939.04 APPLICATIONS.

   (a)   Requirement. Anyone seeking to site a Wireless Communications Facility in the right of way shall first duly file a written application with the City of Findlay Engineering Department in accordance with the requirements in this section and the application requirements set forth in the Design Guidelines as modified from time to time by the City of Findlay Engineering Department by the authority granted in Section 939.08

   (b)   Single Facility per Application. A single application shall propose modification of no more than one existing Eligible Support Structure, installation on a Potential Support Structure, or construction of a new tower or base station.

   (c)   Recovery of Additional Costs Incurred in Processing Application. The City of Findlay Engineering Department is authorized to charge the applicant for recovery of additional, reasonable costs incurred in its analysis, evaluation, and response to an application under this chapter if the actual costs of review exceed the application fee. Nothing in the reasonableness limitation on additional costs shall be construed to bar or limit the city's authority to incur costs it deems necessary or appropriate in connection with the application. Additional costs may include unforeseen City staff review costs and the costs of third-party technical experts hired to assist with review application. No City construction or ROW wireless permits shall issue until and unless the applicant pays the application fee and such additional costs as are authorized to be recovered under this paragraph.

      (1)   Authorization to retain independent consultants. The City of Findlay Engineering Department may, in their discretion, and at any time in the review process, select and retain an independent consultant with expertise in telecommunications satisfactory to the City of Findlay Engineering Department in connection with any permit application. In the event that the City of Findlay Engineering Department decides to retain an independent consultant for technical review, it shall send written notice to the applicant including a nonbinding estimate of the cost for such review. The applicant shall have five business days from the date of mailing of notice to elect to withdraw the application without any liability for any costs or expenses in connection with the independent technical review.

      (2)   Scope. The City of Findlay Engineering Department may request independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Technical review issues may include, but are not limited to:

         i.   permit application completeness or accuracy;

         ii.   planned compliance with applicable RF exposure standards;

         iii.   whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;

         iv.   the applicability, reliability, and/or sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scope; and

         v.   any other issue that requires expert or specialized knowledge identified by the department of transportation and engineering.

      (3)   No permit until payment. The applicant must pay for the cost of consultant technical review and for the technical consultant's testimony in any hearing as requested by the department of transportation and engineering. No permit shall issue to an applicant where that applicant has not timely paid any fee required under the Municipal Code or if the applicant owes payment on outstanding invoices for costs recoverable by the City under this Chapter 939. (Ord. 2017-037. Passed 5-2-17.)