961.09 SUBMITTAL REQUIREMENTS.
   (a)   Permit applicants for Wireless Communication Facilities shall submit the information in accordance with the following requirements:
      (1)   Survey of Existing Conditions: A survey of the property to be leased to or otherwise under the control of the applicant or operator shall be prepared by a surveyor licensed to practice in the State of Ohio. This survey shall indicate all observable physical features on the site and on property abutting the site, ownership of the property and of all property abutting the site, underground and overhead utilities, easements, deed restrictions, property line bearing and distances. Topography at two (2) foot intervals shall be shown for the entire property or within at least one hundred fifty (150) foot radius of the tower, whichever is less. Spot elevations may be used when contour intervals are impractical.
      (2)   Legal Description: Legal description of the parent tract and leased parcel if applicable.
      (3)   Site Development Proposal: A scaled site plan and specifications of no less than one inch equals one hundred (100) feet shall be submitted clearly indicating the location of all new and existing underground and overhead facilities. The plan shall indicate all land uses and buildings that are within two hundred (200) feet of the proposed facility. This shall include, but not be limited to, the proposed tower, antenna and associated buildings, uses and structures on the same and adjacent properties, underground and overhead utilities, and exterior lighting. Adjacent roadways, proposed means of access, parking and other information deemed necessary by the Planning Commission for a review of the application shall also be shown. Setback dimensions shall show the distance between each property line and the closest point on the perimeter of the tower structure, excluding guy wires and other similar miscellaneous stabilizers whose collapse would not endanger surrounding property.
      (4)   Grading and Landscaping Plan: A proposed site grading and landscape plan showing specific landscape materials and species proposed. Land contours shall be shown at two-foot intervals and the surface drainage concept shall be indicated for the entire property, or within at least a one hundred and fifty (150) foot radius of the tower, whichever is less. Spot elevations may be substituted where contour elevations are impractical. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment.
      (5)   Antenna and Towers: Plans, elevation drawings and material specifications for all proposed Antenna tower and antenna.
      (6)   Buildings: Building plans, elevation drawings and material specifications for all proposed buildings, structures, fences, walls and gates.
      (7)   Fence Plan: Shall include a plan and elevations drawn to scale together with a material specification for all security enclosures. Use of barbwire is permitted if compatible with the applicable zoning requirements and surrounding land uses where the Wireless Communication Facility is to be located. Use of razor wire as part of any fencing is prohibited. The City and co-locators shall have reasonable access. No fence shall be required on the top of a building or other structure if access to the roof or top of said structure is secure.
   The City reserves the right to require specific fencing in any visually sensitive areas.
      (8)   Certification of Compliance: A written certification from the owner or operator of the Wireless Communication Facility that said facility is in compliance with all applicable federal, state, county and local laws including FCC regulations for non-ionizing electromagnetic radiation (NIER).
      (9)   Co-Location Statement: A notarized statement by a registered professional engineer hired by the applicant that verifies that construction of the tower will accommodate co-location of additional antennas for future use and also states the ultimate height needed for the co-location capacity required.
      (10)   Lease Agreement: For all facilities to be located on City owned or any public property, a copy of the proposed antenna tower site lease agreement including all easements and access rights.
      (11)   Inventory:
         A.   List of Applicant Locations: Each applicant for an antenna and/or tower shall provide to the Planning Commission an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are within the jurisdiction of the City or within two (2) miles of the border thereof, including specific information about the location, height, and design of each tower.
         B.   Specification of Backhaul Providers: Identification of the entities providing the backhaul network for the tower(s) or antenna(s) described in the application and other telecommunication wireless sites owned or operated by the applicant within the City.
      (12)   Justification: A description of the suitability of the use of existing towers, other structures or technology not requiring the use of the proposed new tower. New towers shall be approved only when other preferable alternatives are not available. The applicant must demonstrate to the reasonable satisfaction of the Planning Commission that no existing tower, structure or other alternative is available to fulfill the communication requirements. Such evidence may include, but not be limited to, the following:
         A.   Existing facilities not available. A demonstration that a technically suitable location is not reasonably available on an existing tower, building or structure, or;
         B.   Existing towers or structures do not have sufficient height to meet applicant's engineering requirements, or have insufficient structural strength to support applicant's proposed antenna and related equipment, or;
         C.   The applicant's proposed antenna would cause frequency interference with the antenna on the existing tower or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna, or;
         D.   The fees, costs, or contractual provisions required by the owner of the existing structure in order to share the existing tower or structure are unreasonable. Costs exceeding new tower development are presumed to be unreasonable, or;
         E.   Co-location rejected. If another tower is technically suitable the applicant must show that the applicant has made a written offer to allow the owner to co-locate an antenna on another property within the City. owned by the applicant on reciprocal terms and the offer was not accepted.
      (13)   Radio Frequency (RF) Engineer Testimony: Testimony shall be made by a radio frequency engineer at all required public hearings and he/she shall attest to the engineering need for the tower height regulated.
         (Ord. 00-97. Passed 11-28-00.)