.   Documents the total tower height and its potential for mounting positions for at least three additional collocated antennas, their minimum separation distances, and general ability for accommodating collocation;
         C.   Documents what steps the applicant will take to avoid interference with established public safety telecommunications;
         D.   Geotechnical report stating soil bearing capacities for bearing loads and foundation design requirements;
         E.   Certifies that the tower is structurally sound and, if it should fail, under what conditions it might fail and the likely result thereof including a fall zone map which identifies all existing structures within the height of the proposed tower; and
         F.   Certifications shall include the structural and soil engineer's stamp and registration number.
      (5)   For all private, commercial wireless telecommunications service providers, a letter of intent committing the provider or tower owner and his or her successors and assignees, to permit collocation if technically feasible, and if another provider agrees in writing to meet reasonable terms and conditions of collocation.
      (6)   A signed and stamped report from a certified electrical engineer or other professional having the expertise to attest to:
         A.   The electrical and radio frequency safety of an antenna receiving or transmitting radio waves associated with wireless telecommunications;
         B.   Statement regarding levels on non-ionized electromagnetic radiation (HEIR) pursuant to Section 1256.14 by an individual qualified to make such statement.  The qualifications of such individual shall be submitted in writing with the report.
         C.   The intended transmission and the maximum effective radiated power of the antennas to be used.
         D.   Certification that the proposed antennas will not cause interference with other telecommunication devices or other wireless equipment.
         E.   Direction of the lobes for maximum coverage capability and the associated radiation of the antennas.
      (7)   In addition to the requirement set forth in Section 1217.03(c)(12) for conditional use permits the applicant shall also include addresses for all residential and/or businesses within the minimum 300 feet notification limits.  The Planning Commission Secretary shall reserve the right to request a greater notification boundary.
   (c)   Collocation of antennas and wireless telecommunications equipment on previously approved wireless telecommunications facilities shall not be subject to the approval procedure set forth in this section, but shall be subject to administrative review.
   (d)   All approved conditional use wireless telecommunication sites shall undergo a structural assessment for re-certification every five years from the date of issuance of the occupancy permit from the Building Department.  Said review shall be initiated in the fourth year by the Planning Commission Secretary.  The assessment must be completed by a licensed structural engineer to verify the structural integrity of the structure.  Such report shall be submitted in writing, signed and stamped with the engineer's registration number to the Planning Commission Secretary at least 30 days prior to the expiration of the conditional use permit.  Said report must identify any required maintenance that is needed and the tower owner shall provide details as to when the repairs shall be completed. If repairs are required, as identified by the structural engineer, the Planning Commission Secretary shall reserve the right to grant a temporary extension to the permit until such time as the repairs are completed.  Once the repairs are made the structural engineer shall re-review the site and state if the structure is sound.  The applicant shall be responsible for all costs associated with the hiring of the structural engineer.
(Ord. 90-98.  Passed 5-18-98; Ord. 44-04.  Passed 2-23-04; Ord. 76-04.  Passed 4-5-04; Ord. 89-2011.  Passed 9-12-11.)