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The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by the Building Commissioner, the Zoning Commissioner, the Planning and Zoning Commission, the Architectural Review Board and/or City Council to perform the reviews required by this chapter.
(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 15-2017. Passed 2-21-17.)
The Zoning 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 communications tower - $5,000.00.
(b) New wireless communications antenna/array - $2,000.00.
(c) Collocation of wireless communication antenna/array on existing tower or building - $2,000.00.
(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)
Regardless of the provisions of this chapter, a wireless telecommunications facility may be permitted on any property owned or controlled by the City and currently used for public purposes, and such facility shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as may be required by the Planning and Zoning Commission and City Council.
(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)
(a) A holder of a permit for a wireless telecommunications facility shall secure and at all times maintain public liability insurance for personal injuries, death, and property damage, and umbrella insurance coverage, for the duration of the permit in amounts as set forth below:
(1) Commercial general liability covering personal injuries, death and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate;
(2) Automobile coverage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate;
(3) Workers' compensation and disability: statutory amounts.
(b) The commercial general liability insurance policy shall specifically include the City and its officers, employees, committee members, attorneys, agents and consultants as additional named insured.
(c) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State of Ohio and with a Best's rating of at least A.
(d) The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least 30 days prior written notice in advance of the cancellation of the insurance.
(e) Renewal or replacement policies or certificates shall be delivered to the City at least 15 days before the expiration of the insurance which such policies are to renew or replace.
(f) Before construction of a permitted wireless telecommunications facility is initiated, but in no case later than 15 days after the grant of the permit, the holder of the permit shall deliver to the Law Department a copy of each of the policies or certificates representing the insurance in the required amounts.
(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)
(a) Any applications for wireless telecommunication facilities that are proposed for City property pursuant to this ordinance, shall contain a provision with respect to indemnification. Such provision, to the extent permitted by this chapter, shall require the applicant to at all times defend, indemnify, protect, save, hold harmless and exempt the City and its officers, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at ordinance or in equity, which might arise out of, or are caused by the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages may be attributable to the negligent or intentional acts or omissions of the City, or its servants or agents. With respect to the penalties, damages, or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the City.
(b) Notwithstanding the requirements noted in division (a) of this section, an indemnification provision will not be required in those instances where the City itself applies for and secures a permit for wireless telecommunications facilities.
(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)
In order for a permit to be issued to construct a new wireless telecommunications tower or facility or to place a wireless tower or antenna on any existing structure the applicant must present to the Planning and Zoning Commission a report prepared by a licensed professional engineer demonstrating compliance with all of the following requirements to be considered for review:
(a) The applicant shall present documentation that the proposed telecommunications structure or facility complies with all requirements established in Section 1399.03;
(b) The applicant shall demonstrate that the proposed telecommunications structure or facility complies with all State and Federal laws and regulations concerning aviation safety;
(c) In determining an appropriate location for any proposed tower, the Planning and Zoning Commission shall require a geographic survey or report addressing safety issues and concerns with respect to ingress and egress of air-medical providers on or near the proposed site of any new tower or the site of any existing tower proposed to be heightened;
(d) The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to service the applicant's service area. If the facility includes a tower there shall be an explanation of why other nearby structures, if any, cannot be used to support the antenna;
(e) Where the telecommunications facility is located on a property with another principal use, the applicant must present documentation that the owner of the property has granted an easement for the proposed facility and that the access described in Section 1399.03(s) and (t) is provided to the facility;
(f) The name, address and phone number of the person preparing the report;
(g) The name, address and phone number of the property owner, operator and applicant;
(h) Postal address and parcel number of the property;
(i) Size of the property stated in both square feet and lot line dimensions, and a diagram showing the location of all lot lines;
(j) Location, size and height of all structures on the property that is the subject of the application;
(k) Location, size, and height of all proposed and existing antennas and all associated structures;
(l) The make, model and manufacturer of the tower and antennas;
(m) A description of the proposed tower and antennas and all related fixtures, structures, and apparatus, including height above pre-existing grade, materials, color and lighting;
(n) The frequency, modulation and class of service of radio or other transmitting equipment;
(o) Transmission and maximum effective radiated power of the antenna(s);
(p) Direction of maximum lobes and associated radiation of the antenna(s);
(q) Certification that the non-ionizing electromagnetic radiation (NIER) levels at the proposed site are within the threshold levels adopted by the FCC;
(r) Certification that the proposed antenna(s) will not cause interference with existing telecommunications devices. This certification will be subject to review by a licensed engineer designated by the Zoning Commissioner;
(s) A copy of the FCC license applicable for the use of the wireless telecommunications facilities;
(t) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless telecommunications facility on the proposed site. This certification will be subject to review by a licensed engineer designated by the Zoning Commissioner;
(u) Propagation studies of the proposed site and all adjoining proposed, in-service or existing sites;
(v) Applicant shall disclose in writing any agreement in existence prior to the submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs;
(w) The applicant shall furnish written certification that the telecommunications facility, foundation and attachments are designed and will be constructed to meet all local, County, State and Federal structural requirements for loads, including wind and ice loads; and
(x) The applicant must provide a written analysis, completed by a qualified individual or organization, to determine if the telecommunications tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation part 77. This requirement shall be for any new tower, or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence must be provided in a timely manner.
(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)
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