(a) Any person or entity desiring to place, construct or modify telecommunications facilities in the jurisdiction of this local government shall be required to obtain a permit(s) from the Zoning Inspector. Applications of those seeking to place, construct or modify telecommunications facilities on land owned by a public entity other than this local government shall, to the fullest extent permitted by law, be considered under and be subject to this legislation.
(b) In addition to any application requirement detailed elsewhere in this legislation, applications to place, construct, or modify telecommunications facilities, regardless of the proposed location thereof, must include:
(1) Technical report. Technical demonstration that the telecommunications facilities are necessary, and certification that other sites in this jurisdiction and in surrounding communities are not preferred sites and that the proposed site is the best site under and according to reasonable engineering standards. This report shall also include:
A. The location of all of the applicants' existing and other planned telecommunications facilities in the jurisdiction;
B. The location of all other potential sites for the proposed telecommunications facilities that are technically feasible;
C. The location of all other telecommunications facilities where co- location is technically feasible;
D. The suitability of the proposed site for co-location; and
E. Any interference restrictions or considerations applicable to the proposed telecommunications facilities.
(2) Basic proposal. The width, depth, height, color, type, specifications, capacity, functionality, and co-location potential of all proposed telecommunications facilities, certified by any Ohio licensed professional engineer.
(3) Compliance with standards. Reasonably satisfactory evidence of compliance with all applicable structural, appearance, safety and nature preservation standards set forth in this legislation and in applicable law (as certified by an Ohio licensed professional engineer), including, but not limited to:
A. The certification of an Ohio licensed professional engineer as to compliance with applicable nationally accepted structural standards as published by the American National Standards Institute/Electronic Industry Association, Section 222-F ("ANSI/EIA-222-F"), as the same may be amended from time to time; and
B. A soil report which comports that the standards of ANSI/EIA-222- F (Annex I: Geotechnical Investigations for Towers), as the same may be amended from time to time, which report shall support the foundation and anchor specifications for the telecommunications facilities (including any guy wires).
(4) Co-location.
A. In the event that a telecommunications tower or telecommunications attachment is proposed to be constructed, evidence that the applicant has attempted in good faith to co-locate such a telecommunications tower or telecommunications attachment at all technically feasible locations on reasonable terms. Those telecommunications providers contacted by applicant for such purposes must be given at least 30 days to respond to such contact.
B. The applicant shall agree to permit co-location on a proposed telecommunications tower or telecommunications attachment (together with associated access and parking), to the extent technically feasible (but in no event fewer than three additional antennae), on reasonable terms. The applicant shall agree that all disputes with future telecommunications providers concerning co- location and the terms and conditions of co-location shall be submitted to commercial arbitration under a system chosen by the parties in question, but if said parties are unable to agree upon such a system, then under the auspices of the Commercial Arbitration Provisions of the American Arbitration Association.
(5) Use of existing structures. In the event that a telecommunications tower is proposed to be constructed, evidence that a technically feasible location is not reasonably available to construct an alternative telecommunications attachment on an existing structure.
(6) Site plan. A site plan detailing, within 500 feet of all proposed telecommunications facilities:
A. Existing and proposed telecommunications facilities;
B. Existing and proposed buildings and other man-made structures;
C. Existing and proposed natural features, including trees and shrubs;
D. Existing and proposed access easements and parking areas; and
E. Existing and proposed utilities to and within the site.
(7) Affected properties. A listing of lots (with property owners' names and addresses, and uses of properties) within 1,200 feet of the proposed site.
(8) Maintenance plan. A maintenance schedule (including, at a minimum, frequency of service, equipment needs, and traffic, safety and noise impacts) acceptable to the Village of Edgerton in light of any manufacturer's recommended maintenance schedule or otherwise.
(9) Right to access or to place, construct, or modify. Evidence of continuous legal access to the telecommunications facilities (regardless of other developments that may take place at the site) for the expected duration of the use of such telecommunications facilities, and evidence of a contractual right to place, construct, or modify such telecommunications facilities on the proposed site (though a siting agreement or grant of easement or otherwise).
(10) Agreement to remove; bond.
A. The agreement of the applicant to remove the proposed telecommunications facilities (any associated site improvements such as access drives) within 180 days of discontinued use of or failure to use them, and to return thereafter the entire site thereof to its prior state, at the applicant's cost. Upon such discontinued use or failure to use, and if such telecommunications facilities are not removed as aforesaid, they shall be considered abandoned and the permit(s) to use them shall be terminated. At any time thereafter, this governmental body, or its authorized designee, may give written notice to the applicant that it intends to remove such telecommunications facilities (and related site improvements), at the applicant's cost, no sooner than 90 days after receipt by the applicant of said notice. Within that 90 day period, applicant must be given an opportunity to either reactivate or activate such telecommunications facilities, remove them (and related site improvements) and return the site thereof to its prior state, or show good cause why such telecommunications facilities (and related site improvements) should not be removed. In the absence of such circumstances occurring within said 90-day period, this governmental body may order that such telecommunications facilities (and related site improvements) be removed and the site be returned to its prior state, at the applicant's cost.
B. To cover this local government's costs of such removal upon the occurrence of such events, the applicant shall post a bond or submit to escrow a cash deposit (or otherwise as approved by the Village Administrator in a reasonably sufficient amount to be determined by the Village Administrator prior to issuance of any permit. The Village Administrator may require such periodic evidence of the continuing force and effect of such a bond. Such a bond shall remain in full force and effect, or the deposit shall remain in escrow, as the case may be, until such telecommunications facilities are removed in accordance with this legislation.
(11) Agreement to indemnify. The agreement of the applicant to indemnify and hold harmless this local government, its officers, and employees from any claims, liabilities, costs and expenses incurred on account of or resulting from the construction, operation, maintenance, or removal of the proposed telecommunications facilities.
(12) Insurance. Proof of insurance of the following types and in the following amounts, insuring both this local government (and its elected and appointed officers, officials, agents, and employees) and the applicant pursuant to this legislation:
A. Comprehensive general liability insurance with limits not less than:
1. $3,000,000.00 for bodily injury or death to each person;
2. $3,000,000.00 for property damage resulting from any one accident; and
3. $3,000,000.00 for all other types of liability;
B. Automobile liability for owned, non-owned, and hired vehicles with a limit of $3,000,000.00 for each person and $3,000,000.00 for each accident;
C. Worker's compensation insurance with statutory limits;
D. Employer's liability insurance with limits of not less than $3,000,000.00; and
E. Comprehensive form premises-operations, explosions, and collapse hazard, underground hazard, and products completed hazard with limits of not less than $3,000,000.00.
Such insurance shall be maintained until the proposed telecommunications facilities are removed in accordance with this legislation. The Village Administrator may require the annual filing of a certificate of insurance evidencing the insurance amounts required herein, and evidencing that this local government shall be notified by the insurer at least 30 days before any expiration or cancellation of required coverages.
(13) Application fee and deposit. To reimburse this local government for reasonable costs related to the processing of applications under this legislation, the applicant shall submit with its application a non-refundable permit fee and a deposit in amounts comporting with the schedule posted and periodically updated by the Village Administrator. Reasonable fees and costs of engineers and/or other consultants used by this local government to verify initial compliance with this legislation shall be deducted from the deposit, and the balance returned to the applicant upon completion of the permitting process.
(c) Application requirements may be waived or modified by the Village Administrator only if required by applicable law; deemed to be in the best interests of this local government on the basis of unique circumstances; or deemed to be inapplicable on the basis of unique circumstances.
(d) Decisions of this local government on the application shall not be based on the environmental effects of radio frequency emissions to the extent that any proposed personal wireless service facilities (as defined in the Act) comply with FCC regulations.
(e) Applications submitted to this local government shall be acted upon with a reasonable period of time after the application is duly filed, taking into account the nature and scope of the application.
(f) Denials of applications shall be in writing and supported by evidence contained in a written record.
(Ord. 696. Passed 8-24-98.)