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Prior to action by the Planning Commission, the City shall require a review of the permit application by an independent registered engineer engaged by the City and paid for by the applicant, pursuant to the requirement of reimbursement of City expenses as set forth in Section 1355.10. Among other things, the engineer shall review and approve the written certification of the applicant's engineer filed pursuant to Section 1355.06(k); shall review and approve the applicant's propagation studies showing the necessity for and location of the tower; and shall review and approve the structural integrity, electrical integrity and electrical safeness of the wireless telecommunication facility in its projected uses so as to assure the protection of the health, safety and welfare of the citizens of Brook Park.
(Ord. 8329-1997. Passed 4-1-97.)
After issuance of a permit to construct a wireless communication facility, the permittee shall begin construction within 180 days and shall complete construction within 360 days or the permit and approval shall expire. As a condition of the permit, the Planning Commission shall require the applicant and site owner to certify that if construction is not commenced within 180 days or completed within 360 days, the site shall be available for another wireless telecommunication facility.
(Ord. 8329-1997. Passed 4-1-97.)
The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by the Building Commissioner, the Planning Commission or City Council to perform the reviews required by this Chapter.
(Ord. 8329-1997. Passed 4-1-97.)
The Building Commissioner shall authorize the issuance of permits required by this chapter and shall collect the fees therefor in accordance with the following schedule:
(a) New wireless communication tower and facility $2,000.00
(b) New wireless communication antenna 500.00
(c) Co-location of wireless communication antenna on existing tower or building 500.00
(d) Annual inspection fee 1,000.00
(Ord. 8329-1997. Passed 4-1-97.)
Wireless communication antennas and/or towers located on City-owned property, by permission of the City Council, shall be exempt from the provisions of this chapter and any provisions of the Zoning Ordinance. Notwithstanding the foregoing provisions of this section, if a wireless communication tower is to be located on City-owned property, the tower in all cases shall be subject to a special exception public hearing, notice of which shall be given to all adjacent and affected property owners and the Planning Commission. Further, the application and proposed type of construction and standards of the proposed tower shall comply with the requirements of this chapter.
(Ord. 8329-1997. Passed 4-1-97.)
Whenever any person fails, neglects or refuses to comply with any order of the Building Commissioner, under the provisions of this chapter, or when any building or other structure is used or occupied so as to be in violation of or not in conformity with any provision of this chapter, the Building Commissioner may, in his of her discretion, institute an appropriate action at law or in equity to restrain the execution and violation of this chapter, to prevent the occupation or use of such building or other structure and to prevent or terminate any violation of this chapter. Such remedies shall be in addition to the penalty provided in Section 1355.99.
(Ord. 8329-1997. Passed 4-1-97.)
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