In addition to the requirements of Chapter 1109, the following procedures are established to govern the processing of applications for placement and operation of wireless telecommunication facilities as regulated in this chapter.
(a) When a wireless telecommunications facility is proposed, the applicant shall submit:
(1) A plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility.
(2) Detailed plans including photographs of the proposed site, and complete structure elevations and a perspective view showing the tower from all contiguous property lines or lot lines.
(3) Evidence of legal access to the tower site thereby maintaining this access regardless of other developments that may take place on the site.
(4) A landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
(5) Documentation demonstrating that the telecommunications tower must be sited in the proposed location and that it is technically necessary.
(6) Evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.
(7) A statement describing anticipated maintenance needs, including frequency of service, equipment needs, and traffic, safety, or noise impacts of such maintenance.
(8) Aerial photos and/or renderings may augment the plot plan.
(9) Evidence that demonstrates the applicant's ability to furnish a financial guarantee for the estimated amount of removal of the facility. Such guarantees may be in the form of a performance or surety bond, a certified check, or any other type of surety approved by the Municipality.
(10) The operator of a wireless telecommunications facility shall, at all times, maintain liability insurance with such amounts and types of coverage as deemed necessary by the Law Director with the Municipality named as additional insured. Evidence of such insurance, which shall be renewed annually, shall be kept on file with the Municipality. The Municipality may require increases in the monetary limits every five years based on inflation, experience in judgments for damages in tort cases, and new types of coverages when made available to the wireless telecommunications industry, or to cover those amounts and types of coverages a wireless telecommunications tower owner in Cuyahoga County customarily requires carriers to provide for the owner's benefit.
(b) The Administrator may waive any of the above requirements which he determines to be inapplicable in specific instances.
(c) In addition to the Review and Approval Procedures set forth in Section 1109.05, an application for the placement of a wireless telecommunication shall be subject to the following:
(1) Upon receiving the completed application, the Planning and Zoning Commission shall hold a public hearing. Such application request shall be posted on the Municipality's website at least thirty days prior to the date of the hearing. Notice of the hearing shall also be mailed, by first class mail, at least fifteen days before the hearing date, to owners of property within 300 feet of the subject property. The addresses of such owner shall be obtained from the addresses appearing on the County Auditor's tax list or the County Treasurer's mailing list. The failure to mail notice to owners whose names do not appear on such lists, as well as the failure of delivery of such notice, shall not invalidate any subsequent Planning and Zoning Commission action. The mailed and website notification shall set forth the time and place of the public hearing and a summary of the proposed application. During the thirty days preceding the hearing, a copy of the application shall be on file for public inspection in the office of the Clerk of Council.
(2) Following the public hearing, the Planning and Zoning Commission may adopt the proposal by a majority vote of those appointed to the Planning and Zoning Commission.
(3) Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be made within a reasonable time and in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning and Zoning Commission and the Secretary of the Planning and Zoning Commission shall deliver such decision contemporaneously with issuing such written decision to the applicant upon rendering the final decision.
(4) The notice and hearing requirement may be waived by the Administrator for applications for construction of a new antenna on an existing structure which do not require the construction of a new tower or associated facilities.
(d) The Planning and Zoning Commission may refer a pending application to one or more expert consultants qualified to advise whether a proposed wireless telecommunication facility conforms to the standards of this chapter. Based on such information, the Planning and Zoning Commission, based on substantial evidence, and within a reasonable time, may approve or deny the application, or may require modification of the proposed facility. The applicant shall pay all fees for services of the expert consultant deemed reasonable and necessary by the Planning and Zoning Commission. (Ord. 2019-39. Passed 8-13-19.)